Validex terms and conditions

Introduction

The following Terms and Conditions were updated on May 25. 2018.

These terms and conditions apply between you, the User of validex.net, here after called the Website, (including any sub-domains, unless expressly excluded or modified by their own terms and conditions), and Midran Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Midran Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Midran Limited and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

1. All Content included on the Website, unless uploaded by Users, is the property of Midran Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, validation results, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

2. You may, for your own personal and limited commercial needs use the Website do the following:

  • upload and validate XML documents that are based on the technical specifications that are supported in the Website and are listed on the submit page in the Website.
  • retrieve, display and view the Content on a computer screen.
  • print one copy of the Content.

3. Limited commercial use means using the Website for validations of XML documents that are created as part of your own business processes or during their development or redesign. It allows you to point your customers to the Website so that they may themselves use the Website in the same way. It does not allow you to use the Website as a tool for providing and selling services to your own customers where the Website becomes a significant part of that service.

4. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Midran Limited.

5. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.

6. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Midran Limited for all claims resulting from Content you supply.

Prohibited use

7. You may not use the Website for any of the following purposes:

  • in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or use of the Website;
  • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
  • making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration and personal data

8. You must ensure that the details provided by you on registration or at any time are correct and complete.

9. By registering on the Website you agree that your email is added to our mailing list and is part of that list unless you cancel your registration to the Website. Our use of that mailing list is limited to the following:

  • Sending notices that concern the operation and update of the Website or its Content.
  • Send informative articles that are relevant to validations of electronic messages and the use of electronic messages for business process automation. Such articles may not be published more than twice a month.
  • Send offers and sales oriented notices that are concerned with paid version of the Website or other Midran product that are concerned with electronic messages and their validation. Such offers must have a minimum interval of one month.
  • We may not share the mailing list with any outside party.
  • If your email address is or becomes invalid that constitutes a cancellation of your access to the Website.
  • All our mailings must contain a link that allows you to unsubscribe from the mailing list. Using that link to unsubscribe from the mailing list also constitutes a cancellation of your access to the Website.

10. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

11. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

12. You may cancel your registration at any time by informing us in writing to the email address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights. When receiving your request for cancellation we will remove your personal data from our database and make validation records untraceable to you.

Storing and handling of data

13. When you register into the Website you provide your email, name and company name and we will store that in our customer records. During your use of the validation service we register the validations, what document types are validated and what rules fail. We do not store in our databases the XML file that you submit for validation and only keep it in cache memory during your validation session and purge it when you end the session or it times out. If you unregister from the Website we will delete your personal data and make the validation records untraceable to you.

14. When you upload data for validation it is transferred encrypted over the Internet by using the HTTPS protocol. In the unlikely event that the encryption in the protocol/log is compromised by an external party we do not accept any responsibility for resulting damages.

15. All data is stored on servers are hosted by Amazon Web services in their Ireland data center.

Links to other websites

16. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Midran Limited or that of our affiliates.

17. 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.

18. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Availability of the Website and disclaimers

19. Any online facilities, tools, services or information that Midran Limited makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Midran Limited is under no obligation to update information on the Website.

20. Whilst Midran Limited uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

21. Midran Limited accepts no liability for any disruption or non-availability of the Website.

22. Midran Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

23. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

24. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.

25. We will not be liable to you in respect of any losses arising out of events within or beyond our control.

26. To the maximum extent permitted by law, Midran Limited accepts no liability for any of the following that may directly or indirectly result from your use of the Website or its Content:

  • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities,;
  • loss or corruption of any data, database or software;
  • any special, indirect or consequential loss or damage.

General

27. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

28. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

29. These terms and conditions contain the whole agreement between the parties relating to its subject matter and superseed any informal information that may be given through other mean, including but not limited to, verbal communication, marketing material, presentations, emails, other sections of the Website. These terms and conditions may only be superseded through direct contractual arrangements between us and a named party in such as contract.

30. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

31. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforce ability of the other provisions of these terms and conditions will not be affected.

32. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

33. These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.

Midran Limited details

34. Midran Limited is a company incorporated in England and Wales with registered number 08455498 whose registered address is 10 John Street, London, WC1N 2EB, United Kingdom. The company website is www.midran.com. The registered VAT number is 220 9847 06.

You can contact Midran Limited by email to midran@midran.com