These Terms of Service were last modified on 25th August 2021

xmlflow.co.uk (the “Site") is owned and operated by Novate Ltd, a company registered in England and Wales with registered number 5009293 whose registered office is at 10 Milton Court, Ravenshead, Nottingham, NG15 9BD, United Kingdom.

The terms “we", “our" and “us" when used in these Terms means Novate Ltd. The terms “you", “your" and “yours" when used in these Terms means you as a user of the Site.

In these terms, a “User” is a person or organisation that wishes to process CSV files and have results routed to a third party service. Only authorised Users may access the site.

Summary (please read terms in full)

• The site is provided as access 24 x 365, with support requests, raised by email, fixed within 24 hours
• We will not be liable for any direct or consequential loss due directly or indirectly to the availability of the service
• You agree you are responsible for the accuracy of any information you upload and/or any other content you submit to the Site,
• You must be a registered user before you can use services provided through the Site.
• You must not use the site for breaking the law
• You must not post offensive content

1. Use of the Site
   1. These terms and conditions (the “Terms“) govern your access to and use of the Site including the Content created by you and appearing on the Site, and any services and/or software provided through the Site or by Novate Ltd (the “Services”). “Content” means all materials that are included in or otherwise a part of the Site, including without limitation, data files, graphics, artwork, information, text, graphics, software, the “look and feel” of the Site, and all other materials related to the Site.
2. Accepting the Terms
   1. These terms apply to all users of the Site. By using the Site you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Site.
   2. We reserve the right to change these Terms at any time and you are advised to review the Terms regularly to ensure that you are aware of any changes. Your continued use of the Site after such changes are posted will be deemed agreement on your part to these Terms, as amended.
3. Your responsibilities
   1. You warrant that you will only upload, post, submit or otherwise transmit information and images that: (i) you have the lawful right to use, copy, distribute, transmit, or display; (ii) you have obtained all consents, permissions and licences to use and/or (iii) do not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).
   2. You agree you are responsible for any data you submit to the Site
   3. We reserve the right to delete any information which contravene 3.1 and/or terminate accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
4. Your Account
   1. You must be a registered user before you can use Services provided through the Site. You must be an individual or an entity who can form a legally binding contract under applicable law to register as a user of the Site.
   2. By agreeing to these Terms you represent and warrant that you are legally capable of entering into the Terms. If you agree to these Terms on behalf of a business, you represent and warrant that you are authorised to accept these Terms on behalf of that business.
   3. You are responsible for safeguarding the password that you use to access the Site. You agree not to disclose your password to any third party. You will immediately notify us of any unauthorised use of your password. You agree to take responsibility for any activities and/or actions under your password.
   4. If you fail to abide by these Terms, we may immediately without notice or liability to you suspend or terminate your account, registration, or access to any or all services available on the Site.
5. Misuse of the Site
   1. You must not:
      (a) use the Site for any activities which breach any laws or regulations or infringe any third party rights;
      (b) use the Site to send any spam or unsolicited electronic mail messages to anyone;
      (c) use the Site for fraud or any misleading or deceptive conduct;
      (d) use the personal information of another person in order to access or use the Site;
      (e) tamper with, hinder the operation of or make unauthorised modifications to the Site including attempting to interfere with the access of any user, host or network;
      (f) attempt to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
      (g) transmit any bug, virus or other disabling feature to or through the Site; or
      (h) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information.
      
   2. You must not post, publish or upload any content or information on the Site which is or is likely to be:
      (a) false, misleading or deceptive;
      (b) defamatory of any person;
      (c) abusive, indecent, obscene, pornographic, or offensive;
      (d) in breach of the intellectual property rights or moral rights of any person;
      (e) in breach of any obligations of privacy or confidence;
      (f) harassing, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability; or
      (g) in breach of any laws.
      
   3. You indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to: (i) your use of the Site, including but not limited to your breach of these Terms, your breach of any third party right and/or any claims arising from and in connection to your uploads.
   4. You acknowledge that Novate Ltd has no obligation to monitor any user’s access to or use of the Site, but has the right to do so.
6. Access to the Site
   1. While we endeavour to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period.
   2. Support issues, raised by email, will be resolved or a workaround provided within 24 hours.
   3. A standby service is available and can be used at any time at https://standby.xmlflow.co.uk
7. Security and viruses
   1. Your access to and use of the Site is at your own risk. We do not guarantee the security of the Site. We do not warrant that access to the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free from viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.
8. Intellectual Property Rights
   1. All intellectual property rights in the Site, including any information, software and tools accessed via the Site, are either owned by or are licensed to us. You may not copy, reproduce, download, modify, republish, post, transmit, store or distribute to the public this Site, or any information, software, and tools accessed via the Site.
   2. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Site subject to the restrictions set out in these Terms.
9. Privacy
   1. Our Privacy Policy is available separately through the Site. We process User information and upload data in accordance with our Privacy Policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
10. Limitation of Liability and Disclaimer
    1. We are not liable to you for your use of the Site and you agree that your use of the Site is provided on an "as is" and "as available" basis.
    2. Novate Ltd is providing the Site without any guarantees, conditions or warranties to its accuracy or results of use. We do not give any warranty of reliability, quality, fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors, in, or omissions from, the information, software or tools provided on by the Site.
    3. We expressly exclude:
       1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
       2. any liability for any loss or damage incurred by you in connection with the use, inability to use, or results of the use of the Site and any websites linked to it; however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    4. We shall not be liable to you for any loss or damage which is not a reasonably foreseeable result of your use of, or inability to use, the Site including but not limited to:
       1. loss incurred by any third party;
       2. loss of income or revenue; or
       3. loss of profits.
    5. Nothing in these Terms shall exclude or restrict any liability for death or personal injury arising from the negligence of Novate Ltd or for any liability which cannot be excluded or limited by law.
11. Miscellaneous
    1. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
    2. These Terms and your use of the Site shall be governed by and construed in accordance with the laws of England. By using the Site, you accept that any dispute under these Terms or arising out of the use of the Site (including non-contractual claims or disputes) shall be subject to the exclusive jurisdiction of the English courts to which you submit.
    3. You are responsible for complying with any applicable laws of the country from which you are accessing the Site.
    4. These terms (and the Privacy Policy) constitute the entire and exclusive agreement between Novate Ltd and you regarding the Site and these Terms supersede and replace any prior agreements between Novate Ltd and you regarding the Site.
12. Further Information
    1. Further information on these Terms or any queries on them can be obtained from Novate Ltd. Email: info@novate.co.uk