TERMS OF USE

This World Wide Web site ("the Site") is operated by NIVOTEC, a company having its office at 20 Comber Road, Newtownards BT23 4RX, UK.

NIVOTEC's VAT Registration Number is 888 5846 42.

Your use of the Site is subject to the terms and conditions set out below. Please read them carefully before accessing any other pages in the Site. Your use of the Site is conditional upon your acceptance of these terms and conditions. If you do not agree to these terms and conditions, please leave the Site immediately, and do not visit or use the Site.

1. Intellectual Property and Confidentiality

1.1 The intellectual property rights (including, but not limited to, copyright and database rights) in the material, information and computer files comprising the Site, or found at the Site, from time to time ("the Materials") are owned by, or are licensed to, NIVOTEC. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions.

1.2 You may copy any Materials to the extent necessary to: (i) view the Site; and (ii) print parts of the Site, (in each case) using normal world wide web browsing software. Other than as set out in the previous sentence and in Clause 1.3 below you may not copy, store, modify, distribute, create derivative works from, reproduce, or use the Materials in any manner without the prior written consent of NIVOTEC.

1.3 Notwithstanding the foregoing NIVOTEC may from time to time give you the opportunity to download computer files from the Site including (without limitation) files containing or comprising images, screen-savers, product demonstrations, product descriptions and/or marketing materials (each a "Download"). Such Downloads are subject to these terms and conditions and any other terms and conditions you accept during the installation process of the Downloads. You may copy the Downloads to the extent necessary to store, execute, print and/or view them.

1.4 You may not remove any product identification, copyright notices or other notices from Materials and/or Downloads, or any copies of them which you make.

1.5 Any unauthorised downloading, use, copying, modification or distribution of the Materials and/or the Downloads may be in breach of statutory or common law rights which could be the subject of legal action.

1.6 The Site, the Materials and/or the Downloads may contain/display:
(i) trade marks that are not owned by NIVOTEC; and
(ii) devices/logos/characters that are protected by copyrights that are not owned by NIVOTEC (together "Third Party Marks"). Notwithstanding Clause 1.1 NIVOTEC does not make any claim of ownership in relation to any Third Party Marks. Use of a Third Party Mark in the Site, the Materials and/or the Downloads does not constitute endorsement by and/or of the relevant owner of such Third Party Mark.

1.7 All rights not expressly granted are reserved by NIVOTEC.

1.8 NIVOTEC discourages you from sending us any information that you consider to be confidential or proprietary through the Site. If you do send us any such information or material NIVOTEC will assume it is not confidential. By sending NIVOTEC information and/or material, you will be deemed to have granted NIVOTEC an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute that material and/or information.

2. Links

2.1 If you wish to provide a link to the Site this must be to the Site's homepage that is currently at www.nivotec.com. You are not permitted to link to any other page of the Site without NIVOTEC's prior written consent. You are not permitted to frame or page-jack any page of the Site without NIVOTEC's prior written consent. You are not permitted to use any web-bot, robot, spider, other automatic device to monitor or copy the Site or the content expressed of the Site without NIVOTEC' prior consent.


2.2 NIVOTEC may provide links from the Site to world wide web sites operated by third parties ("Third Party Sites"). Links to Third Party Sites are provided for your convenience only. NIVOTEC is not responsible for the management and control of Third Party Sites and does not necessarily endorse, support or recommend the views expressed in such Third Party Sites.

2.3 NIVOTEC is not responsible for the contents of other world wide web sites or pages which provide a link to the Site. NIVOTEC SHALL HAVE NO LIABILITY IN RESPECT OF SUCH OTHER WORLD WIDE WEB SITES OR PAGES.

3. Networking Room

3.1 Part of the Site may contain interactive sections such as deal rooms, chat rooms, networking rooms or bulletin boards (the "Interactive Sections"). Users of the Site may post and/or transmit data, text or other materials to these Interactive Sections (each a "Posting"). You shall be liable for any Postings you make to the Interactive Sections. NIVOTEC is not liable or responsible for, and does not control or pre-screen, such Postings. NIVOTEC does not monitor or exercise any editorial control over the Interactive Sections. However, NIVOTEC has the right (but not the obligation) in its sole discretion to alter, amend, remove and/or refuse to display any Postings. NIVOTEC is not responsible for and does not necessarily endorse, support or recommend the contents of Postings or the Interactive Sections. YOU SHOULD NOT RELY ON THE CONTENT OF ANY POSTINGS, AND ANY RELIANCE ON POSTINGS WILL BE AT YOUR OWN RISK.

3.2 You shall not:

(a) create any Posting that is, or could be, deemed to be obscene, defamatory, threatening, profane, indecent or degrading;
(b) create any Posting that contains information obtained or disclosed in breach of confidence or which is otherwise contrary to applicable law or regulation;
(c) create any Posting that infringes copyright, or any other rights of any third party, or which is otherwise unlawful;
(d) create any Posting that impersonates any person, company, group or entity or misrepresents a relationship to or with any of the same;
(e) create any Posting that is or could be deemed to be the provision of professional advice;
(f) create any Posting that contains any advertising or promotional material or any chain e-mails, "spam", junk mail, pyramid schemes and/or mail bombs;
(g) create any Posting that contains a virus or other harmful component;
(h) create any Posting that disguises the origin of such Posting;
(i) create any Posting that collects or stores any third parties' personal data;
(j) create any Posting that prevents or restricts the use of the Site, the Materials, the Downloads and/or the Interactive Sections by other users;
(k) stalk or harass any third party by means of the Interactive Sections; or
(l) attempt to disrupt or interfere with the Interactive Sections or any other part of the Site.

3.3 You hereby grant NIVOTEC a non-exclusive, perpetual, transferable, royalty free licence to use, display, reproduce, copy, transmit or amend your Postings. You hereby waive all rights, including (without limitation) any moral rights (in terms of Chapter IV of Part I of the Copyright, Designs and Patents Act 1988, or any analogous rights under any other jurisdiction) that you may have in such Postings.

3.4 If you have reason to believe that any Posting infringes these terms and conditions or is otherwise objectionable you will notify NIVOTEC immediately at info@nivotec.com.

3.5 NIVOTEC reserves the right to reveal the identity of anyone making a Posting to a third party where:
i) requested to do so by a Court of competent jurisdiction; or
ii) where in NIVOTEC's opinion that person has breached one or more of the provisions in Clause 3.2 above.

4. Accuracy of the Site and Liability Issues

4.1 NIVOTEC reserves the right at any time and without further notice, to change the Site, the Materials, the Downloads, and/or the terms and conditions which apply to the use of the Site.

4.2 This Site is intended for business users in the United Kingdom and the Republic of Ireland and is not applicable to non-business users and/or other jurisdictions. NIVOTEC EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL LIABILITY (OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY) RESULTING FROM ACCESS TO AND/OR USE OF THE SITE OR THE MATERIALS OR DOWNLOADS OR POSTINGS OR THIRD PARTY SITES (IN EACH CASE) BY INDIVIDUALS OTHER THAN IN THE COURSE OF THEIR BUSINESS. NIVOTEC EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL LIABILITY (OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY) RESULTING FROM ACCESS TO AND/OR USE OF THE SITE OR THE MATERIALS OR DOWNLOADS OR POSTINGS OR THIRD PARTY SITES (IN EACH CASE) FROM OUTWITH THE UNITED KINGDOM AND REPUBLIC OF IRELAND.

4.3 NIVOTEC DOES NOT WARRANT THAT THE OPERATION OF, AND ACCESS TO, THE SITE, THE MATERIALS, DOWNLOADS, POSTINGS AND/OR THIRD PARTY SITES SHALL BE ERROR FREE OR UNINTERRUPTED OR THAT ANY ERRORS IN RELATION TO THE SAME SHALL BE CORRECTED.

4.4 THE SITE, THE MATERIALS, THE POSTINGS AND/OR THE DOWNLOADS ARE PROVIDED ON AN "AS IS" BASIS AND NIVOTEC EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:-

4.4.1 ALL IMPLIED WARRANTIES, IMPLIED UNDERTAKINGS, IMPLIED REPRESENTATIONS, AND/OR IMPLIED CONDITIONS RELATING TO THE SITE, THE MATERIALS, DOWNLOADS, POSTINGS AND/OR THIRD PARTY SITES; AND

4.4.2 ALL LIABILITY (OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY) RESULTING FROM ACCESS AND/OR USE OF THE SITE, THE MATERIALS, DOWNLOADS, POSTINGS AND/OR THIRD PARTY SITES.

4.5 NO RELIANCE SHOULD BE MADE ON ANY OF THE STATEMENTS MADE WITHIN THE SITE (OTHER THAN THESE TERMS AND CONDITIONS AND NIVOTEC'S PRIVACY STATEMENT (AS SET OUT BELOW)), THE MATERIALS, DOWNLOADS, POSTINGS AND/OR THIRD PARTY SITES. NIVOTEC EXCLUDES TO THE FULLEST EXTENT PERMITTED BY LAW ALL LIABILITY (OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY) RESULTING FROM ANY SUCH RELIANCE.

4.6 NIVOTEC SHALL HAVE NO LIABILITY TO YOU FOR ANY INDIRECT LOSS, SPECIAL LOSS, INCIDENTIAL LOSS, CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF CUSTOMERS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF EMPLOYEES, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF REVENUE, LOSS RESULTING FROM A WORK STOPPAGE, AND/OR LOSSES FROM A FAILURE TO REALISE ANTICIPATED SAVINGS, (IN EACH CASE) TO THE EXTENT ARISING FROM YOUR ACCESS TO USE OF, OR YOUR INABILITY TO ACCESS AND/OR USE, THE SITE, THE MATERIALS, DOWNLOADS, POSTINGS AND/OR THIRD PARTY SITES.

5. Computer Viruses

5.1 NIVOTEC will use reasonable endeavours to ensure that the Site, the Materials and the Downloads do not contain or spread any viruses or other malicious code.

5.2 NIVOTEC EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL LIABILITY (OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY) IN CONNECTION WITH ANY DAMAGE OR LOSS CAUSED BY COMPUTER VIRUSES OR OTHER MALICIOUS CODE ORIGINATING, OR CONTRACTED, FROM THE SITE, THE MATERIALS, DOWNLOADS, POSTINGS AND/OR ANY THIRD PARTY SITES.

6. Privacy

6.1 NIVOTEC is committed to protecting your privacy. Accordingly, NIVOTEC shall process personal data that you submit to NIVOTEC through the Site in accordance with NIVOTEC'S Privacy Statement.

6.2 When you view the Site some information may be stored on your computer. This information will be in the form of a "cookie" or similar file and will help NIVOTEC improve your browsing experience. Cookies allow the Site or a related advertisement to be tailored to better match your interests and preferences. With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. If you do not wish the Site to record cookies on your computer then please configure your browser software accordingly. Please refer to your Internet browser instructions or help screen or learn more.

7. Indemnity

You hereby indemnify NIVOTEC on demand against all loss, damage, liability and/or expense (including, but not limited to reasonable legal costs and disbursements) incurred or suffered by NIVOTEC or any of its subsidiaries (where the term "subsidiary" has the meaning set out in the UK Companies Act 1985) to the extent arising from either: (i) your breach of these terms and conditions; (ii) any claim demand or action in relation to a Posting made by you; and/or (iii) your use of the Site and/or the Materials and/or the Downloads. The foregoing provisions of this Clause 7 shall not apply to the extent any such loss, damage, liability or expense arises as a result of NIVOTEC's breach of the terms of these terms and conditions.

8. Applicable Law

8.1 The Site originates from, and is maintained in, the United Kingdom. NIVOTEC makes no representations regarding the legality of access to or use of the Site and/or the Materials and/or the Downloads and/or the Postings from/in other countries. Any export or use of the Materials and/or the Downloads by you must be in compliance with all UK export laws and regulations in effect at the time of such export or use, and is limited as described above in Clause 1 (Intellectual Property and Confidentiality) of these Terms and Conditions.

8.2 IF YOU ARE ACCESSING THE SITE FROM OUTSIDE THE UNITED KINGDOM THEN YOU DO SO AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS OF THE COUNTRY FROM WHICH YOU ARE ACCESSING THE SITE.

8.3 These terms and conditions shall be governed by and construed in accordance with the laws of Scotland. Any disputes relating to your access to and use of the Site shall be determined by the Scottish courts.

9. Severability

If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason, such provision shall be ineffective to the extent of the courts finding without affecting the validity and enforceability of any remaining provisions.

If you have any questions concerning these terms and conditions please contact info@nivotec.com.