Terms and Conditions 7th March 2014
These terms and conditions ("the Terms and Conditions") apply to your use of the website under the domain name www.adlsmartcare.com ("the Site") and to any other correspondence that you may post to the Website or send via email in response to a request for information on the Site.
"We, Us, Our" and related expressions refer to ADL Smartcare Limited, a company incorporated in England with registration number 4456225, and with its registered address at Electric Works, Sheffield Digital Campus, Sheffield, S1 2BJ. 1.2 "You, Your" and related expressions refer to the user of the Site.
2. Use of Site
- You are only permitted to use the Site in accordance with these terms and conditions and for a lawful and proper purpose which include, obtaining information on the ADL Smartcare Limited services and products and viewing a demonstration of our systems.
You may not:
Unauthorised access may render you liable to prosecution under the Computer Misue Act 1990, copyright law etc.
- use the Site in any way which may infringe the rights of ADL Smartcare Ltd or any third party;
- post, transmit or disseminate any information on or via the Site which is obscene, defamatory or in any other way unlawful;
- obtain or attempt to obtain unauthorised access to the Site or do anything to interfere with the functionality of the Site;
- alter, deface or interfere with the Site in any way;
- attempt to copy, sell lease, rent, sublicense or grant any rights in any part of the Site;
- post any material which could be technically harmful to the Site.
- We reserve the right, to be exercised in Our sole discretion, at any time and without notice to terminate or restrict Your access to the Site or any component thereof.
3. Ownership of Intellectual Property
- The copyright of the Site in its text, designs, graphics, arrangement and compilation of data belongs to ADL Smartcare Limited and/or Our holding company or companies, subsidiaries, third party providers and distributors.
- The Site is protected by International Copyright treaties, Pending Patents and the European Database Directive.
- The trade marks, logos and service marks displayed on the Site (collectively, the "Trade Marks") include registered or unregistered trade marks belonging to ADL Smartcare Limited, Our affiliates, and various third parties.
- Nothing contained on The Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trade marks without the written permission of the owner of the trade marks.
- Neither the Site, nor any part of it may be reproduced, adapted, stored in a data storage or retrieval system or transmitted in any form or by any means without Our prior written permission, except as expressly permitted by law.
You are not permitted to:
- alter or modify the documents or graphics, designs, arrangement and compilation of data;
- delete text from graphics;
- use any logos or Trade Marks belonging to ADL Smartcare Ltd and/or Our holding company or companies, subsidiaries, third party providers and distributors.
- any information which is marked as belonging to a third party owner, may not be copied without the permission of the owner of the copyright.
- If you transmit or post any information on the Site, it will be considered non-confidential and non-proprietary (with the exception of personal data) and may be used freely by ADL Smartcare Limited for all commercial and non-commercial purposes.
4. Access and availability of the Website
- ADL Smartcare Limited will use all reasonable endeavours to ensure that the Site is available to users 24 hours a day, 7 days a week. However, We shall not be liable if for any reason the Site is unavailable for a period of time.
- ADL Smartcare Limited reserves the right to temporarily suspend the Site in the event of maintenance, repair or for any other reason, where it is considered necessary by Us.
5. Age and Responsibility
- You represent that You are of sufficient legal age and capacity to use the Site and to create binding legal obligations for any liability You may incur as a result of the use of the Site.
- You represent that all personal information submitted to Us during any member registration is correct.
- You are financially responsible for all uses of the Site by You and those using Your login information.
- If You have reason to believe at any time that Your password (where applicable) has been compromised, You undertake to notify us immediately.
- Use of Your personal information will in all cases be with Your consent and subject to any rights You may have as a Data Subject under the Data Protection Act 1998 as amended from time to time.
If you would like to make a data subject request under the Data Protection Act 1998; please contact the following:
The Data Controller,
ADL Smartcare Limited.
Sheffield Digital Campus,
- We may make a nominal charge for each data subject request.
7. Review of Transmissions
- You agree that if You submit suggestions, ideas, comments or questions or post any other information on the Site, You grant Us and Our affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. We take no responsibility and assume no liability for any content posted or submitted by You.
8. Exclusion of Warranties
- We use reasonable endeavours to ensure that the data supplied on the Site is accurate, and We rectify errors and omissions as soon as We become aware of them. To further reduce risk of error We only deal as far as possible with professionally assessed information. However We cannot and do not verify or endorse information submitted to Us by third parties and posted on The Site. Accordingly We disclaim all warranties and representations as to the accuracy of any such information posted on The Site. It is essential that you verify the suitability of any product, service or advice for your own situation.
- Your attention is drawn to the fact that when purchasing goods or services from a third party supplier through The Site (if and where applicable), You may be subject to further terms and conditions in respect of such goods or services purchased, which may be imposed by such third party supplier. Your acceptance of such terms and conditions is at Your own risk.
- Whilst We make every possible effort to ensure that Your use of The Site is trouble-free, We do not warrant that The Site will operate free from error, nor do We warrant that use of The Site will not result in damage to Your computer or Your computer becoming infected with a computer virus or other harmful components. You are therefore advised to take suitable precautions and to use Your own anti-virus software at all times.
9. Limitation of Liability
ADL Smartcare Limited and any other party involved in creating, producing, maintaining or delivering the Site, exclude all liability and responsibility for any loss or damage that may result to you or a third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort, contract or otherwise) which arises out of or is in any way connected with:
- any use of the Site or content found herein,
- any failure or delay (including, but not limited to the use of or inability to use any component of the Site for advice or service booking), or
- the performance or non-performance by Us or any third party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party.
- If, notwithstanding the foregoing, We should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Site or its content, Our liability shall in no event exceed, in the aggregate the cost incurred of the advice, product or service.
- ADL Smartcare Limited also excludes liability for the use or inability to use the Website or any materials on it, or any websites linked to the Website.
- The Site may contain links to other websites. ADL Smartcare Limited does not approve, endorse or check any third party websites and shall not be responsible for any information, materials, products or services provided on the third party website.
- If you access any third party website you do so entirely at your own risk.
11. Changes to the Website
- ADL Smartcare Limited may make improvements and changes to the Site, the information contained in the Site or any services provided by Us. We reserve the right to make such changes without notice and without liability to you. Your continued use of the Site constitutes acceptance of the changes.
- ADL Smartcare Limited may amend the Terms and Conditions at any time without notice and you should therefore check the Terms and Conditions regularly. Your continued use of the Website constitutes acceptance of the changes.
12. Disclaimer of Warranties
- The Site is provided "as is" without any representation or warranties (either express or implied), conditions or other terms of any kind. ADL Smartcare Limited exclude all liability for any loss or damage to the full extent permitted by law.
- We will endeavour to ensure the accuracy and completeness of the Site. We shall not however, be responsible for any errors, omissions or out of date information on the Site. The information provided by Us on the Site represents Our view on the particular issue. If you are placing reliance upon any information on the Site, you are strongly advised to seek your own legal advice.
- We shall not be responsible for any disruption of the Site or loss or corruption of any information whilst in transit or when downloaded onto any computer system.
- The Terms and Conditions may be varied by ADL Smartcare limited only.
- You may not assign or transfer any rights or obligations under the Terms and Conditions. We may assign or transfer any rights or obligations to any third party.
- Headings are inserted for your convenience and shall not affect the interpretation of the Terms and Conditions.
- If any part of the Terms and Conditions are found to be invalid, unenforceable or illegal, the other provisions shall remain in force.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms and Conditions
- Reference to any statute or statutory provisions includes a reference to the statute or statutory provision as from time to time amended, extended or re-enacted.
- The Terms and Conditions are governed by and construed in accordance with English law.
- ADL Smartcare Limited is a private limited company registered in England No 04456225.
- Any action You bring against Us pertaining to or in connection with this web site must be commenced and notified to Us in writing within one (1) year after the date the cause for action arose.
Version: This version of our terms and conditions of use was produced on 7th March 2014 at 14:52.