We appreciate the interest you have shown in our company, products and services by visiting our website (www.MalvernPanalytical.com) or any related online channels such as our e-commerce sites, social media pages and blogs (together the ‘Website’). 
These terms of use (“Terms”) govern your use of the Website and all applications, software, and services (collectively, "Services") available on the Website. By using our Website, you are agreeing to these terms. Please read them carefully. 

Who we are
Malvern Panalytical originates from the merger of Malvern Instruments Ltd and PANalytical B.V., with headquarters in the UK and the Netherlands respectively. Both are subsidiaries of Spectris plc. When we refer to Malvern Panalytical in these Terms, we mean Malvern Ltd, PANalytical B.V., their subsidiaries or affiliates and their successors.

Other applicable terms
We deem it important to be transparent to you in view of your privacy. Our Privacy and Cookie Notice give you insight in how we use your personal data and how we use cookies on our website. These notices apply when you interact with us, such as through visiting our Website, your use or purchase of our products or services, your contact with customer support, your subscription to our newsletters, your participation to our webinars or any other interaction with Malvern Panalytical, including without limitation all online and offline collection of personal data.
Additional terms and conditions may apply to the services we provide through our Website. For example, online purchases through our Website are subject to our terms and conditions for online sales. 
Software made available for downloading from the Website is licensed subject to the terms of the applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. Warranties, if any, with respect to such software shall exclusively apply as expressly set forth in the applicable license agreement.

Availability of Website
Our Website is made available free of charge. We cannot guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. 

Accuracy of Website
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.

Your account and password
If you choose, or you are provided with, a user identification code, password or similar security item, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at feedback@malvernpanalytical.com

Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organization to content posted on our Website.  
You are not allowed to modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. 
Commercial use of any part of the content on our Website is not permitted without obtaining a license to do so from us or our licensors. 
If you print, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 

Limitation of our liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
Subject to the foregoing paragraph, in no event shall we be liable for any claims arising out of or related to the use of, or inability to use our Website, or the use of or reliance on any content displayed on our Website, whether in contract, tort (including negligence), strict product liability or otherwise, or shall we be liable for any indirect, incidental, consequential, losses or damages, such as without limitation loss of profit, loss of production, loss of use and loss of data, whether or not such claims, losses or damages were reasonably foreseeable. 
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Viruses and misuse
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. Breach of this article will reported to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, a link may not be established in such a way as to suggest any form of association, approval or endorsement on our part where none exists. It is not permitted to establish a link to our Website in any site that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Website other than that set out above, please use the following form [Website feedback] 

Third party links and resources in our site
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. 

Applicable law 
If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, its subject matter and its formation (and any disputes or claims arising thereof) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Amendments to these Terms
We may update these Terms at any time. If we make any changes we will update you by means of a notice on the Website. Your continued usage of the Website after any changes to these Terms will mean you accept those changes.

Contact us
To contact us, please email feedback@malvernpanalytical.com.

Version October 2017