1. Terms & Conditions
1.1. This Agreement records the terms and conditions which apply to you as a person who uses Our Website. In order to assist you in understanding these terms and conditions, we have defined some of the words which have particular meanings below:
1.1.1. “this Agreement” means the terms and conditions recorded in this document;
1.1.2. “we”, “us”, “our” and “Elastacloud” means Elastacloud Limited, a company registered in the United Kingdom with registration number 07900393;
1.1.3. “Our Website” or “the Website” means www.elastacloud.com; and
1.1.4. “you” and/or “your” means you, a person who accesses Our Website or otherwise uses Our Website in any manner whatsoever.
1.2. If there are any words or terms and conditions which you have difficulty understanding, please contact us at firstname.lastname@example.org and we will contact and assist you. If you elect not to do this, we will assume that you have no trouble in understanding this Agreement.
2.1. By you accessing or using (in any manner whatsoever) Our Website you agree to and will be bound by this Agreement.
2.2. An electronic signature is not required by you or us for purposes of agreeing to the terms and conditions contained in this Agreement. You agree to the terms and conditions contained in this Agreement and will be bound by this Agreement simply by you accessing or using (in any manner whatsoever) Our Website.
2. Status of User Terms and Conditions
3.1. This Agreement will apply to you as a person who uses Our Website. The following additional terms, conditions and/or policies will also apply to you as a person who uses Our Website:
3.1.1. the Elastacloud Data Protection Policy.
3.2. In the event that there is a conflict between any of the provisions in this Agreement and any of the provisions in the policy referred to in paragraph 3.1.1 above, the provisions of this Agreement will prevail.
4. Your Use of Our Website
4.1. You may only use Our Website and any data contained on it in the manner recorded in this Agreement and for a reasonable and lawful purpose.
4.2. You must not:
4.2.1. other than for your own personal use, store on your computer, or print copies of extracts from Our Website, or copy, adapt, modify or re-use any data contained on Our Website;
4.2.2. modify, alter or exploit Our Website or any part of it;
4.2.3. use Our Website to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful; or
4.2.4. transfer or distribute to or via Our Website any material containing viruses or other destructive material.
4.3. We make no warranty or representation regarding the safety or suitability of Our Website for any purpose. You acknowledge and agree that your use of Our Website is entirely at your own risk.
5. Proprietary Information
5.1. By your using of Our Website you will not obtain any right, title or interest in or to any part of Our Website, or any data, logo, icon, image or software on Our Website or any intellectual property rights subsisting therein. We will at all times retain our right, title and/or interest in and to Our Website and all of its contents which we own or are otherwise entitled to use in terms of a licence or otherwise.
5.2. Where any of the content of Our Website belongs to any third party, your rights to use it will also be subject to the terms and conditions, if any, imposed upon you by that third party from time to time.
6. Restrictions on Access to Our Website
6.1. We cannot and do not guarantee that Our Website will be available and accessible to you at all times. The quality and availability of Our Website can be affected by factors outside of our control and Our Website may be temporarily inaccessible from time to time due to maintenance, upgrades and other factors.
6.2. We reserve the right to terminate you access to Our Website at any time and for any reason.
7. Links to Websites, Products or Services
Our Website may contain references or links to websites, products, or services provided by third parties. These references or links are not an endorsement, recommendation or affiliation to these websites, products or services and your use of them will be entirely at your risk.
8. Accuracy of Data
8.1. Whilst we take reasonable steps to ensure that the data on Our Website is accurately, we do not warrant that it is accurate and we will not be responsible for any loss, damage or inconvenience caused by the inaccuracy or incompleteness of any data which is contained on Our Website. You must use Our Website and any data on it entirely at your own risk.
8.2. We may update Our Website and the data contained on it from time to time and we will not be responsible for any reliance you may place on any data contained on Our Website.
We reserve the right to alter, amend or otherwise change the terms and conditions in this Agreement at any time. If we do alter, amend or otherwise change the terms and conditions in this Agreement we will bring any material changes to your attention by uploading a copy thereof to Our Website, but it is your responsibility to ensure that you keep up to date with the latest version of this Agreement on Our Website.
10.1. This Agreement will be interpreted and governed according to the laws of England and Wales, and any disputes arising from it or otherwise connected to it, will be governed by and will fall within the exclusive jurisdiction of the Courts of England and Wales.
10.2. If any term of this Agreement is found to be invalid or unenforceable, that term will be removed and the invalid or unenforceable term will not affect the validity of the remainder of this Agreement, which will remain effective.