Terms & Conditions

This website www.sapienzaconsulting.com (“Website”) is operated by Sapienza Consulting Limited, a limited company registered in England and Wales with company number and whose registered office is at 61 Rodney Street, Liverpool, Merseyside, L1 9ER (“we” / “our” / “us”).

These terms and conditions including the Licence terms below (if applicable) (“Terms”) apply to your use of our Website whether as a guest or a registered user of the ECLIPSE demo area. Please read these Terms carefully before you start to use the Website. By using the Website, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using our Website.

Accessing Our Website

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

Some parts of our Website are restricted to users who have registered with us (for example the ECLIPSE demo part of our Website).

If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user name 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.

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

ECLIPSE Demo Licence Terms (“Licence”)

The ECLIPSE Demo is a service intended for use by businesses not consumers.  You will be contacted by us once you have requested an ECLIPSE Demo Account and you will only be granted access to the ECLIPSE Demo if approved by us.

By registering for the ECLIPSE Demo, by gaining access to the ECLIPSE Demo, by accessing or otherwise using the ECLIPSE software, you agree to be bound by the Terms including this Licence. If you do not agree to the Terms including this Licence, you must not sign up, access, or otherwise use the ECLIPSE Demo.

Definitions

The following definitions apply to this Licence:
“ECLIPSE Demo Account” means an account created via this Website in order for us to grant you access to the ECLIPSE Demo;
“ECLIPSE Demo” means the eclipse Demo part of the Website containing the eclipse Software;
“ECLIPSE Software” means all of the code, pictures and online documentation, including help, screen shots, feature and other pages provided as a trial version in the ECLIPSE Demo; and
“Trial Period” means the period commencing on the date that we grant you access to the ECLIPSE Demo through your ECLIPSE Demo Account until such time that we disable access to the ECLIPSE Demo as determined by us on a case by case basis and communicated to you in advance.

Grant of Licence 

You acknowledge that the ECLIPSE Software and the ECLIPSE Demo service are provided free of charge by us subject to these Terms as a trial version of our software product for your understanding and evaluation before deciding whether you wish to enter into a full licence.

In consideration of you obtaining the limited right set out in this Licence to use this ECLIPSE Demo subject to these Terms we grant to you a personal, non-transferable, non-exclusive, revocable licence to use the ECLIPSE Software during the Trial Period solely for the purposes of evaluating the ECLIPSE Software for your use.

We reserve the right to modify, update or upgrade the ECLIPSE Software without giving you prior notice.

Restrictions 

You shall not:
1.reverse engineer, decompile, decrypt, decode, or disassemble the ECLIPSE Software or any copy of it;
2.modify, merge, revise, enhance or create derivative works based upon the eclipse Software in whole or in part;
3.examine the internal design or operation of the ECLIPSE Software;
4.place the ECLIPSE Software onto a server so that it is accessible via a public network;
5.copy or distribute copies of the ECLIPSE Software;
6.remove any proprietary notices or labels on the eclipse Software or any copy of it;
7.gain access to the server which hosts the ECLIPSE Software in ways that are not expressly authorised by us;
8.resell, lease, rent, transfer, sublicense, or otherwise transfer rights or grant access to the ECLIPSE Software or any copy of  it;
9.establish multiple ECLIPSE Demo Accounts;
10.perform or release benchmarks, comparisons, or evaluations of the ECLIPSE Software without our written prior consent;
11.use the ECLIPSE Software for commercial purposes; or
12.export or re-export the ECLIPSE Software in any form in violation of any applicable laws and regulations regarding export control of the country in which you obtained them or the United States.

Your Information

You acknowledge that we are not under any obligation to store or keep the information that you submit whilst using the ECLIPSE Demo and you agree:
1.not to submit any of your confidential information into the ECLIPSE Demo. You understand that we have no obligations of confidentiality to you in respect of information that you choose to submit in the ECLIPSE Demo; and
2.that it is your responsibility to keep separate copies of any information you submit whilst using the ECLIPSE Demo and to back up such information, if you so require.

Term and Termination

This Licence is valid for the Trial Period only. We may terminate this Licence immediately without prior notice to you if you fail to comply with the Terms.

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 or made available through it (which includes ECLIPSE Software), and you acknowledge that no title in such intellectual property is transferred to you.  Those works are protected by laws regarding copyright and other intellectual property rights and under treaties around the world.  All rights not expressly granted in these Terms and are reserved by us.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website. This paragraph does not apply to the ECLIPSE Software in relation to which the restrictions in the Licence above apply (see Restrictions).

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 material on our Website must always be acknowledged.

You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download or use 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.

Reliance on Information Posted

Any materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

Our Website Changes Regularly

We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

Our Liability

The materials displayed on our Website (which includes the eclipse Software) are provided “as is”. We expressly exclude all warranties and conditions, whether implied or statutory, including but not limited to fitness for a particular purpose, lack of virus, accuracy, timeliness, completeness or satisfactory quality.

Subject to the exception for consumers set out in the section headed “Our Liability to Consumers” below and to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any sites linked to it and any materials posted on it (which includes the eclipse Software), including but not limited to:

  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time;
  • any loss or damage caused to your information technology systems;

and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

Liability That We Do Not Exclude

In no circumstances do we limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information About You and Your Visits to Our Website

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

Viruses, Hacking and Other Offences

You must not misuse our Website 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 our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website 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 we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable 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 our Website or to your downloading of any material posted on it, or on any website linked to it.

Linking 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, 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.

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 make any use of material on our Website other than that set out above, please address your request to sales@sapienzaconsulting.com.

Links from our Website

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those websites 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 English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

These Terms 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

“SAPIENZA”™, “ECLIPSE”™ and “SAPIENZA IN SPACE WE CARE (plus logo)”™ are trade marks of Sapienza Consulting Limited.

Variations

We may revise these Terms 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 made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website.

Severance

If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

Your Concerns

If you have any concerns about material which appears on our Website, please contact sales@sapienzaconsulting.com.