Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Accessing our site

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These terms tell you the rules for using our website www.modalitysystems.com (the site). By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, you must not use our site.

These terms of use refer to the following additional terms, which also apply to your use of our site:
  • • Our Privacy Policy. See further under How we may use your personal information.
    • Our Cookie Policy which sets out information about the cookies on our site.

  • You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

    Who we are and how to contact us

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    Modality Systems Limited is a limited company registered in England and Wales under company number 06143649 whose registered office is at Global House, 2 Crofton Close, Lincoln, LN3 4NT, UK and whose VAT number is GB 905 7587 96.This site is operated on our behalf by GCI Network Solutions Limited (a limited company registered in England and Wales under company number 04082862 whose registered office is at Global House, 2 Crofton Close, Lincoln, LN3 4NT, UK and whose VAT number is GB 199 8724 29).

    We may make changes to our site

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    We may update and change our site from time to time and may change the content at any time.

    We may suspend or withdraw our site

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    Our site is made available free of charge.

    We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

    We may make changes to these terms

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    We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

    We may transfer this agreement to someone else

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    We may transfer our rights and obligations under these terms 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 must keep your account details safe

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    If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

    We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

    If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at enquiries@modalitysystems.com.

    Intellectual property rights and how you may use material on our site

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    We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

    You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

    Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

    You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

    If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

    Reliance on information on this site

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    The content on our site is provided for general information only. It does not constitute advice and should not be relied upon as the basis for taking, or refraining from, any decision or action.

    Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

    We are not responsible for websites we link to

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    Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

    We have no control over the contents of those sites or resources and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

    How to complain about content uploaded by other users

    If you wish to complain about content uploaded by other users, please contact us on enquiries@modalitysystems.com.

    Our responsibility for loss or damage suffered by you

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    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 and for fraud or fraudulent misrepresentation.

    Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services or goods to you, which will be set out in our terms and conditions of supply.

  • To all users of this website:

    We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

    We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our site; or
    • use of or reliance on any content displayed on our site.

    In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

    Whilst this website can be accessed from anywhere in the world, the server of the site is located in the United Kingdom, and we operate and manage the site from there. Some jurisdictions do not allow for the exclusion of certain warranties or limitations of liability. Therefore, the beforementioned restrictions may not be applicable to you, and without prejudice to the other provisions of this section, where you are accessing the site from another jurisdiction we do not exclude or limit our liability to you to the extent it would be unlawful to do so under applicable local laws.
  • How we may use your personal information

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    We process information about you in accordance with our Privacy Policy (and we will only use your personal information as set out therein). By using our site, you consent to such processing.

    Viruses

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    We do not guarantee that our site will be secure or free from bugs or viruses.

    You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

    You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

    Rules about linking to our site

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    You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

    You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    You must not establish a link to our site in any website that is not owned by you.

    Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

    We reserve the right to withdraw linking permission without notice.

    If you wish to link to or make any use of content on our site other than that set out above, please contact enquiries@modalitysystems.com.

    Applicable law

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    If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

    If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

    Our trade marks are registered

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    “Modality” and “Modality Systems” are UK registered trade marks of GCI Managed Services Group Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under the section Intellectual property rights and how you may use material on our site above.

    Your concerns

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    If you have any concerns about material which appears on our site, please email enquiries@modalitysystems.com.

    Thank you for visiting our site.