Legal Notice
This Legal Notice (the "Notice") is issued by Alcerno Group, a Limited Liability Company incorporated under the laws of England, United Kindom, having it's principal place of business at 48a St George's Square E7 8HW ("Company," "we," "us," or "our"). By accessing, browsing, or using any of the services, products, websites, or digital properties (collectively, the "Services") provided by the Company, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Notice. If you do not agree with any part of this Notice, you are prohibited from using the Services and must immediately discontinue any such use.
1. Acceptance of Terms
By accessing or using our Services, you acknowledge that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater. You further affirm that you have the legal capacity and authority to enter into this legally binding agreement, and that you will comply with all applicable laws, statutes, ordinances, and regulations in your use of the Services.
2. Intellectual Property Rights
2.1 Ownership: All intellectual property rights, including but not limited to copyrights, trademarks, trade names, logos, patents, trade secrets, and any other proprietary rights ("Intellectual Property") in and to the Services and any content, materials, or products provided therein are owned by the Company or its licensors. The use of our Intellectual Property is strictly prohibited without our prior written consent.
2.2 Limited License: Subject to your compliance with this Notice, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes. This license does not convey any rights to reproduce, distribute, publicly display, perform, create derivative works from, or otherwise exploit the Services, except as expressly permitted in writing by the Company.
3. Limitation of Liability
3.1 Disclaimer of Warranties: The Services are provided on an "as-is" and "as-available" basis. The Company expressly disclaims any and all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of the course of dealing, usage, or trade. We make no representations or warranties that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
3.2 Exclusion of Damages: To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or in connection with your use of the Services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if the Company has been advised of the possibility of such damages.
3.3 Maximum Liability: Notwithstanding anything to the contrary contained herein, the maximum aggregate liability of the Company for any and all claims arising out of or relating to this Notice or your use of the Services shall not exceed the total amount of fees, if any, paid by you to the Company for the Services giving rise to the claim during the six (6) months preceding the date the claim arose.
4. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, actions, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your breach of this Notice, or your violation of any rights of a third party.
5. Confidentiality
5.1 Definition: "Confidential Information" means any information, whether oral, written, or digital, disclosed by the Company to you that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, but is not limited to, business plans, strategies, financial information, software, customer lists, marketing materials, and any other non-public information.
5.2 Obligations: You agree to maintain the confidentiality of all Confidential Information disclosed to you and to use such information only as necessary to use the Services in accordance with this Notice. You shall not disclose any Confidential Information to any third party without the prior written consent of the Company.
5.3 Exceptions: The obligations of confidentiality shall not apply to any information that (i) was publicly known at the time of disclosure; (ii) becomes publicly known through no fault of yours; (iii) is independently developed by you without use of or reference to the Confidential Information; or (iv) is required to be disclosed by law, regulation, or court order, provided that you give the Company prior notice of such required disclosure and cooperate with the Company in seeking protective measures.
6. Dispute Resolution
6.1 Governing Law: This Notice and any disputes arising out of or relating to this Notice or the Services shall be governed by and construed in accordance with the laws of England and the United Kingdom, without regard to its conflict of laws principles.
6.2 Arbitration: Any dispute, controversy, or claim arising out of or relating to this Notice or the breach, termination, or validity thereof shall be finally settled by binding arbitration administered by International Chamber of Commerce (ICC). in accordance with its ICC Arbitration Rules. The arbitration shall be conducted in London, United Kingdom, in the English language. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
6.3 Injunctive Relief: Not with standing the foregoing, the Company may seek injunctive or other equitable relief to protect its Intellectual Property rights or to enforce the provisions of this Notice in any court of competent jurisdiction.
7. Miscellaneous
7.1 Severability: If any provision of this Notice is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed modified so as to be valid and enforceable to the fullest extent permitted by law.
7.2 Waiver: The failure of the Company to enforce any right or provision of this Notice shall not constitute a waiver of such right or provision.
7.3 Assignment: You may not assign or transfer any of your rights or obligations under this Notice without the prior written consent of the Company. The Company may assign its rights and obligations under this Notice without restriction.
7.4 Entire Agreement: This Notice constitutes the entire agreement between you and the Company regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, or communications, whether written or oral.
7.5 Modifications: The Company reserves the right, in its sole discretion, to modify this Notice at any time. Any modifications will be effective immediately upon posting of the revised Notice. Your continued use of the Services after any such modifications are posted will constitute your acknowledgment and acceptance of the modifications.
8. Contact Information
If you have any questions, concerns, or comments about this Notice or the Services, please contact us at:
Alcerno Group Limited
48a St George's Square
07522000922