PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE USING OUR WEBSITE
These Website Terms of Use (“
Terms of Use” and
“
Terms”), (together with the documents referred
to in it) sets out the terms on which you may make use of our website
https://www.xono.online (our
“
Website”). Use of our Website includes accessing, browsing, or using our Website or
submitting
contact information to us.
WHO WE ARE AND HOW TO CONTACT US
https://www.xono.online is a website operated by Xono Limited (“we”,
“us” and “our”). We are
incorporated in the Isle of Man under company number 134387C and have our registered office
at
96 Fairways Drive,
Mount Murray, Santon,
Isle of Man,
IM4 2JF.
We are a limited company.
BY USING OUR WEBSITE YOU ACCEPT THESE TERMS
By using our Website, you confirm you accept these Terms and
that you agree to comply with them.
If you do not agree to these Terms, you must not use our Website. We recommend that you
print a
copy of these Terms for future reference.
1. OTHER APPLICABLE TERMS THAT MAY APPLY TO YOU
These Terms refer to the following additional documents,
which also apply to your use of our
Website:
- our Privacy Policy. See further
under 'How We Use Your Personal Data' below.
- our Cookie Policy, which sets out
information about the cookies on our Website.
- our End User Licence
Agreement will apply if you download and use our mobile
application(s) available from time to time on Apple iOS and Google Play Android Stores
and third-party app stores (“Mobile App”);
- our Subscription Agreement will apply if a business or organisation
contracts with us for
the use and licence of our products and/or services for its business operations, to
safeguard its employees, agents, contractors and/or if to be used within an educational
setting, includes students (as the case may be).
2. CHANGES TO THESE TERMS
We may amend these Terms from time to time. Every time you
wish to use our Website,
please check these Terms to ensure you understand the terms that apply at that time.
3. CHANGES TO OUR WEBSITE
We may, from time to time, update and/or change our Website
to reflect changes to our
products, services, our users' needs and our business priorities. We will try to give
you
reasonable notice of any material changes to our Website.
4. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE
Our Website is made available free of charge.
We do not guarantee that our Website, 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
Website for business and operational reasons. We will try to give you reasonable notice of
any
suspension or withdrawal.
You are also responsible for ensuring that all persons who
access our Website through your
internet connection are aware of these Terms and other applicable terms and conditions, and
that they comply with them.
5. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
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 your contract with us.
6. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
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 opinion you have failed to comply with any of the
provisions of these Terms.
If you know or suspect that anyone other than you knows your
user identification code or
password, you must promptly notify us at
support@xono.online.
7. DO NOT RELY ON INFORMATION ON THIS WEBSITE
The content on our Website is provided for general
information only. It is not intended to
amount to advice on which you should rely. You must obtain professional or specialist advice
before taking, or refraining from, any action on the basis of the content on our 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.
8. LINKS FROM OUR WEBSITE AND THIRD-PARTY CONTENT
Where our Website contains links to other independent
websites and/or resources provided
by third parties, these websites are provided for your information only. Such independent
websites are not under our control, and we are not responsible for and have not checked and
approved their content, information or their privacy policies (if any).
From time to time our Website may contain content and/or
information from third party
providers which may include articles, provide access to safeguarding consultants and/or
trainers etc.
You will need to make your own independent judgement about
whether or not to use,
correspond with, any such independent websites, content and/or third parties, including
whether to buy any products or services offered by them.
We do not endorse, nor approve any third-party linking
website, nor the content, products or
services offered of any website, or third party made available via our Website and/or
services.
9. LINKS TO OUR WEBSITE
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 Website in
any website that is not owned by you.
Our Website must not be framed on any other website, nor may
you create a link to any part
of our Website 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 Website other than that set out above, please contact
support@xono.online.
10. VIRUSES
We do not guarantee that our Website will be secure or free
from errors, bugs or viruses. You
are responsible for configuring your computer programmes, devices and technology you use
to access our Website. You should use your own virus protection software and should take all
appropriate safeguards before downloading information or content from our Website.
11. HOW TO COMPLAIN ABOUT OR REPORT CONTENT
If you wish to complain about content uploaded to our
Website, please contact us on
support@xono.online.
12. PROHIBITED USE
In using our Website, you hereby warrant and undertake you
will not, and will not permit or
knowingly assist any third party to:
- interfere with the integrity or security of our Website, services or our related
systems;
- take any action that imposes or may impose an unreasonable or disproportionately
large load on our service infrastructure;
- sell, licence or sub-licence, lease, assign, transfer, pledge, or share any rights
granted
under these Terms with any third party except as expressly permitted hereunder;
- disassemble, decompile, reverse engineer, decipher or otherwise, attempt to discover
the source code or any part of it, technology or component included in the services;
- in accordance with clause 12.2, upload or attempt to upload any viruses, worms, trojans
or other malicious code or information through the services or permit or assist any
third
party to do so;
- interfere with the proper functionality of the services;
- circumvent or attempt to circumvent the measures we may use or put in place to
prevent or restrict access to our services;
- use our services for anything which may be considered illegal, immoral, or similar, or
could give rise to civil liability or similar lawsuits;
- modify the services or insert any code or product or in any other manner manipulate
the services or create any derivative work from the use of our services;
- use our services in any manner that violates or infringes the rights of any third party,
including intellectual property rights;
- attempt to frame our services or similar, or add code to, or attempt to copy, crawl,
index, cache or store any information on our Website and/or services;
- send spam or other unwelcome communications or content to other users;
- act in an unlawful, defamatory, abusive, obscene, discriminatory or otherwise
objectional manner and you agree any content you upload via the Website and/or
services whether by way of reports, reviews, comments or similar, will not contain
anything which may, without limitation, be considered illegal, defamatory, libelous,
slanderous or otherwise, or contain any threatening or harmful content, or involve
doxxing, or infringe the rights of any third party, or otherwise contain statements or
comments which may be considered questionable or objectionable or involve
solicitation.
Furthermore, you must not misuse our Website and/or service
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 servers on which our
Website is stored or any server, computer or database connected to our Website or services.
You must not attack our Website or any of our services via a
distributed denial of service
attack or similar. By breaching this provision, you would commit a criminal offence under
the
Computer Misuse Act 1990 (An Act of Parliament). We will report any such breach to the
relevant law enforcement authorities.
13. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual
property rights in our Website, 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 Website for
your personal use and you may draw the attention of others within your organisation to
content posted on our Website.
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 Website
must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on our Website for
commercial purposes without
obtaining a licence to do so from us, or our licensors.
If you print off, copy, download any part of our Website in
breach of these Terms, your right
to use our Website will cease immediately and you must, at our option, return or destroy any
copies of the materials you have made.
14. DOWNTIME AND EVENTS OUTSIDE OUR CONTROL
From time to time, we may need to suspend our Website
and/or services, for example, if we
have to deal with technical problems, or to make improvements to our Website and/or
services. In the unlikely event of downtime, in circumstances where we are able, for
example
if you are a registered user, we will use our reasonable endeavours to contact you
either by
email or notification in your user account to let you know in advance where this occurs,
unless
there is an urgent matter we need to deal with.
We will not be liable if our Website is unavailable at
any time for any period for any reason.
In the event you experience any issues with our Website
and/or services, please contact us at
support@xono.online.
We will not be liable or responsible for any failure to
perform, or delay in performance of any
obligations under these Terms caused by an Event Outside Our Control.
An 'Event Outside Our Control' means any act or
event beyond our reasonable control,
including without limitation, strikes, lock-outs or other industrial action by third
parties, civil
commotion, riot, invasion, terrorist attack or threat of attack, war (whether declared
or not)
or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence,
epidemic or pandemic or other natural disaster or failure of public or private
telecommunication networks or other acts of God.
If an Event Outside Our Control takes place affecting
the performance of our obligations under
these Terms, we will: (i) contact you as soon as practicable to notify you if you are a
registered
user and we are able; and (ii) our obligations under these Terms will be suspended and
the
time for performance of our obligations shall be extended for the duration of the Event
Outside Our Control.
15. LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits our liability for
death or personal injury arising from
our negligence, or our fraud or fraudulent misrepresentation, or in any other liability that
cannot be excluded or limited by Isle of Man law.
The information and content displayed and/or accessible from
our Website is provided
without any conditions, guarantees and warranties. To the extent permitted by law, we, our
affiliates, licensors and any third parties who advertise on our Website hereby expressly
exclude:
- all implied conditions, warranties, representations or other terms that may apply to our
Website or any content on it;
- any liability 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 (a) use of, or inability to use, our Website; or (b) use of or reliance
on
any content displayed on our Website;
- any liability for any loss of profit, loss of revenue, loss of actual or anticipated
profit, loss
of business, business interruption, or loss of business opportunity, loss of money, loss
of
anticipated savings; loss, damage or corruption of data, goodwill or reputation; or any
indirect or consequential loss or damage, in each case, howsoever arising, whether such
loss or damage was foreseeable or contemplated and whether arising or caused in
breach of contract, tort (including negligence), breach of statutory duty or otherwise.
We will not be liable, and you acknowledge, understand and
agree we will not be liable, for
any loss or damage caused by a virus, distributed denial-of-service attack, or other
technologically harmful material that may infect your computer equipment, computer
programs, data or other proprietary material due to your use of our Website or by your
downloading of any content on it, or on any website linked to it.
We assume no responsibility for the third-party content
appearing on our Website or of
websites linked to our Website and any materials thereon. Such content and/or links (such as
to social media pages (if any)) should not be interpreted as endorsement by us of those
linked
websites and/or content. We will not be liable for any loss or damage that may arise from
your use of them.
Different limitations and exclusions of liability will apply
to liability arising as a result of the
supply of any goods and/or services to you, which will be set out in our terms and
conditions
of supply which will be sent to you, or which you will enter into, in the event you become a
customer.
16. HOW WE USE YOUR PERSONAL DATA
Our
Privacy
Policy (together with any documents referred in it) sets the basis on which any
personal data we collect from you, or which you provide to us, will be processed by us.
Please
read it carefully to understand our practices regarding your personal data and how we will
treat it. By clicking the
ACCEPT CHECKBOX, you accept and consent to the
practices described in our Privacy Policy.
Our
Cookie
Policy explains the cookies we use from time to time for our Website. Please read
it carefully. By clicking the
ACCEPT CHECKBOX, you accept and consent to the
practices and use
of cookies described in our Cookie Policy.
17. APPLICABLE LAWS
These Terms of Use, its subject matter and its formation
(and any non-contractual disputes or
claims) are governed by Isle of Man law. We both agree to the exclusive jurisdiction of the
courts of the Isle of Man.
18. TRADE MARKS
Xono, Xono.online and related words, domain names, logos and
favicons are the property
of Xono Limited. All rights are reserved.
CONTACT US
If you have any questions or concerns about this Terms and
Conditions, you can contact us via:
Last Updated: 1/30/2024. We may update and change
this
Terms and Conditions and you are advised to check it from
time to time.