Website Terms of Use
These Terms of Use (“Terms”) apply to your use of the website (the “Site”) provided by Iceotope Technologies Limited (“Iceotope”) that are intended for use by businesses. The Site is for information purposes only, containing information, features and content related to the provision of services and products in the field of cooling technology for data centres (collectively, the “Services”).
1. Agreement. These Terms govern your access to and use of the Site. The Terms may be modified at any time by Iceotope by posting the modified Terms to the Site. Any such modifications shall be effective immediately upon posting unless some other effective date is expressly stated. You can view the most recent version of these Terms at any time at iceotope.com/terms-and-conditions. Your use of this Site shall constitute and be deemed your unconditional acceptance of these Terms. If you do not agree to these Terms, please immediately discontinue your use of the Site. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and that they comply with them.
2. Privacy. Your use of the Site is also governed by our Privacy Policy, which is hereby incorporated into these Terms. Please review our Privacy Policy at iceotope.com/privacy-policy. You agree that when you use the Site, we may collect personal data and Iceotope reserves the right, to collect, use and store any and all information provided by or collected from you in any manner consistent with our Privacy Policy. Your use of the Site signifies your acknowledgement of, and agreement to, our Privacy Policy.
3. Site Content. The Site is provided on an “as is” basis and may use internet services that are not under our direct control. While we make reasonable efforts to ensure that the information, material and content on the Site is correct, we do not make any representations, warranties or guarantees, whether express or implied, that the Site or its features will be accessible at all times or that it will function in an error-free manner. We reserve the right to cease operating the Site or any of its features at any time. We reserve the right to update and change the Site from time to time to reflect changes to our Products or Services without notice. The Services and the Site are in no way intended to recommend a particular product. You are solely responsible for evaluating the information obtained from the Site and for determining the product that is right for your business. You should obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content of the Site. You agree that you shall be solely responsible for your compliance with all laws and standards of professional practice applicable to you and your business in using the Site or the Services.
We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the Site, Services, and content for business and/or operational reasons to any person, geographic area or jurisdiction we so desire without notice.
4. Intellectual Property Rights. In these Terms, “Intellectual Property Rights” means patents, rights in inventions, copyright and neighbouring and related rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist now or in the future in any part of the world.
All Intellectual Property Rights in this Site including without limitation graphics, logos, trade marks, images, content and software is, and shall continue to be, the property of Iceotope or its licensors. You have no Intellectual Property Rights in, or to, the Site other than the right to use them in accordance with these Terms. Any copying, redistribution, downloading, posting, broadcasting, transmitting, use or publication by you of any such content or any part of the Site is strictly prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any Intellectual Property Rights or other interest in any content by or through your use of this Site.
5. Site Use. Iceotope grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to, nor attempt to:
(a) copy content from the Site, reverse engineer or hack into the Site, harvest materials from the Site, or use materials, products or services in violation of any law;
(b) infringe our Intellectual Property Rights or those of any third party in relation to your use of the Site;
(c) upload or transmit any material that is defamatory, offensive, threatening, abusive, amounts to an invasion of another’s privacy or is otherwise objectionable in relation to your use of the Site;
(d) collect or harvest any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site; or
(e) use the Site for any purpose except for the purposes set out in these Terms.
Your use of this Site is at the discretion of Iceotope who may terminate your access and use at any time.
6. Links to Other Sites. The Site may provide links to other websites. This Site’s Terms of Use or Privacy Policy do not apply to those other websites, which may have their own terms and policies. We are not responsible for and have not checked or approved their content. You will need to make your own independent judgement about whether to use any such independent sites and should review the terms of use and privacy policies of any other websites that you visit.
7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
8. Disclaimer. The information on the Site is provided on an "as is," "as available" basis. You agree that use of the Site is at your sole risk. Iceotope disclaims all warranties of any kind, whether express or implied, to the fullest extent permitted by law.
9. Limitation of Liability. Iceotope has taken every care in the preparation of the Site and the Services. However, Iceotope cannot be responsible, and is not liable, for any technical problems you may experience with the Site or any of the Services. To the fullest extent permitted by law, Iceotope excludes all liability (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) for any damage or loss which you or any third party may incur in connection with the Site, the Services and any website linked to the Site and any materials posted on it including (without limitation):
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
The total liability of Iceotope and its affiliates, agents, subcontractors, licensors, and suppliers, arising out of or in relation to the Site, the Services or these Terms (whether in contract, tort, negligence, breach of statutory duty or otherwise), in the aggregate for any and all claims arising out of or in relation to the Site, the Services or these Terms, shall not exceed £100.
Nothing in this paragraph 9 affects:
(a) Iceotope’s liability for death or personal injury arising from pout negligence or the negligence of our employees, agents or subcontractors;
(b) Iceotope’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter; or
(c) any other liability which cannot be excluded or limited under applicable law.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.
10. Indemnity. You agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the Site, the Services, or your violation of these Terms.
11. Applicable Law. The laws of England and Wales will govern these Terms and any dispute that may arise between you and Iceotope or its affiliates out of or in connection with these Terms. You agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any such dispute and/or claim.
12. Severability. Each paragraph in these Terms operates separately. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
13. Waiver. If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance.
14. Complete Agreement. These Terms constitute the entire and exclusive understanding and agreement between Iceotope and you regarding the Site, the Services and the Products and these Terms supersede and replace any and all prior oral or written understandings or agreements between Iceotope and you.
15. Relationship of the Parties. Each party is, and shall remain, an independent contractor and nothing contained in these Terms shall be construed to make either party a partner, joint venturer, employee or agent of the other party, and neither party shall hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.
16.Contact Information. Iceotope Technologies Limited, AMP Technology Centre, Brunel Way, Sheffield, South Yorkshire, England S60 5WG.
telephone: +44 1142 245500
email: info@iceotope.com