COMPANY

Terms of Use

Legal Terms of Use 

Please read this section carefully as it contains the legal terms and conditions that you agree to when you use this Site.

This website (“Site”) is operated by (Sungard Availability Services (UK) Limited (company number 02993186), whose registered office is at Heathrow Corporate Park, Green Lane, Hounslow, Middlesex, TW4 6ER.

In return for allowing you access to this Site, we impose and require you to accept the terms and conditions of use set out in this notice. Once you use this Site you will be regarded as having accepted these terms. If you are not prepared to agree to these terms then you must immediately leave this Site and you may not use or access our services.

Please also refer to our Privacy Policy.

Availability of the Site

We have taken every care in the preparation of the Site. However, as certain technical matters may be beyond our control, we cannot guarantee that you will have uninterrupted access to the Site at all times or that there will be no delays, failures, errors or omissions or loss of transmitted information. 

Prohibited Uses

You may use our site only for lawfulpurposes.  You may not use our site:

  • 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 minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • 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.

You also agree not to:

  • reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms.
  • access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.  You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).

Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be 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.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these terms of use of our website through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate.  
Failure to comply with this terms of use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • 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.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this terms of use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Information on the Site

The Content of the Site has been provided in good faith for general informational purposes only. It should not be relied upon for any specific purpose and no representation or warranty is given as to its accuracy or completeness. We may change the information on the Site at any time without notice. Our obligations and liability in respect of any of our products and services will be governed by the contracts under which we provide them.

Ownership of Materials on the Site

All information, documents, products, software, services and other materials (the "Content") provided on this Site are the property and copyrighted work of Sungard AS or a third party developer, author, manufacturer or vendor (a "Third Party Provider"). Except as stated in these Terms, none of the Content may be copied, downloaded, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying or recording, without our prior express written permission or that of the Third Party Provider. No part of this Site, including but not limited to any logo, graphic, sound or image, may be reproduced or retransmitted in any way, or by any means, without our prior express written permission. You also may not, without our prior express written permission, "mirror" any Content on any other server.

Except as stated in these Terms, nothing on this Site shall be construed as conferring, by estoppel, implication or otherwise, any licence to any of our intellectual property rights or those of any Third Party Provider. You are responsible for obtaining any such licence. We grant you permission to display, copy, distribute and download our Content provided that: (1) the our copyright notices appear in such Content (2) the use of such Content is solely for internal and informational use and will not be copied or posted on any networked computer or broadcast in any media, and (3) no modifications of any such Content is made. If you breach any of these provisions, this permission terminates automatically without notice, and you must immediately destroy any Content in your possession or control.

External Links

We may provide links to other web sites from time to time. These links are provided for your convenience only. We do not endorse or take responsibility for the content, products or services contained or accessible through those web sites, are not responsible for the availability of the web sites and will not be liable in any way for any loss or damage which you may suffer by using those web sites. If you decide to access linked web sites you do so at your own risk. It is recommended that you view the linked website’s terms of use and/or privacy policy pages to understand how use of that website may affect you.

Disclaimer of Warranties and Liability

Except for any express warranties or undertakings given on the Site, to the maximum extent permitted by law we exclude all warranties (express or implied) in respect of the Site, its use and its content.

We make no representation or warranty that the content of the Site is free from infection by viruses or other contaminating or destructive properties and that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

We shall not be liable for any damages whether direct, indirect, special or consequential damages for any loss or damage (including, without limitation, loss of business or business interruption, loss of profits, loss of anticipated savings, loss of data or programs or any indirect or consequential loss) howsoever arising, whether in contract, tort or otherwise from any use of or inability to use this Site, or any of its content, or any other site which may be linked to from this Site.

Indemnity

You agree to indemnify and hold us and our affiliates and agents and ours and their respective officers, directors and employees harmless from any claim or demand, including legal fees and expenses made by any third party due to or arising out of your breach of this Agreement or your violation of any law or rights of third party.

Amendment of the Terms

We reserve the right to amend these Terms without notice from time to time. Any amendment shall be effective once the revised terms have been posted on the Site.

Applicable law

These Terms are governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English Courts.
The laws of your country may be different from English law and there may be additional legal requirements for you to use our Site or services. You must comply with all applicable local and international laws, statutes and regulations regarding your use of our Site and services. We cannot monitor the laws of every country and it is your responsibility to ensure that your use of our Site and services is legal.

Comments

If you have any comments or questions about our Site please contact us at infoavail@sungardas.com

Trademark Information: Sungard Availability Services is a trademark of SunGard Data Systems or its affiliate, used under license. The Sungard Availability Services logo by itself is a trademark of Sungard Availability Services Capital, Inc. or its affiliate.

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