Introduction
These Terms of Use apply solely to your use of this website.Use of LeadByte’s software platform and services is governed by separate contractual terms agreed between LeadByte and its customers, including applicable Terms of Service, Service Level Agreements and Order Forms (the “Customer Agreements”). In the event of any conflict between these Terms of Use or any information on this website and any Customer Agreement, the Customer Agreement shall prevail.
Background
These Terms of Use apply between you, the user of this website (the “User”), and LeadByte Limited, the owner of this website. By using this website, you agree to be bound by these Terms of Use. If you do not agree, you must stop using the website immediately.
1. Definitions and Interpretation
In these Terms of Use, 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 Website;
“LeadByte” means LeadByte Limited, Workspace 62, Northgate Street, Chester CH1 2HT ;
“Services” means any information, content or functionality made available through this Website only, and does not include LeadByte’s software platform or services provided under separate customer agreements;
“User” or “Users” means any third party that accesses the Website and is not employed by LeadByte and acting in the course of their employment; and
“Website” means www.leadbyte.co.uk and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 All Content included on this Website, including but not limited to text, graphics, logos, icons, images, audio and video clips, data compilations, page layout, underlying code and software, is the property of LeadByte Limited or its licensors and is protected by applicable United Kingdom and international intellectual property laws.
2.2 You may not reproduce, copy, distribute, store or otherwise re-use any Content from this Website unless expressly permitted by LeadByte in writing or where such use is permitted by law.
2.3 Nothing in these Terms of Use limits any rights you may have under applicable copyright or other intellectual property laws.
3. Links to Other Websites
This Website may contain links to third-party websites. Unless expressly stated, such websites are not under the control of LeadByte. LeadByte accepts no responsibility for the content of any third-party websites and disclaims all liability for any loss or damage that may arise from your use of them. The inclusion of any link does not imply any endorsement or approval of the linked website or its operators.
4. Links to this Website
You may link to this Website provided that such linking:
(a) is fair and legal;
(b) does not damage or take advantage of LeadByte’s reputation; and
(c) does not suggest any form of association, approval or endorsement by LeadByte where none exists.
LeadByte reserves the right to request the removal of any link to this Website at its discretion.
5. Privacy
Your use of this Website is also subject to our Privacy Policy, which is incorporated into these Terms of Use by reference. In the event of any conflict between this Privacy Policy and any Customer Agreement, the Customer Agreement shall prevail in respect of data processed in connection with the services.
6. Disclaimers
6.1 To the fullest extent permitted by law, LeadByte makes no warranties, representations or guarantees that this Website will meet your requirements, be of satisfactory quality, be fit for a particular purpose, be compatible with all systems, be secure, or that any content provided will be accurate, complete or up to date.
6.2 Nothing on this Website constitutes advice of any kind and should not be relied upon when making decisions or taking any action.
6.3 While LeadByte takes reasonable steps to ensure that the Website is secure and free from errors, viruses and other harmful components, we do not guarantee that it will be free from such issues. You are responsible for implementing appropriate security measures and protections for your devices, systems and data.
7. Availability of the Website and Modifications
7.1 This Website is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, LeadByte makes no warranties or representations that the Website will be free from defects or faults, or that any content will be accurate, complete or up to date.
7.2 To the fullest extent permitted by law, LeadByte shall not be liable for any disruption or non-availability of the Website resulting from external causes including, but not limited to, internet service provider failure, hosting failure, communications network failure, power outages, natural events, acts of war, or legal restrictions.
7.3 LeadByte reserves the right to modify, suspend or discontinue any part of the Website at any time without notice. These Terms of Use shall continue to apply to any modified version of the Website unless expressly stated otherwise.
8. Limitation of Liability
8.1 To the fullest extent permitted by law, LeadByte shall not be liable for any indirect, consequential, special or incidental loss or damage arising out of or in connection with the use of this Website or any content on it.
8.2 To the fullest extent permitted by law, LeadByte shall not be liable for any loss or damage arising out of or in connection with your use of this Website, except to the extent that such liability cannot be excluded under applicable law.
8.3 Nothing in these Terms of Use excludes or limits LeadByte’s liability for:(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be excluded or limited under applicable law.
8.4 You acknowledge that your use of this Website is at your own risk.
9. Severability
If any provision of these Terms of Use is found to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the remaining provisions shall continue in full force and effect.
10. No Waiver
If LeadByte does not exercise or enforce any right or provision of these Terms of Use, this shall not constitute a waiver of such right or provision.
11. Third Party Rights
These Terms of Use apply only between you and LeadByte. No third party has any right to enforce any part of these Terms.
12. Communications
12.1 Any notices or communications to LeadByte must be sent either:
(a) by post to our registered office address; or
(b) by email to an address expressly designated by LeadByte for such purpose.
12.2 A notice shall only be deemed received by LeadByte when it has been actually received and acknowledged by LeadByte.
12.3 LeadByte shall not be deemed to have received or accepted any notice, communication, or instruction sent by email unless and until it has been expressly acknowledged by an authorised representative of LeadByte.
12.4 LeadByte shall not be responsible for any failure, delay, or non-receipt of communications sent by email or other electronic means.
12.5 LeadByte may from time to time send you information about our products and/or services. If you do not wish to receive such information, you can unsubscribe anytime.
13. Law and Jurisdiction
These Terms of Use and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. You and LeadByte agree to submit to the exclusive jurisdiction of the courts of England and Wales.
