Terms and Conditions of Platform Use
1. Introduction1.1 Welcome to Phaeria (“we/”us”).
This page tells you the terms on which you may use our Platform, whether delivered via the Website https://www.phaeria.com (“the Website”) or the software that we provide (“Platform Software”).
Please read carefully before use. By using the Platform, you accept the terms and agree to obey them. If you don’t accept them, please don’t use the Platform.
2. Who We Are2.1 The Website https://www.phaeria.com and the Platform are operated by Phaeria Ltd which is a UK limited company registered in England under company number 08318019.
2.2 Here are some important details about us:
2.2.1 Trading Address: Phaeria ltd, Hoghton Towers, Hoghton Street, Southport, PR9 0TB;
2.2.2 Registered Office: Phaeria ltd, Hoghton Towers, Hoghton Street, Southport, PR9 0TB;
2.2.3 VAT number: GB152246530.
3. Use of the Platform
3.1 You have permission for temporary, non-exclusive use of the Platform, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
3.2 You are responsible for configuring your own computer and software to access our Platform software and the material on our Platform. Although we try to protect our Platform, we are not responsible for any viruses, bugs or similar problems and you should use your own virus protection software. We don’t give you any warranty that the way we deliver data to you is compatible with your software or with the way your computer is configured.
3.3 You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
3.4 You agree to follow our Acceptable Use Policy.
3.5 If you allow anyone else to use our Platform, you must make sure that they read these terms first, and that they follow them.
3.6 Only use the Platform as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.
3.7 We frequently update the site and make changes to it, but we don’t have to do this, and material on the site may be out-of-date. No material on the site is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.
4.1 A free 1 hour initial consultation is available to some customers as stated in the offers contained within the Website is provided by one of the experts operating with Phaeria ltd.
4.2 Where customers are eligible for a free initial consultation, each 1 hour unit of advice can only be used for separate technical issues. It is not possible to combine the 1 hour units of consultation and use them on one matter.
5.Intellectual Property Rights
5.1 We are the owner or licensee of all intellectual property rights in the Platform (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright and you may only use any such material on these terms.
5.2 You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.
5.3 If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.
6.Our Legal Responsibility to You
6.1 We do not guarantee the accuracy of material on our Platform. As far as legally possible, we exclude legal responsibility for the following:
Any loss to you arising from use of our site
Loss of income, profit, business, data, contracts, goodwill or savings.
6.2 We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
6.3 Although we try to make the Platform available 24 hours a day, seven days a week, (except for planned maintenance and required unscheduled maintenance) we do not warrant that your use of the Platform will be uninterrupted or error-free; and we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Platform may be subject to limitations, delays and other problems inherent in the use of such communications facilities
6.4 We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
6.5 We will try to make sure that customer data is stored securely and backed-up. If we lose or damage it we will try to restore it. But if it is lost or damaged by a third party, we are not responsible to you unless they cause the loss or damage when working on it for us.
6.6 You agree that any duty of care owed to you by us is a duty owed only to you. We do not owe a duty of care to any third party and assume no responsibility to any third party in respect of the performance of our duties to you. We are not liable for any failure to fulfil our obligations due to circumstances beyond our reasonable control.
6.7 You agree that the limitations on liability contained in this paragraph 6 are reasonable. You also agree that any limitations on liability in this paragraph 6 apply to you and also to any person or company associated with you.
7.Uploading to our Site
7.1 If you contact other users of our site or upload material to it, you must follow our Acceptable Use Policy, which sets out standards for usage. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.
7.2 Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.
7.3 We won’t be legally responsible to anybody for the accuracy of material that you upload to the site, and we can remove it at any time if we think it doesn’t follow our Acceptable Use Policy.
8.1 If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the Platform will end straightaway. We will report you to the relevant authorities and give them your identity.
8.2 Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material. You are not allowed to do any of these things.
8.3 You mustn’t try to get access to our site or server or any connected database or make any ‘attack’ on the site. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via our Platform.
9.Confidentiality and Conflicts
9.1 We have the following confidentiality obligations to you:
9.1.1 We will treat all information you provide to us and about matters dealt with by us (other than information which is in the public domain) as confidential. We will not disclose any confidential information to any third party, except with your written consent or if necessary or customary in the normal performance of our services (e.g. passing it to other professionals and consultants assisting us or you with your matter, unless you ask us not to) or if required or permitted by law or any regulatory authority to which we are subject.
9.1.2 We reserve the right to use external service providers as long as they are bound by appropriate obligations to maintain the confidentiality of the information.
9.2. Your confidentiality obligations are:
9.2.1 You will treat all information we give you (other than information which is in the public domain) as confidential.
9.2.2 You will not disclose that confidential information to any other person, unless we have given our written consent or as required or permitted by law or any regulatory authority to which you are subject.
10.1 We are committed to providing a high quality service. To maintain this commitment we operate a formal complaints procedure, a copy of which is available on request.
10.2 If you have any questions or a complaint about the service provided by us please contact us to make your complaint.
11.1 We change these terms from time to time and you must check them for changes because they are binding on you.
12.Links to Our Platform
12.1 You are allowed to make a legal link to our website’s homepage from your website if the content on your site meets the standards of our Acceptable Use Policy. We can end this permission at any time.
12.2 You mustn’t suggest any endorsement by us or association with us unless we agree in writing.
13.Links From Our Site
13.1 Links from our site to other sites are only for information. We don’t accept responsibility for other sites or any loss you suffer from using them.
14.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
14.2 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
14.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.
14.4 If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.
14.5 Any dispute shall not affect the Parties’ ongoing obligations under the Agreement.
14.6 The English courts have the only right to hear and resolve claims related to our Platform, and all disputes are governed by English law. If any part of these terms is held to be invalid or unenforceable, the remaining terms will continue in full force and effect.
15.1 Please email us at [email protected] to contact us about any issues.