Terms and Conditions

Nexxt Drive Limited ("Company") provides information regarding the Company and its products and services, and all and any other such services as Company may feature on this website from time to time (the ?Website?) to you, subject to the following terms and conditions ("Terms"), which may be updated by Company from time to time without notice to you.  You should review the Terms periodically for changes.  By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms.  Please also review the Privacy Policy, which also governs your use of the Website.

1.                Product Descriptions

The Company shall use reasonable endeavours to be as accurate as possible when describing products on the Website; however, to the extent permitted by applicable law, the Company does not warrant that the product descriptions, dimensions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free.

2.                Samples

Any products and services, and any samples thereof, the Company may provide to you are for your use only.  You may not sell or re-sell any of the products or services, and any samples thereof, you receive from the Company.

3.                Submissions

The Company welcomes inquiries or feedback on the products featured on the Website, however it is the Company?s policy to decline unsolicited suggestions and ideas.  Notwithstanding the Company?s policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide to the Company ("Submissions") will be treated as non-proprietary and non-confidential.  Subject to the terms of the Privacy Policy, by transmitting or posting any Submission, you hereby grant the Company a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works.  You also acknowledge that your submission may not be returned and the Company may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.  If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam."  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.  You agree to indemnify us for all claims arising from your claims to any rights in any Submission.

4.          Intellectual Property Rights

4.1        You acknowledge that all information, data, text, software, music, graphics, video, messages, logos, button icons, images, audio clips, data compilations, and software and other materials ("Content"), whether publicly posted or privately transmitted through the Website, are the property of the Company or its affiliates, partners or licensors.  You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.  Except as expressly authorised by Company or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Content, in whole or in part.

4.2         The Company grants you a personal, non-transferable, revocable, and non-exclusive licence to access and make use of the Website.  You may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.  The limited licence set forth in this Section 4 does not include the right to: (i) modify or download the Website or its contents (except caching or as necessary to view content); (ii) make any use of the Website or its Content other than personal use; (iii) create any derivative work based upon either the Website or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or trade marks without our express written consent; or (vi) 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.  Any unauthorised use by you of the Website terminates the limited licence set forth in this Section 4 without prejudice to any other remedy provided by applicable law.

4.3        Company grants you a personal, non-transferable, revocable and non-exclusive licence to use the object code of its software on a single computer so far as it necessary for your viewing of the Website; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Website.  You agree not to access the Website by any means other than through the interface that is provided by Company for use in accessing the Website.

5.                Indemnity

You agree to indemnify and hold Company and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Submissions you submit, post to or transmit through the Website and/or your use of the Website.

6.                No Resale Of Website

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website.

7.                Termination

You agree that Company in its sole discretion, may terminate your use of the Website, and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms.  Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to the Website.  Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

8.                Dealings With Third Parties

Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant.  To the fullest extent permitted by applicable law, you agree that: (a) Company shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Website, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Website are subject to confirmation by, and the terms and conditions of business of, the relevant Merchant.

9.                Links

The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

10.             Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

10.1  YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL.

10.2           COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

10.3          ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

10.4          NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TERMS.

11.             Limitation Of Liability

11.1         YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

11.2          YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OF THESE Terms MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

11.3         NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF COMPANY.

12.             General Information

12.1      These Terms together with the Privacy Policy constitute the entire agreement between you and Company and govern your use of the Website, superseding any prior agreements between you and Company.

12.2      Any failure by Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

12.3       If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

12.4       A person who is not party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Act.

12.5      The section titles in the Terms are for convenience only and have no legal or contractual effect.

12.6      The Terms and the relationship between you and Company shall be governed by the laws of England. You and Company agree to submit to the exclusive jurisdiction of the English courts.

12.7       Please report any violations of the Terms to Company via post or e-mail at info@nexxtdrive.com