Terms of Use

Last Updated December 1, 2022

1. Introduction
   1.1.By accessing or using this website (the “Website”), you agree to be bound the following terms and Conditions (“Terms”), which, together with our Privacy Policy and Cookie Policy govern our relationship with you in relation to the Website. These Terms apply to the entire contents of this Website and contain important information explaining your rights to access and use the Website. The Website is operated by Tenpoint Therapeutics Limited, a private limited company incorporated in England and Wales with company number 12862607 whose registered office is at 30 Broad Street, Great Cambourne, Cambridge, England CB2 6HJ (“Tenpoint/we/our/us”).

   1.2. Please read these Terms carefully. You should pay particular attention to section 5 (“Disclaimers of liability”) as this excludes or limits our legal liability in connection with your use of the Website. If you do not agree to all of these Terms and do not wish to be bound by the Terms, you must not use this Website. If you breach any of these Terms, your permission to use the Website will automatically terminate.

2. Changes to Terms
   2.1. We may make changes to these Terms periodically without notice, so you should check these Terms before every attempt to use the Website. Your access to or use of the Website at any time shall constitute your agreement to the latest published version of the Terms. If you do not agree to any change to the Terms then you must immediately stop using the Website.
3. Using the Website and Intellectual Property Rights
   3.1. You acknowledge and agree that information, advice and content made available on or through the Website is provided for general information purposes only. This Website does not provide medical or professional services or advice. Nothing posted on this Website should be understood to provide advice or a treatment recommendation regarding your health or the health of others. Consult a doctor or other qualified health care professional regarding any questions you have about your health and before making any treatment decisions. Nor should the content of this Website substitute for the medical judgment of a qualified health care professional. Doctors and other qualified health care professionals should exercise independent medical judgment in evaluating the information on this Website.

   3.2. Further, this Website and all content and materials published on or available through the Website are presented solely for your private, personal, informational and non-commercial use. This Website and all content and materials available or displayed on or through this Website (including, without limitation, all text, graphics, logos, names, artwork, photographs and videos) are the property of Tenpoint and/or its licensors and are protected by copyright, patent, trade mark, trade secret and/or other proprietary rights and laws. Tenpoint reserves all intellectual property rights in this Website and all content and materials published on or available through this Website. Except as expressly provided in these Terms, nothing contained in this Website grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Tenpoint or any third party.

   3.3. You may use the Website for lawful purposes only. You must not reproduce, distribute, modify, copy, reverse engineer, reverse assemble or otherwise try to discover any source code in the Website or any content appearing or displayed on or through it, nor transmit, reuse, repost, or use the Website or any content appearing or displayed on or through it, including (without limitation) any software, text, images, audio, or video, for public or commercial purposes, without the express written permission of Tenpoint. You must not frame, scrape, rent, lease, loan, sell, assign, sublicense, distribute or create derivative works based on, or otherwise transfer any right or interest in the Website or any content appearing or displayed on or through it, in whole or in part. You must not introduce to the Website any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software used in connection with the provision of the Website; or any equipment, software or website owned or used by a third party. You must not attack the Website via a denial-of-service attack.

   3.4. In connection with your use of the Website you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Tenpoint from accessing the Website (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Website other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Website or distributed in connection therewith are the property of Tenpoint, our affiliates and our licensors. Any rights not expressly granted herein are reserved by Tenpoint.

   3.5. Tenpoint may modify, expand, reduce, or terminate all or any part of this Website at any time or discontinue, change, or restrict your use of this Website for any reason without notice. You acknowledge and agree that to the fullest extent permitted by law, Tenpoint will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part thereof.

   3.6. Without prejudice to our other rights or remedies, we reserve the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this section of the Terms, and to disclose such information to law enforcement agencies as we reasonably believe is necessary.

   3.7. Tenpoint makes no representation that the information on this Website is appropriate or available for use in your location. Access to this site from territories where the content of this Website may be illegal is prohibited. If accessing the Website or any material or content on the Website infringes any applicable law in your jurisdiction(s), you are not authorised to access or use the Website and you must cease use immediately.

4.  Information you provide to us
   4.1. Tenpoint may collect information about you when you use this Website, as described in our Privacy Policy. You are responsible for the accuracy of any personal information that you choose to share with Tenpoint through this Website.

   4.2. Except for information covered by the Tenpoint Privacy Policy, any communications or materials you send to this Website, or otherwise to Tenpoint in any format in the absence of additional applicable terms or conditions, are provided on a non-confidential basis, and Tenpoint is under no obligation to refrain from reproducing, publishing, or otherwise using them in any manner.

5. Disclaimers of liability
   5.1. The provisions of this section 5 should be read carefully as they exclude or limit our legal liability in connection with your use of this Website.

   5.2. To the fullest extent permitted by law, Tenpoint provides information and content on this Website subject to the following additional terms. This Website and all information and content on this Website is provided to you on an “as is” and “as available” basis. Tenpoint excludes all representations, conditions or warranties of any kind, either express or implied, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy and non-infringement. Tenpoint makes no warranty as to the accuracy, correctness, timeliness, currency or reliability of this Website or any content available on or through this Website. Tenpoint undertakes no obligation to update the Website or to correct any inaccuracies which may become apparent, but reserve the right to do so without notice to you.

   5.3. To the fullest extent permitted by law, 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 the Website or to your downloading of any material posted on it, or on any Website linked to it. We are unable to guarantee the confidentiality or security of any data passing via the Website.

   5.4. Without prejudice to section 5.6 below, if you are dissatisfied with us, or dispute these Terms, to the fullest extent permitted by law, your sole right and exclusive remedy is to cease to use the Website. You confirm that we have no other obligation, liability or responsibility to you or any other party. If we are unable to exclude all liability to you then to the fullest extent permitted by law, our liability to you arising under or in connection with this Website, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to £50.

   5.5. To the fullest extent permitted by law, we will not be liable whether in contract, tort (including negligence), breach of statutory duty or otherwise for any: (i) direct or indirect economic losses (including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings); (ii) loss of goodwill or reputation; or (iii) special, incidental or consequential loss or damage, suffered or incurred by you arising out of or in connection with these Terms or your access to or use of the Website.

   5.6. We will not be liable for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, pandemics, epidemics, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

   5.7. Nothing in these Terms will exclude or limit our liability for death or personal injury caused by the negligence of us or our employees, for any fraud or fraudulent misrepresentation by any of the foregoing or for any other liability which cannot be excluded or limited by applicable law.

6. Linked websites
   6.1. This Website may be updated to contain links to websites operated by other parties as a convenience to users. Such linked websites are not under our control and access to such websites is entirely at your own risk. Tenpoint is not responsible for their availability, accuracy or content or for any loss or damage that may arise out of your access to or use of them. By providing these links, Tenpoint is not endorsing material on any other site and to the fullest extent permitted by law, Tenpoint disclaims all liability with regard to your access to such linked websites. When you access any such linked websites you understand that it is independent from Tenpoint and that we have no control over the content or availability of that website. You should read any terms and conditions applying to the use of any linked websites that you visit and address any complaints or queries relating to such websites to the operator of that website.

   6.2. You may not use any part of the Website on any other website or link any other website to the Website without our prior written permission.

7. General
   7.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute regarding these Terms and any and all dealings between us and you, unless you are a consumer located in the European Union or another country within the United Kingdom, in which case you may bring a claim in the courts of your home country.

   7.2. If any provision of these Terms is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.

   7.3. These Terms contain the entire agreement between us and you with respect to their subject matter. A person who isn’t a party to these Terms has no rights under them, whether under the Contract (Rights of Third Parties) Act or otherwise. If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance. We may transfer our rights and obligations under these terms to another organisation.

   7.4. Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of these Terms. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms.

   7.5. If you have any questions, comments or complaints about this Site or any information contained on it, please contact us at info@tenpoint-tx.com.