General Terms & Conditions
1. Intellectual Property
All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Platforms (the "Content"), is either owned or licensed by Materra or Materra has received specific approval to use it, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
The "Materra" trademark as well as all other trademarks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Platforms, accessories or packaging, whether registered or not (the "Trademarks"), are and remain the exclusive property of Materra and/or its licensors/owners and are protected by applicable trademark laws and treaties around the world. All such rights are reserved.
All other intellectual property rights (including, without limitation, registered or unregistered trademarks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Platforms and/or services available on the Platforms and any other items connected to such services or the Platforms (the "Intellectual Property Rights") are and shall remain the exclusive property of Materra and/or its licensors/owners and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.
Subject to the terms herein, we grant you a revocable, and non-exclusive licence to access and make personal use of the Platforms limited such that it does not include the right to:
use the Platforms in any way which may prejudice or damage the reputation of Materra;
use the Platforms for any commercial or business purposes unless otherwise agreed with Materra or its affiliates or approved by Materra; or
use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Materra may terminate the limited licence as specified above at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.
2. Content
Materra endeavours to ensure that the information posted by it on the Platforms is accurate and complete. Materra does not, however, guarantee that the content or any other information available on the Platforms is accurate and/or error free, Materra does not promise that the functionality of the Platforms or content will be error free or that the Platforms, content or the servers that make such content available are free of viruses, malicious code or other components which are potentially harmful. Materra recommends that all users of the Internet ensure they have up to date virus checking software installed.
3. Exclusion of Warranties
We make no representation or warranty of any kind whatsoever. To the maximum extent permitted by applicable law, Materra disclaims and excludes all other terms, conditions and warranties in relation to the services whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
4. Limitations of Liability
We will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:
economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or
loss of goodwill or reputation; or
special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.
The aggregate liability under these Terms of Materra whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Services you have received from Materra.
In jurisdictions which restrict limitation clauses, the above limitations shall be applied to the greatest extent permitted by the relevant law in those jurisdictions. The above limitations do not, in any way, exclude any liability we have where it would be unlawful to do so.
5. Data Protection
By using our services or visiting our Platforms you agree and understand that we may collect, use, store and process your personal data in accordance with our privacy policy. Materra fully respects the privacy of individuals who access and use the Platforms. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our privacy policy and cookie policy which are incorporated into and form part of these Terms.
6. Assignment, Subcontracting, etc.
We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
7. Amendments to these Terms
We reserve the right to make changes to these Terms at any time. You, and any contract of services between us, will be subject to the version of these Terms in force at the time you entered into the contract with us.
8. Events Beyond Our Reasonable Control
We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
9. Severance
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
10. Governing Law And Jurisdiction
These Terms and all transactions relating to the Platforms are governed by English law and you, and we, hereby submit to the non-exclusive jurisdiction of the English courts. This does not affect your legal rights as a consumer in the country/region in which you are located.
11. Entire Agreement
Except otherwise agreed in the writing, these Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the Platforms and any services provided therein.
We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("Representations") of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Platforms, you accept that communication with us will be mainly electronic and in English language. We will contact you by e-mail or provide you with information by posting notices on the Platforms. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This section does not affect your statutory rights.
13. Notices
All notices given by you to us must be sent to:
Materra Ltd.,
Somerset House,
New Wing, Strand,
London,
WC2R 1LA
United Kingdom
or info@materra.tech.
We may give notice to you at either the e-mail or postal address you provide to us if provided by you. Notice will be deemed received and properly served immediately when posted on the Platforms, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Waiver
If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section 13 above.
15. Contracts (Rights Of Third Parties) Act 1999
The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms such that no third party may claim any rights under these Terms.
16. Website
You agree not to use our website if you are not able to form legally binding contracts (for example, if you are under 18);
Do not rely on information on the website. The content on the website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the website. Opinions expressed on our website are the personal opinions of the authors and do not reflect the views of Materra.
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We may not have control over the contents of those sites or resources. We may delete or modify any link on our website at any time and for any reason.
17. Other terms and policies that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our site:
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