EXCLAIMER WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. IMPORTANT: THIS WEBSITE IS FOR THE USE OF BUSINESSES ONLY. WE SUPPLY GOODS AND SERVICES TO BUSINESSES ONLY.

IF YOU ARE USING THIS SITE ON BEHALF OF A BUSINESS, COMPANY, ORGANISATION OR OTHER LEGAL ENTITY:

  1. YOU WARRANT AND REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH BUSINESS, COMPANY, ORGANISATION OR ENTITY TO THESE WEBSITE TERMS OF USE, AND
  2. THE PHRASES “YOU” AND “YOUR” SHALL REFER TO SUCH BUSINESS, COMPANY, AND ORGANISATION OR ENTITY, AS WELL AS YOURSELF.

  • WHAT'S IN THESE TERMS?

    These terms tell you the rules for using our website https://www.exclaimer.com ("Site").

  • WHO WE ARE AND HOW TO CONTACT US

    https://www.exclaimer.com/ is a Site operated by EXCLAIMER LIMITED (“we”, “us”, “our” or “Exclaimer”). We are registered in England and Wales under company number 04938619 and have our registered office and main trading address is 3rd Floor, 250 Fowler Avenue, Farnborough, Hampshire, GU14 7JP. Our VAT number is GB 258283380.

    To contact us, please email [email protected] or telephone our customer service line on +44 1252 531 422 or you can write to us at the above address.

  • TRADING HOURS

    Our UK office hours are 09:00 – 17:30 time and the office is open every day other than a Saturday, Sunday, bank or public holiday in England.

  • BY USING OUR SITE YOU ACCEPT THESE TERMS

    By using our Site, you accept and agree to comply with these terms of use and any updated or amended terms of use published on our Site. As long as you comply with these terms of use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. We reserve the right to terminate your use of the Site at any time.

  • THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

    Other terms may apply to you:

    If you trial or license one or more of our solutions, our End User Trial or full License Agreement Terms and Conditions for the relevant product will apply – see https://www.exclaimer.com/company/legal/eula. When you start the trial or start using the product, you will need to accept those terms in order to continue.

    Our Privacy Policy at https://www.exclaimer.com/company/privacy-policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that any data provided by you is accurate.

    Our GDPR compliance statement at https://www.exclaimer.com/company/gdpr sets out what Exclaimer Limited have done to ensure we are compliant with the UK and EU GDPR legislation.

    Our Cookie Policy at https://www.exclaimer.com/company/cookie-policy sets out information about the cookies on our Site.

    Each of these policies or terms may be changed from time to time and are effective immediately upon posting such changes on the Site.

  • WE MAY MAKE CHANGES TO THESE TERMS

    We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time. Your continued use of the Site is your acceptance of the terms published at that time.

  • WE MAY MAKE CHANGES TO OUR SITE

    We may update and change our Site from time to time to reflect changes to our products and services, our users' needs and our business priorities or for any other reason.

  • WE MAY SUSPEND OR WITHDRAW OUR SITE

    Our Site is made available free of charge.

    We do not guarantee that our Site, or any Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.

    You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

  • YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

    If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

    We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

    If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

  • HOW YOU MAY USE OUR SITE

    All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by us, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

    Except as expressly provided in these terms of use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

    You may use information on our products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by us for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

    You must not copy, adapt, modify, or amend in any way any of the Content of our Site and you must not copy any illustrations, photography, video or audio sequences or any graphics from our Site.

    Where we consent to the use of our Site for additional purposes our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

    If you print off, copy, use, download, adapt, or modify any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

    You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.

    You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Exclaimer server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

    You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Exclaimer, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

    You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Exclaimer’s systems or networks, or any systems or networks connected to the Site or to Exclaimer.

    You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

    You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

    You may not use the Site or any Content for any purpose that is unlawful or prohibited by these terms of use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Exclaimer or others.

    You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United Kingdom of Great Britain export laws and regulations.

  • DO NOT RELY ON INFORMATION ON THIS SITE

    All and any information about the products on this Site is provided by Exclaimer Limited in good faith. The content on our Site 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 our Site. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

  • WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

    Where our Site 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 have no control over the contents of those Sites or resources.

  • EMAILS

    When you use this Site we may communicate with you by email if you consent to such communication.

    Our emails (including any attachments to them) may contain information that is confidential or legally privileged and intended only to be seen by a particular person or persons.

    If you know that you are not the intended recipient of an email or it is reasonably obvious that you are not the intended recipient, please note that any onward disclosure, copying, distribution or any use made of it (and any attachments) is prohibited and may be unlawful.

    If you are not the intended recipient of an email or attachment please notify the sender immediately and then delete the original email received and any attachment without making any copies or using the same in any other way.

  • YOU SHOULD ALWAYS CARRY OUT YOUR OWN VIRUS CHECK BEFORE OPENING ANY ATTACHMENT

    Emails and any files attached to them have been checked with virus detection software before transmission from Exclaimer. However, Exclaimer Limited accepts no liability for any loss or damage which may be caused by viruses or other pernicious code or third party action.

  • OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

    General

    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

    Exclusions and limitations:

    We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.

    We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    use of, or inability to use, our Site; or

    use of or reliance on any content displayed on our Site.

    In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

    This Site is for business uses only and not for private or individual use and we will have no liability (including under tort and for negligence) to any users of our Site who are using it for private or personal use. Our liability in respect of anything not covered above is limited to £10.

  • HOW WE MAY USE YOUR PERSONAL INFORMATION

    We will only use your personal information as set out in our privacy policy at https://www.exclaimer.com/company/privacy-policy

  • RULES ABOUT LINKING TO OUR SITE

    You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

    You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    You must not establish a link to our Site in any website that is not owned by you.

    Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.

    We reserve the right to withdraw linking permission without notice.

    you wish to link to or make any use of content on our Site other than that set out above, please contact [email protected]

  • VIRUSES, HACKING AND OTHER OFFENCES

    You must not misuse our site by knowingly transmitting, sending, uploading or introducing any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or designed to adversely affect the operation of any software or hardware.

    You must not attempt to gain unauthorised access to our Site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

    In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

  • WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?

    These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

  • OUR TRADE MARKS ARE REGISTERED

    Exclaimer is the trademark of EXCLAIMER LTD. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under.

  • CUSTOMER SATISFACTION

    Customer satisfaction is our number one priority. If you have a suggestion as to how we can improve our service to you or if you are dissatisfied about our service or any goods or services that you bought from us then please contact us immediately on +44 1252 531 422 or by email [email protected]