1. Introduction Use of this website (“Xalient.com”) and the services provided via it are conditional upon you accepting the following terms and conditions. Unless otherwise specified, your acceptance of the User Agreement (as defined below) shall be indicated by your use of and/or registration with xalient.com.
xalient.com is provided by Xalient Limited whose registered office is 3rd Floor 1 Ashley Road, Altrincham, Cheshire, WA14 2DT United Kingdom (“we”/”our”/”us”).
These terms and conditions and our Privacy Policy, (together the ‘User Agreement’) form our entire agreement with you in respect of non-chargeable use of xalient.com and supersede any prior agreement or arrangement with you in respect of xalient.com. If a company name is inserted in your registration request, then the User Agreement shall be between us and that company and accordingly unless the context otherwise requires, references to “you” and “your” in this User Agreement shall also be to that company. The purchase of goods and/or services from us is subject to additional terms and conditions of purchase. We may amend the User Agreement from time to time. Every time you wish to use Xalient.com, please check the User Agreement to ensure you understand the terms that apply at that time.
2. Availability of xalient.com We will endeavour to ensure that xalient.com is available 24 hours per day without any interruptions. However, we reserve the right to make xalient.com unavailable at any time or to restrict access to parts or all of xalient.com without notice. xalient.com is a general information service. We will endeavour not to make it misleading, but we cannot represent that the information accessible on or via xalient.com is accurate, not-misleading, complete or up to date.
3. Use of xalient.com is designed for your personal, non-commercial use and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, translate, publish, licence or sell xalient.com or any materials or information in xalient.com or the structure, overall style and program code of xalient.com without our consent. If you wish to make a request for consent, please contact hello@xalient.com.
4. Your Contributions You agree to only use xalient.com for lawful purposes and that any information that you provide in connection with, or which forms part of, xalient.com will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libellous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term. We cannot make any assurances about the information or contribution made by any other user and you should exercise caution before acting or otherwise relying upon any information you obtain via xalient.com.
5. Links xalient.com includes links to other internet sites. Without limiting what we say elsewhere, we make no representations or warranties about those sites or their content, nor that the links work. If you wish to link to xalient.com you may only do so at http://www.xalient.com. Details of our linking arrangements may be obtained from hello@xalient.com.
6. Data Protection It is your responsibility to ensure that that you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them, however we cannot make any assurances about any other user you may meet using xalient.com. We comply with all applicable Data Protection laws in the UK. For a description of how we use your personal data, please see our Privacy Policy.
7. Intellectual Property xalient.com, its style and structure, and the materials and information on xalient.com of xalient.com are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in this User Agreement. The authors of the documents in xalient.com assert their moral rights. xalient.com is a trade mark owned by Xalient Limited.
8. Our Liability Since a substantial part of xalient.com is both free and available to all, it is a condition that your use of xalient.com is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network. Except as expressly provided in this User Agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill. Save as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or xalient.com for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred. Our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or xalient.com shall be limited to £50. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of goods and/or services to you, which will be set out in any additional terms and conditions of purchase.
9. Small Print Either of us may terminate this User Agreement at any time. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent. If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement. This User Agreement is governed by English law and any dispute connected with this User Agreement is subject to the exclusive jurisdiction of the English courts. If you are a consumer nothing in this User Agreement affects your statutory rights.
10. Complaints If you believe that your intellectual property or other rights are being infringed by xalient.com, or if you are dissatisfied with xalient.com or any aspect of our service, in the first instance please contact hello@xalient.com.
