Terms & Conditions
Online Terms and Conditions of Use
This Website includes content and data privileges accessed using the Website www.adestra.com, owned and operated by Adestra Ltd (‘’Adestra’’) a wholly owned subsidiary of Power Steering Software Limited, No 05887016 whose ultimate parent is Upland Software Corporation (EIN 27-2992077), 401 Congress Avenue Suite 1850, Austin, Texas, 78701, United States of America, that enables users of the Website (“You”, “Your”) to have access to such data that is displayed on it on these terms only. The use of this Website indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference.
Information Security: Adestra employ up to date electronic and physical security to try to ensure that Your data is kept secure in accordance with the Data Protection legislation, including the General Data Protection Regulations principles and the Computer Misuse Act. Whilst we use commercially reasonable efforts to check for the most commonly found viruses, worms, and or trojan horses, or other newly created viruses, we are not in a position to confirm that this Website and any links to it will be free from such viruses and cannot accept any liability in this regard due to the fast-changing nature of such threats. We therefore recommend that you carry out your own virus checks, particularly before opening any link or using the Website.
In these conditions, the following terms shall have the following meaning:
“The Company” (also referred to as ‘we’ and ‘us’ or ‘Adestra’) refers to Adestra Limited registered under number 05267378, VAT No846259988 GB, having its registered office at Holywell House, Osney Mead, Oxford, OX2 OES;
“Website” (also referred to as the “site”) means any website under the ownership or control of the Company from which a link has been created to these terms and conditions;
“Intellectual Property Rights” means all intellectual and industrial property rights including patents, know-how, registered trademarks, registered designs, utility models, Material, applications for and rights to apply for any of the foregoing, unregistered design rights, unregistered trade marks, rights to prevent passing off for unfair competition and copyright, database rights, topography rights, domain names and any other rights in any invention, discovery or process, in each case in the United Kingdom and all other countries in the world and together with all renewals and extensions;
“the Material” means all of the information, data, text, graphics, links or computer code published on, contained, embedded in the source code and software or available on the Website;
“User” (also referred to as “you” or ”Your”) means the individual, firm, company or organisation accessing and or using this Website or making an Order through this Website.
- Applicable terms and conditions
The Website is owned by Adestra and any use made of this site (including registrations made via the Website), are subject to these terms and conditions. Adestra may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page and you must ensure that you check its contents regularly to ensure you are complying with it.
- Use of the Website
Anyone is entitled to view any non-password protected parts of the Website and to use for their own purposes the information contained therein, provided that:
3.1 it is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial gain;
3.2 any links created to the Website are notified to and approved by Adestra in writing before they are created; and
3.3 no part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written permission of Adestra.
- Intellectual Property Rights
4.1 The names, images and logos identifying Adestra, its customers, subcontractors, suppliers and their products and services are subject to commercial business rights generally called Intellectual Property Rights, including copyright, design rights, patents, database rights and trademarks owned by the respective parties. These rights mean that the party who owns them can insist that they are treated in certain ways, in order to protect the ownership of those rights. Nothing contained in these Terms shall be construed as conferring by implication, estoppel, and usage or otherwise any license or right to use any Intellectual Property Rights including trademark, patent, design right or copyright of Adestra, its subcontractors or suppliers. Unless otherwise specified the copyright in the contents of all the pages in this web site are owned or licensed to Adestra.
4.2 Unless otherwise specified, the authors of the literary and artistic works in the pages in this Website have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.
4.3 Copyright in the Material is owned by Adestra or its content suppliers. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of Adestra or, where applicable, the respective copyright owner(s) is prohibited.
4.4 The names and logos of Adestra and all related product and service names, designs marks and slogans are the trade names, service marks or trademarks of Adestra and may not be used without the prior consent of Adestra.
The Website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in this website. So far as permissible by law, Adestra does not accept any liability to any person relating to the use of any such information.
Whilst Adestra has taken every precaution in compiling this site neither it nor any contributors to the Website can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through this internet site.
- Target audience
The Website is hosted and its data is physically located in the UK, and is intended for use by UK residents and only in relation to their activities within the UK. It may be dangerous or illegal to apply any of the information on the Website to activities outside the UK.
Adestra does not represent or warrant that the information accessible via the Website is accurate, complete or correct. Adestra has no liability whatsoever in respect of any use which you make of such information except in the case of personal injury or death caused by the negligence of Adestra.
The information provided on this Website has not been written to meet individual requirements and it is your sole responsibility to satisfy yourself prior to using the information in any way for your purposes. Before making any decisions based on the information contained on the Website, you are strongly advised to refer to alternative, independent sources of information to substantiate the basis for your decision.
- Warranty and indemnity
The User warrants to Adestra that it will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner. The User shall indemnify Adestra, its employees and agents, harmless against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against Adestra, its employees and agents, as a result of the use by the User of the Website, the Material or any part thereof for whatever purpose, to the fullest extent permitted by law.
- Limitation of liability
Except in relation to any claim for death, personal injury or fraud, Adestra hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall Adestra be liable in contract, tort (including negligence), breach of statutory duty or otherwise howsoever for: (a) any loss of profit; (b) loss of business; (c) loss of goodwill; (d) loss of contracts; (e) loss of revenues ; (f) or loss of anticipated savings; or (g) any increased costs or expenses; or (h) loss of, damage to or corruption of data; or (i) any special, indirect or consequential loss or damage of any nature whatsoever, whatever the cause thereof arising out of or in connection with this Website even if the other has been advised of the possibility of such damages in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information, Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, to the fullest extent permitted by law.
- Third party websites
The Website contains links to websites operated by parties other than Adestra. Such links are provided for the User’s convenience only. Adestra does not control such websites, and is not responsible for their content. Adestra inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any goods and services offered by such websites.
Whilst Adestra makes all reasonable attempts to exclude viruses from the website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.
- On-line Transactions
Adestra reserves the right to vary event registration fees and the prices of any goods or services listed without notice. All event registrations and orders for goods or services are subject to availability and Adestra reserves the right to refuse to accept any registration and to refuse to supply any goods or services to any individual.
Although the Website uses encryption security software in areas where on line payment details are accepted, the security of information and payments transmitted via the Internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of e-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by Adestra or it’s agents.
- Force majeure
Adestra shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.
- Data Protection & Privacy
Any details which You provide to Adestra from which We can identify You are held and processed in accordance with our Data Protection registration at the ICO under number Z1130590 , and you hereby confirm your revocable consent to use Your personal Data for the processing of any transactions envisaged by these Terms.
The Web Site is not directed nor targeted to children. Adestra will not knowingly collect information from children. Because our software does not automatically distinguish visitors under 18 years of age from other visitors, Adestra requires users under 18 years of age to obtain the consent of a parent, guardian, teacher, or librarian to view the Web Site. If Adestra learns that a child has provided personally identifiable information to the Web Site, it will use reasonable efforts to remove such information from its files.
- IP Addresses and Cookies
A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer or mobile phone (referred to here as a “device”) browser from a website’s computer and is stored on your device’s hard drive. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other websites. Many websites do this whenever a user visits their website in order to track online traffic flows.
On the Adestra’s Website, cookies record information about your online preferences and allow us to tailor our services to your interests. You have the opportunity to set your devices to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The use of the last of these options means that certain personalised features cannot then be provided to You and accordingly You may not be able to take full advantage of all of the our Website or the third party website’s features. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.
Our Website may contain embedded “Share” buttons or software code to enable users of our Website to connect to popular social network providers. These third party sites may set cookies or other monitors that track your use of their service. Adestra does not control the use of these cookies and you should check with the relevant third party website you are using for the terms that they impose on you.
- The Adestra Blog, or Web Log.
The Blog is the Web Log service found on the Adestra website. You as user of the website and its services acknowledge that the information, data, text, software, music, sound, photographs, graphics, video, messages and other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originates. This means that you, and not Adestra are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Weblog Service available on our site.
Adestra does not control the Content posted via the Blog service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Adestra be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred, as a result of the use of any Content posted, emailed or otherwise transmitted via the Weblog Service.
Equally you agree to not use the Weblog Service to:
- upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an Adestra employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights, Intellectual Property Rights (“Rights”) of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
- “stalk” or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that Adestra does not pre-screen Content, but that Adestra and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Weblog Service. Without limiting the foregoing, Adestra and its designees shall have the right to remove any Content that violates the Terms set out herein or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
In addition you acknowledge that you may not rely on any Content created or seemingly created by Adestra on the website or submitted to Adestra on the Weblog or website including without limitation information in Message Boards, Message Groups, and in all other parts of the Weblog Service.
17.1 If any provisions of these terms and conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
17.2 These terms and conditions constitute the entire agreement between Adestra and the User and supercede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and Adestra concerning the use of the website.
17.3 Any failure of Adestra to exercise or enforce any of its rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.
The terms and conditions and the use by the User of the Website shall be governed by the laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the Website and/or any transactions made on the Website, or these terms and conditions.
V1 5 February 2019
© 2004-2019 The Adestra logo is a registered trademark of Adestra Limited, Data Protection – ICO Regd No Z1130590. ‘Software and a Service’ is a United States registered trademark of Adestra Inc. Upland is registered trademark of Upland Software Inc. All rights reserved.