This licence agreement (Licence)
is a legal agreement between you and Mondra Global Limited (company number
11368668) (we, us, or our). We are a limited company
incorporated England and Wales with our registered office at c/o DMH Stallard, LLP, 11th
Floor, 6 New Street Square, New Fetter Lane, London, EC4A 3BF, United Kingdom.
This Licence sets out the rules under which you, as a user
authorised by one of our clients, are entitled to access our platform at https:\\mondra.com
(our Platform) and the information and materials provided through our Platform
(Materials). It is a condition of allowing you to access our Platform
and the Materials that you comply with this Licence.
AGREED TERMS
1. GRANT AND SCOPE OF LICENCE
1.1 In return for you agreeing to comply with the terms of this Licence, we
grant to you a non-exclusive, non-transferable licence to use our Platform and
the Materials in the UK on the terms of this Licence for an ongoing period
until terminated in accordance with this Licence, for the internal business
purposes of our client only.
1.2 We license use of the Materials to you on the basis of this
Licence. We do not sell the Materials to you. We (or our licensors) remain the
owners of the Materials at all times.
2. RESTRICTIONS
2.1 Except as expressly set out in this Licence or as
permitted by any local law, you undertake:
(a) to keep your password for our Platform confidential and not share it with any other person;
(b) not to copy the Materials, except where such copying is incidental to normal use of our Platform or where it is necessary for the purpose of back-up or operational security;
(c) not to rent, lease, sub-licence, loan, translate, merge, adapt, deface, mark, alter, modify, vary (including varying the sequence of) damage or destroy in any way of the Materials;
(d) not to download or print copies of any
Materials from our Platform except to the extent that the print capability has
been enabled as indicated on our Platform, and provided that you use any such
downloads or copies strictly for your own private study use only;
(e) not attempt to disable the protection software
associated with the Platform;
(f) ensure that you close the browser and log out when you have finished using the Platform;
(g) not deface, , mark, alter, modify, vary (including varying
the sequence of), damage or destroy in any way any Materials;
(h) not to attempt to scan, photograph or otherwise capture any of
the Materials, except as provided in clause 2(d); and
(i) not to disassemble, de-compile, reverse engineer or
create derivative works based on the whole or any part of the Platform nor
attempt to do any such things.
3. INTELLECTUAL PROPERTY RIGHTS
You acknowledge
that all intellectual property rights in our Platform and the Materials
throughout the world belong to us or our licensors, that rights in the
Materials are licensed (not sold) to you, and that you have no intellectual
property rights in, or to, our Platform or the Materials other than the right
to use our Platform and the Materials in accordance with the terms of this
Licence.
4. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
4.1 If we fail
to comply with these terms, we are responsible for loss or damage you suffer
that is a foreseeable result of our breaking this Licence or our failing to use
reasonable care and skill, but we are not responsible for any loss or damage
that is not foreseeable. Loss or damage is foreseeable if either it is obvious
that it will happen or if, at the time this Licence was made, both we and you
knew it might happen.
4.2 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 or for
fraud or fraudulent misrepresentation.
4.3 If you use
our Platform or the Materials for any commercial, business or resale purpose we
will have no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
4.4 You acknowledge
that our Platform and the Materials have not been developed to meet your
individual requirements, and that it is therefore your responsibility to ensure
that our Platform and the Materials meet your requirements.
5. TERMINATION
5.1 We may terminate
this Licence immediately by written notice to you if you commit a material or
persistent breach of this Licence which you fail to remedy (if remediable)
within 14 days after the service of written notice requiring you to do so.
5.2 We may terminate
this Licence immediately by written notice to you if:
(a) the subscription
agreement between us and our client, under which you are authorised to access
to our Platform and the Materials, terminates for any reason;
(b) our client
declines to renew your access to our Platform and the Materials; or
(c) our client directs us to terminate your access to our Platform and the
Materials.
5.3 Upon termination for any reason:
(a) all rights
granted to you under this Licence shall cease, and you must cease all activities authorised by this Licence; and
(b) you must immediately
delete or remove the Materials from all computer equipment in your possession
and destroy all copies of the Materials then in your possession, custody or
control.
6. COMMUNICATIONS BETWEEN US
6.1 If you wish
to contact us, you can email us or write to us by pre-paid post to Mondra
Global Limited at c/o DMH
Stallard, LLP, 11th Floor, 6 New Street Square, New Fetter Lane,
London, EC4A 3BF, United Kingdom.
6.2 If we
have to contact you or give you notice in writing, we will do so by email to
the address you provided when signing into the Platform.
7. HOW WE MAY USE YOUR PERSONAL INFORMATION
8. OTHER IMPORTANT TERMS
8.1 We may
transfer our rights and obligations under this Licence 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. You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
8.2 This Licence does not give rise to any rights under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of this Licence.
8.3 Each of
the conditions of these terms operates separately. If any court or relevant
authority decides that any of them are unlawful, the remaining conditions will
remain in full force and effect.
8.4 If we do
not insist immediately that you do anything you are required to do under this
Licence, or if we delay in taking steps against you in respect of your breaking
this contract, that will not mean that you do not have to do those things and
it will not prevent us taking steps against you at a later date.
8.5 This Licence
is governed by English law and you
can bring legal proceedings in respect of it in the English courts. If you live
in Scotland you can bring legal proceedings in respect of it in either the
Scottish or the English courts. If you live in Northern Ireland you can bring
legal proceedings in respect of it in either the Northern Irish or the English
courts.