Minerva – Terms and Conditions 22/01/20
BACKGROUND:
This agreement applies as between you, the User of this Application and Selene Systems LTD, the owner(s) of this Application. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Application. If you do not agree to be bound by these terms and conditions, you should stop using the Application immediately.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
| “Content” | means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Application; |
| “Selene Systems LTD” | means Selene Systems LTD : 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ; |
| “Service” | means collectively any online facilities, tools, services or information that Selene Systems LTD makes available through the application either now or in the future; |
| “System” | means any online communications infrastructure that Selene Systems LTD makes available through the Application either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
| “User” / “Users” | means any third party that accesses the Application and is not employed by Selene Systems LTD and acting in the course of their employment; |
| “Application” | means the project management Application “Minerva” that you are currently using or planning to use. |
2. Intellectual Property
2.1 All Content included in the Application, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Selene Systems LTD, our affiliates or other relevant third parties. By continuing to use the Application you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Application unless otherwise indicated on the Application or unless given express written permission to do so by Selene Systems LTD.
2.3 Material from the Application may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
3. Links to Other Web Sites
This Application may contain links to Web Sites. Unless expressly stated, these sites are not under the control of Selene Systems LTD or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
4. Links to this Application
Those wishing to place a link to this Application on other sites may do so to the Google Play Store Listing of the Application.
5. Privacy
5.1 For the purposes of applicable data protection legislation, Selene Systems LTD will process any personal data you have provided to it in accordance Privacy Policy available on the Selene Systems LTD website, within the Minerva Application or on request from Selene Systems LTD.
5.2 You agree that, if you have provided Selene Systems LTD with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Selene Systems LTD and (2) that you have brought to the attention of any such third party the Privacy Notice available on Selene Systems LTD’s website, within the Minerva Application or otherwise provided a copy of it to the third party. You agree to indemnify Selene Systems LTD in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
6. Disclaimers
6.1 Selene Systems LTD makes no warranty or representation that the Application will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
6.2 No part of this Application is intended to constitute advice and the Content of this Application should not be relied upon when making any decisions or taking any action of any kind.
7. Availability of the Application
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Selene Systems LTD accepts no liability for any disruption or non-availability of the Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
8. Limitation of Liability
8.1 To the maximum extent permitted by law, Selene Systems LTD accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Application or any information contained therein. Users should be aware that they use the Application and its Content at their own risk.
8.2 Nothing in these terms and conditions excludes or restricts Selene Systems LTD’s liability for death or personal injury resulting from any negligence or fraud on the part of Selene Systems LTD .
8.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
9. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
10. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
11. Notices
All notices / communications shall be given to us by email to (dpm@selenesystems.co.uk). Such notice will be deemed received on the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
12. Law and Jurisdiction
These terms and conditions and the relationship between you and Selene Systems LTD shall be governed by and construed in accordance with the Law of England and Wales and Selene Systems LTD and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.