Terms of website use

The following terms (together with the terms referred to therein) govern your use of this website www.phocassoftware.com (the “Site”). Please read these terms of use carefully before you start to use the Site. By using the Site, you accept these terms of use and agree to abide by them.

Information about us

The Site is operated by Phocas Limited ("we" or "us"). We are registered in England and Wales under company number 4212258 and have our registered office at 264 Banbury Road, Oxford, Oxfordshire OX2 7DY. Our VAT number is 779 1014 19.

Accessing the site

Access to the Site is permitted on a temporary basis, and we may withdraw or amend the services and information we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world, which may include database rights and literary compilation copyright. All such rights are reserved. You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors, nor copy any substantial part of the Site, but you may print off, copy or download one copy of any page on the Site for your personal use as permitted by international copyright law.

If you use any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must destroy any copies of the materials you have made.

Our site changes regularly

We update the Site regularly, and may change the content at any time.

Our liability

The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy, and access to the Site is provided “as is”. To the extent permitted by law, we hereby expressly exclude:

• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

• any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Information about you and your visits to the site

We process information about you and your visits to the Site in accordance with our Privacy and Cookie Policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You may use the Site only for lawful purposes.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the 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 will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

To the fullest extent permissible by law, we will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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 from any website that is not owned by you. The Site must not be framed on any other site. We reserve the right to withdraw linking permission at any time.

If you wish to make any use of material on the Site other than that set out above, please address your request to support_uk@Phocassoftware.com.

Links from our site

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

The courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we reserve the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Trade marks

PHOCAS is the registered trade mark of Phocas Limited and is registered in the United Kingdom and USA. PHOCAS and the PHOCAS logo are trade marks of Phocas Limited and other members of our group of companies, which means our subsidiaries, our ultimate holding company and its subsidiaries (where “subsidiary” has the meaning given in section 1159 of the UK Companies Act 2006).

Variations

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.

Contact us

If you have any concerns about material which appears on the Site, or any questions, comments or requests regarding our Terms of Website Use or Privacy and Cookie Policy, please contact us using the “Contact Us” form on the Site or at support_uk@phocassoftware.com.