Standard Terms and Conditions for use of the web site www.xybax.com

1. GENERAL
1.1. This website is the property of Xybax
1.2. You acknowledge that the Internet or Xybax systems, services and equipment that these terms apply to your use of xybax.com and all its Content both irrespective of the delivery platform you use - e.g. desktop PC, laptop, mobile device, PDA or otherwise - and irrespective of how the Content is delivered to you - e.g. via web browser, WAP browser, email, SMS or otherwise. By accessing Xybax.com you are agreeing to the terms and conditions below. If you use xybax.com in the course of your business, you are also agreeing to these terms and conditions on behalf of that business.
Xybax and you acknowledge that Xybax will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services encountered whilst engaging this website.
1.3. If you do not agree with the terms and conditions (or are not authorised to do so) you should not use Xybax.com. If you have any questions please contact info@xybax.com

2. CHANGES
2.1. Xybax may make changes in or withdraw any of the services described in this website and at any time without notice.
2.2. The services which Xybax offers and Xybax shall not be obliged to maintain or continue any services offered to candidates on this website. Without prejudice to the generality of the foregoing, Xybax reserves the right to suspend or cancel the provision of any service to any particular or potential client for any reason whatsoever.
2.3. Xybax reserves the right to change these terms and conditions of use by changing them on this website.

3. INFORMATION AND EMAILS YOU SEND US OR SUBMIT
3.1. You should ensure that information you send to us is accurate and does not breach anyone else’s right such as copyright or is libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal or infringes the rights of other people or is in any way illegal.
3.2. Xybax accepts no responsibility or liability for the use by any agency, employer or other third party of any information about you forwarded to any third party which comes to your attention directly or indirectly through your use of this website.
3.3. If you communicate by way of email via this website, you consent to Xybax monitoring the contents of any email sent by virtue of the use of this website.

4. LINKS
4.1. Xybax does not make any representation as to the security, quality or propriety of any website which may be accessed through this website. Linked websites accessed through this website are independent websites over which Xybax does not exercise any control, whether financial, editorial or of any other kind and are not in any way endorsed by Xybax.
4.2. Accordingly Xybax has no responsibility or liability to you in respect of any products or services purchased or obtained by you from any such linked website nor in respect of the use of any personally identifying information by any such linked website or its owner.

5. COPYRIGHT
5.1. This website contains copyright material, trade names and other proprietary information, including but not limited to, design, text, software and graphics. The entire contents of this website are protected by copyright law. Xybax, or its licensors, own copyright and/or database rights in the selection, co-ordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided below.
5.2. You may download information from the website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copyright, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.

6. VIRUSES ETC
Xybax will not be liable to you for any direct, indirect, consequential, special or other damage resulting from the transmission from this website to your computer systems of viruses, worms, trojan horses or other destructive items, however caused, such damage to include, without limitation, loss of profits, interruption to business, loss of the whole or any part of a programme or any data howsoever stored whether saved on a computer system or otherwise.

7. TRADE NAMES
Xybax and its logos on this site are trade names of Xybax Limited. You may not use these names or logos without Xybax consent.

8. HOW XYBAX PROTECTS AND USES INFORMATION WHICH XYBAX HOLDS ABOUT YOU
The Internet is not a secure medium. However, Xybax will use its reasonable endeavours to keep the personal information it receives about you confidential although nothing in these terms and conditions shall restrict or prohibit Xybax disclosing personal information in circumstances where you have expressly or by implication given your consent to do so. Xybax uses your information in accordance with its Privacy Policy (click to view) from time to time and you consent to the use of your information in such way.

9. LOSSES RESULTING FROM UNAUTHORISED ACCESS TO YOUR DATA
You accept the risk that data transmitted electronically via the website or otherwise may be intercepted before reaching its intended destination or accessed by unauthorised third parties and may be exploited unlawfully by such third parties. Xybax does not assume responsibility for guarding against the acts of such third parties and shall not be liable for any direct, indirect, consequential, special or other damage resulting from third parties’ interception of or access to data of whatever nature.

10. LIABILITY
10.1. The information contained in this site may contain technical inaccuracies and typographical errors. All information made available from within this website is provided without warranty of any kind, either express or implied on the part of Xybax.
10.2. Xybax excludes all liability it may have to you to the fullest extent permitted by law (and whether such liability arises in contract, tort or otherwise) as a result of your use of this website.
10.3. Nothing in these terms and conditions shall exclude Xybax liability for death or personal injury due to its negligence or for fraudulent misrepresentation.

12. GOVERNING LAW
If not actually the case, the contract under which you use this website shall be deemed to have been made in England and the construction, validity and performance of these terms and conditions of use shall be governed in all respects by English law and the English courts shall have non-exclusive jurisdiction in respect of any dispute between you and Xybax concerning your use of this website.

last updated 14 April 2006