PhySense® Terms and Conditions (“Terms”)

Last updated: 25/6/18

 

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.PhySense.eu website.

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

1.1 Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the data you uploaded to the PhySense® website and PhySense®  database.

 

1.2 Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by PhySense®. PhySense® has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that PhySense® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

2.1 For the purposes of these Terms and Conditions, the following definitions apply:

 

  1. “Intellectual Property” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

 

  1. “Licence” means the licence You grant to UWE in accordance with these Terms and Conditions;

 

  1. “Project” means scientific investigation into microbiological analysis and testing;

 

  1. “Terms and Conditions” means these terms and conditions;

 

  1. “UWE” means the University of the West of England; and

 

  1. “You” and “Your” means you, the individual, school, college or other educational institute, company or other entity participating in the Project.

 

2.2       By participating in the Project, You hereby grant to UWE an exclusive, irrevocable, worldwide and royalty-free licence, together with the right to sub-license, to continue in perpetuity (“Licence”) to use the Intellectual Property created by Your participation in the Project in such a manner as UWE sees fit.

 

2.3       The Licence shall continue in perpetuity unless otherwise terminated in accordance with these Terms and Conditions.

 

2.4       You irrevocably agree that UWE shall be able to make full use of the Licence anywhere in the world without paying any royalties to You and You further irrevocably agree not to demand any payment whatsoever from UWE for its use of the Licence.

 

2.5       You waive all moral rights in respect of the use to be made by UWE of the Intellectual Property created by Your participation in the Project under this agreement to which You may now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 or under any similar legislation from time to time in force anywhere in the world.

 

2.6       You agree not to licence the Intellectual Property created as a result of your participation in the Project to any individual, company, partnership or other entity without the prior written consent of UWE, which may be given subject to further conditions.

 

2.7       You shall not be permitted to terminate the Licence without the prior written consent of UWE.

 

2.8       UWE may terminate the Licence for any reason without notice.

 

2.9       The terms of the Licence and/or these Terms and Conditions shall not be varied without the prior written consent of UWE.

 

2.10     If any provision or part provision of the Licence and/or these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Licence and/or these Terms and Conditions.

 

2.11     Neither the Licence nor these Terms and Conditions give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Licence and/or these Terms and Conditions.

 

2.12     If there is a conflict between the terms of the Licence and the other clauses in these Terms and Conditions, then the provisions of the Licence shall apply.

 

2.13     The Licence and these Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Licence and/or these Terms and Conditions or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

 

2.14     You and UWE irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Licence and/or these Terms and Conditions, or their subject matter, or their formation.

 

3.1 Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, email address and postal address. The Purchases are covered by the PhySense® Warranty see 3.2.

 

3.2 No Warranty EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, NEITHER PARTY HERETO MAKES ANY REPRESENTATION AND EXTENDS NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY ARISING OUT OF PRIOR COURSE OF DEALING AND USAGE OF TRADE. IN PARTICULAR, BUT WITHOUT LIMITATION, PHYSENSE® MAKES NO REPRESENTATION AND EXTENDS NO WARRANTY CONCERNING WHETHER THE PRODUCT IS FIT FOR ANY PARTICULAR PURPOSE OR SAFE FOR HUMAN CONSUMPTION.

4.1 Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

5.1 Contact Us

If you have any questions about these Terms, please contact us.

 

If you decide to take part in this project thank you.

Please download copy of Terms and Conditions.