zioxi Terms and Conditions of Sale
(see below for zioxi Terms and Conditions of Website use)
|1.1 “Conditions” these terms and conditions
1.2 “Consumer” means a Customer who purchases or licences Products for its own private use
1.3 “Customer” means a purchaser or licensee of the Products
1.4 “Hardware” the equipment to be purchase
1.5 “Products” any Hardware sold or licensed by zioxi
1.6 “zioxi” zioxi Ltd
1.7 “Service” means a service that continues over a period of time determined by zioxi.
|2. TITLE TO THE HARDWARE|
|2.1 Notwithstanding delivery, installation and acceptance, title to the Hardware shall not pass to the Customer but shall be retained by zioxi until full payment for the Products has been received by zioxi from the Customer.
2.2 Until such time as title in the Hardware has passed to the Customer, zioxi:
2.2.1 shall have absolute authority to retake, sell or otherwise deal with or dispose of any or part of the Hardware; and
2.2.2 for the purpose specified in (b)(i) above, zioxi or any of its agents or authorised representatives shall with reasonable cause be irrevocably entitled at any time and without notice to enter upon any premises in which the Hardware or any part thereof is installed, stored or kept, or is reasonably believed so to be; and
2.2.3 shall be entitled to seek a Court injunction to prevent the Customer from selling, transferring or otherwise disposing of the Hardware.
|3. HARDWARE WARRANTY|
|3.1 Unless otherwise specified zioxi warrants to the Customer that the Hardware supplied hereunder by zioxi is free from defects of workmanship and materials for the period set out below which commences on installation by zioxi or on delivery of Hardware if not to be installed by zioxi. If the Customer delays installation by zioxi for more than 30 days from delivery, installation shall be deemed to have occurred on the thirtieth day following delivery. zioxi undertakes subject to Paragraphs 3.3, 3.4 and 3.5 below to repair or, at its option, to replace the hardware purchased hereunder which zioxi has on inspection found to be defective:
3.1.1 for a minimum of one (1) year and as specified by the manufacturer in the case of third party products; and
3.1.2 otherwise for at least one (1) year provided that zioxi may vary the warranty periods and service level at its discretion from time to time as published in the zioxi Price List or Product Specification sheet applicable at the time of purchase.
3.2 Each claim by the Customer under this warranty shall be notified to zioxi within the warranty period specifying the date of purchase of Hardware and nature of defect. On notification, zioxi or its agents or representatives shall have the option of telephone diagnostics and remote resolution. Should further testing, inspection, repair or replacement be required, zioxi shall have the option of providing such service on-site at the Customer’s location or of having the Hardware returned to zioxi or such other address as may be notified to the Customer freight pre-paid. Replacement parts or Hardware shall be sent by zioxi to the Customer ordinary freight pre-paid, subject always to 3.3, 3.4 and 3.5 below.
3.3 On-site service is only available within the UK mainland and islands connected by road bridges.
3.4 In the event of any claim presented under warranty being found on investigation by zioxi either to be outside the scope or duration of this warranty or the fault not being confirmed, then the cost of such investigation and repair shall be borne by the Customer.
3.5 zioxi shall not be liable at any time for damage or defects in the Hardware or parts caused by:
3.5.1 improper use or installation; or
3.5.2 use of the Hardware outside the specifications detailed in the documentation relating to the Hardware; or
3.5.3 outside the specific application of the Hardware; or
3.5.4 where Hardware has been repaired or modified by persons not authorised by zioxi.
|4.1 In respect of a Service, the term shall begin on the date the Customer order is accepted by zioxi (or such date agreed in writing by zioxi) and shall continue for the period of time described in the order acceptance issued by zioxi (“Initial Term”). At the end of the Initial Term the Service shall automatically renew for consecutive periods of time commensurate with the Initial Term (“Subsequent Term”). zioxi will allow a Service to lapse at the end of its Initial or Subsequent Term provided the Customer gives zioxi at least 30 days notice prior to the expiry date of the Service. zioxi reserves the right to charge an additional administration fee to set up or renew any Service where the Customer has opted out of the aforementioned automatic renewal provision.|
|5.1 Unless specifically agreed in writing and authorised by a Director of zioxi these Conditions shall supersede all Terms and Conditions of the Customer. These Conditions shall constitute the entire understanding between the parties and (for the avoidance of doubt) acceptance of deliveries of the Products hereunder shall constitute acceptance by the Customer of these Conditions. No liability shall attach to zioxi its agents or employees in respect of any representations made or advice given with regard to Products to be supplied unless confirmed in writing and signed by a Director of zioxi. zioxi shall not be obliged to accept any orders placed by the Customer and zioxi shall be under no legal obligation to fulfil any order until such order has been accepted by zioxi in accordance with clauses 9 and 24.5.2 zioxi reserves the right to amend these Conditions from time to time without notice by updating the same on its website zioxi.co.uk.|
|6. CANCELLATION / RETURNS|
6.1 The Customer may cancel an order after acceptance of the order by zioxi in accordance with these Conditions, but before delivery of the Product and zioxi shall be entitled to charge the Customer a cancellation fee of up to but not greater than the total order value such cancellation fee to be calculated by zioxi at its sole discretion.6.2 The Customer may cancel an order for a Service in accordance with relevant terms of service ;or in any event:
6.2.1 by a Consumer within 7 days under the Regulations, provided that the service has not commenced; or
6.2.2 by any Customer (other than a Consumer) only by agreement with zioxi, such agreement to be at zioxi’ sole discretion.
6.3.1 is free from damage, is in its original condition and original delivery packaging including pallets where appropriate;
6.3.2 is received by zioxi within 28 days of the date the Product was delivered to the Customer; and
6.3.3 the Product is not identified in the list of Products exceptions below.
6.4 Returns of the Products listed below will not be accepted:
6.4.1 Products made to the Customers own specification; or
6.4.2 such other Products identified in the zioxi Returns Policy from time to time.
6.5 The Customer must take reasonable care of the Product whilst it is in the Customer’s possession and must take reasonable steps to protect the Product from damage whilst in transit. In all events the Customer will be responsible for the cost of returning the Product to zioxi.
6.6 If the Customer fails to comply with this obligation, zioxi may, at its discretion, refuse to issue a credit or reduce the value of the credit.
6.7 Provided a returned Product complies with the conditions set out in clause 6.3, zioxi shall issue a credit for the price paid for the Product, excluding the original cost of delivering the Product and a re-stocking and administration charge which will be advised. Payment will be within 30 days from the date the product is received by zioxi.
Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”)
6.8 In addition to the rights set out above, a Consumer may cancel an order under the Regulations by giving zioxi written notice within seven (7) working days, beginning on the day after receipt of the Products. In this case, zioxi will issue a refund of the price paid for the Products, including the original cost of delivering the Product, within thirty (30) days from the date of notice is given. The Regulations and this clause 6.8 do not apply to those Products listed in clause 6.4.
6.8.1 The Consumer must take reasonable care of the Product whilst in its possession and must take reasonable steps to protect the Product from damage whilst in transit. If the Consumer does not comply with this obligation zioxi may have a right of action against the Consumer for compensation.
|7.1 Unless a written quotation has been given (whereupon the price quoted will be fixed for a period of thirty days or such other period as is specified therein) the prices for the Products are subject to alteration without notice and the price charged to the Customer will be that applicable at the date of zioxi’s acceptance of the order. Orders are not binding upon zioxi until accepted by zioxi. All prices are exclusive of Value Added Tax (and any similar tax) packing carriage insurance and installation. Where applicable these will be added as separate items on zioxi’s invoice.
7.2 Orders will be deemed accepted and binding on both parties as follows:
7.2.1 where an authorised officer issues written acceptance to the Customer, at the point of such acceptance; or
7.2.2 in all other circumstances, at the point that zioxi commences delivery of the Product in question or on the commencement of purchasing &/or manufacturing where the Products are to be made to the Customer’s own specification.
In particular, but without limitation to the generality of the foregoing, the generation of any automatic electronic responses shall not constitute acceptance of an order.
|8.1 Unless otherwise notified to the Customer in writing by zioxi, the Customer shall pay for Products at the time of order. Alternatively, unless otherwise notified, where the Customer is invoiced by zioxi, the following terms apply:
8.1.1 where the order value is £5000 or greater, zioxi will invoice the Customer for 50% of the order value at the point of order; and 50% of the order value on despatch of the goods (UK customers) or where the Customer is domiciled outside of the UK, the agreed INCO 2010 term is to apply.
8.1.2 where the order value is less than £5000, zioxi will invoice the Customer for the full order value on despatch of the goods (UK customers) or where the Customer is domiciled outside of the UK, the agreed INCO 2010 term is to apply.
The Customer shall pay all invoices within thirty (30) days of the date thereof (time being of the essence). Terms of payment are within zioxi’ sole discretion and unless otherwise agreed to by zioxi, payment may be received by zioxi prior to zioxi’s acceptance of an order in accordance with these terms. zioxi reserves the right to charge interest at the lower rate of (a) 8% per annum above the Bank of England base rate or (b) the highest rate applicable under the Governing Law, from time to time on any payment or any part payment overdue calculated from the date due and to recover its expenses including legal fees and costs of collection and to suspend delivery, performance of any warranty or (at zioxi’s option) forthwith to determine the same. zioxi has no obligation to provide service or support until zioxi has received full payment for the Product or services or support that the Customer has purchased. In the event of snagging issues being outstanding at the time an invoice is due for payment, then by agreement with zioxi at zioxi’ sole discretion upto 5% of the invoice value may be withheld by the Customer but only until the snagging issues are satisfactorily resolved when immediate payment is then due.
|9. DELIVERY AND INSTALLATION|
|9.1 Dates for delivery of the Products are estimates only and are subject to zioxi’s availability schedule. zioxi shall make every reasonable effort to meet any delivery date(s) acknowledged but shall not be liable for failure to meet such date(s).9.2 Where zioxi installs Hardware, zioxi shall perform the standard inspection diagnostic checks. For Hardware, designated by zioxi as Customer installable the Customer shall be responsible for the installation of Hardware in accordance with instructions provided by zioxi.9.3 All deliveries shall be made between 09.00 hours and 17.00 hours (“working hours”) Monday to Friday inclusive excluding Public Holidays. If the Customer requires delivery to be made outside such times an additional charge shall be payable. zioxi reserves the right to make partial deliveries.|
|10. DAMAGES, SHORTAGES OR LOSS IN TRANSIT|
|The Customer shall inspect the Products immediately on delivery and zioxi will accept responsibility for damages, shortage or loss in transit only if:
10.1 Such loss or damage is noted on the consignment note or delivery document upon receipt, and copies provided to zioxi or is notified in writing to zioxi in cases of outwardly non visible loss or damage to unchecked Products to arrive in either case within five (5) working days from receipt of the Products by the Customer; and
10.2 In cases of suspected damage in transit the added packaging is retained for inspection; and
10.3 The Products are handled by the Customer in accordance with zioxi’s or the carriers conditions of carriage or handling stipulations.Where zioxi accepts responsibility under this clause zioxi shall at its option replace or repair any Products proved to zioxi’s satisfaction to have been lost or damaged in transit.
|11. ACCEPTANCE OF PRODUCTS|
|11.1 For zioxi installed Products, satisfactory completion of zioxi’s standard test procedure and an Acceptance Form signed by the Customer and zioxi will be sufficient to establish acceptance.
11.2 If the acceptance Form is not signed by the Customer within seven (7) days after physical installation of the Hardware and in the absence of written notification of valid reasons justifying non acceptance, the Customer shall be deemed to have accepted the Products on the eighth (8th) day.
11.3 If installation is not performed by zioxi, zioxi shall be under no obligation to perform any acceptance test procedures and the date of acceptance shall be the date of delivery to the Customer.
|12. PASSING OF RISK|
|Subject to Clause 6 risk of loss and damage shall pass from zioxi to the Customer upon delivery of Products to the Customer or its agent.|
|13. CONFIDENTIAL INFORMATION|
|Customer agrees to maintain in confidence and not disclose, reproduce or copy any materials, documentation or specifications which are provided to the Customer hereunder the Customer shall take all reasonable steps to ensure that its employees are bound by the same obligations and that such obligations ensure beyond any termination of employment with the Customer.|
|14. INTELLECTUAL PROPERTY RIGHTS|
|14.1 If notified promptly in writing of any action (and all prior claims relating to such action) brought against the Customer, based on a claim that the Customer’s use of Products infringes a United Kingdom patent or copyright, zioxi will defend such action at its expense and pay the costs and damages awarded, provided that zioxi shall have sole control of the defence of any such action and all negotiations for its settlement or compromise. At any time during the course of any litigation arising out of a claim of infringement for a United Kingdom patent or copyright, or if in zioxi’s opinion, a Product is likely to become the subject of a claim of infringement of a United Kingdom patent or copyright, zioxi will at its option and expense either procure for the Customer the right to continue using the Product, replace or modify the same so that it becomes non-infringing, or grant the Customer a credit for the Product as depreciated and accept its return. Depreciation will be an equal amount per year over the lifetime of the Product as established by zioxi. zioxi will not have any liability to the Customer under any provision of this clause if the infringement or claim thereof is based upon:-
14.1.1 use of Products in combination with other equipment or software not supplied by zioxi; or
14.1.2 the use of Products in carrying out any patented process; or
14.1.3 infringement as described in 16.3 below.
14.2 The foregoing states the entire liability of zioxi with respect to infringement of patents or copyrights by Products or any part thereof or by their operation. No costs or expenses will be incurred for the account of zioxi without the prior written consent of zioxi.
14.3 The Customer will hold zioxi harmless against any expense, judgement or loss of infringement of any patents, copyrights or trademarks which results from zioxi’ compliance with Customer’s designs specifications or instructions.
|15. zioxi LIABILITY|
|15.1 Products have been manufactured or developed by zioxi or third parties to standard specifications. The Customer accepts that zioxi is acting only as a supplier and that it is the Customer’s responsibility to verify that the Hardware will be suitable for its own requirements. There are no warranties, conditions, guarantees or representations as to description merchantability or fitness for a particular purpose or other warranties, conditions, guarantees or representations whether express implied by statute or otherwise oral or in writing except as provided herein and except as to statute implied terms as to title.
15.2 Notwithstanding 15.1 above the remedies set out in this Agreement do not apply to consumer transactions except in so far as they add to Customer’s rights implied by statute. In relation to such transactions the rights and obligations of zioxi and the Customer in respect of defects in any Products supplied by zioxi to the Customer under this agreement, the fitness for any particular purpose of such Products and the correspondence of such Products with any description or sample shall be determined by the Terms and Conditions implied by Statue.
15.3 Notwithstanding 15.1 and 15.2 above all rights which the Customer may have under the Consumer Protection Act 1987 and the Consumer Protection (Distance Selling) Regulations 2000 are in addition to those set out in this Agreement.
15.4 If zioxi is unable other than through the act or default of the Customer within a reasonable time to replace or repair the defective Hardware in accordance with the warranty set forth herein and where the Hardware in question is totally unusable due to the defect or non-conformity the Customer may reject it and upon its return to zioxi’s premises is entitled to recover the purchase price of the Hardware as appropriate.
15.5 zioxi shall be liable for death or personal injury arising from the use of Products to the extent that it results from the negligence of zioxi or its employees. zioxi shall also be liable to the Customer for any other direct loss of or damage to tangible property caused solely by the negligence of zioxi or its employees subject always to the maximum aggregate liability of zioxi under this Agreement or in connection with the supply of any products or services under it, whether in respect of contract, tort or otherwise in relation to any successful claim made on zioxi by the Customer not exceeding the amount received by zioxi from the Customer in respect of sale of the products and services to which the claim relates.
15.6 The Customer agrees that zioxi will not be liable for any loss arising out of the provision of goods or services by any company organisational person other than zioxi or for any loss caused by the Customer’s failure to perform his obligations in relation to this agreement.
15.7 zioxi shall not in any event be liable for any indirect, special or consequential loss, howsoever arising (including but not limited to loss of anticipated profits or of data) in connection with or arising out of the supply, functioning or use of the Hardware even if zioxi shall have been advised of the possibility of such potential loss and shall not be liable for any loss except as provided for in this agreement.
15.8 Except in respect of the liability of zioxi for death or personal injury resulting from the negligence of zioxi or its employees or a claim under 15.2 or 15.3 above or in respect for a claim for non-payment of monies due under this agreement no action regardless of form arising out of the transactions in relation to this agreement may be brought by either party more than 2 years after the cause of action has accrued.
|16. EXPORT CONTROL|
|Under regulations governing United Kingdom trade and by virtue of its agreements with suppliers, zioxi requires to be pre-notified of shipments outside the United Kingdom. Customer is required to obtain all necessary licences prior to export. Delivery of Products is subject to all such authorisations being available at the time of delivery. zioxi will provide the required data or at its option seek to obtain the relevant licences on behalf of the end user.|
|zioxi reserves the right to change specifications of Products at any time and without notice and to supply Hardware which differs from the specifications agreed between zioxi and Customer provided that such substitutions do not materially affect the performance of the Products.|
|18.1 zioxi shall have the right, without prejudice to any other remedies, at any time by giving notice in writing to the Customer to terminate forthwith this agreement, including any Service in any of the following events:-
18.1.1 if the Customer fails to pay any sums to zioxi on the due date of payment; or
18.1.2 if the Customer commits any other breach of any of the Conditions provided that if the breach in question is one which the Customer can effectively remedy then the said notice of termination shall not be effective to terminate this agreement unless the Customer fails within thirty (30) days of the date of such notice effectively to remedy the breach complained of; or
18.1.3 if the Customer ceases to carry on business or substantial part thereof, commits an act of bankruptcy or is adjudicated bankrupt or enters into liquidation whether compulsory or voluntary other than for the purposes of amalgamation reconstruction or compounds with its creditors generally or has a receiver or manager appointed over all or any part of its assets or suffers execution or distress or takes or suffers any similar action in consequence of debt or becomes unable to pay its debts as they fall due.
|19.1 Neither party shall be liable to the other for any delay in or failure to perform its obligations hereunder (other than a payment of money) provided that such a failure is due to causes beyond its reasonable control.
19.2 Failure by zioxi to exercise or delay exercising any of these Conditions shall not constitute or be deemed to be a waiver of zioxi’s rights hereunder nor prejudice zioxi’s rights to take subsequent action.
19.3 The headings in these Conditions are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of these Conditions.
19.4 The invalidity or unenforceability for any reason of any part of these Conditions shall not prejudice the continuation in force of the remainder thereof.
19.5 The Agreement set out in these Conditions shall not be assigned by the Customer without the prior written consent of zioxi. Any such attempt to assign shall be void.
19.6 Any notice required to be given under these Conditions shall be in writing and shall be sent to the address of the Customer set out in each sales order (for notices to be sent to the Customer) or the registered office of zioxi (for notices sent to zioxi).
19.7 Where the customer comprises two or more persons their liability and obligations to zioxi shall be joint and several.
|20. RIGHTS OF THIRD PARTIES|
|Both parties expressly agree to waive any rights that they may have under the Contracts (Rights of Third Parties) Act 1999 to bring a claim in respect of any other agreement entered into between the parties to this Agreement in relation to the subject matter of this Agreement and that any third party mentioned in this Agreement either specifically or by implication shall be expressly excluded from bringing a claim under the said Act.|
|The Customer shall ensure that it and all of its staff, agents, contractors and any other party performing its obligations or exercising its rights under or in connection with this Agreement and/or any other agreement that the Customer may have with zioxi, complies at all times with all applicable anti-bribery and/or corruption laws, regulations and codes of conduct in all jurisdictions. The Customer shall, whenever requested by zioxi, provide evidence of the measures, steps and processes that it takes to ensure compliance with the provisions of this clause and the relevant laws, regulations and codes of conduct.|
|22. GOVERNING LAW|
|These Conditions shall be governed by and construed in all respects in accordance with the laws of England and Wales and both the Customer and zioxi hereby agree to the exclusive jurisdiction of the English Courts in the event of any dispute in relation thereto.|
Terms and Conditions of Website use
By accessing this website you are accepting and will be bound by the terms and conditions set out below.
1. Intellectual Property Rights
1.1 All materials (including, without limitation, all designs, text, graphics and their selection and arrangement) on this website are the copyright of zioxi Concepts Ltd (“zioxi”) or its licensor’s. No material on this website nor any part of it may be copied, reproduced, modified, transmitted, reused, re-posted or used for public or commercial purposes in any form whatsoever, whether physical, electronic or otherwise, without zioxi’s express, prior, written consent. However, where “Printer Friendly” versions of any of the pages of this website are shown to be available, you may print out those pages and keep for your own, non-commercial, use only provided that (a) you do not remove or alter any copyright and other proprietary notices contained on the materials and (b) all use is for lawful purposes only.
1.2 All brand names, product names and/or service names used in this website are trademarks, trade names, service marks or copyrights of zioxi or its licensor’s. Any use of any such brand name, product name and/or service name without the express, prior, written consent of zioxi may constitute an infringement of those rights and zioxi gives no permission for the use of any such item in any way whatsoever.
2. Limited Permission to Copy or Download
2.1 Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for your own personal, non commercial use.
2.2 No part of this website may be reproduced or transmitted to or stored in any other website nor may any of its pages or parts thereof be disseminated in any electronic or non electronic form nor be included in any public or private electronic retrieval system or service without zioxi’s express, prior, written permission.
2.3 Except to the limited extent set out above, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of this website for any other purpose whatsoever without zioxi’s express, prior, written permission.
3. Links to Other Websites
3.1 If this website provides access via hypertext or other links to resources in other websites, such links shall be for browsing only and in so doing zioxi is not responsible for and does not endorse any linked entities nor authorise any act which may be in breach of copyright or any other third party rights which are protected in law or by international treaties Worldwide. zioxi does not accept any responsibility or liability for any of the material contained on any third party website. Your linking to any other off-site pages or other sites is entirely at your own risk.
4. Information and General Disclaimer
4.1 The contents of this website are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. zioxi uses reasonable care to make sure that the information appearing on this website is accurate and up to date. However, errors and omissions do occur and you should independently verify the accuracy of the information yourself before placing any reliance upon it.
4.2 zioxi and any other party involved in producing or delivering this website make no warranty that the contents of this website are free from infection by viruses or anything else that has contaminating or destructive properties and users are advised to take all appropriate steps (including the use of up-to-date anti-virus software) to minimise the impact of any such viruses or similar items. zioxi assumes no responsibility, and shall not be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video or audio from this website.
4.3 FOR THE REASONS REFERRED TO IN PARAGRAPHS 4.1 AND 4.2 (ABOVE) AND BECAUSE zioxi DOES NOT HAVE ANY CONTROL OVER THE USE TO WHICH THE INFORMATION ON THIS WEBSITE MAY BE PUT, zioxi HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY OF ANY INFOzioxiATION CONTAINED ON THIS WEBSITE AND/OR THE AVAILABILITY OF THIS WEBSITE AND, ACCORDINGLY, zioxi SHALL HAVE NO LIABILITY (SAVE IN RELATION TO (i) DEATH OR PERSONAL INJURY ARISING THROUGH ITS NEGLIGENCE; AND/OR (ii) ANY OTHER MATTER IN RESPECT OF WHICH LAW PRESCRIBES THAT LIABILITY MAY NOT BE EXCLUDED OR LIMITED) FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING AND OF WHATEVER NATURE INCURRED IN THE USE OF THIS WEBSITE OR IN RELIANCE ON ANY INFORMATION CONTAINED ON IT INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL AND/OR LOSS OF PROFITS), ARISING IN CONTRACT, TORT OR OTHERWISE.
4.4 The provisions of paragraph 4.3 (above) shall not affect any express written warranties given by zioxi in connection with the sale of any product or service.
5. Changes to Access or Content of the Website
zioxi may alter without notice the arrangements for access to this website or change the content, presentation and/or facilities of this website.
6. Changes to these terms and conditions
zioxi may add to or change these terms and conditions. It is your responsibility as a user to refer to these terms and conditions on accessing this website. Changes will be effective immediately after posting to this website and you will be deemed to have accepted any change if you continue to access this website after that time.
7. Material Submitted by Users
7.1 In the event that any element of this website contains material submitted by users, zioxi shall not accept any responsibility for the content or accuracy of such material and the views expressed are not necessarily those of zioxi.
7.2 Any material or information transmitted to or posted to this website by any means will be treated as non-confidential and non-proprietary and may be disseminated or stored or used by zioxi for any purpose whatsoever.
7.3 Do not post or transmit to or from this website any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or racist, harmful, threatening or menacing or any other material which could give rise to any civil or criminal liability.
7.4 zioxi expressly reserves the right at any time and without notice to edit or withdraw any material posted to this website by any user for any reason whatsoever.
8. Information Security
9. Access to the Website
zioxi does not guarantee uninterrupted and/or reliable access to this website and zioxi makes no guarantees whatsoever as to its operation, availability, functionality or otherwise. Further, zioxi expressly reserves the right (without giving notice) to discontinue access to this website at any time and for any reason. zioxi shall have no liability to in the event that this website is unavailable at any time and whether such non-availability is temporary or permanent.
11. Rights of Third Parties
Both zioxi and you expressly agree to waive any rights that they may have under the Contracts (Rights of Third Parties) Act 1999 to bring a claim in respect of any other agreement entered into between zioxi and the user in relation to the subject matter of these terms and conditions and further agree that all third parties shall be expressly excluded from bringing a claim under the said Act in relation to these terms and conditions and/or your use of this website.
12. Invalidity of Terms
If any provision of these terms and conditions shall be unlawful, void or unenforceable for any reason then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
13.1 English Law shall govern these terms and conditions and any dispute arising there from shall be subject to the non-exclusive jurisdiction of the English Courts.
13.2 Notwithstanding the provisions of paragraph 14.1 (above), you are responsible for compliance with applicable local laws relating to the use of or otherwise connected with this website. To the extent that this website or any activity contemplated by it would infringe any law of a jurisdiction other than England, then you are prohibited from accessing this website or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms and Conditions.