Simbus Ltd. Website Terms and Conditions
REVISION DATE: 2022-03-01 (MARCH 1, 2022)
SIMBUS LTD (HEREINAFTER “SIMBUS”, “WE”, OR “US”) WELCOMES YOU TO OUR ONLINE PRESENCE, OUR PRODUCTS, AND OUR SERVICES. WE THANK YOU FOR YOUR INTEREST IN OUR COMPANY AND OUR OFFERINGS.
The following are the terms and conditions (“Terms and Conditions”) of an agreement between you and Simbus. By accessing, or using https://simbus.com (“Website”), you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use the Website.
Simbus may, without notice to you, at any time, revise these Terms and Conditions and any other information contained in the Website. Simbus may also make improvements or changes in the products, services, or programs described in this site at any time without notice.
Visitors to the Website are bound by the following legal notices so please read these carefully before continuing onto other parts of the Website.
1 INTRODUCTION.
This Website contains proprietary notices and copyright information, the terms of which must be observed and followed. Please see our trademarks page.
Simbus grants you a non-exclusive, non-transferable, limited permission to access and display the web pages within this site as a customer or potential customer of Simbus provided you comply with these Terms and Conditions, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl the Website as permitted by this Website’s robots.txt protocol, and Simbus may block any crawlers at its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g. you may not sell the content you access on or through the Website). All other use of this site is prohibited.
Except for the limited permission in the preceding paragraph, Simbus does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from the Website on another website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
2 DISCLAIMER.
The Website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Website, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Website.
If any term in these Terms and Conditions is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of these Terms and Conditions will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under these Terms and Conditions.
3 CONFIDENTIAL INFORMATION.
Simbus does not want to receive confidential or proprietary information from you through our Website. Please note that any information or material sent to Simbus will be deemed NOT to be confidential. By sending Simbus any information or material, you grant Simbus an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Simbus is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:
we obtain your permission to use your name; or
we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or
we are required to do so by law.
Personally-identifiable information that you submit to Simbus for the purpose of receiving products or services will be handled in accordance with our Privacy Policy.
4 BUSINESS RELATIONSHIPS.
The Website may provide links or references to non-Simbus websites and resources. Simbus makes no representations, warranties, or other commitments or endorsements whatsoever about any non-Simbus websites or third-party resources that may be referenced, accessible from, or linked to the Website. In addition, Simbus is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Website. When you access a non-Simbus website, even one that may contain the Simbus logo, please understand that it is independent from Simbus, and that Simbus does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.
5 LINKING TO THIS WEBSITE.
Simbus consents only to links to the Website in which the link and the pages that are activated by the link do not:
create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this site;
misrepresent your relationship with Simbus;
imply that Simbus approves or endorses you, your website, or your service or product offerings; and
present false or misleading impressions about Simbus or otherwise damage the goodwill associated with the Simbus name or trademarks.
As a further condition to being permitted to link to this site, you agree that Simbus may at any time, in its sole discretion, terminate permission to link to the Website. In such event, you agree to immediately remove all links to this Website and to cease any related use of Simbus trademarks.
6 ACCEPTABLE USE.
You must not
use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website;
use our Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
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;
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;
use our Website to transmit or send unsolicited commercial communications.;
use our Website for any purposes related to marketing without our express written consent.
7 DATA PROTECTION.
Personal information provided to Simbus through this Website will only be used in accordance with our Privacy Policy. Please read this carefully before going on. By providing your personal information to us you are consenting to its use in accordance with our Privacy Policy.
8 CHANGES TO THESE TERMS AND CONDITIONS.
From time to time, Simbus may change these Terms and Conditions and legal notices set out above. By browsing this Website you are accepting that you are bound by the current Terms and Conditions and legal notices and so you should check these each time you revisit the Website.
9 COMPLAINTS PROCEDURE.
If you have a question or complaint regarding these Terms and Conditions then please contact us at web@simbus.com.
10 JURISDICTION.
These Terms and Conditions are governed by and must be interpreted in accordance with Scottish law. In the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website (whether in contract or tort or otherwise), the courts of Scotland will have non-exclusive jurisdiction over such dispute.
11 DISCLAIMER OF WARRANTY.
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. SIMBUS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, SIMBUS MAKES NO WARRANTY OR GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THE WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12 LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SIMBUS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR ANY USE OF THE WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SIMBUS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
