AirQWeb

Real-time Air Quality Data Monitoring

TERMS AND CONDITIONS OF AIRQWEB


Please read these terms and conditions of use carefully before you start to using AirQWeb. By using AirQWeb, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using AirQWeb.



1. INFORMATION ABOUT US

AirQWeb is a website operated by Turnkey Instruments Ltd (hereinafter "Turnkey") a company registered in England and Wales with registration number 2178981.



2. RELIANCE ON INFORMATION POSTED & DISCLAIMER

The materials contained on AirQWeb are provided for general information purposes and, unless stated otherwise, do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

Turnkey does not accept any responsibility for any loss which may arise from accessing AirQWeb or reliance on the information contained therein. To the fullest extent permitted by English law, Turnkey is not liable for any loss or damages direct or indirect arising from use of AirQWeb.



3. ACCESSING AIRQWEB

Access to AirQWeb is permitted on a temporary basis, and Turnkey reserves the right to withdraw or amend the service provided on AirQWeb without notice. Turnkey will not be liable if for any reason AirQWeb is unavailable at any time or for any period.

Use of AirQWeb for data collection and analysis is free of charge providing you own or operate instrumentation supplied by Turnkey. If such is the case, you may create your account to allow access to your private or restricted user area of the website to create your own user content.

If Turnkey provides you with a user name and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user name and password are kept confidential.

Turnkey may disable your AirQWeb account at Turnkey's sole discretion without notice or explanation.

Only those instruments which have been calibrated by Turnkey or its authorised representatives are permitted to add new data to AirQWeb. New data cannot be added from those instruments whose calibration period has expired though their historic data will remain accessible.

Unrestricted pages of AirQWeb are accessible by the general public. Take notice that if you choose to publish your data and other user content to the unrestricted pages of AirQWeb such information will become available to the general public.



4. USER CONTENT

In these terms and conditions, your "user content" means material (including without limitation data, text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Turnkey or a third party.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Turnkey reserves the right to edit or remove any material submitted to this website, or stored on Turnkey's servers, or hosted or published upon this website.

Notwithstanding Turnkey's rights under these terms and conditions in relation to user content, Turnkey does not undertake to monitor the submission of such content to, or the publication of such content on, this website.



5. INTELLECTUAL PROPERTY RIGHTS

Turnkey is the owner or the licensee of all intellectual property rights in AirQWeb and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You are free to disseminate your own private or public information from AirQWeb provided due acknowledgement is given to AirQWeb as the source of the information.

Turnkey aims to update AirQWeb regularly, and may change the content at any time. If the need arises, Turnkey may suspend access to AirQWeb, or close it indefinitely. Any of the material on AirQWeb may be out of date at any given time, and Turnkey is under no obligation to update such material.



6. OUR LIABILITY

The material displayed on AirQWeb is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Turnkey, and any connected third parties hereby expressly, but not exhaustively, will not be liable for:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with AirQWeb or in connection with the use, inability to use, or results of the use of AirQWeb, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data and user content;
loss of goodwill;
wasted management or office time; and

for any other loss or damage of any kind, however arising 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.

This does not affect 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.



7. INFORMATION ABOUT YOU AND YOUR VISITS TO AIRQWEB


AirQWeb processes information about you in accordance with Turnkey's privacy policy. By using AirQWeb, you consent to such processing and you warrant that all data provided by you is accurate



8. DATA


It is important that users of AirQWeb have access to the best possible data at all times. To this end, Turnkey has put in place a comprehensive system of both automatic and manual data reviews and updates for the AirQWeb as described below:

Daily mean monitoring results from the monitoring sites are uploaded to the database as provisional data every night. These figures undergo some basic screening criteria in order to exclude clearly faulty data as far as possible. However, the objective of the exercise is to provide data for human health concerns on a near real-time basis, so the checks have to be essentially automatic and rapid. This means that full validation procedures cannot be applied and the data are therefore likely to be of lower accuracy and reliability than that required for final reporting.

These data are not fully verified or validated and should be considered preliminary and subject to change. Data and information reported are for the express purpose of reporting the air quality. As such, they should not be used to formulate or support regulation,trends, guidance, or any other government or public decision making.



9. VIRUSES, HACKING AND OTHER OFFENCES

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

Turnkey 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 AirQWeb or to your downloading of any material posted on it, or on any website linked to it.



10. LINKS FROM AIRQWEB

Where AirQWeb contains links to other sites and resources provided by third parties, these links are provided for your information only. Turnkey has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via AirQWeb Turnkey advises you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.



11. REASONABLENESS

By using AirQWeb, you agree that the exclusions and limitations of liability set out in these terms of use are reasonable.

If you do not think they are reasonable, you must not use AirQWeb.



12. OTHER PARTIES

You accept that, as a limited liability entity, Turnkey has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Turnkey's officers or employees in respect of any losses you suffer in connection with AirQWeb.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these terms of use will protect Turnkey's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Turnkey.



13. UNENFORCEABLE PROVISIONS

If any provision of these terms of use is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these terms of use.



14. INDEMNITY

You hereby indemnify Turnkey and undertake to keep Turnkey indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Turnkey to a third party in settlement of a claim or dispute on the advice of Turnkey's legal advisers) incurred or suffered by Turnkey arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.



15. BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to Turnkey's other rights under these terms and conditions, if you breach these terms and conditions in any way, Turnkey may take such action as Turnkey deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing AirQWeb, blocking computers using your IP address from accessing AirQWeb, contacting your internet service provider to request that they block your access to AirQWeb and/or bringing court proceedings against you.



16. ASSIGNMENT

Turnkey may transfer, sub-contract or otherwise deal with Turnkey's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.



17. SEVERABILITY

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. If any unlawful and/or unenforceable provision 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.



18. ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and Turnkey in relation to your use of AirQWeb, and supersede all previous agreements in respect of your use of AirQWeb.



19. LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with English Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of United Kingdom. These terms of use 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.



20. VARIATIONS

Turnkey may revise these terms of use at any time. You are expected to check this from time to time to take notice of any changes Turnkey makes as they may affect you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on AirQWeb.



21. YOUR CONCERNS

If you have any concerns about material which appears on AirQWeb, please contact software support.



Thank you for using AirQWeb.


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