Terms & Conditions

ARRAKIS APP

This ARRAKIS mobile application (the "App") is made available by Nexus Alpha Ltd, a company registered in England and Wales under company number 02941132 and with registered office at 7 Prescott Place, London SW4 6BS ("Nexus Alpha", "us", "we" or "our").
You, the user of the App, confirm your acceptance of these App terms of use ("App Terms"). If you do not agree to these App Terms, you must immediately uninstall the App and discontinue its use. These App Terms should be read alongside our Privacy Policy.

GENERAL TERMS

App and Related Terms

Depending on the version of the App you have downloaded, these App Terms incorporate Apple's or Google Android's terms and conditions and privacy policies ("Platform Terms"). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.

We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App. The overall contractual relationship which includes general terms of business is covered by the latest iteration of the Nexus Alpha Framework Contract that this service has been provided under.

Use of The App

Nexus Alpha hereby grants you a non-exclusive, non-transferable, revocable licence to use the App and only on an Apple or Android device ("Device") as permitted by the applicable Platform Terms and in accordance with these App Terms ("User Licence"). All other rights in the App are reserved by Nexus Alpha.

In the event of your breach of these App Terms Nexus Alpha will be entitled to terminate the User Licence immediately.

You acknowledge that your agreement with your mobile network provider ("Mobile Provider") will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

You acknowledge that where you use services provided by Apple or Google (or any other third parties) in connection with your use of the App, you will be subject to Apple's, Google's (or the applicable third party's) terms and conditions and privacy policy and you should ensure that you have read such terms.

Intellectual Property

The Nexus Alpha and ARRAKIS name and logos, and other Nexus Alpha Trust trademarks, service marks, graphics and logos used in connection with the App are trademarks of Nexus Alpha (collectively "Nexus Alpha Trademarks"). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively "Third Party Trademarks"). The Nexus Alpha Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Nexus Alpha or the applicable trademark holder.

The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Nexus Alpha and its licensors. You are not permitted to copy, or modify the App, any part of the App, or Nexus Alpha trademarks in any way. You are not permitted to attempt to extract the source code of the App, and you also should not try to translate the App into other languages, or make derivative versions. The App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, remain vested in Nexus Alpha.

Prohibited Uses

You agree not to use the App in any way that:

  • is unlawful, illegal or unauthorised;

  • is defamatory of any other person;

  • is obscene or offensive;

  • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • infringes any copyright, database right or trade mark of any other person;

  • is likely to harass, upset, embarrass, alarm or annoy any other person;

  • is likely to disrupt our service in any way; or

  • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Indemnification

You agree to indemnify Nexus Alpha for any breach of these App Terms. Nexus Alpha reserves the right to control the defence and settlement of any third party claim for which you indemnify Nexus Alpha under these App Terms and you will assist us in exercising such rights.

No Promises

Nexus Alpha provides the App on an 'as is' and 'as available' basis without any promises or representations, express or implied. In particular, Nexus Alpha does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content. Some of the information presented in the App is based on information provided by Industry sources and such data, and other content on the App, may be out of date and Nexus Alpha makes no commitment to update it.

To the fullest extent permitted by applicable law, Nexus Alpha hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.

Reliance on Information

The App is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the App.

Exclusion of Nexus Alpha's Liability

Nothing in these App Terms shall exclude or in any way limit Nexus Alpha's liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.

To the fullest extent permitted under applicable law, in no event shall Nexus Alpha be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.

Nexus Alpha shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.

In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall Nexus Alpha's liability arising under or in connection with these App Terms and your use of the App exceed the figures agreed in the corresponding Nexus Alpha Framework Contract.

General

These App Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute between them arising under or in connection with these App Terms.

If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Contact Us

If you have any questions regarding our App, you can contact us at www.nexusalpha.com/contact-us/.

ARRAKIS PORTAL

Portal Terms and Conditions

The Portal is operated by Nexus Alpha Ltd, a company registered in England and Wales under company number 02941132, with its registered office at Streathbourne House, Redehall Road, Smallfield, Horley, England, RH6 9QA (“Nexus Alpha”, “we”, “us” or “our”).

By accessing or using the Portal, you agree to be bound by these Portal Terms. If you do not agree to these Portal Terms, you must not access or use the Portal.

These Terms should be read together with our Privacy Policy, available at our website, https://www.nexusalpha.com/privacy-policy, which explains how we collect and use your personal data.

Portal Access and Data Processing

The Portal requires users to log in using a username and password provided by their administrator.

In order to operate, the Portal processes certain technical and user-related information. This processing is carried out in accordance with applicable data protection legislation, and includes:

  • user settings and local configuration data

  • authentication data, such as access tokens and refresh tokens; and

  • limited information obtained via client-side authentication systems (for example, job role and associated organisational location)

Where authentication is managed by the client's systems, the Portal does not store user passwords in browser local storage.

This information is processed solely for the purposes of authenticating users, maintaining secure access to the Portal, and enabling its functionality. We do not process additional personal data through the Portal beyond what is necessary for these purposes.

Changes to These Terms

We may update these Portal Terms from time to time. Where we make material changes, we will take reasonable steps to notify you where appropriate.

By continuing to use the Portal after any changes take effect, you agree to be bound by the updated Portal Terms. If you do not agree to the changes, you must not continue to use the Portal.

Relationship with Other Agreements

Your use of the Portal may also be governed by other agreements, including the Nexus Alpha Framework Contract under which this service is provided. In the event of any conflict, the terms of that agreement shall prevail.

Use of the Portal

Nexus Alpha grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Portal in accordance with these Portal Terms (“User Licence”). All other rights in the Portal are reserved by Nexus Alpha.

Nexus Alpha may suspend or terminate the User Licence with immediate effect if you materially breach these Portal Terms.

Intellectual Property

Nexus Alpha, together with its associated trade marks, service marks, trade names, logos, branding and graphics used in connection with the Portal (the “Nexus Alpha Trade Marks”), are the property of Nexus Alpha or its licensors. Other trade marks, service marks, logos and branding used in connection with the Portal are the property of their respective owners (the “Third-Party Trade Marks”).

The Portal and all content, software, features and materials made available through it are protected by copyright, trade mark, database rights, patent rights and other intellectual property rights. All such rights are owned by or licensed to Nexus Alpha.

Except as expressly permitted under these Portal Terms or by applicable law, you must not:

  • copy, reproduce, modify or adapt the Portal or any part of it.

  • reverse engineer, decompile, disassemble or attempt to extract the source code of the Portal.

  • create derivative works based on the Portal.

  • distribute, sublicense, or otherwise exploit the Portal or any part of it.

  • use any Nexus Alpha Trade Marks or Third-Party Trade Marks without the prior written consent of the relevant rights holder.

All intellectual property rights in and to the Portal remain vested in Nexus Alpha or its licensors.

Prohibited Uses

You agree not to use the Portal in any way that (including, without limitation):

  • is unlawful or unauthorised

  • is defamatory of any person.

  • is obscene, abusive or otherwise offensive.

  • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • infringes any copyright, database right or trade mark of any person.

  • is likely to harass, upset, embarrass, alarm or annoy any person.

  • is likely to disrupt or interfere with the operation or security of the Portal; or

  • advocates, promotes or assists any unlawful act, including (by way of example) copyright infringement or computer misuse.

Indemnification

You agree to indemnify Nexus Alpha against any reasonable losses, damages, liabilities and costs (including reasonable legal fees) arising directly from your breach of these Portal Terms or your misuse of the Portal.

Nexus Alpha may, at its own discretion, assume exclusive control of the defence and settlement of any third-party claim subject to this indemnity, provided it acts reasonably. You agree to provide reasonable assistance in connection with the defence of such claims at your own reasonable cost.

Nexus Alpha will not settle any claim in a manner that imposes liability or admission of fault on you without your prior consent, such consent not to be unreasonably withheld.

Use of the Portal and Disclaimer of Warranties

Nexus Alpha provides the Portal on an “as is” and “as available” basis. While Nexus Alpha applies reasonable skill and care in the provision and maintenance of the Portal, Nexus Alpha does not guarantee that the Portal will be error-free, uninterrupted, or available at all times.

Information and content made available through the Portal may be derived from a range of sources, including third-party and industry inputs. While reasonable efforts are made to ensure such information is accurate and up to date, Nexus Alpha does not warrant the completeness, accuracy, or currency of all content and does not undertake to update all materials continuously.

To the fullest extent permitted by applicable law, Nexus Alpha excludes all implied warranties, representations, or conditions, except those that cannot be excluded by law. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability under UK GDPR, for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence.

The Portal is not guaranteed to be free from defects or suitable for every specific purpose. Any reliance placed on information within the Portal is at the user’s own risk, and users remain responsible for ensuring that their use of the Portal complies with applicable laws and regulatory requirements relevant to them.

Where personal data is processed through the Portal, such processing is governed by the applicable data protection documentation (including the Privacy Notice and any relevant data processing agreements), and nothing in these Terms is intended to limit or exclude the rights or obligations set out under UK GDPR.

Disclaimer of Reliance

The Portal is intended to provide general information only and does not constitute professional or other advice. It should not be relied upon as a substitute for advice tailored to any specific circumstances. Users should obtain appropriate independent advice before taking or refraining from any action based on information contained in the Portal.

To the fullest extent permitted by law, Nexus Alpha accepts no responsibility for any loss arising directly or indirectly from reliance on information provided through the Portal.

Limitation of Liability

Nothing in these Portal Terms shall exclude or limit Nexus Alpha's liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

To the fullest extent permitted by applicable law, Nexus Alpha shall not be liable for any indirect, consequential or special loss, including (without limitation) loss of profits, loss of goodwill, loss of business, loss or corruption of data, or loss arising from inability to use the Portal.

Nexus Alpha does not guarantee that the Portal will be uninterrupted, error-free, or free from viruses or other harmful components. However, Nexus Alpha implements reasonable technical and organisational measures designed to protect the security and integrity of the Portal in line with applicable security standards.

Nexus Alpha shall not be liable for any loss, whether foreseeable or otherwise, arising from error, omission, interruption, defect, delay, unauthorised access, or system failure, except to the extent caused by Nexus Alpha’s negligence or breach of these Portal Terms.

Where liability cannot lawfully be excluded or limited, Nexus Alpha's total aggregate liability arising under or in connection with these Portal Terms and use of the Portal shall not exceed the liability cap set out in the applicable Nexus Alpha Framework Contract.

General

These Portal Terms shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute arising out of or in connection with these Portal Terms.

If any provision (or part of any provision) of these Portal Terms is found by a court or competent authority to be invalid, unlawful or unenforceable, such provision or part-provision shall, to that extent, be deemed severed from the remaining provisions, which shall continue in full force and effect to the fullest extent permitted by law.

Contact Us

If you have any questions regarding the Portal, these Terms, or require support, please contact us via our website at www.nexusalpha.com.

You may also write to us at Streathbourne House, 75 Redehall Road, Smallfield, Surrey, RH6 9QA