MX Reality Ltd Terms and Conditions
Last
updated: 12/03/2020
Please
read these Terms and Conditions ("Terms", "Terms and
Conditions", "Terms of Service") carefully before using the http://www.mxreality.co.uk website, or
any of our suite of products or services (including but not limited to mXassist, mXvision, mXlearn, mXremote) (the
"Service", the "Services") developed and operated by MX Reality
Ltd ("us", "we", or "our").
Your
access to and use of the Services is conditioned on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users and
others who access or use the Services.
By installing,
registering, accessing or using the Services you agree to be bound by these
Terms. If you disagree with any part of these Terms
then you may not access the Services in any way.
MX Reality
Ltd reserves the right to modify these Terms from time to time. Unless otherwise required by law, we will provide you at least 30 days'
notice of amendments to our Terms, which will give you the opportunity to
review the revised terms before continuing to use our Services. For more
details on this please see the Changes to our Terms and Conditions section
below.
Our Services
•
Age – You must be at least 16 years
old to use our Services or such greater age required in your country to
register for or use our Services.
•
Registration – Where required to register, you
must register or have been registered for our Services using accurate
information. If any of your registered details change, you must update them
immediately. You agree to receive notification (if necessary) from us or
third-party providers with codes to register or authenticate you to use our Services.
•
Devices and Software – You must provide certain
devices, software and data connections to use our Services, which we otherwise
do not supply. In order to use our Services, you consent to manually or
automatically download and install updates to our Services. You also consent to
our sending you notifications from time to time, as necessary to provide and
improve our Services to you.
•
Connecting You with Other People - We work with partners, service providers, and affiliated
companies to help us provide ways for you to connect with their services and communicate
with other users including through messages, voice and video calls, sending
images and video, showing your status, and sharing your location with others
when you choose. We use the information we receive from them to help operate,
provide, and improve our Services.
•
Improving Our Services - We analyse your use of our Services
(working with information we have, partners, service providers, and affiliated
companies) in order to improve all aspects of it, including helping businesses
who use our Services to measure the effectiveness of their services.
•
Enabling Global Access to Our Services - To operate our Services globally (where required), we need
to store and distribute content and information in data centres and systems
around the world, including outside your country of residence (where
applicable). This infrastructure may be owned or operated by our service
providers or affiliated companies.
•
Affiliated Companies – We are part of Enzen Group, and as such, we receive
information from, and share information with the Enzen
Group, which we use to help operate, provide, and improve our Services. Learn
more about the Enzen Group and their terms and
polices here.
•
Privacy & Security – Our services are built with strong privacy and security
principles in mind. You agree that your employer may have access to information
concerning your use of our Services including but not limited to efficiency,
activities, task completion durations.
•
Fees and Taxes – You are responsible for all carrier data plans, internet fees
and other fees and taxes associated with your use of our Services (if
applicable)
Acceptable Use of Our Services
• Our Terms and Policies – You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take necessary action with respect to your account(s), including disabling or suspending your account(s), and if we do, you must not create another account without our express permission to do so.
• Legal & Acceptable Use – You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of MX Reality Ltd, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes or unethical activity; (c) involve falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications or (f) involve any non-business use of our services unless otherwise authorised by us.
•
Harm To Us Or Our Users - You must not (or assist others to)
directly, indirectly, through automated or other means access, use, copy,
adapt, modify, prepare derivative works based upon, distribute, license,
sublicense, transfer, display, perform, or otherwise exploit our Services in
impermissible or unauthorized manners, or in ways that burden, impair, or harm
us, our Services, systems, our users, or others, including that you must not
directly or through automated means: (a) reverse engineer, alter, modify,
create derivative works from, decompile, or extract code from our Services; (b)
send, store, or transmit viruses or other harmful computer code through or onto
our Services; (c) gain or attempt to gain unauthorized access to our Services
or systems; (d) interfere with or disrupt the safety, security, or performance
of our Services; (e) create accounts for our Services through unauthorized or
automated means; (f) collect the information of or about our users in any
impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our
Services in an unauthorized manner; (h) distribute or make our Services
available over a network where they could be used by multiple devices at the
same time, except as authorized through tools we have expressly provided via
our Services; or (i) create software or APIs that
function substantially the same as our Services and offer them for use by third
parties in an unauthorized manner.
•
Keeping Your Account Secure -
You are responsible for keeping your device and your account(s) safe and
secure, and you must notify us promptly of any unauthorised use or security
breach of your account(s) or our Services.
Third-Party Services
• Our Services may allow you to access, use, or interact with third-party sites, apps, content, other products and services. The provisions of these Terms only apply to the use of our Services. Any third-party services may have their own terms and policies that will govern your use of them. Our Terms on acceptable use of the Services and indemnification are for the benefit of MX Reality Ltd, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to these Services. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Licenses
•
Your Rights – We do not claim ownership of and are not responsible for the
technical information, data and content (or its accuracy, correctness, completeness
or reliability) that is accessible through our Services. MX Reality Ltd
reserves the right to correct and update any information and content within its
Services at any time and without prior notice, and will not accept
responsibility or be liable for any costs, incidents, accidents or damage
directly or indirectly to person, equipment or property that arises as a result
of using our Services.
•
Our Rights – We own all copyrights, trademarks, domains, logos, trade
dress, trade secrets, patents, and other intellectual property rights
associated with our Services. You may not use our copyrights, trademarks,
domains, logos, trade dress, trade secrets, patents, or other intellectual
property rights unless you have our express written permission and except in
accordance with our Brand Guidelines. You may use the trademarks of our
affiliated companies only with their express written permission, including as
authorized in any published brand guidelines.
•
Your License to Us - In order to operate and provide our Services, you grant MX Reality
Ltd a worldwide, irrevocable, non-exclusive, royalty-free, sublicensable, perpetual
and transferable license to process, use, reproduce, distribute, transmit, create
derivative works of, display and perform the information (including the
content) that you upload, submit, store, send, or receive on or through our Services.
The rights you grant in this license are for the limited purpose of operating, providing,
marketing/promoting and improving our Services.
•
Our License to You - We grant you a limited, revocable, non-exclusive,
non-sublicensable, and non-transferable license to use our Services, subject to
and in accordance with our Terms. This license is for the sole purpose of
enabling you to use our Services in the manner permitted by our Terms. No other
licenses or rights are granted to you by implication or otherwise, except for
the licenses and rights expressly granted to you.
•
Reporting Third-Party Copyright,
Trademark, And Other Intellectual Property Infringement - To report claims of third-party copyright, trademark, or
other intellectual property infringement, please contact us at
info@mxreality.co.uk. We may take necessary action with respect to your account(s),
including disabling or suspending your account(s), if you infringe the
intellectual property rights of others.
Disclaimer
Limitation of Liability
•
In no event will MX Reality Ltd be
liable for (i) any incidental, consequential, or
indirect damages (including, but not limited to, damages for loss of profits,
business interruption, loss of programs or information, and the like) arising
out of the use of or inability to use our Services, or any information, or
transactions provided via our Services, or downloaded from the Services, or any
delay of such information or Service, even if MX Reality Ltd or its authorized
representatives have been advised of the possibility of such damages, or (ii)
any claim attributable to errors, omissions, or other inaccuracies in the Services
and/or materials or information downloaded / accessed through the Services.
•
MX Reality Ltd makes no
representations whatsoever about any other site or service which you may access
through our Services or which may link to our Services. When you access a non-MX
Reality web site or service, please understand that it is independent from MX Reality
Ltd, and that we have no control over the content, features or functionality provided
by that service. In addition, a link to an MX Reality Ltd web site or service does
not mean that we endorse or accept any responsibility for the content, or the
use, of such site or service.
Indemnification
•
You agree to indemnify, defend and
hold harmless MX Reality Ltd, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to its Services
from and against all losses, expenses, damages and costs, including reasonable
legal fees, resulting from any violation of these Terms (including negligent or
wrongful conduct) by you or any other person accessing the Services.
Dispute
Resolution
Availability and Termination of Our
Services
•
Availability - We may from time to time add or remove Services, features,
functionalities, and our support of certain devices and platforms. Our Services
may be occasionally interrupted, including for maintenance, repairs, upgrades,
or network or equipment failures. We may at any time discontinue some or all of our Services, including certain features and the
support for certain devices and platforms, but where possible, we will provide
a notice period of up to 30 days prior to doing so. Events beyond our control
may affect our Services, such as events in nature and other force majeure
events.
•
Termination - You can terminate your use of our Services at any time for
any reason by deleting your account(s). We may also modify, suspend, or
terminate your access to or use of our Services at anytime
for suspicious or unlawful conduct, including fraud, or if we reasonably
believe you have violated our Terms or created harm, risk, or possible legal
exposure for us, our users, or others. The following provisions will survive
any termination of your relationship with us: "Licenses,"
"Disclaimers," "Limitation of Liability,"
"Indemnification," "Dispute Resolution," "Availability
and Termination of our Services," "Other". Should your account
be terminated or suspended and you believe that this was done in error, please
contact us at info@mxreality.co.uk immediately.
Changes to these Terms & Conditions
•
We may amend or update these Terms
from time to time. Unless otherwise required by law, we will provide you at
least 30 days' notice of amendments to our Terms, which will give you the
opportunity to review the revised terms before continuing to use our Services.
We will also update the "Last Modified" date at the top of our Terms.
Changes to these Terms shall become effective no sooner than 30 days after we
provide notice of planned changes. Please note that we may not be able to
provide such notice for changes to these terms that are required to address
technical evolutions of our Services or for changes made for legal reasons,
both of which will become effective immediately. Your continued use of our Services
following the notice period of planned changes confirms your acceptance of our Terms,
as amended. We hope you will continue using our Services, but if you do not
agree to our Terms, as amended, you must stop using our Services by deleting
your account(s) immediately.
Other
•
These Terms shall be governed and
construed in accordance with the laws of the United Kingdom applicable to
agreements made and to be performed in the United Kingdom.
•
Unless a mutually executed
agreement between you and us states otherwise, our Terms make up the entire
agreement between you and us regarding us and our Services and supersede any
prior agreements.
•
We reserve the right to designate
in the future that some of our Services are governed by separate terms (where,
as applicable, you may separately consent).
•
Our Services are not intended for
distribution to or use in any country where such distribution or use would
violate local law or would subject us to any regulations in another country. We
reserve the right to limit our Services in any country.
•
Any amendment to or waiver of our Terms
requires our express consent. You have the right to terminate your relationship
with us at any time by deleting your account(s).
•
All of our rights and obligations
under our Terms are freely assignable by us to any of our affiliates or in
connection with a merger, acquisition, restructuring, or sale of assets, or by
operation of law or otherwise, and we may transfer your information to any of
our affiliates, successor entities, or new owner. In the event of such an
assignment, these Terms will continue to govern your relationship with such
third party. We hope you will continue using our Services, but if you do not
agree to such an assignment, you must stop using our Services by deleting your
account(s) immediately.
•
You will not transfer any of your
rights or obligations under our Terms to anyone else without our prior written
consent.
•
Nothing in our Terms will prevent
us from complying with the law.
•
Except as contemplated herein, our Terms
do not give any third-party beneficiary rights.
•
If we fail to enforce any of our Terms,
it will not be considered a waiver.
•
If any provision of these Terms is
found to be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from our Terms and shall not affect the
validity and enforceability of the remaining provisions of our Terms, and the
remaining portion of our Terms will remain in full force and effect.
•
We reserve all rights not expressly
granted by us to you. In certain jurisdictions, you may have legal rights as a
consumer, and our Terms are not intended to limit such consumer legal rights
that may not be waived by contract. Also, in certain jurisdictions, you may
have legal rights as a data subject, and our Terms are not intended to limit
such rights that may not be waived by contract.
•
We always appreciate your feedback
or other suggestions about our Services, but you understand that you have no
obligation to provide feedback or suggestions and that we may use your feedback
or suggestions without any obligation to compensate you for them.
•
Any rights not expressly granted
herein are reserved.
Purchases
You may be required to pay for some or all of
our Services, and this may be in a lump sum, in recurring instalments, or a
combination of the two. In any eventuality, and where relevant, you agree to
pay MX Reality Ltd in accordance with raised invoices within a 30-day period of
invoice issue. Any delay to payment may result in MX Reality Ltd revoking your
access to the Services and in extreme cases commencement of legal proceedings
by us at your expense.
Prices and availability of our Services are subject to change
without notice. Prices advertised are for orders placed and do not include VAT
or delivery costs unless expressly stated otherwise.
Contact Us
If you have any questions about these Terms, please contact us at
info@mxreality.co.uk.