Terms of Service for The Welkin Suite

If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at info@welkinsuite.com.

Definitions

  1. “TWS” means The Welkin Suite, a group or an individual entitled by Softwareplan B.V. to act on behalf of Softwareplan B.V.
  2. “The Service” means the support service (including, but not limited to, communication between TWS’ specialists and the website users, instructing, answering questions online, by phone and by email).
  3. “The Web Site” means this website, any information presented in this site (including, but not limited to, descriptions, announces, all types of texts, forums, lists of questions and answers, and graphic material).
  4. “You” means (and “Your” refers to) an individual or a legal entity of any type exercising permissions defined by this Terms of Service.
  5. “Your User Content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that You submit to The Web Site, for whatever purpose.

Introduction

These Terms and Conditions govern Your use of The Web Site and The Service; by using The Web Site and The Service, you accept these Terms and Conditions in full and without reservation. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use The Web Site and The Service.

License to Use The Web Site and The Service

Unless otherwise stated, TWS and / or its licensors own the intellectual property rights published on The Web Site and materials used on The Web Site and by The Service. According to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from The Web Site or The Service for Your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.

You must not:

  • republish material from The Web Site and The Service in neither print nor digital media or documents (including republication on another website);
  • sell, rent or sub-license material from The Web Site and / or The Service;
  • show any material from The Web Site and / or The Service in public;
  • reproduce, duplicate, copy or otherwise exploit material on The Web Site and / or The Service for a commercial purpose;
  • edit or otherwise modify any material on The Web Site;
  • redistribute material from The Web Site or The Service except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of The Web Site through the use of iframes or screen scrapers.

Where content is specifically made available for redistribution, it may only be redistributed within Your organization.

Acceptable Use

You must not use The Web Site and / or The Service in any way that causes, or may cause, damage to The Web Site or impairment of the availability or accessibility of The Web Site or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use The Web Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to The Web Site without TWS’ express written consent.
This includes:

  • scraping;
  • data mining;
  • data extraction;
  • data harvesting;
  • “framing” (iframes);
  • article “Spinning”.

You must not use The Web Site or any part of it and / or the Service to transmit or send unsolicited commercial communications.

You must not use The Web Site and / or The Service for any purposes related to marketing without the express written consent of TWS.

Restricted Access

Access to certain areas of The Web Site is restricted. TWS reserves the right to restrict access to certain areas of The Web Site, or at our discretion, The Web Site. TWS may change or modify this policy without notice.

If TWS provides You with a user ID and password to enable you to access restricted areas of The Web Site and / or The Service, You must ensure that the user ID and password are kept confidential. You alone are responsible for Your password and user ID security.

TWS may disable your user ID and password at TWS’ sole discretion without notice or explanation.

User Content

You grant to TWS a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute Your User Content in any existing or future media. You also grant to TWS the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or TWS or a third party (in each case under any applicable law).

You must not submit any user content to The Web Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

TWS reserves the right to edit or remove any material submitted to The Web Site, or stored on the servers of TWS, or hosted or published upon The Web Site.

TWS’ rights under these terms and conditions in relation to user content, TWS does not undertake to monitor the submission of such content to, or the publication of such content on, The Web Site.

No Warranties

The Web Site and / or The Service is provided “as is” without any representations or warranties, express or implied. TWS makes no representations or warranties in relation to The Web Site or the information and materials provided on The Web Site or / and The Service.

Without prejudice to the generality of the foregoing paragraph, TWS does not warrant that:

  • The Web Site and / or The Service will be constantly available, or available at all; or
  • the information on The Web Site is complete, true, accurate or non-misleading.

Nothing on The Web Site or The Service constitutes, or is meant to constitute, an advice of any kind. If You require the advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of Liability

TWS will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, The Web Site:

  • to the extent that The Web Site and / or The Service are provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if TWS has been expressly advised of the potential loss.

Exceptions

Nothing in The Web Site and / or The Service disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in The Web Site and / or The Service disclaimer will exclude or limit the liability of TWS in respect of any:

  • death or personal injury caused by the negligence of TWS or its agents, employees or shareholders / owners;
  • fraud or fraudulent misrepresentation on the part of The Web Site or / and The Service; or
  • matter which it would be illegal or unlawful for TWS to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using The Web Site and / or The Service, You agree that the exclusions and limitations of liability set out in The Web Site and / or The Service disclaimer are reasonable.

If You do not think they are reasonable, You must not use The Web Site and / or The Service.

Other Parties

You accept that, as a limited liability entity, TWS has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against TWS’ officers or employees in respect of any losses You suffer in connection with The Web Site and / or The Service.

Without prejudice to the foregoing paragraph, You agree that the limitations of warranties and liability set out in The Web Site’s disclaimer will protect TWS’ officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors.

Unenforceable Provisions

If any provision of The Web Site and / or The Service disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of The Web Site and / or The Service’s disclaimer.

Indemnity

You hereby indemnify TWS and undertake to keep TWS indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by TWS to a third party in settlement of a claim or dispute on the advice of TWS’ legal advisers) incurred or suffered by TWS arising out of any breach by You of any provision of these terms and conditions, or arising out of any claim that You have breached any provision of these Terms and Conditions.

Breaches of These Terms and Conditions

Without prejudice to TWS’ other rights under these Terms and Conditions, if you breach these terms and conditions in any way, TWS may take such action as TWS deems appropriate to deal with the breach, including suspending Your access to The Web Site and / or The Service, prohibiting You from accessing The Web Site or / and The Service, blocking computers using your IP address from accessing The Web Site, contacting Your internet service provider to request that they block Your access to The Web Site and / or The Service and / or bringing court proceedings against You.

Variation

TWS may revise these Terms and Conditions from time-to-time. Revised terms and conditions will apply to the use of The Web Site and / or The Service from the date of the publication of the revised terms and conditions on The Web Site. Please check this page regularly to ensure You are familiar with the current version.

Assignment

TWS may transfer, sub-contract or otherwise deal with TWS’ rights and / or obligations under these Terms and Conditions without notifying You or obtaining Your consent.

You may not transfer, sub-contract or otherwise deal with Your rights and / or obligations under these Terms and Conditions.

Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and / or unenforceable, the other provisions will continue in effect. If any unlawful and / or unenforceable provision would be lawful or enforceable if part of it was deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These Terms and Conditions, together with The Web Site’s Privacy Policy constitute the entire agreement between you and TWS in relation to Your use of The Web Site and / or The Service and supersede all previous agreements in respect of Your use of The Web Site and / or The Service.

Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of Ukraine, and any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Ukraine.

You can contact TWS by email at our email address link at the top of this Terms of Service document.

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Last modified: 2017/01/25 16:25

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