Terms and Conditions

Effective Date: 2024-05-13

Welcome to [EMS MSW] ("we", "our", "us"). By using our website [msw.ems-uk.com] (the "Website") and our data feed API ("API"), you agree to comply with and be bound by the following terms and conditions ("Terms"). If you do not agree with these Terms, please do not use the Website or the API.

1. Acceptance of Terms

By accessing and using the Website and the API, you accept and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

2. Use of the Website and API

• Eligibility: You must be at least 18 years old to use our Website and API. By using the Website and API, you represent and warrant that you meet this requirement.
• User Responsibilities: You are responsible for ensuring that any data you upload to the Website is accurate, lawful, and does not infringe on any third-party rights. You are also responsible for any actions taken under your account.
• Compliance: You agree to comply with all applicable laws and regulations when using the Website and API.

3. Data Feed API

• Access and Use: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the API.
• Restrictions: You agree not to:
  • Use the API in any manner that could damage, disable, overburden, or impair the Website or API.
  • Use the API for any unlawful or prohibited activities.
  • Attempt to gain unauthorized access to any part of the Website or API.

4. Disclaimer of Warranties

The Website and API are provided on an "as-is" and "as-available" basis. We make no representations or warranties of any kind, express or implied, regarding the Website or API, including but not limited to the accuracy, reliability, availability, or suitability of the Website or API for any purpose.

5. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Website or API.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any interruption or cessation of transmission to or from the Website or API.
• Any bugs, viruses, trojans, or the like that may be transmitted to or through the Website or API by any third party.
• Any errors or omissions in any content or data made available through the Website or API.

6. Indemnification

You agree to indemnify, defend, and hold harmless [Your Website Name], its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Website or API, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

7. Modifications to the Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website or API following the posting of revised Terms means that you accept and agree to the changes.

8. Termination

We may terminate or suspend your access to the Website and API immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website and API will cease immediately.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in England, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

10. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: sales@ems-uk.com

• Address:

   Electronic Media Services Ltd
   1st Floor,  Building 51
   Whitehill & Bordon Enterprise Park,
   Budds Lane,   Bordon
   Hampshire,   GU35 0FJ
   United Kingdom

By using our Website and API, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

This Terms and Conditions document is designed to comply with UK law and ensures that users understand their responsibilities and the limitations of liability when using your Website and API. If you have any specific legal concerns, it is always best to consult with a legal professional.