Terms of Use - ECH Scientific Limited

The information provided when using the Services is not intended for  distribution to or use by any person or entity in any jurisdiction or country  where such distribution or use would be contrary to law or regulation or  which would subject us to any registration requirement within such  jurisdiction or country. Accordingly, those persons who choose to access  the Services from other locations do so on their own initiative and are  solely responsible for compliance with local laws, if and to the extent local  laws are applicable.

The Services are not tailored to comply with industry-specific regulations  (Health Insurance Portability and Accountability Act (HIPAA), Federal  Information Security Management Act (FISMA), etc.), so if your interactions  would be subjected to such laws, you may not use the Services. You may  not use the Services in a way that would violate the Gramm-Leach-Bliley  Act (GLBA).

We are the owner or the licensee of all intellectual property rights in our  Services, including all source code, databases, functionality, software,  website designs, audio, video, text, photographs, and graphics in the  Services (collectively, the 'Content'), as well as the trademarks, service  marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws  (and various other intellectual property rights and unfair competition laws)  and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services 'AS IS' for  your internal business purpose only.

Subject to your compliance with these Legal Terms, including the  'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive,  non-transferable, revocable licence to:

By sending us  Submissions through any part of the Services you:

confirm that you have read and agree with our 'PROHIBITED  ACTIVITIES' and will not post, send, publish, upload, or transmit  through the Services any Submission that is illegal, harassing,  hateful, harmful, defamatory, obscene, bullying, abusive,  discriminatory, threatening to any person or group, sexually explicit,  false, inaccurate, deceitful, or misleading;

to the extent permissible by applicable law, waive any and all moral  rights to any such Submission;

warrant that any such Submission are original to you or that you  have the necessary rights and licences to submit such Submissions  and that you have full authority to grant us the above-mentioned  rights in relation to your Submissions; and

warrant and represent that your Submissions do not constitute  confidential information.

You are solely responsible for your Submissions and you expressly agree  to reimburse us for any and all losses that we may suffer because of your  breach of (a) this section, (b) any third party’s intellectual property rights, or  (c) applicable law.

By using the Services, you represent and warrant that: (1) you have the  legal capacity and you agree to comply with these Legal Terms; (2) you are  not a minor in the jurisdiction in which you reside; (3) you will not access  the Services through automated or non-human means, whether through a  bot, script or otherwise; (4) you will not use the Services for any illegal or  unauthorised purpose; and (5) your use of the Services will not violate any  applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or  incomplete, we have the right to suspend or terminate your account and  refuse any and all current or future use of the Services (or any portion  thereof).

We make every effort to display as accurately as possible the colours,  features, specifications, and details of the products available on the  Services. However, we do not guarantee that the colours, features,  specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not  accurately reflect the actual colours and details of the products. All  products are subject to availability, and we cannot guarantee that items will  be in stock. We reserve the right to discontinue any products at any time  for any reason. Prices for all products are subject to change.

You may not access or use the Services for any purpose other than that for  which we make the Services available. The Services may not be used in  connection with any commercial endeavours except those that are  specifically endorsed or approved by us.

As a user of the Services, you agree not to:

The Services does not offer users to submit or post content. We may  provide you with the opportunity to create, submit, post, display, transmit,  perform, publish, distribute, or broadcast content and materials to us or on  the Services, including but not limited to text, writings, video, audio,  photographs, graphics, comments, suggestions, or personal information or  other material (collectively, 'Contributions'). Contributions may be viewable  by other users of the Services and through third-party websites. As such,  any Contributions you transmit may be treated in accordance with the  Services' Privacy Policy. When you create or make available any  Contributions, you thereby represent and warrant that:

Any use of the Services in violation of the foregoing violates these Legal  Terms and may result in, among other things, termination or suspension of  your rights to use the Services.

You and Services agree that we may access, store, process, and use any  information and personal data that you provide following the terms of the  Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you  agree that we can use and share such feedback for any purpose without  compensation to you.

We do not assert any ownership over your Contributions. You retain full  ownership of all of your Contributions and any intellectual property rights or  other proprietary rights associated with your Contributions. We are not  liable for any statements or representations in your Contributions provided  by you in any area on the Services. You are solely responsible for your  Contributions to the Services and you expressly agree to exonerate us  from any and all responsibility and to refrain from any legal action against  us regarding your Contributions.

The Services may contain (or you may be sent via the Site) links to other  websites ('Third-Party Websites') as well as articles, photographs, text,  graphics, pictures, designs, music, sound, video, information, applications,  software, and other content or items belonging to or originating from third  parties ('Third-Party Content'). Such Third-Party Websites and Third-Party  Content are not investigated, monitored, or checked for accuracy,  appropriateness, or completeness by us, and we are not responsible for  any Third-Party Websites accessed through the Services or any Third Party Content posted on, available through, or installed from the Services,  including the content, accuracy, offensiveness, opinions, reliability, privacy  practices, or other policies of or contained in the Third-Party Websites or  the Third-Party Content. Inclusion of, linking to, or permitting the use or  installation of any Third-Party Websites or any Third-Party Content does  not imply approval or endorsement thereof by us. If you decide to leave the  Services and access the Third-Party Websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware these  Legal Terms no longer govern. You should review the applicable terms and  policies, including privacy and data gathering practices, of any website to  which you navigate from the Services or relating to any applications you  use or install from the Services. Any purchases you make through Third Party Websites will be through other websites and from other companies,  and we take no responsibility whatsoever in relation to such purchases  which are exclusively between you and the applicable third party. You  agree and acknowledge that we do not endorse the products or services  offered on Third-Party Websites and you shall hold us blameless from any  harm caused by your purchase of such products or services. Additionally,  you shall hold us blameless from any losses sustained by you or harm  caused to you relating to or resulting in any way from any Third-Party  Content or any contact with Third-Party Websites.

We reserve the right, but not the obligation, to: (1) monitor the Services for  violations of these Legal Terms; (2) take appropriate legal action against  anyone who, in our sole discretion, violates the law or these Legal Terms,  including without limitation, reporting such user to law enforcement  authorities; (3) in our sole discretion and without limitation, refuse, restrict  access to, limit the availability of, or disable (to the extent technologically  feasible) any of your Contributions or any portion thereof; (4) in our sole  discretion and without limitation, notice, or liability, to remove from the  Services or otherwise disable all files and content that are excessive in size  or are in any way burdensome to our systems; and (5) otherwise manage  the Services in a manner designed to protect our rights and property and to  facilitate the proper functioning of the Services.

We care about data privacy and security. Please review our Privacy  Policy: https://www.aquamaxkf.com/privacy-policy.html. By using the  Services, you agree to be bound by our Privacy Policy, which is  incorporated into these Legal Terms. Please be advised the Services are  hosted in the United Kingdom. If you access the Services from any other  region of the world with laws or other requirements governing personal  data collection, use, or disclosure that differ from applicable laws in the  United Kingdom, then through your continued use of the Services, you are  transferring your data to the United Kingdom, and you expressly consent to  have your data transferred to and processed in the United Kingdom.

These Legal Terms shall remain in full force and effect while you use the  Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE  LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE  DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO  AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP  ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO  REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY  REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN  THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR  REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN  THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT  YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE  DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited  from registering and creating a new account under your name, a fake or  borrowed name, or the name of any third party, even if you may be acting  on behalf of the third party. In addition to terminating or suspending your  account, we reserve the right to take appropriate legal action, including  without limitation pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the  Services at any time or for any reason at our sole discretion without notice.  However, we have no obligation to update any information on our Services.  We will not be liable to you or any third party for any modification, price  change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may  experience hardware, software, or other problems or need to perform  maintenance related to the Services, resulting in interruptions, delays, or  errors. We reserve the right to change, revise, update, suspend,  discontinue, or otherwise modify the Services at any time or for any reason  without notice to you. You agree that we have no liability whatsoever for  any loss, damage, or inconvenience caused by your inability to access or  use the Services during any downtime or discontinuance of the Services.  Nothing in these Legal Terms will be construed to obligate us to maintain  and support the Services or to supply any corrections, updates, or releases  in connection therewith.

These Legal Terms are governed by and interpreted following the laws of  England and Wales, and the use of the United Nations Convention of  Contracts for the International Sales of Goods is expressly excluded. If  your habitual residence is in the EU, and you are a consumer, you  additionally possess the protection provided to you by obligatory provisions  of the law in your country to residence. ECH Scientific Limited and yourself  both agree to submit to the non-exclusive jurisdiction of the courts of  Bedfordshire, which means that you may make a claim to defend your  consumer protection rights in regards to these Legal Terms in England, or  in the EU country in which you reside.

There may be information on the Services that contains typographical  errors, inaccuracies, or omissions, including descriptions, pricing,  availability, and various other information. We reserve the right to correct  any errors, inaccuracies, or omissions and to change or update the  information on the Services at any time, without prior notice.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE  BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT  YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,  WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN  CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,  INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND  NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR  REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS  OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES  OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL  ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,  MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)  PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE  WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF  THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF  OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL  INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,  (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR  FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,  OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE  SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR  OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS  OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF  ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE  AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,  GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR  SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH  THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR  MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER  ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE  RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN  YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR  SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE  THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD  USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE  APPROPRIATE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR  AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,  OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,  LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF  THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING  TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU  FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM  OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF  THE AMOUNT PAID, IF ANY, BY YOU TO US OR PFUND  (GBP). CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO  NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE  EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS  APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR  LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE  ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our  subsidiaries, affiliates, and all of our respective officers, agents, partners,  and employees, from and against any loss, damage, liability, claim, or  demand, including reasonable attorneys’ fees and expenses, made by any  third party due to or arising out of: (1) use of the Services; (2) breach of  these Legal Terms; (3) any breach of your representations and warranties  set forth in these Legal Terms; (4) your violation of the rights of a third  party, including but not limited to intellectual property rights; or (5) any overt  harmful act toward any other user of the Services with whom you  connected via the Services. Notwithstanding the foregoing, we reserve the  right, at your expense, to assume the exclusive defence and control of any  matter for which you are required to indemnify us, and you agree to  cooperate, at your expense, with our defence of such claims. We will use  reasonable efforts to notify you of any such claim, action, or proceeding  which is subject to this indemnification upon becoming aware of it.

We will maintain certain data that you transmit to the Services for the  purpose of managing the performance of the Services, as well as data  relating to your use of the Services. Although we perform regular routine  backups of data, you are solely responsible for all data that you transmit or  that relates to any activity you have undertaken using the Services. You  agree that we shall have no liability to you for any loss or corruption of any  such data, and you hereby waive any right of action against us arising from  any such loss or corruption of such data.

Visiting the Services, sending us emails, and completing online forms  constitute electronic communications. You consent to receive electronic  communications, and you agree that all agreements, notices, disclosures,  and other communications we provide to you electronically, via email and  on the Services, satisfy any legal requirement that such communication be  in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC  SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND  TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS  OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE  SERVICES. You hereby waive any rights or requirements under any  statutes, regulations, rules, ordinances, or other laws in any jurisdiction  which require an original signature or delivery or retention of non-electronic  records, or to payments or the granting of credits by any means other than  electronic means.

If any complaint with us is not satisfactorily resolved, you can contact the  Complaint Assistance Unit of the Division of Consumer Services of the  California Department of Consumer Affairs in writing at 1625 North Market  Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)  952-5210 or (916) 445-1254.

These Legal Terms and any policies or operating rules posted by us on the  Services or in respect to the Services constitute the entire agreement and  understanding between you and us. Our failure to exercise or enforce any  right or provision of these Legal Terms shall not operate as a waiver of  such right or provision. These Legal Terms operate to the fullest extent  permissible by law. We may assign any or all of our rights and obligations  to others at any time. We shall not be responsible or liable for any loss,  damage, delay, or failure to act caused by any cause beyond our  reasonable control. If any provision or part of a provision of these Legal  Terms is determined to be unlawful, void, or unenforceable, that provision  or part of the provision is deemed severable from these Legal Terms and  does not affect the validity and enforceability of any remaining provisions.  There is no joint venture, partnership, employment or agency relationship  created between you and us as a result of these Legal Terms or use of the  Services. You agree that these Legal Terms will not be construed against  us by virtue of having drafted them. You hereby waive any and all defences  you may have based on the electronic form of these Legal Terms and the  lack of signing by the parties hereto to execute these Legal Terms.

In order to resolve a complaint regarding the Services or to receive further  information regarding use of the Services, please contact us at:

ECH Scientific Limited

Building 69  Wrest Park, Silsoe

Bedfordshire MK45 4HS

United Kingdom  

Phone: +44 1525 40 47 47

Fax: +44 1525 40 48 48

Mail: info@echscientific.com