Terms of Use

This is the Privacy & Cookies Policy (the ‘Policy’) of Fabacus Services Limited, company number 10123148 of Part First Floor (North), 79 Wells Street, London, England, W1T 3QN (hereafter ‘Fabacus’, ‘we’ or ‘us’). This Policy describes the ways in which Fabacus collects and uses information about you when you use its website at https://Fabacus.com/ (the “Website”). Please be aware that our Fabacus.Xelacore.io platform is subject to separate terms of use.

1. INTRODUCTION

1.1. Our website (“Website”) is operated by Fabacus Services Limited registered in England and Wales under company number 10123148 and have our registered office at First Floor, 12 Soho Square, London, W1D 3QF (“we”, “us” or “our”).

1.2.The following Terms of Use together with the Privacy and Cookie Policy (“Privacy Policy“) govern your use of our Website. By using our Website, you accept these Terms of Use in full. If you do not agree to these Terms of Use, you must not use our Website.

1.3.You should visit these Terms of Use and the Privacy Policy each time you visit the Website to review the current Terms of Use to which you must abide.

1.4.We are serious about reading and considering all feedback we receive. If you have any questions, concerns, or comments regarding these Terms of Use, please contact us at info@fabacus.com.

2. OTHER APPLICABLE TERMS

2.1.These Terms of Use refer to our Privacy Policy (which sets out the terms on which we may process any personal data we collect from you or that you provide to us) which also applies to your use of our Website.

3. CHANGES TO THESE TERMS OF USE

3.1.We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you. When changes are made, we will update the “last updated” date at the end of these Terms of Use.

4. CHANGES TO OUR WEBSITE

4.1.We may update our Website from time to time and may change the material we publish on the Website (“Content”) at any time. However, please note that any of the Content on our Website may be out of date at any given time, and we are under no obligation to update it.

4.2.We do not guarantee that our Website, or any Content on it, will be free from errors or omissions.

5. ACCESSING OUR WEBSITE

5.1.Our Website is made available free of charge.

5.2.We do not guarantee that our Website, or any information on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

5.4.You are responsible for making all arrangements necessary for you to have access to our Website.

5.5.You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions and that they comply with them.

6. RELIANCE ON INFORMATION POSTED ON OUR WEBSITE

6.1.Although we use our reasonable efforts to update the Content, we make no representations, warranties, or guarantees, whether express or implied that the Content is accurate, complete, or up-to-date.

7. INTELLECTUAL PROPERTY RIGHTS

7.1.We are the owner or licensee of all intellectual property rights on our Website, and in the Content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved and unless otherwise specified, the authors of such works assert their moral right under Chapter 4 of the Copyright, Designs, and Patents Act 1988 to be identified as the author of the relevant works.

7.2.You may print off one copy and may use small quotations extracted from any page(s) of our Website for your personal use provided you acknowledge the appropriate Website (and author) and, where applicable, provide a link back to the original source. You must not use any part of the Content on our Website for commercial purposes without notifying us of your intentions and obtaining a license to do so from us or our licensors.

7.3.You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.

7.4.If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7.5.Nothing on this Website should be construed as granting, by implication or otherwise, any license or right in or to our intellectual property rights without our express written permission.

8. VIRUSES, HACKING, AND OTHER OFFENCES

8.1.We do not guarantee that our Website will be secure or free from bugs or viruses.

8.2.You are responsible for configuring your information technology, computer programs, and platform in order to access our Website. You should use your own virus protection software.

8.3.You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website. You must not attack our sites via a denial-of-service attack or a distributed denial-of-service attack.

8.4.By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

9. MATERIAL SHARED BY YOU

9.1.When you contact us via our Website, you acknowledge and that Fabacus has the right to anonymize and analyze or use any such feedback and that Fabacus owns such feedback.

10. LINKING TO OUR WEBSITE

10.1.You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

10.2.You must not establish a link from any websites that are not owned by you.

10.3.Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

10.4.If you wish to make any use of material on our Website other than that set out above, please address your request to info@fabacus.com.

11. LINKS FROM OUR WEBSITE

11.1.Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

12. ACCEPTABLE USE

12.1.You may use the Website only for lawful purposes. You may not use the Website:

12.1.1.in any way that breaches any applicable local, national or international law or regulation;

12.1.2.in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect,

12.1.3.for the purpose of harming or attempting to harm minors in any way;

12.1.4.to bully, insult, intimidate or humiliate any person;

12.1.5.to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.

12.1.6.to transmit or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or

12.1.7.to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

12.2.You also agree:

12.2.1.not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these Terms of Use; and

12.2.2.not to access without authority, interfere with, damage, or disrupt:

12.2.2.1.any part of the Website;

12.2.2.2.any equipment or network on which the Website is stored;

12.2.2.3.any software used in the provision of the Website; or

12.2.2.4.any equipment or network or software owned or used by any third party.

13. CONTENT STANDARDS

13.1.The content standards set out in this clause (“Content Standards”) apply to any and all material that you send to us via our Website (“Contribution”).

13.2.The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

13.3.We will determine, at our discretion, whether a Contribution breaches the Content Standards.

13.4.A Contribution must: (i) be accurate (where it states facts); (ii) be genuinely held (where it states opinions), and (iii) comply with the law applicable in England and Wales and in any country from which it is posted.

13.5.A Contribution must not:

13.5.1.be defamatory, offensive, hateful, deceptive, threatening, abusive or in contempt of court;

13.5.2.promote sexually explicit material, violence, discrimination or any illegal activity;

13.5.3.infringe any copyright, database right, or trademark of any other person;

13.5.4.breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

13.5.5.contain any advertising or promote any services or web links to other sites.

14. BREACH OF THESE TERMS OF USE

14.1.When we consider that a breach of these Terms of Use has occurred, we may take such action as we deem appropriate.

14.2.Failure to comply with these Terms of Use constitutes a material breach of these Terms of Use upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

14.2.1.immediate, temporary or permanent withdrawal of your right to use our Website;

14.2.2.issue of a warning to you;

14.2.3.legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

14.2.4.further legal action against you; and

14.2.5.disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

14.3.We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

15.1.We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.

15.2.We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

15.3.We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

15.3.1use of, or inability to use, our site; or

15.3.2.use of or reliance on any content displayed on our site.

15.4.In particular, we will not be liable for:

15.4.1.loss of profits, sales, business, or revenue;

15.4.2.business interruption;

15.4.3.loss of anticipated savings;

15.4.4.loss of business opportunity, goodwill or reputation; or

15.5.5.any indirect or consequential loss or damage.

16. JURISDICTION AND APPLICABLE LAW

16.1.These Terms of Use shall be governed and construed in accordance with the laws of England. We both agree to the exclusive jurisdiction of the courts of England. If you are deemed a consumer and live in Scotland or Northern Ireland, you can bring legal proceedings in the Scottish, Northern Irish, or English courts.

17. MISCELLANEOUS

17.1.If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17.2.These Terms of Use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party.

18. CONTACT US

18.1.To contact us, please email info@fabacus.com.