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Zemerc
Trust and legal · terms

Terms of website use.

This website is operated by Zemerc Ltd. These terms govern your use of these pages. Each Zemerc application, and every service around it, is supplied under its own separate agreement, and that agreement governs wherever the two appear to differ.

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This website
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England and Wales
Governing law
What these are

Four points these terms establish first.

  • These terms apply to the website only

    These govern your use of this website. They are not a software licence, a customer agreement, a statement of work or a service-level agreement.

  • Each application has its own agreement

    Zemerc applications are supplied separately, and that agreement governs wherever this website appears to conflict with it.

  • Website content is informational

    These pages describe the applications to help you judge whether one fits. They are not an offer, a specification or a warranty.

  • Product limitations form part of the description

    Where a page states what an application will not do, that statement carries the same weight as anything else on it.

  • England and Wales

    Operated by Zemerc Ltd. These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

These terms, and who operates this website

This website is operated by Zemerc Ltd, trading as Zemerc. Zemerc Ltd is a company registered in England and Wales, registered office 84 Oakland Avenue, Heworth, York, North Yorkshire, YO31 1DF, United Kingdom.

These are terms of website use. They govern your access to and use of these pages and nothing else. By using the website you accept them; if you do not accept them, please do not use it.

General enquiries can be sent to info@zemerc.com or made by telephone on +44 7775 870174. Questions about these terms can be sent to legal@zemerc.com.

Business use of this website

This website is provided for organisations and the people who work in them. It is not directed at consumers, offers nothing for sale to consumers, and has no checkout, account or subscription.

By using it you confirm that you do so in the course of a business, trade, craft or profession. Nothing in these terms is intended to exclude or restrict any right you have that cannot lawfully be excluded or restricted.

Informational purpose of the website

Everything on this website is published to help you understand what Zemerc does: what the applications hold and enforce, which operating areas they serve, the services available around them, and how an engagement proceeds.

It is published for general information. It is not an offer capable of acceptance, does not create a contract between you and Zemerc, and nothing on it commits Zemerc to supply anything. A request through the enquiry form is an enquiry, not an order.

Zemerc takes care over what it publishes and does not publish a capability it cannot demonstrate. Even so, the website is not warranted to be complete, current or free from error, and it may be changed at any time.

No professional or engineering advice is provided

The applications described here are used in industrial settings where decisions carry real consequences: process safety, technical safety, asset integrity, completions, offshore execution and the records that evidence them.

Nothing on this website is engineering, safety, regulatory, legal or professional advice, and nothing on it should be relied upon for a decision about a specific facility, asset, project, design, operation or duty. General descriptions of what an application does are not an assessment of your circumstances.

A professional relationship with Zemerc arises only where it has been agreed in a signed contract, order form or statement of work. Until then, no duty of care is assumed in respect of reliance on this website, and you remain responsible for your own engineering and regulatory judgements.

Applications, services and separate agreements

Zemerc supplies applications, implements and configures them, and carries out engineering and technical work around them. The website describes all of that; it governs none of it.

Supply of any application, and any implementation, configuration, migration, deployment, support or other professional service, is governed exclusively by the separate written agreement covering it: the licence or subscription terms, order form, statement of work and any data processing terms attached to them. Where this website and such an agreement appear to differ, that agreement prevails.

Descriptions, capability statements, screenshots, figures and comparisons on this website are not specifications, warranties, service levels or contractual commitments, and are not incorporated into any agreement by having appeared here.

Availability, support arrangements, deployment options, security commitments and service levels are defined in the agreement for the relevant application and deployment and are not promised by this website.

Demonstrations and screenshots

Screens shown on this website are real application screens captured from working systems. They are shown to explain how an application behaves: what it records, what it computes and what it refuses to compute.

The organisations, projects, assets, personnel and figures visible in them are illustrative demonstration data. They are not any client’s data, not a representation of any client’s position, and not a benchmark. Screens change as the applications change.

A demonstration arranged through the enquiry form is an exploratory working session. It does not constitute an offer and does not create any commitment beyond the session itself.

Acceptable use

You may read this website, and print or download extracts for your own business evaluation of Zemerc. You may share a link to any page.

You must not use the website unlawfully, fraudulently, or in a way that harms Zemerc, its clients or anyone else, and you must not use it to send anything unlawful, defamatory, infringing, deceptive or malicious.

  • Do not copy, republish, redistribute or exploit the content commercially beyond the extract permitted above
  • Do not systematically extract or scrape website content, or use it to build or train a dataset, index or model, without Zemerc’s written permission.
  • Do not misrepresent your identity or your organisation, or submit an enquiry on behalf of someone without their authority
  • Do not submit anything containing another person’s personal data unless you are entitled to provide it
  • Do not resell, sublicense or present this website or its content as your own

Security and misuse

You must not attempt to gain unauthorised access to this website, the server it runs on, or any system or network connected to it; interfere with its operation; probe, scan or test its vulnerability without authorisation; or introduce any malicious code.

Attacking this website is a criminal offence under the Computer Misuse Act 1990. Zemerc will report an attack to the appropriate authorities and will cooperate with them, including by disclosing the information it holds about the attacker.

If you believe you have identified a security vulnerability, report it to security@zemerc.com. Do not access, alter or retain data beyond what is necessary to describe the issue. Good-faith reports will be handled through the applicable security-response process.

Intellectual property

Zemerc owns or is licensed to use everything on this website: the text, the structure, the application screens, the photographs, the diagrams, the graphics, the layout, the code and the design of the pages. These are protected by copyright, database right, design right and other intellectual property laws.

Nothing on this website transfers any right in them to you. Your permitted use is set out under Acceptable use, and all other rights are reserved.

The applications themselves, and all rights in them, remain Zemerc’s. Any right to use an application comes from the agreement covering it, never from this website.

Trade marks

Zemerc, the Zemerc logo and the names of the Zemerc applications are marks of Zemerc. They may not be used without written permission, except to refer to Zemerc fairly and accurately.

Other names and marks that appear on this website belong to their respective owners, and are used only to identify what they denote. Their appearance implies no endorsement, affiliation or partnership in either direction.

Information you submit through this website

When you send an enquiry, you confirm that what you send is accurate, that you are entitled to send it, and that it does not infringe anyone’s rights.

Please do not send confidential information through the enquiry form. It is a business enquiry form, not a secure channel, and no obligation of confidence arises merely because you used it. If you need to share something confidential, say so in your enquiry and an appropriate route will be arranged.

Zemerc will use what you send to answer you, as described in the privacy notice. It does not acquire ownership of what you send, and does not use it for any other purpose.

Where you send an unsolicited idea, suggestion or proposal, Zemerc cannot accept it in confidence and is free to develop similar things independently. That is not a claim on your intellectual property; it is a statement that an unsolicited message creates no obligation.

Availability and changes

This website is provided on an "as available" basis. Zemerc does not guarantee that it will be available uninterrupted, that it will be free from error, or that it or the server delivering it will be free from anything harmful, and no availability figure is published for it.

Zemerc may change, suspend, restrict or withdraw all or any part of this website at any time and without notice, and may change these terms. The terms that apply are those published here when you use the site, so please check them from time to time.

You are responsible for the arrangements that let you reach this website, and for ensuring that anyone using it through your connection is aware of these terms.

Liability

To the fullest extent permitted by law, and because this website is informational and free to use, Zemerc excludes all conditions, warranties and other terms that might otherwise be implied into these terms by statute, common law or otherwise.

Zemerc will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with use of this website, inability to use it, or reliance on anything published on it.

This includes loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; loss or corruption of data; and any indirect or consequential loss.

Liability for anything supplied under a separate agreement is governed by that agreement, not by this clause.

Rights and liabilities that cannot be excluded

Nothing in these terms excludes or limits Zemerc’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited.

If any provision of these terms is found to be unenforceable, the rest continues in force.

Privacy and your preferences

What Zemerc does with personal data when you use this website is set out in the privacy notice, which forms part of these terms.

What is stored in your browser, and the one choice you can make about it, is set out on the privacy controls page. Your choice can be changed or withdrawn at any time from the footer.

General

These terms are the whole agreement between you and Zemerc about your use of this website, and replace any earlier terms published here.

A failure or delay by Zemerc in enforcing any part of these terms is not a waiver of it. Zemerc may transfer its rights and obligations under these terms; you may not transfer yours without written consent.

A person who is not a party to these terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them.

Governing law and jurisdiction

These terms, their subject matter and their formation, including any non-contractual dispute or claim arising out of or in connection with them or with your use of this website, are governed by and construed in accordance with the laws of England and Wales.

You and Zemerc agree that the courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.

Zemerc makes no representation that this website or anything described on it is appropriate or available in any other location. If you access it from elsewhere, you do so on your own initiative and are responsible for compliance with the law of that place.

Contact

Questions about these terms can be sent to legal@zemerc.com. General enquiries can be sent to info@zemerc.com or made by telephone on +44 7775 870174.

Correspondence can be addressed to Zemerc Ltd, 84 Oakland Avenue, Heworth, York, North Yorkshire, YO31 1DF, United Kingdom.

These terms have not yet been approved for production publication. The date they take effect will be recorded here when they are.

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Questions about contracts or agreements

Terms covering a specific application, deployment or engagement are settled in that agreement rather than here. Ask and it will be answered for that application.