Terms of Use

[et_pb_section fb_built=”1″ _builder_version=”3.27.4″][et_pb_row _builder_version=”3.27.4″][et_pb_column _builder_version=”3.27.4″ type=”4_4″][et_pb_text _builder_version=”3.27.4″ hover_enabled=”0″ text_font=”Noto Sans||||||||”]

Website Policy

Terms of website use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website https://zymplify.com/ or any pages attached to our website sub-domain from time to time (our site), whether as a guest or a registered user. Use of our site includes use of any of the facilities and services related to our site, including accessing, browsing or registering to use our site.

Our site is generally intended to provide online access to free information about us and the products, services, and opportunities we provide.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

This is version one of our terms of use and acceptable use policy and was most recently updated on 31 January 2020. 

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, available at Zymplify.com/privacy-policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us, as well as the cookies that we use on our site. By using our site, you consent to such processing and use of such cookies, and you warrant that all data provided by you is accurate.
  • Our acceptable use policy, set out below which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this acceptable use policy.
  • Our EULA, available at Zymplify.com/EULA.pdf which applies to you as an individual where you (either directly or through the organisation you work with) are making use of any service provided by us, whether directly or through one of our distributions or resellers, and sets out additional terms to those outlined in these terms of use.
  • Our Customer Terms of Service, available at Zymplify.com/customer-terms.pdf which apply to the company or person paying for a subscription to the software based services we offer.

Information about us

Our site is operated by us, Zymplify Limited, a company incorporated in Northern Ireland under registered company number NI068866, with registered office address at 27-28 The Promenade, Portstewart, Northern Ireland, BT55 7AE (we, us, or our). Our VAT number is GB260155139

Changes to these terms of use AND acceptable use policy

We may revise these terms of use and acceptable use policy at any time by amending this page.  It is your obligation to check regularly if changes have been made. Use of our site after changes are posted on-line constitutes acceptance of any new terms.

Some of the provisions contained in either may also be superseded by provisions or notices published elsewhere on our site.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

 Accessing our site

Access to our site is made available free of charge, but we charge for subscription services to the software platforms that we provide through our site.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. 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.

Our site is directed to people residing worldwide but we may limit the availability of our site or any service or product described on our site to any person or geographic area at any time.

 Your account and password

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 support@zymplify.com. 

No reliance on information

The content on our site is provided for general information only (and is often contributed to by external parties). It is not intended to amount to advice on which you should rely. You should not rely on any material on our site to make (or refrain from making) any decision or take (or refrain from taking) any action.

Although we make reasonable efforts to update the information on our site which we provide (as opposed to our users and advertisers), we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date

Our site may contain information submitted and created by third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.

Limitation of our liability – your attention is particularly drawn to this section

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Northern Irish law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied, including as to the completeness or accuracy of the advice and information contained on our site or any associated website.

We will not be liable to any user 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.

If you are a business user, please note that 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.

If you are a consumer user, please note that we only provide our site for domestic and private use.

You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, 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 content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

You understand and acknowledge that in using our site, you may be exposed to content that is factually inaccurate, offensive, indecent, fraudulent or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to any such content.

You understand and agree that you are personally responsible for your behaviour on our site.

If you are a business user, or where otherwise permitted by relevant law in the jurisdiction in which you reside, you agree to indemnify, defend and hold harmless us, our parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use our site and the Content, or any violation by you of these terms of use and acceptable use policy.

Uploading content to our site

If any feature is offered now or in the future that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy set out below.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify and hold us harmless for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the paragraph – Rights you licence.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our acceptable use policy, which is set out below.

The views expressed by other users on our site do not represent our views or values. You are solely responsible for securing and backing up your content. 

Intellectual property rights and content

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may use our site, and the information, writings, images and/or other works that you see, hear or otherwise experience on our site (the content) solely for your non-commercial, personal purposes and/or to learn about our products and services, and solely in compliance with these terms of use and the acceptable use policy.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining consent or a licence to do so from us or our licensors.

If you print off, copy or download 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.

Except as specifically permitted on our site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or our site, in whole or in part, by any means.

Zymplify® and the Zymplify logo are trademarks and property of Zymplify Limited. You do not receive any right or license to use same. Any notifications of claimed copyright infringement on our site or services should be sent to info@zymplify.com.

Rights you licence

When you upload or post content to our site you grant us a non-exclusive, royalty free, freely licensable, transferable, worldwide, perpetual and irrevocable license to use all such content (inside or outside of its original context) for any purposes and on any media we see fit, and to all users of our site or third parties to do likewise, without prejudice to your statutory rights.

Any personal data you provide us will be processed in accordance with our Privacy and Cookies Policy.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. 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.

Linking to our site

You may link to our home page without our consent, 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.

If you wish to make any use of content on our site other than that set out above, please contact info@zymplify.com.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Northern Irish law. You and we both agree to that the courts of Northern Ireland will have, unless otherwise mandated by the mandatory provisions of law in the country in which you reside (in which case jurisdiction shall be non-exclusive), exclusive jurisdiction.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Northern Irish law. We both agree to the exclusive jurisdiction of the courts of Northern Ireland.

OTHER TERMS

  1. Entire Agreement/No Waiver. These terms of use and our acceptable use policy (including the applicable documents linked herein) constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  2. Correction of Errors and Inaccuracies. The Content may contain errors or inaccuracies and may not be complete or current. We therefor reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
  3. Enforcement. If any part of these terms of use or our acceptable use policy is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of same, all of which will remain in full force and effect.

Contact us

To contact us, please email info@zymplify.com. Thank you for visiting our site.

ACCEPTABLE USE POLICY

This acceptable use policy sets out the terms between you and us under which you may access our site. This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use, which are available above.

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

  • in violation of our terms of use or this acceptable use policy.
  • in any way that breaches any applicable local, national or international law or regulation.
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • for the purpose of harming or attempting to harm minors in any way.
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as below.
  • in any manner that damages, disables, overburdens, or impairs our site or servers or interferes with any other party’s use and enjoyment of our site.
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to:

  • Mirror or frame our site or any part of it on any other web site or web page.
  • Attempt to gain unauthorized access to our site.
  • Access our site by any means other than through the interface that is provided by us for use in accessing our site;
  • modify, create a derivative work from, reverse engineer or reverse assemble our site, or otherwise attempt to discover any source code, or allow any third party to do so;
  • reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use set out above.
  • use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access or attempt to access our site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
  • access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site or accessible though our site; or
  • any equipment or network or software owned or used by any third party.

Any unauthorized use of any Content or our site may violate patent, copyright, trademark, and other laws.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

 

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use set out above upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]

Scroll to Top