IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY AS YOU WILL BE BOUND BY IT IF YOU IN ANY WAY USE OR ACCESS DRAYSONTECHNOLOGIES.COM OR OTHER WEBSITES PROVIDED BY US (‘WEBSITE’ AND ‘WEBSITES’). IF YOU DO NOT WANT TO BE BOUND BY THIS AGREEMENT, DO NOT VIEW OR USE THE WEBSITES. IF YOU ENTER INTO THIS AGREEMENT ON BEHALF OF ANOTHER PERSON (NATURAL OR LEGAL) YOU WARRANT THAT YOU HAVE AUTHORITY TO DO SO. WE DO NOT MARKET TO OR ENTER INTO CONTRACTS WITH CHILDREN AND YOU MAY NOT ENTER INTO OR ATTEMPT TO ENTER INTO THIS AGREEMENT, OR USE ANY OF OUR PRODUCTS OR SERVICES (‘SERVICES’), IF YOU ARE UNDER 13 YEARS OF AGE.
WHO YOUR AGREEMENT IS WITH: if you are resident in the USA or Canada, your agreement is with Drayson Technologies Inc of 600 California Street, Floor 11, San Francisco, CA 94108 (‘Drayson USA’); if you are resident in Latin America, your agreement is with Drayson Technologies Mexico S.A. de C.V., of Varsovia 36, Col. Juarez, Mexico City, ZIP 06600 (‘Drayson Mexico’); if you are resident elsewhere, your agreement is with Drayson Technologies (Europe) Limited, registered office at Grand Union Studios, 332 Ladbroke Grove, W10 5AD London, incorporated in England, company registered number 08618486, VAT number GB206750816 (‘Drayson UK’). You can contact us by emailing our customer service team at firstname.lastname@example.org or writing to us at the address above based on your place of residence.
The Websites are made available to you by the Drayson entity indicated above (together ‘Drayson’, ‘we’, ‘us’ and the ‘Drayson Group’), and your use of the Websites is subject to these terms and conditions (‘Agreement’). We reserve the right to make changes to this Agreement at any time, which will take effect immediately on posting to a Website. Your continued use of a Website is your agreement to any such change; it is your obligation to review the Websites for changes to this Agreement from time to time. We may also suspend or terminate any Website and this Agreement immediately without notice to you. Nothing on a Website constitutes an offer capable of acceptance.
DISCLAIMER & LIMITATION OF LIABILITY
ALL WEBSITES AND SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS AND FOR INFORMATION ONLY. YOU MAY NOT RELY ON ANY INFORMATION IN THE WEBSITES AND WE ACCEPT NO DUTY OR LIABILITY TO YOU IF YOU DO SO. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM AND EXCLUDE ALL CONDITIONS OR WARRANTIES THAT MAY OTHERWISE BE IMPLIED BY LAW INTO THIS AGREEMENT INCLUDING WITHOUT LIMITATION WARRANTIES AS TO ACCURACY, QUALITY, FITNESS FOR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITES OR SERVICES SHALL BE AVAILABLE AT ALL TIMES, OR ARE FREE OF ERRORS AND WE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEBSITES.
WHILE NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE ANY LIABILITY THAT, UNDER APPLICABLE LAW, CANNOT BE LIMITED OR EXCLUDED, IN NO EVENT SHALL WE BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OF DATA, BUSINESS, REVENUE OR PROFIT (WHETHER DIRECT OR INDIRECT LOSS), NOR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; AND OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO £100.
Any access by you to any third party website, whether by a link from a Website or otherwise, is at your own risk. We do not endorse and accept no duty or liability for the content, products or services offered on, or your use of, any other website. You may not link to a Website without our prior written permission.
The law in your jurisdiction may not allow exclusions or limitations such as those set out in this Agreement, in which case they may not apply to you.
INTELLECTUAL PROPERTY (‘IP’)
All IP in the Websites (including screenshots and images of our Services and the trade marks DRAYSON, DRAYSON TECHNOLOGIES, FREEVOLT, SENSYNE, AURA, CLEANSPACE, the CLEANSPACE logo and the Cloud logo) is the property of the Drayson Group or its licensors and you may not copy, display or otherwise use such IP without our prior written permission. You agree we may use any comment made by you to us through the Website or elsewhere (including on social media) about us, the Websites or the Services as a testimonial in our marketing and promotion of the Services worldwide and without charge; in doing so, we will not use your personal data without your consent.
You agree not to use the Websites to upload, post, email, transmit or otherwise make available: any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, infringes a person’s IP or other rights, is a software virus or any other harmful code, is vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise illegal or objectionable. You shall indemnify the Drayson Group and its directors, officers, employees and agents against all damages and loss resulting from your breach of this Agreement.
Except to the extent prohibited by applicable law, you agree that any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose. This Agreement shall be governed by, and construed in accordance with, the law set out below, excluding its conflict of laws principles: if your Agreement is with Drayson USA, the governing law is that of the State of California and the courts of San Francisco, California shall have exclusive jurisdiction; if your Agreement is with Drayson Mexico, the governing law is that of Mexico and the courts of Mexico City shall have exclusive jurisdiction; if your Agreement is with Drayson UK, the governing law is that of England and the courts of London, England shall have exclusive jurisdiction.
Headers are provided for convenience only and shall not affect the interpretation of this Agreement. In this Agreement, a reference to: a person includes a reference to a natural or legal person and that person’s successors and permitted assigns; the singular includes the plural, the masculine includes the feminine and vice versa; and ‘including’ means ‘including without limitation’. This Agreement constitutes the entire agreement between you and us relating to its subject matter and supersedes any prior agreements, undertakings, representations, warranties and arrangements of any nature, relating to the same. Each party acknowledges that it has not been induced to enter into this Agreement by any representation or warranty other than those contained in this Agreement. We may assign this Agreement, in whole or in part without notice to you or your consent. No failure or delay by us to exercise or enforce any right or benefit under this Agreement shall be deemed a waiver of such right or benefit, nor operate to prevent or limit the future exercise or enforcement of that right or benefit. If any term or condition of this Agreement is held invalid, void or otherwise unenforceable by any court, governmental agency or authority of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable.