AQUANETIX Terms of Service

AQUANETIX Terms of Service

1. Your Acceptance

Welcome to the Terms of Service for the Aquanetix website and any associated services. This is a legally binding agreement (“Agreement”) between, Aquanetix Ltd(“Aquanetix"), the owner and operator of www.aquanetix.co.uk (the “Site ”), the Aquanetix software (“Software”) and any Aquanetix services ( “Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site, Software, and Service. Throughout this Agreement, the words “Aquanetix,” “us,” “we,” and “our,” refer to our company, Aquanetix Ltd and our Site, Software, or any Services, as is appropriate in the context of the use of the words. Your ability to submit or transmit any information through the Software, Site and Service, including but not limited to text, photos, pictures, comments, designs, data, videos, or other information contained in third party software systems will be referred to as “Content” throughout this Agreement By click “accept” or by using our Site, Service or any Software you agree to these Terms of Service, Privacy Policy and any other relevant agreements. We may amend our Terms of Service or Privacy Policy and may notify you when we do so. If you do not agree to the Terms of Service or the Privacy Policy please cease using our Software, Site and Service immediately. Users of our Service must be 18 or above. If you are under the age of 18 please stop using our Site and Service immediately.

2. User Accounts

In order to use our Site and Service you will be required to register. We may collect information to populate your profile as outlined in our Privacy Policy. We have the final discretion in granting accounts and reserve the right to reject users without explanation. You may only register for one account and you may not share your account with other users. You are solely responsible for any activity made or occurring under your account. If you believe your account has been compromised please contact us immediately.

3. License Grant

We make our Service or any associated Software available through our Site or by download. When you access or download our Software, you are given the right to download one copy of the Software at the price listed, if any or to access the Software through our Site. We grant you a non-commercial, personal, non-exclusive, revocable, limited license to use our Site and download our Software. You acknowledge that we maintain all right, title, and interest in our Software. This means you cannot sell our Software anywhere else, share your license to use our Software with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Software. Even if we offer our Software for free, you must still abide by these provisions. You obtain no ownership rights when you purchase and download our Software, you are instead buying a license to install or use the Software within the confines of this Agreement. All rights not expressly granted are reserved by Aquanetix. This license may be terminated if you violate any provisions listed in this Agreement or our Privacy Policy. Additionally, this license may be terminated if you are engaged in any activities that may damage the rights of Aquanetix. If you wish to terminate this license please simply stop using, return, delete, or destroy any copies of the Aquanetix’ Software and any associated materials.

4. License Restrictions

You are responsible for your use of our Software. You agree not to access, copy, or otherwise use the Software unless permitted through this Agreement or in writing by us. Additionally, you agree to abide by the restrictions listed below:

Please be aware that this is not an all-encompassing list of restrictions, if you breach these restrictions, we may revoke your license to use our Software at our discretion. Additionally, we may revoke or restrict your access to our Software if we believe that your actions may harm us or the Aquanetix Software. Failure by us to revoke your license does not act as a waiver of your conduct.

5. Termination of Aquanetix Software License

The license to use our Software is effective once you begin using our Service or Software. You may terminate the license at any time by discontinuing your use of the Software or Service and destroying any copies of the Software in your possession or under your control. Aquanetix may terminate this Agreement and your use of our Software, if at our sole discretion we believe that you have violated this Agreement or if we believe it is in our best interest to do so. We are not required to provide you an explanation for our termination of this Agreement.

6. Your Content and our Service

When submitting any Content or using our Software to access and move your Content, please verify that such Content is accurate. We are not required to host, display, migrate, or distribute any of your Content and we may refuse to accept or transmit any Content or delete your Content from Aquanetix at any time. You agree that you are solely responsible for any Content submitted and that we cannot guarantee the absolute safety and security of any such information. Aquanetix may at its discretion remove, modify, or delete any Content owned by you that is stored on our Software or Service. When you submit any Content to us, you grant Aquanetix and its affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and transmit Content to facilitate the Services provided to you. Additionally, although you own all Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your Content through our Service.

7. User Guidelines

When using our Service, you are responsible for your use of Aquanetix, and for any use of Aquanetix made using your account. You agree not to access, copy, or otherwise use our Software and Service including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Aquanetix. You agree that:

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but Aquanetix reserves the right to suspend or terminate any account at any time without notice or explanation.

8. Modification of Software

We reserve the right to alter, update, or remove our Software or Service or your access from it at any time, or demand that you do so. We may conduct such modifications to our Service for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Software for security, legal or other purposes.

9. Service and Site Availability

We do not guarantee that the Service or Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the Software will work as advertised, or that it will give you any desired results.

10. Service Disclaimer

Although we aim to provide you accurate data and content through our Software and Service, please be aware that our Service, Software, and any information found within it are offered “as-is.” You agree that information received from our Software may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Service or Software will cause you to experience any increased benefits of any sort. You agree to release us from any liability that we may have to in relation to your use of our Software and Service.

11. Compliance With All Laws and Regulations

Aquanetix is not responsible for your violation of any laws while using our Site and Service. Users must comply with all local, state, and national English and UK laws regarding your use of our Site and Service. Our Software and Service is void where prohibited.

12. Intellectual Property Rights

The design of the Aquanetix Service along with Aquanetix created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Aquanetix, subject to copyright and other intellectual property rights under European and foreign laws and international conventions. Aquanetix reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.

13. Payments and Billing

In order to begin using our Service, payment may be required. We may allow you to pay for our Service and Software using your credit card. Payments and costs may vary depending on the choices and plans you select. By submitting your credit card information you agree to the charges that appear on the checkout screen when purchasing any of our Services. Please be aware that your payment information may be stored, secured, and processed by a third party payment processor such as PayPal.

14. Refunds

As we offer software as a service we cannot offer refunds at this time. If for some reason you feel that you are entitled to a refund please contact us at support@aquanetix.co.uk

15. Changes in Price and Discounts

Aquanetix may change the Service or Software at any time and from time to time without notice. Any changes to the Services, including releases of new features, tools or resources, shall be subject to this Agreement. Prices for any Service or Software provided by Aquanetix, are subject to change at any time. Such notice may be provided at any time by posting the changes on our Site or Software. Aquanetix shall not be liable to you or to any third party for any change to the Services or Software, price change, suspension or discontinuance of the Services or Software. We may offer discounts from time to time, please be aware that any discounts may have additional restrictions and may only be awarded at our discretion

16. Cancellation

You may cancel the Software or Service at any time. To cancel, please contact us at support@aquanetix.co.uk. Please be aware that once service cancellation occurs, your account information including any Content stored on our Site, Service, and Software may become inaccessible immediately.

17. Taxes

You agree that you are solely responsible for paying any taxes, levies, or fees associated with using our Site and Service. Although, we may charge you sales tax when using our Service, you agree that if we do not, you will pay any associated taxes, levies, or fees.

18. Representations and Warranties

OUR SITE, SOFTWARE AND SERVICE ARE OFFERED “AS-IS”, INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. YOU AGREE THAT WHILE USING OUR SOFTWARE OR SERVICE, YOUR RESULTS MAY VARY AND YOU MAY NOT ACHIEVE ANY DESIRED RESULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED. OUR SITE, SOFTWARE, OR SERVICE MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE REASONABLE SKILL AND CARE INVESTED IN OUR SERVICE, SATISFACTORY QUALITY OF OUR SERVICE, TIMELINESS, MERCHANTABILITY OF OUR SERVICE OR THAT OUR SERVICE IS NON-INFRINGING. FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE, SOFTWARE OR SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE SITE OR SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED, OR THAT THE SITE OR SERVICE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. AQUANETIX IS NOT OBLIGATED TO PROVIDE YOU ACCESS TO OUR SITE AND SERVICE.

19. Limitation of Liability

IN NO EVENT SHALL AQUANETIX LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SOFTWARE, SOFTWARE, WEBSITE OR OUR SERVICES ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SOFTWARE, SITE, OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SOFTWARE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY SOFTWARE ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL (VI) BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR DATA (VI) LOST SAVINGS, PROGRAMS, DATA, PROFITS OR REVENUE OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALLAPPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION .For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SOFTWARE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. EACH PARTY DISCLAIMS ALL LIABILITY FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN 100 UK POUNDS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, SOFTWARE, AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER. NOTHING IN THIS AGREEMENT LIMITS THE LIABILITY OF AQUANETIX AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ANY BREACH OF THE OBLIGATIONS IMPLIED BY SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982; OR (IV) ANY OTHER MATTER IN RESPECT OF WHICH IT IS NOT PERMISSIBLE BY LAW TO EXCLUDE OR LIMIT LIABILITY.

20. Class Action Waiver

You and Aquanetix agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

21. Indemnity

You agree to defend, indemnify and hold harmless Aquanetix Ltd, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

This defense and indemnification obligation will survive this Agreement and your use of the Aquanetix Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

22. Age Compliance

Aquanetix and its Services may only be used by persons 18 years and older. If you are under 18 please stop using our Site and Software and please do not submit any information to us.

23. Choice of Law

This Agreement shall be governed by the laws in force in England and Wales. The offer and acceptance of this contract is deemed to have occurred in England.

24. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court or tribunal of competent jurisdiction in or nearest to London, England UK.If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

25. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

26. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Aquanetix shall have the sole right to elect which provision remains in force.

27. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

28. Termination

We may terminate or suspend service, your account, or the Software without notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Although, your information may not be accessible we may keep such information for a reasonably commercial time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

29. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

30. Amendments and Third Parties

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified and we may email you if we believe it is necessary. For these reasons, we recommend that you look through this Agreement from time to time. You may refuse to agree to any amendments, but if you do, you must immediately cease using our website and our Service. This Agreement not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).

31. Contact

If you have any questions please contact us at support@aquanetix.co.uk or by post: Aquanetix, 22a Lena Gardens, London, UK W6 7PZ

32. Electronic Communications

The communications between you and Aquanetix use electronic means, whether you visit the Software, Site, or Service or send Aquanetix e-mails, or whether Aquanetix posts notices on the Software, Site, or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Aquanetix in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Aquanetix provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.



Last Modified: December 13, 2013