Terms of Service

Who we are and how to contact us

The Javelin Service (Service) consists of the www.askjavelin.com website (Site), the software applications hosted or made available by us and any other related content and materials, however you access them, whether via the Site or via mobile or tablet app.

These Terms of Service, together with the Privacy Policy and Commercial Terms and any other policies referred to in them (collectively, Terms), apply to your use of the Service.  Please read these Terms carefully before you start to use the Service. By using the Service, you indicate that you accept the Terms and that you agree to abide by them. If you do not agree to the Terms, please refrain from using the Service. The Site is owned and the Service operated by Ion Industries Ltd (we, our, us, Javelin, ION). We are registered in England and Wales under company number 10323679 and have our registered office and our main trading address 2 Esh Plaza, Newcastle upon Tyne, NE13 9BA, United Kingdom]. Our VAT number is GB251039925]

To contact us, please email support@ionhq.co.uk or telephone our customer service line on 0191 466 1231.

By using our Site and the Service, you confirm that you accept these Terms of Service and that you agree to comply with them.

If you do not agree to these terms, you must not use our Site.

There are other terms that may apply to you

These website terms and conditions refer to the following additional terms, which also apply to your use of the Service:

• Our Privacy Policy. See further under How we may use your personal information.
• Our Cookie Policy, which sets out information about the cookies on the Service.

If you purchased a subscription to the Service, our Commercial Terms will apply to your purchase.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use the Service, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to the Service

We may update and change the Service from time to time to reflect changes to our products and services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw the Service

The Service is made available free of charge. We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Service for business and/or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

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

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Access to the Service

You are responsible for making all arrangements necessary for you to have access to the Service (for example ensuring you have an available internet connection).

If you become a registered user of the Service and have an account (User Account) with us, you will require a valid email address and will be asked to enter any other piece of information we deem necessary as part of our security procedures.

You must provide us with your contact details in the form of your email address, and any other details we collect from you at registration, so that we can administer the Service and your User Account. You must not impersonate or try to impersonate another person when providing us with information. If you think that someone else may have access to, or be using, your User Account without your consent, you must tell us as soon as possible by emailing us.

We have the right to disable any access credentials, whether chosen by you or allocated by us, at any time. We also have the right to suspend or terminate any User Account at any time.

By creating a User Account, you certify that all information you provide in the registration is accurate. You must have a valid email address registered with us at all times. If an email that we send to you should bounce for some reason, your User Account may be temporarily suspended until you contact us with a verifiable address.

By creating a User Account, you consent to receive regular communications from us regarding the Service. These communications will include important notifications, updates and information regarding the Site or the Service. If you do not want to receive communications regarding the Service, you must either unsubscribe for them using the Unsubscribe link which will be contained in an email sent of that nature, choose to opt out of such email in our Privacy Centre or cease to use the Service and ask us to delete your account. You can request this by emailing us.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are responsible for everything done using your User Account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the details set out on page one above under the heading Who we are and how to contact us.

Prohibited uses

You may use the Service only for lawful purposes. In particular, you may not use the Service:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm any person in any way;
• to send, knowingly receive, upload, download, use or re-use any material which is defamatory, contains any material which is obscene, offensive, hateful or inflammatory, promotes sexually explicit material, promotes violence, or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• to send, knowingly receive, upload, download, use or re-use any material which infringes any copyright, database right or trade mark of any other person;
• to send, knowingly receive, upload, download, use or re-use any material which is likely to deceive any person, be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence, promote any illegal activity, be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety, be likely to harass, upset, embarrass, alarm or annoy any other person, be used to impersonate any person, or to misrepresent your identity or affiliation with any person, gives the impression that it emanates from us, advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You also agree:

• not to reproduce, duplicate, copy or re-sell any part of the Service;
• not to access without authority, interfere with, damage or disrupt:
  • any part of the Service;
  • any equipment or network on which the Service is stored;
  • any software used in the provision of the Service; or
  • any equipment, network or software owned or used by any third party;
• not to reverse engineer or reverse compile any of the technology used to provide you with the Service, including but not limited to, any applications associated with the Service;
• not to do or say anything that would bring the Service, Javelin or ION into disrepute.

How you may use material on the Service

We are the owner or the licensee of all intellectual property rights in the Site and the Service, and in the material published on it. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.

You must not modify the paper or digital copies of any materials 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.

Our status(and that of any identified contributors) as the authors of content on the Service must always be acknowledged.

You must not use any part of the content on the Service for commercial purposes without obtaining a licence to do so from us or our licensors.

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

By using the Service, you agree to grant us, a non-exclusive, royalty free and worldwide licence to use the information, materials, data and other content that you provide via the Service (Content). We may use, modify, display, distribute and create derivative materials using the Content for the purpose of providing the Service to you.

Do not rely on information appearing on the Site or provided as part of the Service

Contributed data, analytics, charts, data visualisations and other materials posted within our Service are provided for general information only.  Content within the Service is not, and should not be construed as, financial or other professional advice.  You should not rely on the content within our Service as the basis for making a financial decision.  You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Service.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our Service, or by anyone who may be informed of any of its contents.

The Service

The Service consists of the Javelin application and the content available within. If a third party is using the Service to perform functions or provide you with advice, then that advice is a separate service provided and is not a part of the Service. Javelin has no responsibility for and is not liable for any advice or service provided by another third party.

Although we make reasonable efforts to update the information on the Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site or as part of the Service is accurate, complete or up to date.

We are not responsible for websites we link to

Where the Service contains links to other sites and resources provided by third parties, these links are provided for your information only.  Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.  We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on the Service do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us using the details set out above.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• 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.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or the Service to you, which will be set out in our Terms of Sale.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to the Service or any content on it.
• 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:
  • use of, or inability to use, the Service; or
  • use of or reliance on any content displayed on the Service.
• In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide the Service for business use. You agree not to use the Service for any commercial or business purposes other than for the one stated by you for which the Service would be used and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity for that purpose.

Indemnification

You agree to indemnify us against any and all claims, losses, damages, expenses and costs(including legal fees and expenses) arising out of or in connection with your use of the Service in breach of these Terms, or infringement of third party rights, except to the extent that we have breached these Terms or been negligent.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy. By using the Service, you consent to such processing and you warrant that all data provided by you is accurate and up to date.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Site and the Service will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access the Service. You should use your own virus protection software. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, or on any website linked to it.  You must not misuse the Site or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server(s) on which the Site or any part of it is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack or in any other way. By breaching this provision, you would commit a criminal offence 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 the Service will cease immediately.

Rules about linking to the Service

You may link to the Site home page of the Service, 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 away as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Site in any website that is not owned by you.

Our Site must not be framed on any other Site, nor may you create a link to any part of the Service other than the homepage of the Site.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Site other than that set out above, please contact us using the details set out at the start of these terms.

Where the Service contains links to other sites and resources provided by anyone other than Javelin, these links are provided for your information only.  We do not recommend and have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Which country's laws apply to any disputes?

If you are a consumer, please note that these Terms of Service, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Terms of Service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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