Terms & Conditions

1. Acceptance of Terms and Conditions

These Terms and Conditions (together with the other documents and policies referred to herein) are the terms of use on which you may make use of the Company’s Website [www.nektan.com] (the “Website”).  Use of the Website includes accessing, browsing, or registering to use the Website.

You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you confirm that you accept the terms, conditions and disclaimers contained in these Terms and Conditions and that you agree to comply with them. Please read the Terms and Conditions carefully before you start to use the Website, as these will apply to your use of the Website. We recommend that you print a copy of this page for future reference. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2. Advice

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.

3. Changes to Website

The Company reserves the right to:

3.1 Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that the Company shall not be liable to you for any such damage or removal; and

3.2 Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Please also note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it, although we will take all reasonable measures to do so.

4. Links to Third Party Websites

The Website may include links to third party websites that are controlled and maintained by others.  Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Any link to other websites is not an endorsement by us of such websites and you acknowledge and agree that the Company is not responsible for the content or availability of any websites linked on our Website. We will not be liable for any loss or damage that may arise from your use of them.

5. Intellectual Property Rights

5.1 All copyright, trade-marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics, video clips, sounds, other files and all software and source codes connected with the Website) are owned by or licenced to the Company or otherwise used by the Company as permitted by law. All such rights are reserved.

5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use.  None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. 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. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only. 

6. Disclaimers and Limitation of Liability

6.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

6.2 To the extent permitted by law, the Company will not be liable for any indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, whatever (including, without limitation, loss of business, opportunity, data, profits) arising out of or in connection with the use of, or inability to use, the Website. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

6.3 The Company makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of bugs or viruses or anything else which may be harmful or destructive. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

6.4 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 to your downloading of any content on it, or on any website linked to it. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.

6.5 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Company for death or personal injury as a result of the negligence of the Company or that of its employees or agents. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.

6.6 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 Conditions and other applicable terms and policies, and that they comply with them.

6.7 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. 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.

7. Indemnity

You agree to indemnify and hold the Company and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and others expenses in relation to any claims or actions brought against the Company arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

8. Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Terms and Conditions shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

9. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of Gibraltar and your hereby submit to the exclusive jurisdiction of the Supreme Court of Gibraltar.

10. Protection of Personal Data/Protection of Privacy

The protection of individual personal data is an important concern of ours. For this reason, we conduct our activities in keeping with the relevant statutory provisions pertaining to the protection of private data and data security.
Any personal data that you provide to us will only be used for the purpose specified and generally for the handling of requests or job applications.

Our Privacy Policy, which may be accessed at [INSERT AS LINK TO WEBSITE'S PRIVACY POLICY], sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

11. Cookies

In order to recognise the sites you have already visited and to meet your interests when visiting our Website, we may store connection data, the Internet Browser you used, visited sites, etc. in some cases we might also store “cookies” or makes use of active components (e.g. JAVA Scripts) on this Website for various purposes. Cookies allow us to distinguish you from other users of our Website, which helps us to improve your browsing experience and helps us to improve our Website.
Our Cookie Policy [INSERT AS LINK TO COOKIE POLICY], sets out information about the cookies on our Website.

12. Date and Version Control

Version 1.0. These Terms and Conditions were last updated on [3] November 2015.

13. Contact

Please direct any queries or requests for further information to:
Email: investors@nektan.com

14. Information About Us

The  Website is operated by Nektan plc. We are registered in Gibraltar under company number 105853 and have our registered office at Suite 1, Burn’s House, 19 Town Range, Gibraltar.