1.1 These terms and conditions shall govern your use of our website http://www.nanogen.com as well as, unless therein excluded, any website on sub-domains, extensions and locales we own (“the website”).
1.2 Any reference to “we” or ”us” or ”our” or ”nanogen” in these terms and conditions is a reference to Pangaea Laboratories Ltd., and its successors, whose registered office is at 35 Ballards Lane, Finchley, London N3 1XW and any reference in these terms and conditions to "you" or "your" or “yours” or ”yourself” or ”yourselves” means you, the user of the website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 Please read these terms and conditions carefully as they affect your rights and liabilities under law. We recommend you keep a copy of these terms and conditions for your future reference. Note that these terms and conditions are only available in English. If you have any queries regarding these terms and conditions then please contact us.
1.4 If you register with our website ie. create an account, which you must do in order to submit any material to the website, we will ask you to expressly agree to these terms and conditions.
1.5 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.7 The section headings contained in these terms and conditions are inserted for convenience and reference purposes only and shall not in any way affect the meaning or interpretation of the clauses and provisions contained in the terms and conditions.
2. WHO IS PANGAEA LABORATORIES?
2.1 Copyright (c) 2018 Pangaea Laboratories Ltd.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. LICENSE TO USE WEBSITE
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not without our express and revocable written permission:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in electronic form, provided it is not altered, to any person. And for the avoidance of doubt, you may share any of our social media posts.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
3.8 You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
4. ACCEPTABLE USE
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website;
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);
(h) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(i) for the purpose of harming or attempting to harm minors in any way.
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
5.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.3 Prices stated on our website may be stated incorrectly.
5.4 The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.
5.5 Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.
6. REGISTRATION AND ACCOUNTS
6.1 You may register for an account with our website by completing and submitting the account registration form on our website.
6.3 You must not allow any other person to use your account to access the website.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 You must not use any other person's account to access the website.
6.7 The personal data referred to in Section 6.6 may include mandatory information for example, but not limited to, your name, your gender, your age range, any referral details, your password, your billing address and where applicable a different delivery address. Where mandatory information is not adequately supplied, you may not be able to register for an account.
6.8 During the registration process, once you click on the “save”, “submit” or an equivalent button, this information will be stored in our customer database. You can access, update or correct your personal account details via the "My Account" or equivalent button.
7. USER LOGIN DETAILS
7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password. Please email us, at the email address published on our website, if you become aware or suspect any unauthorised use of your password or username.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7.6 You warrant that the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
8. CANCELLATION AND SUSPENSION OF ACCOUNT
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website using your account control panel on the website, or if that is not possible, by requesting in writing for us to do so on your behalf. In case of the latter, we reserve the right to require suitable identification and that you cooperate with reasonable procedures such as, but not necessarily limited to, confirming the receipt of a security email code, so as to ensure the account you wish request us to close belongs to you.
9. YOUR CONTENT: LICENSE
9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, your likeness, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content:
9.2.1 in relation to this website and any successor website (which may have a different URL); and
9.2.2 in any existing or future media such as, without limitation leaflets, brochures, adverts, posters and the like.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 With reference to Section 9.3, and without in any way limiting the generality of Section 9.3, but by way of example, the sub-license would permit the use of your content by stockists of the our brand in their marketing and advertising, and the use by bloggers and other websites who are publishing content related to the our brand, and for use by partners we may work with from to time to time such as a media buyer, marketing agency or branding consultancy.
9.5 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.6 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.7 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.8 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. YOUR CONTENT: RULES
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing (more than politely critical), hateful, discriminatory or inflammatory;
(r) cause annoyance, inconvenience or needless anxiety to us or any person;
(s) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety to us or any individual;
(t) be likely to harass, upset, embarrass, alarm or annoy us or any individual;
(u) contain any material that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, company or corporation;
(v) be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
(w) give the impression that they emanate from us, if this is not the case.
11. REPORT ABUSE
11.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
11.2 You can let us know about any such material or activity by email.
12. LIMITED WARRANTIES
12.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
(d) that the website or any service is fit for purpose or meets your needs or requirements.
12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
12.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
13. LIMITATIONS AND EXCLUSIONS OF LIABILITY
13.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
(a) are subject to Section 13.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
13.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
13.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
14. BREACHES OF THESE TERMS AND CONDITIONS
14.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
14.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
15. THIRD PARTY WEBSITES
15.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
15.2 We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
16.1 We may revise these terms and conditions from time to time.
16.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
16.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
16.4 If you have given your express agreement to these terms and conditions and as a consequence of human error, or technical fault with the website, we fail to ask or obtain your express agreement to any revised terms and conditions referred to in Section 16.3 (and/or fail to disable or delete your account, and you continue to use this website), then the terms and conditions to which you have expressly agreed, namely these terms and conditions, will apply.
17. NO WAIVER
17.1 Failure to insist upon strict compliance with any of the terms, covenants, or conditions hereof will not be deemed a waiver of such term, covenant, or condition, nor will any waiver or relinquishment of, or failure to insist upon strict compliance with, any right, power or remedy power hereunder at any one or more times be deemed a waiver or relinquishment of such right, power or remedy at any other time or times.
17.2 No delay in exercising any right hereunder shall be deemed a waiver thereof, and no waiver shall be deemed to have any application to any future default or exercise of rights hereunder.
18.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
18.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were modified, that part will be deemed to be modified to the minimum extent necessary to make it valid, legal and enforceable, and the rest of the provision will continue in effect.
19.3 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. THIRD PARTY RIGHTS
20.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
20.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
21. ENTIRE AGREEMENT
21.1 Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy and medical information disclaimer, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
22. LAW AND JURISTICION
22.1 These terms and conditions shall be governed by and construed in accordance with English law.
22.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
23. OUR DETAILS
23.1 This website is owned and operated by Pangaea Laboratories Ltd.
23.2 We are registered in England and Wales under company registration number 03783618, and our registered office is at 35 Ballards Lane, Finchley, London N3 1XW.
23.3 Our principal place of business is as listed on our corporate website http://www.pangaea.co.uk
23.4 You can contact us:
(a) by post, using the postal address referred to above; and/or
(b) using our website contact form, if available from time to time; and/or
(c) by telephone, on the contact number published on our website from time to time; and/or
(d) by email, using the email address published on our website from time to time.