These Terms of Use ("Terms") apply to your access and use of our websites and of any services, products and apps that you purchase or sign up for on our websites (collectively, the "Service(s)").
References to "Aperio Technologies", "we", "us" and "our" in these Terms are to Aperio Technologies Ltd, a company registered in England and Wales with company number 16345012, registered office at Acorn House, 33 Churchfield Road, London, England, W3 6AY, and contact email address [email protected].
Aperio Technologies is not licensed or authorised by any regulatory authority.
You agree to these Terms by clicking to accept these Terms, executing a document that references them, or using the Services.
We may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, for security or to prevent abuse or harm. The most current version will always be posted on our websites. If an amendment is material, we will notify you in advance by email and/or by posting a notice upon your login to your account so that you have a chance to review the changes. Except as otherwise specified by us, changes will be effective no sooner than the day they are publicly posted. Once our new terms are effective, if you continue to use the Services this will constitute your agreement to be bound by the updated terms. If you do not agree to any changes made to the terms for a Service, you should stop using that Service and you may close your account with us.
Where you purchase a Service from us, we agree to perform the Service, and you agree to pay the fees for the Service, in accordance with the description of the Service and the pricing and payment terms presented to you for that Service at the time of your purchase. Fees paid by you are non-refundable, unless expressly provided for in the description of the relevant Service or in these Terms, or required by law.
If you elect to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify us of any changes to such information.
If we have issued you with an account in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not we, are responsible for any activity occurring in your account (other than activity that we are directly responsible for which is not performed in accordance with your instructions), whether or not you authorised that activity. If you become aware of any unauthorised access to your account, you should notify us immediately. Accounts may not be shared and may only be used by one individual per account.
You must keep your personal details associated with your account, including (but not limited to) email address, postal address, phone number and payment details, current and accurate. You warrant the accuracy of the personal details associated with your account.
In the course of using the Services, you may provide us with your Personal Data and the Personal Data of others. "Personal Data" means information relating to a living individual who is, or can be, reasonably identified from the information, either alone or in conjunction with other information.
We know that by giving us such Personal Data, you are trusting us to treat it appropriately. Our Privacy Policy details how we treat such Personal Data and we agree to adhere to it. You in turn agree that we may use and share such Personal Data in accordance with our Privacy Policy and applicable data protection legislation. When you provide us with Personal Data of other individuals, you agree that you (and not we) are responsible for notifying those individuals about our Privacy Policy.
Where you or we receive confidential, secret or sensitive information ("Confidential Information") belonging to the other in the course of using or providing the Services, you and we agree not to use or disclose that Confidential Information except in the course of using or providing the Services or with the other's prior written consent. This obligation does not apply to any Confidential Information that is or becomes public (other than through breach of these Terms).
Where you are a corporate entity, the fact that you are our customer shall not constitute Confidential Information. We may identify you (where you are a corporate entity) by name and logo as our customer on our websites and on other promotional materials, and any goodwill arising from the use of your name and logo will inure to your benefit.
You must not misuse our websites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful ("Computer Damage"). You must not attempt to gain unauthorised access to our websites, the server(s) on which they are stored or any server, computer or database connected to our websites. You must not attack our websites via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them.
You must not use any data mining, robots or similar data-gathering or -extraction programmes or methods, whether automated or manual, to access, acquire, copy or monitor any portion of any of our websites or their respective contents.
You must not frame, link or deep-link our websites to any other website without our prior written consent.
While we use reasonable endeavours to protect our websites from Computer Damage, we do not warrant that our websites are free from such Computer Damage and accept no liability for any damage that may result from the transmission of any Computer Damage via our websites or via any files which are available for you to download from our websites.
External websites linked to in our websites are linked for information purposes only and have not been reviewed by us. We accept no responsibility for the content of such external websites, nor do we accept responsibility for any losses or penalties incurred as a result of your use of any links to, or reliance on the content of, any such external website.
We do not endorse and are not responsible for the content of external websites that contain links to our websites.
Access to our websites is permitted on a temporary basis and we reserve the right to withdraw or amend any of our websites at any time without notice.
Neither these Terms nor your use of the Services grants you ownership in the Services or in any of our content that you access through the Services. These Terms do not grant you any right to use our trademarks or other brand elements.
If you submit any feedback or suggestions to us regarding our Services, we may use and share them for any purpose without any compensation or obligation to you.
Where you purchase a Service from us, your rights to terminate and cancel that Service are as set out in the description of the Service.
We reserve the right to terminate a Service if: (a) you have materially breached these Terms and failed to cure that breach within 14 days after we have so notified you in writing; (b) you become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; (c) you fail to pay fees for 14 days past the due date; (d) we reasonably suspect that you have committed illegal activity or other misconduct; or (e) we are required to do so to comply with applicable law.
If we terminate a Service, depending upon the reason, we will, where possible, endeavour to give you advance notice and an opportunity to retrieve any content to which you are entitled. However, there may be time-sensitive situations where we decide that we need to terminate a Service immediately without notice.
Once a Service has been terminated, (a) we may close your account and delete any information and content associated with it, except as set out in our Privacy Policy or where required by law, and (b) fees paid by you will not be refunded, except as provided in these Terms or where required by law.
Termination of a Service (a) shall not prejudice your or our rights and remedies which may have accrued up until such termination, and (b) shall not affect the coming into force or the continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, APERIO TECHNOLOGIES AND ITS OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF APERIO TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF APERIO TECHNOLOGIES AND ITS OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH A SERVICE WILL NOT EXCEED THE TOTAL CONTRACT VALUE OF THAT SERVICE.
Notices. Notices given under these Terms must be in writing. To be valid, notices that you give to us must be delivered to [email protected], and notices that we give to you must be delivered to the email address associated with your account or (if you have not been issued an account) such other email address(es) as we may reasonably associate with you.
Force majeure. Neither party shall be liable for failure or delay (excluding payment obligations, which may be delayed but not excused) caused by an event beyond its reasonable control, such as a natural disaster, pandemic, power failure or government action or regulation that makes performance impossible or illegal. A party affected by such an event must notify the other party within 7 days and take reasonable steps to mitigate impact.
No assignment. You may not assign these Terms without our prior written consent, which may be withheld at our sole discretion. We may assign these Terms at any time without notice to you.
Entire agreement. These Terms constitute the entire agreement between you and us with respect to the matters covered in it, and they supersede any other prior or contemporaneous agreements, terms and conditions, whether written or oral, concerning such matters.
No modification. No change or modification of these Terms shall be valid unless agreed in writing by both you and us.
Independent contractors. The relationship between you and Aperio Technologies is that of independent contractors, and not legal partners, employees, or agents of each other.
No waiver. A party's failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will remain in full effect.
No rights of third parties. There are no third-party beneficiaries to these Terms.
No advice. Nothing in these Terms or in any Service constitutes legal, tax, financial or accounting advice.
Frauds and scams. Please be aware that in order to perpetrate a fraud or scam, criminals may pose as someone from us. Often these frauds or scams are carried out by fake emails suggesting you may receive a financial benefit. The emails often also contain links to supposedly relevant websites. To be effective the fraud or scam requires you to enter into communication with the fraudster, either by responding to the email or clicking the attached link. If you receive an email of this nature do not correspond with the sender: it is highly unlikely that it originated from us. If you are advised by someone whom you don't recognise that we have changed our banking details, or are asked unexpectedly for money or your bank details, please contact us immediately at [email protected]. We report potentially criminal activity of this kind to the Metropolitan Police and the National Crime Agency.
Anti-bribery. Our Anti-Bribery Policy prohibits Aperio Technologies and its officers, employees, agents, suppliers and licensors from making, offering or promising to make a payment or transfer of anything of value including the provision of any service, gift or entertainment for any improper purpose or business advantage. Our Anti-Bribery Policy applies to dealings with all third parties on our behalf, and specifically prohibits such dealings with government personnel and other officials for the purpose of improperly obtaining or retaining business or for any other improper purpose or business advantage.
Disputes. Any disputes about these Terms shall first be resolved through mediation. If unresolved, disputes shall be referred to arbitration in London under the Arbitration Act 1996. These Terms are governed by the laws of England and Wales.