Terms of Use - Airwave Solutions

Terms of Use

Please read the Terms of Use carefully before accessing or using this Website.

COMPANY INFORMATION

Airwave Solutions Limited (“Airwave”) is registered in England and Wales

Registered Address:

Charter Court, 50 Windsor Road, Slough, Berkshire.  SL1 2EJ.
Registered No: 03985643

Acceptance of Terms

Unless otherwise stated the copyright and other intellectual property rights in the Materials, as well as their selection and arrangement are owned by Airwave or its licensors.

Except as expressly provided herein, Airwave and its licensors do not grant any express or implied rights to use the Materials. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, licence, sublicence or reverse engineer this Website or Materials, any portions of this Website or Materials or the selection and arrangement of this Website or Materials, except as expressly authorised in these Terms of Use.

The trademarks, logos and service marks (“Marks”) displayed on this Website are the property of Airwave or other third parties. You are not permitted to use the Marks without the prior written consent of Airwave or such third party that may own the Marks.

Use of Website and Services

You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from this Website that are subject to such limitations. You agree to use this Website only to access, download, utilise, Materials in an appropriate manner as related to the particular Materials being accessed or used by you. As some non exhaustive examples of improper activities when accessing or using this Website or Materials, you agree that you shall not:

  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
  • Use or attempt to gain access to or use another’s account, password, Materials or computer systems or networks connected to any Airwave server or to this Website without express written authorisation from Airwave, whether through hacking, password mining or any other means.
  • Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
  • Access or attempt to access any Material that you are not authorised to access or Materials through any means not intentionally made available through the Website
  • Make available any files containing Materials where you do not own or control, or have not received the necessary licences to, all Intellectual property Rights, rights of privacy and publicity and all other rights in and to such Materials
  • Use any Materials in any manner that infringes any intellectual property rights or other rights of any party.
  • Disrupt or interfere with the security of, or otherwise cause harm to, this Website, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through this Website or any affiliated or linked websites
  • Transmit unsolicited or bulk communications to any Airwave account holder or to any Airwavesolutions.co.uk or affiliated e-mail address.
  • Submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
  • Create a false identity for the purpose of misleading others.
  • Disrupt, interfere or inhibit any other user from using and enjoying this Website, Materials, or other affiliated or linked websites.
  • Breach any guidelines or other codes of conduct applicable to the Materials.
  • Violate any applicable laws or regulations related to the access to or use of this Website, or engage in any activity prohibited by these Terms of Use.
  • Submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
  • Prepare, compile, use, download or otherwise copy any Website user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
  • Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
  • Violate the rights of Airwave or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
  • Use any Airwave domain name as a pseudonymous return e-mail address.
  • Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Airwave.

When using the Materials, you may be subject to any posted guidelines, rules or licences applicable to such Materials, in addition to these Terms of Use.

Airwave, in its sole discretion, may (but has no obligation to) monitor or review the Materials at any time. Airwave may at any time without notice and in its sole discretion: (a) terminate access to or use of any Materials or an area of this Website where Materials are posted or submitted; and (b) disclose any information related to your use of this Website or the Materials, or the substance of any of your submitted Materials, as Airwave deems necessary to comply with applicable law, regulation, legal process or governmental request.

If you are required to establish an account in connection access to certain parts of this Website or certain Materials you must complete the designated registration process for such access.  All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account.

It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorised use of your account or any other breach of security, you shall notify Airwave immediately.

If any Materials provide password-restricted access to your sensitive information (including without limitation customer lists and contractual terms), then by accessing or using this Website and setting up a password-restricted account for such Materials, you consent to Airwave’s display of such information via such Materials and accept all risks of unauthorised access to such information.

Use of Airwave Materials and User Materials

You may view, download, and print the Airwave Materials and User Materials available on this Website subject to the following conditions:

  • The Airwave Materials and User Materials may be accessed and used solely for personal, informational, non-commercial and internal purposes.
  • You may not copy or distribute any graphics in the Materials apart from their accompanying text.
  • You will not quote or display Materials or any portions thereof, out of context.
  • Airwave reserves the right to revoke the authorisation to view, download and print the Materials available via this Website at any time, and any such use shall be discontinued immediately upon notice from Airwave.
  • The rights granted to you constitute a licence and not a transfer of title.

The rights specified above to view, download and print the Materials available on this Website are not applicable to the design, layout or look and feel of this Website.

Such elements of this Website are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted by Airwave.

In addition, various sections of the Website may showcase the work of creative professionals. Such works belong to their creators, may be protected by intellectual property rights and are for display purposes only.

Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such us

Submitted Materials

All of your User Materials that you submit to this Website shall not be confidential information or trade secrets owned by you or any other party. You will receive no compensation for any use of your User Materials.

Airwave may, but is not required to, post or use any of your User Materials that you may post or otherwise submit. Airwave does not pre-screen User Materials that users provide or otherwise submit to this Website; however, Airwave may remove any posted or submitted User Materials from the Website for any reason without notice in its sole discretion.

By posting or submitting your User Materials, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your User Materials as described in these Terms of Use, including all the rights necessary for you to post or submit your User Materials.

You are solely and entirely responsible for all of your User Materials that you submit to this Website. You shall assume all risks associated with the use of your User Materials including any reliance on the accuracy, completeness or usefulness of your User Materials.

Airwave does not guarantee the accuracy, integrity or quality of your User Materials. You acknowledge and agree that by accessing or using the Website, you may be exposed to User Materials from others that are offensive, indecent or otherwise objectionable.

Airwave’s Right to Submitted User Materials

For all of your User Materials that you submit to this Website, you grant Airwave and the users of this Website an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up licence to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, with or without having your name attached to such Images, in any manner or form and for any purpose, with full rights to sublicence such rights through multiple tiers of distribution, and you also acknowledge and agree that Airwave is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you.

Restriction and Termination of Use

Airwave may block, restrict, disable, suspend or terminate your access to all or part of the Website and Materials at any time in Airwave’s sole discretion, without prior notice or liability to you.

Links to Third Party Websites

This Website or Materials may include links that will take you to other websites outside of the Website (“Linked Websites”).

The Linked Websites are provided by Airwave to you as a convenience and the inclusion of the links do not imply any endorsement by Airwave of any Linked Website. Airwave has no control of the Linked Websites and you therefore acknowledge and agree that Airwave is not responsible for the contents of any Linked Website, any link contained in a Linked Website or any changes or updates to a Linked Website.

You further acknowledge and agree that Airwave is not responsible for any form of transmission (e.g. webcasting) received from any Linked Website.

If you would like to link to the Website, you may only do so after receiving Airwave’s prior written consent, such consent may be withdrawn at any time without  notice and is subject to the following conditions:

(a) If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(b) you do not remove, distort or otherwise alter the size or appearance of the Airwave Marks;

(c) you do not create a frame or any other browser or border environment around this Website;

(d) you do not in any way imply that Airwave is endorsing any products or services other than its own;

(e) you do not misrepresent your relationship with Airwave nor present any other false information about Airwave;

(f) you do not otherwise use any Marks displayed on the Website without express written permission from Airwave;

(g) you do not link from a website that is not owned by you; and

(h) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations]

You shall fully indemnify Airwave for any loss or damage suffered by Airwave for breach of this clause.

Warranties and Disclaimers

While Airwave endeavors to ensure that the information on this Website is correct, it does not warrant the accuracy and completeness of the Materials. Information on this Website may be out of date and Airwave makes no commitment to update such information.

Such information is provided “as is”, without any conditions, warranties or other terms of any kind.

According to the maximum extent permitted by law, Airwave provides you with access to the Website and the Materials on the basis that it excludes all representations, warranties, conditions, and other terms (including, without limitation, the conditions implied by law, of satisfactory quality, fitness for purpose and use of reasonable care and skill) which but for these Terms of Use might have been in effect in relation to this website and/or Materials.

THE USE OF THIS WEBSITE, OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. AIRWAVE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AIRWAVE OR VIA THE WEBSITE OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AIRWAVE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE WEBSITE OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

If you access this Website from a location outside the United Kingdom, you are responsible for compliance with all local laws.

Personal Information and Privacy

Airwave will use and protect your data, such as your name and address, in accordance with the Airwave Privacy Policy the contents of which are incorporated by reference into these Terms of Use.

Limitation of Liability

IN NO EVENT SHALL AIRWAVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR LOSS OF INCOME,PROFITS, DATA ,USE OF MONEY OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, OR IF AIRWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE OF THIS WEBSITE, OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THIS WEBSITE, OR MATERIALS (3) ANY UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (4) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (5) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (6) ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE; OR (7) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED WEBSITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Nothing in these Terms of Use shall exclude or limit Airwave’s liability for death or personal injury caused by negligence; or fraud; or misrepresentation as to a fundamental matter; or any liability which cannot be excluded or limited under applicable law.

Definitions

“Materials” means all information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products made available or enabled via the Website by Airwave or users of this Website. All Materials provided by Airwave are referred to collectively as “Airwave Materials”. All user-supplied Materials are referred to collectively as “User Materials”.