1. The Site 1.1
These terms and conditions set out how you may access and use the Site. Reference to Site means the following websites: www.sinclairpharma.com, www.silhouette-soft.com, www.ellanse.com, www.perfectha.com, and www.sinclair-college.com together with all associated web pages.
1.2 The Site is brought to you by Sinclair Pharma Ltd, our registered office is 30-32 Whitfield Street, Whitfield Court, London, W1T 2RQ with company registration number 03816616.
1.3 “Sinclair Group of Companies” for the purposes of these terms and conditions means any company or other incorporated entity that controls, is controlled by or under common control with Sinclair Pharma PLC and ‘control’ for these purposes means the ability to direct the affairs of another person, whether by virtue of the ownership of shares, contract or otherwise.
1.4 “Sinclair” for the purposes of these terms and conditions means Sinclair Pharma PLC together with the Sinclair Group of Companies.
2. Using the Site
2.1 We permit you to read, view, print, download and copy the material on this Site for your personal and non-commercial use only and for accessing information about us and our Products and Services, but only if you acknowledge the Site as the source of the material and include the copyright statement “© Sinclair Group of Companies, all rights reserved”. Use of the Site in any other way, including in contravention of any restriction on use set out in these terms, is not permitted.
2.3 The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
2.4 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [email protected] and/or refer to the accessibility guidance note available at https://www.sinclairpharma.com/accessibility
2.5 In the event of your breach of these terms and conditions or any policies to which they refer or any applicable law, we may immediately terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary in connection with such breach.
3. Restrictions on use
As a condition of your use of the Site, you agree:
3.1 not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these terms and conditions;
3.2 not to use the Site to commit any act of fraud;
3.3 not to use the Site to distribute viruses or malware or other similar harmful software code; nor to gain unauthorised access to or use of computers, data, systems, accounts or networks;
3.4 not to use the Site for purposes of promoting unsolicited advertising or sending spam;
3.5 not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
3.5 not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
and 3.6 to comply with the provisions relating to our intellectual property rights and software.
4. Ownership, use and intellectual property rights
4.1 The Site together with all intellectual property rights in it and all information and other material published or referred to on the Site (including but not limited to any text, images, video, audio or other multimedia content, software or other information or material (“Content”)) are owned by Sinclair, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks (registered and unregistered), domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Sinclair and our licensors reserve our respective rights in any intellectual property in connection with these terms and conditions. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
4.2 Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust or to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
4.3 Trade marks (both registered and unregistered) and trade names are used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission to use any trade marks in which event such use must be strictly in accordance with such permission.
5. Submitting information to the Site
5.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions. Accordingly, we will not be legally responsible for keeping any material submitted by you confidential nor will we be legally responsible to you or anybody else for any use of such material.
6. Accuracy of information and availability of the Site
6.1 Information on this Site is provided ‘as is’ without warranty of any kind, whether, express or implied. We do not warrant or represent the completeness or accuracy of the Contents or that the Content is up to date. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
6.2 We may suspend or terminate operation of the Site at any time as we see fit and may alter any or all of the Site services and/or Content at any time in our sole discretion without notice or explanation.
6.3 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute medical, technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. In particular, the Content should not be used as a substitute for a consultation by medically qualified professional and certified practitioner(s) who are properly authorised to receive and administer Sinclair products.
6.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site or that the Site is free from bugs or errors.
7. Bulletin boards and other interactive services
7.1 We may make bulletin boards or other communication services (‘Interactive Services’) available on the Site. We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to our interactive services (“Submissions”). Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you. We may at our sole discretion remove or edit any Submissions to any of our interactive services whether they are moderated or not.
7.2 Any Submission you make must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, you warrant that any Submission or communication is: (a) your own original work and lawfully submitted; (b) factually accurate or your own genuinely held belief; (c) provided with the necessary consent of any third party; (d) not defamatory or likely to give rise to an allegation of defamation; (e) not offensive, obscene, sexually explicit, discriminatory or deceptive; and (f) unlikely to cause offence, embarrassment or annoyance to others.
8. Hyperlinks and third party sites
8.1 The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites, we make no representation concerning and accept no legal responsibility for the quality, nature, reliability, content, material or information contained on any hyperlinked site. The display of any hyperlink and reference to any third party website does not imply any endorsement, investigation, verification or monitoring by us of any information on such hyperlinked site or third party website, accordingly, in no event shall we be responsible for your use of such sites. Your use of a third party site may be governed by the terms and conditions of that third party site.
9. Limitation on our liability
Except for any legal responsibility that cannot be excluded in law (such as for death or personal injury), in no event will Sinclair be liable for any special, direct, indirect, consequential or incidental damages or any damages whatsoever whether in contract, tort, negligence or otherwise arising out of or in connection with the use of the Site or its Content.
10. Events beyond our control
We shall have no liability to you for any breach of these terms and conditions caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
11. Rights of third parties
No one other than a party to these terms and conditions and any company within the + Group of Companies, shall have any right to enforce any of its terms in accordance with the Contracts (Rights of Third Parties) Act 1999.
No changes to these terms and conditions are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
13. Law and Jurisdiction
13.1 We will try to resolve any disputes with you quickly and efficiently.
13.2 These terms and conditions are subject to English Law and the courts of England shall have exclusive jurisdiction.