Terms and Conditions

 

These are the Terms and Conditions of the use of our Website (as defined below).

Please read them carefully because they form a legal agreement between you, the User of this Website, and Agily3 Limited, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

The most current version of these terms is dated below but we may change them from time to time without giving you notice, so you must read these terms every time you use this Website.

For information on how we will use your personal data, please see our privacy policy.

1. Definitions and interpretations

In this Agreement the following terms shall have the following meanings:

  • "Agily3 Ltd" means Agily3 Limited a company registered in England and Wales under the number 9441998 and registered at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom.
  • "Beta Service" means version of the System that is made available before its general release.
  • "Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.
  • "Service" means collectively any online facilities, tools, services or information that Agily3 Limited makes available through the Website either now or in the future.
  • "System" means any online communications infrastructure that Agily3 Limited makes available through the Website either now or in the future. This includes, but is not limited to, web-based application, message boards, live chat facilities and email links.
  • "User"/"Users" means any third party that accesses the Website and is not employed by Agily3 Limited and acting in the course of their employment.
  • "Website" means the website that you are currently using (www.agily.io or www.agily3.co.uk) and any sub-domains of this site (e.g. blog.agily.io, app.agily.io ) unless expressly excluded by their own terms and conditions.

2. Intellectual Property

2.1 All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Agily3 Limited, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Agily3 Limited.

2.3 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

3. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Agily3 Limited or that of our affiliates. We assume no responsibility for the content of such Website s and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

4. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.agily.io without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Agily3 Limited. To find out more please contact us by email at admin@agily3.co.uk or by Phone +44 (0) 203 286 4041.

5. Privacy

Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link.

6. Disclaimers

6.1 Agily3 Limited makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

6.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

7. Availability of the Website

The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the Law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Agily3 Limited accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

8. Limitation of Liability

8.1 To the maximum extent permitted by Law, Agily3 Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

8.2 Nothing in these terms and conditions excludes or restricts Agily3 Limited's liability for death or personal injury resulting from any negligence or fraud on the part of Agily3 Limited.

8.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal

9. Disclaimer

9.1 The Beta Service is provided “as is” and “as available” without warranty of any kind whatsoever.

9.2 Agily3 Limited reserves the rights to make changes and updates to the Beta Service at any time without notice.

9.3 Agily3 Limited does not warrant that any Beta Service will satisfy the Customer requirements that any Beta Service is without defect, error free or without delay, or that the operations of any Beta Service will be uninterrupted.

9.4 Agily3 Limited is under no obligation to provide any support, maintenance releases, updates or new versions of the Beta Service.

10. Confidential Information

Agily3 Limited do not wish to receive any information of a confidential or proprietary nature from the Users through the Website. Any such information the Users send to Agily3 Limited will be deemed by Agily3 Limited not to be confidential in nature. The Users will have granted Agily3 Limited an irrevocable licence to use, display, modify, transmit or distribute such information in any manner Agily3 Limited decides. To learn more about how Agily3 limited deals with personal information, such as names or addresses, see our Privacy Policy.

11. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

12. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

13. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to admin@agily.io. Such notice will be deemed received 3 days after posting if sent by First Class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday

14. Law and Jurisdiction

These terms and conditions and the relationship between you and Agily3 Limited shall be governed by and construed in accordance with the Law of England and Wales and Agily3 Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

This document was last updated on the 25th of February 2016.