C19-YRS Terms and Conditions
Last reviewed: 31st October 2024
1. Introduction
Welcome to the digital C19-YRS (the “System”). This system is published by or on behalf of ELAROS 24/7 LIMITED (“ELAROS” or “We” or “Us”) a company registered in England under company number 7469441 whose registered office at Electric Works, Sheffield Digital Campus, 3 Concourse Way, Sheffield, S1 2BJ. By using or otherwise accessing the System you agree to be bound by the following terms and conditions (“Terms”). If you have any queries about the System or these Terms, you can contact us by any of the means set out in paragraph 8 of these Terms. If you do not agree with these Terms, you should stop using the System immediately.
2. General rules relating to conduct
The System is made available for your use. The System must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the System you must comply with all applicable UK laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
You agree that when using the System you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to: (a) Use the System in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or (b) Attempt to gain unauthorised access to the System or any networks, servers or computer systems connected to the system; or (c) Modify, adapt, translate or reverse engineer any part of the system or re-format or frame any portion of the pages comprising the System, save to the extent expressly permitted by these Terms or by law.
You agree to indemnify ELAROS in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the System otherwise than in accordance with these Terms or Applicable Laws.
3. Content
The copyright in all material contained on, in, or available through the System including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to ELAROS. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without ELAROS’ express permission.
The trademarks, service marks, and logos (“Trade Marks”) contained on or in the System are owned by ELAROS or third party partners of ELAROS. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of ELAROS or the relevant third party partner of ELAROS.
4. Link to third parties
The System may contain links to websites operated by third parties (“Third Party Websites”). ELAROS does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
5. Disclaimer/liability
USE OF THE SYSTEM IS AT YOUR OWN RISK. THE SYSTEM IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ELAROS DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE SYSTEM; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE SYSTEM (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN ELAROS AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE SYSTEM; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE SYSTEM YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
ELAROS will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the System, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss. IF ELAROS IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE SYSTEM, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) FIFTY POUNDS STERLING (50.00); OR (B) THE SUMS PAID BY YOU/YOUR ORGANISATION UPON PURCHASING THE SYSTEM.
Nothing in these Terms shall be construed as excluding or limiting the liability of ELAROS for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.
6. Service suspension
ELAROS reserves the right to suspend or cease providing any services relating to the System published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
7. General
These Terms (as amended from time to time) constitute the entire agreement between you and ELAROS concerning your use of the System. ELAROS reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the System to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the System. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of ELAROS. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
ELAROS’ failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ELAROS in writing.
Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and ELAROS.
8. Contact us
You can contact the ELAROS team at ELAROS 24/7 LIMITED, Electric Works, Sheffield Digital Campus, Sheffield S1 2BJ, telephone 0114 286 6344, email: c19-yrs@elaros.com.
Last updated 15th October 2023