Updated 15 June 2022

Introduction

These terms and conditions apply between You (the “User”, “You”, “Your”), the User of these “Services” (including botanconsulting.com, botan.co, any sub-domains of these websites and any services provided via these Services, unless expressly excluded by their own terms and conditions), and Botan Consulting Limited (“Botan Consulting”, “We” or “Us”), the owner and operator of these Services.

Botan Consulting Limited is a company incorporated in England and Wales (Company number 12207399) whose registered address is 128 City Road, London, EC1V 2NX. You can contact Botan Consulting by email on [email protected].

Please read these terms and conditions carefully, as they affect Your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon Your first use of the Services. If You do not agree to be bound by these terms and conditions, You should stop using the Services immediately.

In these terms and conditions, User or Users means any third party that accesses the Services and is not either (i) employed by Botan Consulting and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Botan Consulting and accessing the Services under such engagement.

You must be at least 18 years of age to use this Services. By using the Services and agreeing to these terms and conditions. You represent and warrant that You are at least 18 years of age.

Intellectual property and acceptable use

All Content included on the Services, unless uploaded by Users, is the property of Botan Consulting, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of these Services, including any such content uploaded by Users. By continuing to use the Services, You acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on these Services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Services without Botan Consulting’s prior written permission

You may, for Your own personal, non-commercial use only retrieve, display and view the Content on a computer or other device screen.

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Botan Consulting.

Prohibited use

You may not use the Services:

• in any way which causes, or may cause, damage to the Services or interferes with any other person's use or enjoyment of the Services;
• in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; and/or
• in any way makes, transmits or stores electronic copies of Content protected by copyright without the permission of Botan Consulting.

Links to other Services

This Services may contain links to other sites. Unless expressly stated, these sites are not under the control of Botan Consulting or that of our affiliates.

We assume no responsibility for the content of such Services and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another site on this Services does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy

Use of the Services is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference.

The Privacy Policy is available at https://www.botanconsulting.com/privacy.html.

Availability of the Services and disclaimers

Any online facilities, tools, services or information that Botan Consulting makes available through the Services is provided "as is" and on an "as available" basis. We provide no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Botan Consulting is under no obligation to update information on the Services.

Whilst Botan Consulting uses reasonable endeavours to ensure that the Services is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

Botan Consulting accepts no liability for any disruption or non-availability of the Services.

Botan Consulting reserves the right to alter, suspend or discontinue any part (or the whole of) the Services including, but not limited to, any Service. These terms and conditions shall continue to apply to any modified version of the Services unless it is expressly stated otherwise.

Limitation of liability

Nothing in these terms and conditions will limit or exclude any of our or Your liabilities in any way that is not permitted under applicable law.

We will not be liable to You for any loss or damage of any kind.

General

You may not transfer any of Your rights under these terms and conditions to any other party. We may transfer our rights under these terms and conditions where we reasonably believe Your rights will not be affected.

These terms and conditions may be varied by us from time to time.

Such revised terms will apply to the Services from the date of publication. You should check the terms and conditions regularly to ensure familiarity with the then current version.

These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.