WHAT IS IN THESE TERMS?

These Terms are the rules for using our website www.nomi.co.uk (“the Website”). It will form an agreement between you, the User of this Website (“you/your”) and Nomisma Solution Ltd & its affiliates, (“Nomi/us/our/we”) the owner(s) of the Website.

Your attention is particularly drawn to the provisions of clause 10 which may limit our liability to you and your rights.

 

1. YOUR USE OF THE WEBSITE

    1. By using our Website, you confirm your agreement to comply with and be bound by these Terms of Use, policies and guidelines incorporated in it. If you do not agree to all of these Terms, please do not use this Website.
    2. We suggest that you print/save a copy of these Terms for future reference, but please note that the Terms may be amended from time to time and you should always ensure you are referring to the correct and most updated version as published on our Website.
    3. These Terms apply to your use of this Website at any time and for whatever purpose. It will not change the terms of any other agreement we may have in place with you.
    4. You represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorised to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify us for violations of these Terms.

 

2. ABOUT US

    1. Company details. Nomisma Solution Ltd (company number 08511463) is a company registered in England and Wales and our registered office Suite 22 Winsor and Newton Building, Whitefriars Avenue, Harrow and Wealdstone, England, HA3 5RN. Our VAT number is 181495291. We own and operate the Website you can find at www.nomi.co.uk (“the Website”).
    2. Contacting Us. To contact us, email our customer service team at [email protected] if you would like to give us formal notice of any matter under these Terms please refer to clause 12.2.

 

3. OTHER TERMS THAT MAY APPLY TO YOU

    1. These Terms of Use refer to additional terms which also apply to your use of the Website (“Additional Terms”):
      1. Our Privacy and Cookie Policy at https://www.nomi.co.uk/privacy-policy/ and https://www.nomi.co.uk/terms-and-conditions/ and see below how We may use your personal information;

 

4. OUR CONTRACT WITH YOU

    1. Entire agreement. These Terms together with the Additional Terms above represent the entire agreement between you and us in relation to your use of the Website. You acknowledge that you have not relied on any statement, promise or representation, assurance or warranty that is not set out in these Terms.
    2. Transfer of Contract. We may transfer our rights and obligations under these Terms to another organisation.  We will always let you know in writing if this happens and will make sure that your rights under this contract are not affected.  You may not transfer your rights to another party without our prior consent.
    3. Contracting Age. In order to validly contract with us you must be 18 years or older. Please do not use this Website if you are not 18 years or older.
    4. Location & Language. These Terms and our Contract are intended for people residing in the UK.  We do not represent that the content available on or through our Website is appropriate for use in other locations and will be made only in the English language.
    5. Amendments/Changes.
      1. We may change our Terms from time to time, to reflect any changes to what we offer, our customer’s needs and our business priorities. We will try to give you reasonable notice of these changes and We will publish the updated Terms on the Website. You should check these Terms regularly and at least every time you use the Website to ensure that you are happy with any changes. You will be deemed to have accepted any changes to the Terms if you continue to access or use the Website.
      2. We may also update and change our Website from time to time.

 

5. ACCESSING OUR WEBSITE

    1. Website content disclaimer. Materials and information published on our Website are not intended as advice and should not be relied on as such. All materials and information are for publicity and informational purposes only. We disclaim all liability and responsibility arising from any reliance placed on such information by a business customer. We do not guarantee that the contents of the Website will be free of errors, trojans, viruses, bugs, worms or otherwise make any representations in respect of its quality, accuracy or completeness of the content available on the website.
    2. Security & Your use of this Website. You are responsible for maintaining appropriate software on your computer or device to protect you from any errors, bugs, worms, trojans or viruses.
    3. Restricted Access. We reserve the right to restrict your access to the Website or part of it. Access to restricted areas of the Website may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms).

 

6. HOW YOU MAY USE THE MATERIAL ON OUR WEBSITE

When using this Website you undertake the following:

    1. Use. You may not use this Website or the content for anything other than personal and non-commercial purposes. Any commercial use will require a license from us.
    2. Restrictions. You may not:
      1. print, download, copy, adapt or re-transmit any or all of the Website or the content except for your personal, non-commercial use of the Website. This means you may print one copy for your personal use. our status as the authors of the content must always be acknowledged;
      2. use any data mining, robots or similar data gathering or extraction methods;
      3. manipulate or display the Website or its content by using framing or similar navigational technology;
      4. register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any party if you are not expressly authorised by such party to do so; and
      5. use the Website or its content other than for its intended purpose or in violation of any applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations;
      6. use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make;
      7. upload any data (where applicable) which is malicious, false, misleading, fraudulent, defamatory or offensive in content.  Any breach of this term constitutes a material offence and may result in the removal of such information and/or refusal by us to allow any further dealings with you, and/or possible prosecution with the relevant authorities. In such event, you will have no claim or claims of whatsoever nature or kind against us arising out of cancellation or prosecution as the case may be;
      8. interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks;
      9. transmit or otherwise make available in connection with the Website any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
      10. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website;
      11. remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website;
      12. frame or mirror any part of the Website without our express prior written consent;
      13. create a database by systematically downloading and storing Website content;
      14. use any manual or automatic device in any way to gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
    3. Representations. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, electronic communications, privacy, and the transmission of data applicable to the United Kingdom.
    4. Availability. We will use reasonable endeavours to keep the system available and maintain full system functionality at all times. We will not be liable to you or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the service as our services are not essential.
    5. Reliability. The content on our Website is provided for general information only. It is not intended to amount to advice and/or legal advice that you should rely on.  You must always obtain professional or specialist advice before taking, refraining from any action on the basis of the content on the Website. In particular, you should consult a qualified lawyer to assess your particular circumstances before acting on any information found on the website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

 

7. INTELLECTUAL PROPERTY RIGHTS

    1. All content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of or licensed to us, our affiliates or other relevant third parties.  Such material is protected by applicable United Kingdom and International intellectual property, copyright and other relevant laws and you may not use any of the material on this Website without our prior written permission.
    2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on this Website or unless given express written permission to do so by us.

 

8. HOW WE MAY USE YOUR PERSONAL INFORMATION

    1. We will process your personal information in accordance with our Privacy Policy that can be found at https://www.nomi.co.uk/privacy-policy/ the terms of which are incorporated into this Contract.
    2. We are committed to secure storage of your personal information. Under no circumstances will we give or sell any information relating to our clients to third parties, or organisations except to those of our registered service providers who are required to render Services to you and who are bound to comply with Data Privacy Legislation.

 

9. LINKS TO OTHER WEBSITES

This Website may contain links to other sites.  Unless expressly stated, these sites are not under our control, and we don’t endorse the Website or its contents.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

 

10. OUR RESPONSIBILITY TO YOU FOR LOSS OR DAMAGE SUFFERED BY YOU – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

    1. Disclaimer. We do not intend to exclude or limit in any way our liability to you where it would be unlawful to do so or take away any of your rights as a consumer in the UK. 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.
    2. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you act on any information contained on our Website as it is not intended as legal advice.
    3. Subject to clause 10.1 above, we exclude any and all liability to you resulting from your use of the Website or these Terms, including but not limited to any type of damages, loss of data, income or profit, loss or damage to property belonging to you or third parties which is related to the use of the Website or its contents.
    4. Subject to clause 10.1 above, your use of the Website or its content in any way is done at your own risk and we will not be responsible for any loss or damage to any device, computer, software, IT systems or data which results directly or indirectly from the use or inability to use the Website or its content.
    5. We are under no obligation to provide uninterrupted access to this Website. We reserve the right to restrict your access to this Website at any time and for any reason.
    6. We do not guarantee that the contents of this website will be free of errors, bugs, worms, trojans or viruses or otherwise make any representations as to the quality or accuracy or completeness of the content available on the Website. You are responsible for maintaining appropriate software on your computer or device to protect you from any errors, bugs, worms, trojans or viruses.
    7. We take no liability for the Website being accessed by an unauthorised third party due to you not keeping your login details secure.
    8. We accept no liability for any disruption or non-availability of the Website resulting from external causes which is not in our control, including, but not limited to, Internet Service Provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
    9. If you are a consumer and we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    10. This clause 10 will survive termination of the Contract.

 

11. TERMINATION, CONSEQUENCES OF TERMINATION AND SURVIVAL

    1. Termination. Without limiting any of our other rights, we may suspend or terminate these Terms with you or revoke your access to the Website with immediate effect by giving written notice to you if:
      1. You commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 5 (five) days of you being notified in writing to do so;
    2. Consequences of termination. Termination of these Terms will not affect your or our rights and remedies that have accrued before termination.
    3. Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

 

12. COMMUNICATIONS BETWEEN US

    1. When we refer to “in writing” in these Terms, this includes e-mail.
    2. Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or e-mail.
    3. A notice or other communication is deemed to have been received:
      1. if delivered personally, on signature of a delivery receipt [or at the time the notice is left at the proper address;
      2. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
      3. if sent by e-mail, at 9.00 am the next working day after transmission.
    4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
    5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

 

13. GENERAL

    1. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    2. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    3. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its Terms.
    4. Governing law and jurisdiction. 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.  If you are a business these terms its subject matter and its 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.