1.1. This website is owned and operated by Viewpoint Software for Business Limited. Further details about us are set out at section 12.
1.2. In these terms and conditions, “we”, “us”, “our” and “Viewpoint” refer to Viewpoint Software for Business Limited.
1.3. These terms and conditions shall govern your use of our website.
1.4. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
2. Personal data processing and cookies
3. Intellectual property rights
3.1. Our website and the materials on our website are copyright © [year(s) of first publication] Viewpoint Software for Business Limited.
3.2. Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3.3. “Viewpoint Software for Business”, our logos and our other registered and unregistered trade marks are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
3.4. The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
4. Licence to use website
4.1. You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2. Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
4.4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5. Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6. We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
5. Downloadable content
5.1. We may from time to time make available on the website downloadable content (such as newsletters, brochures, white papers and technical specifications).
5.2. In addition to the rights granted under Section 4.1 above, you may redistribute print and electronic copies of downloadable content within your business, organisation, company or group of companies, providing that copies of downloadable content must not be edited or amended in any way and must retain:
(a) the name of our business;
(b) any disclaimers, copyright notices and other legal notices; and
(c) any authorial credits.
6. Acceptable use
6.1. You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
6.2. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
7. Limited warranties
7.1. We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
7.2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
7.3. To the maximum extent permitted by applicable law and subject to Section 8.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
8. Limitations and exclusions of liability
8.1. Nothing in these terms and conditions will limit or exclude any liability for death or personal injury resulting from negligence or for fraud or fraudulent misrepresentation, limit any liabilities in any way that is not permitted under applicable law or exclude any liabilities that may not be excluded under applicable law.
8.2. The limitations and exclusions of liability set out in this Section 8 and elsewhere in these terms and conditions are subject to Section 8.1 and govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
8.3. To the extent that our website and the information, material and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
8.4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
8.5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill, any loss or corruption of any data, database or software or any special, indirect or consequential loss or damage.
8.6. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
9. Third party websites
9.1. Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
10.1. We may revise these terms and conditions from time to time.
10.2. The revised terms and conditions shall apply to the use of our website from the time of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
11.1. If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
11.2. If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
12. Law and jurisdiction
12.1. These terms and conditions shall be governed by and construed in accordance with the law of England and Wales.
12.2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
13. Our details
13.1. We are a private limited company incorporated in Hong Kong (registration number 2613425). Our registered office is at Suites 1601–1603, Kinwick Centre, 32 Hollywood Road, Central, Hong Kong.
13.2. You can contact us using the address above or any of the contact methods and details published on the ‘Contact us’ page of our website.