Website Terms of Use

1. About These Terms and Who We Are

These Terms of Use (“Terms”) govern your access to and use of map.mediacle.com (the “Website”), operated by Mediacle Limited (“Mediacle”, “we”, “us”, “our”), a company registered in England and Wales under company number 08757407 with its registered office at 16 Upper Woburn Place, London, WC1H 0BS, United Kingdom.

By accessing or using the Website, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use the Website. These Terms incorporate by reference our Privacy Policy and Cookie Policy.

The Website is directed at business users. If you access the Website on behalf of a company or other organisation, you confirm that you have authority to bind that organisation, and “you” includes that organisation.

2. These Terms Do Not Govern Our Services

The Website provides general information about Mediacle and its software products. Access to and use of Mediacle’s software products and services is governed exclusively by a separate written agreement signed between Mediacle (or its relevant affiliate) and the client (the “Client Agreement”). Nothing on the Website, and nothing in these Terms:

• constitutes an offer capable of acceptance, a binding commitment, or a contract for the supply of any product or service;
• forms part of, varies, or supplements any Client Agreement, unless expressly incorporated into that Client Agreement in writing; or
• creates any warranty, representation or service commitment in respect of any Mediacle product or service.

3. B2B Software Only — No Gambling Services

Mediacle provides business-to-business software and related technology services only. Mediacle does not operate, offer, provide, sponsor, endorse or promote any gambling, betting, gaming, lottery or wagering services of any kind. Nothing on the Website constitutes, or should be understood as, gambling, a gambling product or service, an inducement or invitation to gamble, or advertising of any gambling service. Any references on the Website to clients, industries, sectors or use cases are descriptive of Mediacle’s software business only. To the fullest extent permitted by law, Mediacle accepts no liability arising from any contrary interpretation of the Website or its content.

4. Website Content — Information Only; No Reliance

All content on the Website, including text, descriptions, specifications, screenshots, images, graphics, videos, diagrams, statistics, case studies and other materials (“Content”), is provided for general information purposes only. The Content:

• is not advice of any kind (including legal, financial, technical or professional advice) and should not be relied upon as such;
• may be incomplete, out of date, or superseded at any time without notice; and
• is not a representation, warranty, commitment or term of any contract.

5. Product Depictions, Screenshots and Graphics — Illustration Only

All images, screenshots, graphics, mock-ups, videos, animations, demonstrations, workflows, dashboards, data, figures and other visual or descriptive depictions of Mediacle’s software or services displayed on the Website (the “Depictions”) are provided for illustrative purposes only. Without limiting the generality of the foregoing, you acknowledge and agree that:

• the Depictions may not accurately reflect the current, past or future appearance, features, functionality, performance, outputs, or user interface of any Mediacle product;
• the actual product supplied to any client may differ materially from the Depictions, including in design, layout, features, modules, integrations, data, and functionality;
• any features, functionality, modules, integrations or capabilities shown or described on the Website may be in development, may be offered only on certain plans, editions or configurations, may require additional fees, may be modified or discontinued at any time, and may never be made generally available;
• nothing on the Website constitutes a representation, warranty, guarantee or commitment that any feature or functionality shown or described will be available to any client, at any time, in any form;
• any sample data, metrics, results or performance figures shown are illustrative only and are not a representation of results any client will or may achieve; and
• the features and functionality actually provided to a client are exclusively those expressly set out in the applicable signed Client Agreement, and no Depiction or Website description forms part of, or may be used to interpret, any Client Agreement.

6. Permitted Use of the Website

You may use the Website only for lawful purposes and in accordance with these Terms. You must not:

• use the Website in any way that breaches any applicable law or regulation, or that is fraudulent or harmful;
• attempt to gain unauthorised access to the Website, its servers, or any connected database or system;
• introduce viruses, trojans, worms, or other malicious or technologically harmful material;
• use any robot, spider, scraper or other automated means to access, copy, or index the Website or its Content, including for the purposes of training machine learning or artificial intelligence models, without our prior written consent;
• reproduce, duplicate, copy, sell, resell, frame, mirror or otherwise exploit any part of the Website or its Content for commercial purposes without our prior written consent; or
• interfere with, damage or disrupt the Website or any equipment, network or software used in its operation.

7. Intellectual Property

We are the owner or licensee of all intellectual property rights in the Website and its Content, including all software, text, designs, graphics, logos, trade marks, trade names, and the “Mediacle” name and marks. All such rights are reserved.

You may view, and print or download extracts of, Website pages for your internal business evaluation purposes only, provided you do not modify them and you retain all copyright and proprietary notices. No other use is permitted without our prior written consent. Nothing in these Terms grants you any licence or right to use any trade mark, logo or brand feature of Mediacle or any third party.

8. Availability, Accuracy and Changes

• The Website is provided free of charge and on an “as is” and “as available” basis.
• We do not guarantee that the Website, or any part of it, will always be available, uninterrupted, secure, or free from errors, viruses or defects.
• We may suspend, withdraw, discontinue or change all or any part of the Website, or these Terms, at any time and without notice, and we will not be liable to you for doing so.
• We may update or change the Content at any time, but we are under no obligation to do so, and the Content may be out of date at any given time.

9. Disclaimer of Warranties

To the fullest extent permitted by law, we exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity in relation to the Website and the Content, including any implied warranties of satisfactory quality, fitness for a particular purpose, accuracy, completeness, non-infringement, and uninterrupted or error-free availability.

10. Limitation and Exclusion of Liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the law of England and Wales.

Subject to the paragraph above, and to the fullest extent permitted by law:

• we exclude all liability to you (whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise) for any loss or damage of any kind arising out of or in connection with your use of, or inability to use, the Website, or your use of or reliance on any Content or Depiction, even if foreseeable;
• we shall in no circumstances be liable for any loss of profits, revenue, sales, business, contracts, anticipated savings, goodwill or reputation, loss or corruption of data, business interruption, or any indirect, special or consequential loss or damage;
• we accept no liability for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your equipment, programs, data or other proprietary material due to your use of the Website or your downloading of any content from it or any linked website; and
• if, notwithstanding the foregoing, we are found liable to you in connection with the Website, our total aggregate liability shall not exceed one hundred pounds sterling (£100).

11. Indemnity

You agree to indemnify and hold harmless Mediacle Limited, its group companies, and their respective officers, directors, employees and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms or your misuse of the Website.

12. Third-Party Links

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us. We have no control over, and accept no responsibility or liability for, the content, availability, or practices of any third-party sites or resources.

13. General

• Entire terms: These Terms, together with the documents referred to in them, constitute the entire terms between you and us regarding use of the Website, and supersede all prior understandings relating to the same, provided that nothing in this clause limits or excludes liability for fraud.
• Severance: If any provision of these Terms is held invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force.
• No waiver: Any failure or delay by us in enforcing these Terms shall not constitute a waiver of our rights.
• Assignment: We may assign or transfer our rights and obligations under these Terms. You may not do so without our prior written consent.
• Third party rights: Except for Mediacle group companies and the persons identified in clauses 10 and 11, no person other than you and us shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms.

14. Governing Law and Jurisdiction

These Terms, their subject matter and formation, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, are governed by the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, save that we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

15. Contact

Mediacle Limited, 16 Upper Woburn Place, London, WC1H 0BS, United Kingdom. Email: info@mediacle.com.