Exarta’s Terms and Conditions
Last updated: 20/09/2023
About our terms
Welcome to Exarta (“we, our, us”). These terms and conditions (“Terms”) govern your use of our website. By accessing or using our website (“Site”), you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Site.
If you order any goods, services, or digital content from the Site or if you buy a subscription or membership to access restricted parts of the Site, separate terms and conditions will apply as set out here.
We are Exarta Limited, a company registered in the Isle of Man under company registration number 135418C. our registered office is at FOURTH FLOOR, ANALYST HOUSE, 20-26 PEEL ROAD, DOUGLAS, ISLE OF MAN, IM1 4LZ.
Using the site
The Site is for your use only. You must be at least 18 years of age to use this Site. By using this Site and by agreeing to these Terms you warrant and represent that you are at least 18 years of age.
You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
We make no promise that the Site is appropriate or available for use in locations outside of the Isle of Man. If you choose to access the Site from locations outside of the Isle of Man, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details at the bottom of this page.
As a condition of your use of the Site, you agree to comply with our Acceptable Use Policy and agree not to:
- Misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack); or
- Attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site.
We may prevent or suspend your access to the Site if you do not comply with these terms or any applicable law.
While using our Site, you agree not to:
- Violate any applicable laws, regulations, or third-party rights;
- Engage in any form of harassment, hate speech, or offensive behaviour;
- Use our Site for any unauthroised commercial purposes; or
- Attempt to interfere with the proper functioning of our website.
Registration and password security
Use of the Site may require registration, particularly to access restricted areas of the Site.
We are not obligated to permit anyone to register with the Site and we may refuse, terminate, or suspend registration to anyone at any time.
You are responsible for making sure that your password and any other account details are kept secure and confidential.
If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
Access to certain areas of the Site is restricted. We reserve the right to restrict access to areas of this Site, or indeed the entire Site, at our discretion.
We will use reasonable efforts to:
- Delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
- Identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights, or is otherwise in breach of our Acceptable Use Policy.
When we are notified, we cannot be responsible if you have failed to provide us with the relevant information. If you believe that any content which is distributed or published by the Site is inappropriate, defamatory, or infringing on intellectual property rights, you should contact us immediately using the contact details at the bottom of this page.
Your privacy and personal information
Ownership, use and intellectual property rights
The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (“Content”) are owned by us and our licensors. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
Nothing in these Terms grants you any legal rights in the Site or the Content other than is necessary for you to access it. You agree not to adjust, try to circumvent, or delete any notices contained on the Site or the Content (including any intellectual property notices) and, in any digital rights or other security technology embedded or contained within the Site or Content.
We use certain trademarks on our Site and in the Content. Other trademarks and trade names may also be used on the Site or in the Content. Use by you of any trademarks on the Site or in the Content is strictly prohibited unless you have our prior written permission.
Software may be made available for you to download for the Site to work better. You will be granted a limited, non-exclusive license to use any such software, subject to you agreeing to the terms and conditions that apply to such software (sometimes known as an ‘end user license agreement’). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be able to download the software.
You should read any terms and conditions carefully. They may contain provisions that set out your legal rights, your legal responsibilities when using the software, the software provider’s legal responsibilities and any limitations on the software provider’s legal responsibilities to you. Any software made available on the Site is solely for your personal, non-commercial use. using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any other terms and conditions that apply to it) is expressly prohibited and may result in civil and criminal penalties.
Our Site is provided “as is” and “as available” without any warranties of any kind, whether expressed or implied. We do not guarantee the accuracy, completeness, or reliability of any information on our Site.
Limitation of liability
To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of our Site.
Submitting information to the site
Accuracy of information and availability of the site
We try to make sure that the Site is accurate, up-to-date, and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
We may suspend or terminate access or operation of the Site at any time as we see fit. Any content provided for your general information purposes only and to inform you about us and our products and news, features, services, and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgement when using our Site and its Content.
While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.
Hyperlinks and third–party sites
The Site may contain hyperlinks or references to third-party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party advertising or website does not mean that we endorse that third-party’s website, products, or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site and is at your own risk.
Our responsibility to you
If we breach these Terms or are negligent, we are liable to you for the foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time that these Terms were formed, it was either clear that such loss or damage would occur, or you and we both knew that it might reasonably occur, because of something we did (or failed to do).
We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage. Nothing in these Terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Site.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Site disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as us.
Events beyond our control
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
No third-party rights
No one other than us or you have any right to enforce any of these Terms.
No changes to these Terms are valid or have any effect unless agreed by us in writing.
We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the bottom of this page. The laws of the Isle of Man apply to these Terms, although if you are a resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the exclusive jurisdiction of the courts on the Isle of Man.