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Standard Terms & Conditions

Last updated 1 May 2023

1.    Introduction
Please read these Terms and Conditions ("Terms") carefully before using www.abilityaware.co.uk (the "Website") operated by Ability | Aware ("us", "we", or "our"). Your access to and use of the Website 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 Website.


By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Website.


2.    Intellectual Property
All content, including but not limited to, text, images, graphics, logos, videos, and software on the Website is the property of Ability | Aware or its content suppliers and is protected by copyright, trademark, and other applicable laws. Unauthorised use of the content may violate copyright, trademark, and other laws.


3.    User Conduct
You agree not to use the Website in any way that:
a. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

b. infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any party;

c. you do not have a right to transmit under any law or contractual or fiduciary relationships;

d. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

e. interferes with or disrupts the Website or servers or networks connected to the Website, or disobeys any requirements, procedures, policies, or regulations of networks connected to the Website;

f. intentionally or unintentionally violates any applicable local, national, or international law, regulation, or statute.


4.    Termination
We may terminate or suspend access to our Website immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


5.    Links to Other Websites
Our Website may contain links to third-party websites or services that are not owned or controlled by Ability | Aware. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Ability | Aware shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.


6.    GDPR Compliance
As a data controller, Ability | Aware is committed to protecting and respecting your privacy in compliance with the EU General Data Protection Regulation (GDPR). Our Privacy Policy explains how we collect, store, and use your personal data. By using our Website, you consent to the data practices described in our Privacy Policy.


7.    Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.


8.    Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Website.


9.    Limitation of Liability
In no event shall Ability | Aware, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:


a. your access to or use of, or inability to access or use, the Website;

b. any conduct or content of any third party on the Website;

c. any content obtained from the Website;

d. unauthorised access, use, or alteration of your transmissions or content;

e. any other matter relating to the Website, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.


10.    Indemnification
You agree to defend, indemnify, and hold harmless Ability | Aware, its directors, employees, partners, agents, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:


a. your use of and access to the Website;

b. your violation of any term of these Terms;

c. your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; or

d. any claim that your content caused damage to a third party.


This defense and indemnification obligation will survive these Terms and your use of the Website.


11.    Warranty Disclaimer
The Website is provided on an "AS IS" and "AS AVAILABLE" basis, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall Ability | Aware be liable for any claim, damages, or other liability, whether in an action of contract, tort or otherwise, arising from, out of, or in connection with the Website or the use or other dealings in the Website.


12.    Contact Us
If you have any questions about these Terms, please contact us at emil@abilityaware.co.uk

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