Thank you for visiting our website and showing interest in our products and services. Before you take any further action, please carefully read these Terms of Service. These terms govern your use of the website labdeck.com (“Website”), as well as services and products (collectively referred to as “Services”) operated and provided by Flexitek Ltd. (“Flexitek”, “we” or “us”). By accessing the Website, creating an account or otherwise using the Services you agree to accept these terms.
If you do not agree with the Terms of Service, you ought to discontinue accessing the Website and using our Services. Flexitek retains the right to modify the Terms of Service at any time without notice. As your continued use of the Website and any of the Services automatically constitutes your acknowledgment and acceptance of any possible changes that may occur, you are cautioned to periodically review these terms.
- Registration / Member Accounts
The Website is divided into two sections: (a) the public section, open to all visitors, which offers general information about Flexitek’s Services; and (b) the private section, only accessible by registered members.
In order to become a registered member (“Member”), each visitor may register by creating an account. As part of the registration process, you will be asked to provide certain personal information (such as identification and contact details). As a Member, you oblige to provide registration information that is complete, accurate and up-to-date. Each registered member is responsible for preserving the confidentiality of its password and account. Flexitek will not be liable for any damage or loss that may occur as a consequence of your failure to comply with this section, including all activities that occur under your password and account with or without your knowledge. If you suspect that someone has stolen your password, change it immediately and notify us by telephone or e-mail as soon as possible.
On the private section of the Website, Members can use their accounts to purchase Flexitek’s Services, including LabDeck, MatDeck and VirtualDeck (hereinafter referred to as “Software”). In addition to the purchasing option, the Services are offered on the basis of flexible subscription options. Members who purchase any of the Software have the possibility of paying an additional yearly maintenance fee that allows access to all updates, enhancements and/or new features of the Software.
The use of any Software that is made available to download and/or purchase from the Website is licensed subject to the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). Unless he or she first agrees to the License Agreement terms, an end user will not be able to install any Software that is accompanied by or includes a License Agreement. The Software is made available for download solely for personal and non-commercial use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
4.1 Our License Grant to You
Subject to the terms and conditions set forth in the Terms of Service, Flexitek grants you a non-exclusive, royalty-free, revocable, non-transferable, limited right to access and use the Services in accordance with the Terms of Service and any applicable agreement governing the use of specific Services.
Additionally, you agree to abide by the restrictions listed below:
- You may not decompile, reverse engineer, disassemble, modify, translate, and make any attempt to discover the source code of the Software or create derivative works or improvements to the Software or any portion of it;
- You may not sell, lease, loan, distribute, transfer, or sublicense any portion of the Software;
- You may not attempt to transmit any malicious or unsolicited code through the Software;
- You may not use the Software as part of a facility management, timesharing, service provider or service bureau arrangement;
- You may not download or use the Software except through specific channels provided by us;
- You may not attempt to interfere with or disrupt our Software in any way;
- You are not allowed to use the demo versions of the Software in real applications;
- You may not use the Software on a network;
- You may not copy the printed documentation that accompanies the Software, if any;
- You may use the Software on a single computer only. You are allowed to make one copy of the Software for archival purposes, or copy the Software onto the hard disk of your personal computer and retain the original for archival purposes;
- After you have received and installed a disk replacement set or an upgraded version, you may not use a previous version or copy of the Software. After upgrading the Software, all copies of the prior version must be destroyed;
- You may not use the Software in any manner that violates any of our additional policies.
5.1 Payment Methods and Taxes
Payments for all Services purchased through the Website shall be made by secure credit or debit card, in accordance with details that will be provided to you at checkout. The payments will be redirected to the bank’s website.
Unless otherwise stated, all prices published on the Website include Value Added Tax. You agree that you are solely responsible for paying all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Website and Services.
5.2 Price Changes
Flexitek retains the right to change the price of the Services at any time. Prices are subject to change without notice.
5.3 Refund Policy
Unless otherwise specified by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Flexitek has charged you in error, you must contact us within 90 days of such charge. For any charges more than 90 days old, no refunds will be given. Flexitek reserves the right to issue refunds at its sole discretion. If we issue a refund, we are under no obligation to issue the same or similar refund in the future. Refunds on the basis of subjective unsuitability of the product or due to malfunction of third party host software or the user’s hardware will not be granted. Refunds will be issued if a credit card has been charged multiple times due to technical problems.
- Your Use of the Website and Services
6.1 Our License to use Your Content
Any content that you post, submit or upload on the Website is your sole responsibility. We are in no obligation to review any content posted, submitted or uploaded on the Website. However, we reserve the right to accept or deny, delete or edit any of your posted, submitted or uploaded content. Considering your use of the Website and Services, you are required to comply with all applicable laws.
Regarding the use of the Website and Services, you agree not to:
- Sell or transfer your account to another person or entity;
- Grant any other person unauthorized access to your account;
- Attempt to gain unauthorized access to the password and account information of any other Member;
- Harvest, collect or send information about other Members, including e-mail addresses, without their consent;
- Delete or alter any material or other information of any other Member;
- Make an attempt to gain unauthorized access to any hardware or software systems or networks;
- Take any action or use any device or software that could disable or impair the proper working of the Website and Services, or in other ways overload or damage their infrastructure;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website and Services;
- Upload, post, email, submit or otherwise transmit on the Website any content that is:
- threatening, harmful, harassing, abusive, obscene, vulgar, tortuous, defamatory, pornographic or sexually explicit;
- aimed to abuse any person or group based on racial, ethnic or national origin, religious beliefs, physical disability or sexual orientation;
- covered or protected by copyright, trademark or other intellectual property rights owned by a third party;
- infected with computer viruses, worms, Trojan horses or other malicious code;
- spammy, advertising, promotional or aimed to raise money from other Members;
- containing hyper-links to other websites whose content falls within the abovementioned descriptions;
- Use the Website and Services for any other purpose that may harm Flexitek, its affiliates, service providers, suppliers or customers;
- Use the Website and Services in any other manner that is prohibited by these Terms of Service.
We may at any time and for any length of time, without prior notice and in our sole discretion terminate your access to any or all of the Services and materials on the Website. Flexitek will terminate your access to and use of the Services in case of breach or violation of our Terms of Service or upon request by law enforcement or other government agencies. You may self-initiatively cancel your account at any time by sending a termination request.
Upon termination, you will immediately cease all use of the Services, you will have no further access to your accounts and you will pay Flexitek all unpaid amounts and fees. You may, however, continue to use the software that you have downloaded and paid for. Flexitek will not be responsible for any losses, damages, expenses or inconveniences that result from the termination of your access, whether it was initiated by you or us, with or without prior notice.
Flexitek reserves the right to change, update or discontinue any or all of the Services and materials on the Website at any time, for any reason and without notice. We have no obligation to make, or continue to make, the Website or any particular portion or related service available to you.
- Misprints and Errors
While we take great care to avoid mistakes of any kind and provide up-to-date and accurate information concerning our Services, misprints, errors, omissions and inaccuracies may sometimes happen. In such cases, Flexitek reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the Services advertised or made available for sale on the Website, including the prices, fees, charges and specifications of the Services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order for Services for which the price was incorrectly displayed or where we otherwise displayed erroneous or inaccurate information, at any stage of the online ordering process, including after an order has been submitted and your credit card charged. Obvious errors and mistakes (including misprints) are not binding, and Flexitek is not obligated to sell products or services based on errors or misprints.
LabDeck, MathDeck, VirtualDeck and any other product or service names, trade names, logos, designs and slogans displayed on this Website are trademarks of Flexitek or their respective owners, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Flexitek or the applicable trademark holder.
All materials (including information about the Services, texts, graphics, images, downloadable content and links to other Internet resources) on the Website (the “Materials”) are owned by Flexitek or its licensors and are protected by copyright laws. The Materials may only be used and copied for non-commercial, personal, educational and informational purposes, provided that the Materials are not modified and that they contain copyright notices. Note that any software, product, process or technology described on the Website may also be the subject of other intellectual property rights reserved by Flexitek and its suppliers.
Flexitek respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your copyright has been infringed or that your intellectual property rights have been otherwise violated, please send us a message which contains the following information:
- Your name;
- The name of the party whose copyright has been infringed, if different from your name;
- The name and description of the copyrighted work that is being infringed;
- The location on our Website of the infringing copy;
- A statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement by you—made under penalty of perjury—that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to act on the copyright or intellectual property owner’s behalf.
You must sign this notification and send it to our CEO, as follows:
9 Ingram Way
You agree to indemnify and hold Flexitek harmless against any claim, liability, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Services and Website or any violation by you or anyone acting on your behalf of these Terms of Service.
- Disclaimer of Warranty
The Services and the Website are provided “AS-IS” without warranties or conditions of any kind, express or implied, including but not limited to the implied warranties of non-infringement, merchantability and fitness for a particular purpose. Flexitek makes no warranty that: (a) any of the Services will meet your requirements; (b) any of the Services will be constantly available, uninterrupted, timely, secure, or error-free; (c) information that may be obtained from the use of the Services will be effective, accurate, reliable or complete; (d) the quality of the Services will meet your expectations; or that (e) any errors or defects in the Services will be corrected.
Use of the Services is at your own discretion and risk. Flexitek will not be responsible for any damage to your computer system or loss of data that may come as a consequence of downloading or otherwise obtaining and using any material through our Services.
- Limitation of Liability
You explicitly understand and agree that in no event shall Flexitek or any of its directors, officers, employees, shareholders, partners or agents be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages whatsoever (including, but not limited to damages for loss of profits, goodwill, interruption, loss of user content and business information, or any other intangible and financial losses) resulting from: (a) your use or the inability to use any of the Services or the breach of these terms, even if advised of the possibility of such damages; (b) unauthorized access to or alteration of your transmissions or data; (c) any Services information or other matter relating to the Services or Flexitek; (d) any other claim arising out of or in connection with your use of or access to the Services.
- Third Party Sites Disclaimer
Flexitek is not responsible for the contents of any third-party websites whose links might be made available through our Website or Services. Flexitek is providing these links and access to third-party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Flexitek of the third-party site. As linked sites are completely independent from Flexitek, access to any third-party site is entirely at your own risk and responsibility.
- Governing Law
The Services, these Terms of Service and any sales thereunder shall be deemed to have been made in England and shall be governed by, construed and interpreted in accordance with the laws of England. All disputes arising in relation thereto shall be subject to the exclusive jurisdiction of the English Courts.
If you have any further questions in regards to our Website, Services or Software, do not hesitate to contact us at: firstname.lastname@example.org.
Additionally, you may contact us by telephone at +44 (0)208 578 6673, or via post at the following address:
9 Ingram Way Greenford UB6 8QG UK