Terms of Business
This is the web site of CDL Software Ltd., a limited company registered in Ireland (“CDL”, “we,” or “us”). Your use of the www.prestastats.com online web frontend delivery application (the “Application”) and this web site (the “Site”) and the services made available through the Application (“the Services”), is subject to these Terms of Business (the “Terms”). BY USING ANY OF OUR APPLICATION, SITE AND SERVICES, YOU AGREE TO BE BOUND BY THE TERMS.
We may make changes to the Terms from time to time. In that event, we will revise the Last Updated Date below. It is your responsibility to review the Terms frequently and inform yourself of any changes to them. Any revised Terms will replace all previous Terms. BY USING ANY OF OUR APPLICATION, SITE AND SERVICES, YOU AGREE TO BE BOUND BY THE TERMS EFFECTIVE ON THE LAST UPDATED DATE.
BY TICKING THE CHECKBOX ON THE SIGNUP PAGE YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE TERMS.
License to Use our Application, Site or Services
Subject to the Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use our Application, Site or Services for your personal use and not for resale or further distribution. Your right to use our Application, Site or Services is limited by the Terms.
We and our licensors retain all right, title and interest in and to our Application, Site and Services, including all related intellectual property rights. The Application, Site or Services are protected by applicable intellectual property laws. No title or right of ownership, copyright or other intellectual property right in the Services shall pass to the Customer by virtue of these STCs or otherwise.
Except as otherwise provided in the Terms or as permitted by applicable law, you will not: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Application, Site or Services; (ii) rent, lease or sublicense access to any of our Application, Site or Services; or (iii) circumvent or disable any security or technological features or measures of our Application, Site or Services.
Access to our Application, Site or Services
CDL may grant you a limited free access to the Application, Site or Services for up to 14 days on a ‘demonstration only’ basis (the “Demonstration Period”). In that event demonstration materials provided or demonstration products prepared by CDL will remain the property of CDL and will not be available to you for commercial exploitation or any other purpose. Following the expiry of any Demonstration Period, use of the Application, Site or Services in accordance with the Terms will automatically begin unless you have notified CDL in writing of your intention not to use them or any of them.
You are responsible for all fees charged by third parties related to your access and use of the Application, Site and Services, e.g., equipment costs, charges by Internet service providers.
We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Application, Site or Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any of the Application, Site or Services.
We also reserve the right to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our Application, Site or Services at any time, for any or no reason, with or without prior notice, and without liability to you.
You must comply with all applicable laws when using the Application, Site or Services. Except as permitted by applicable law, or as CDL may authorize in writing, you will not: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on the Application, Site or Services (together, the “Content”) or compile or collect any Content as part of a database or other work; (ii) use any automated tool to access or use the Application, Site or Services or to store, copy, modify, distribute, or resell any Content; (iii) rent, lease, or sublicense your access to the Application, Site or Services to any other person; (iv) use any Application, Site or Services or Content for any purpose except for your own personal use; (v) circumvent or disable any usage rules or other security features of the Application, Site or Services; (vi) use the Application, Site or Services in a manner that compromises, or may compromise, the integrity, performance, or availability of, the Application, Site or Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any part of the our Application, Site or Services or any Content.
We may collect registration and other information about you through our Application, Site or Services. We will take all appropriate measures in accordance with applicable laws to safeguard and make secure any information that we collect about you. We will only disclose personal information without notice if we believe that disclosure is required by applicable laws, or necessary to protect or defend the rights or property of CDL, the safety of the public or users of the Site.
You agree to take all necessary precautions to protect your data when using the Internet. You will ensure that you keep any passwords safe and will always use a secure internet browser.
You will only allow your authorised employees to have access to the Application, Site, Services and Content. You are responsible for the actions and omissions of each of your employees or others who access the Application, Site, Services and Content on your behalf.
Termination of Services
Your licence to use the Application, Site or Services may be terminated with immediate effect without notice at our sole discretion if (a) you fail to make any payment due to us within 60 days of the due date, or (b) you are placed in examinership, liquidation or make formal arrangements with your creditors, or (c) you are in material breach of any of the Terms and fail to remedy such breach within 10 days of receipt of written notice by email, facsimile or registered postal delivery to you.
You acknowledge and accept that our rights to the Application, Site and Services, or part of them, are dependent on rights granted to us by our licensors. In the event that such rights are terminated, CDL may terminate your access to them without liability to you other than a refund of any fees paid by you for any period remaining after such termination.
Restricted Areas of the Application, Site or Services
Certain parts of our Application, Site or Services, including account management features, may be password-restricted to registered users or other authorized persons (“Password-Protected Areas”). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Application, Site or Services that is known to you.
Third Party Content
Our Application, Site or Services may display, or contain links to, third party products, services, and Web sites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Application, Site or Services, or which is accessible through or may be located using our Application, Site or Services (collectively, “Third Party Content”) are those of the respective authors or producers and not of CDL.
We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. We will not be liable, directly or indirectly, for any damage or loss caused to you by your use of any goods, services, or information available on or through any third party service or Third Party Content.
You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Application, Site or Services.
You will not use our Application, Site or Services to: (i) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit anything that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (v) upload, post, email or otherwise transmit anything that infringes any patent, trade mark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Application, Site or Services or servers or networks connected to the Application, Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Application, Site or Services; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) collect or store personal data about other users.
“CDL” the CDL mark, and any other product or service name or slogan displayed on our Application, Site or Services are trade marks of CDL and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CDL or the applicable trade mark holder. The appearance and design of our Application, Site, Services and Content, including all page headers, custom graphics, button icons and scripts, are the intellectual property of CDL and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trade marks, registered trade marks, product names and company names or logos mentioned in our Application, Site, Services or Content are the intellectual property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
Disclaimer of Warranties
YOUR USE OF THE APPLICATION, SITE OR SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE APPLICATION, SITE OR SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE APPLICATION, SITE OR SERVICES OR ANY CONTENT, AND YOU RELY ON THE APPLICATION, SITE OR SERVICES AND CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR APPLICATION, SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR APPLICATION, SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR APPLICATION, SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THIS DISCLAIMER DOES NOT AFFECT ANY STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER OR OTHERWISE.
Limitation of Liability
WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR APPLICATION, SITE OR SERVICES AND CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION, SITE OR SERVICES AND CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE APPLICATION, SITE OR SERVICES AND CONTENT. THIS LIMITATION DOES NOT AFFECT ANY STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER OR OTHERWISE.
CDL welcomes any suggestions or ideas you may have about the Application or the Site. We may provide a method that allows you to put these suggestions or ideas to us. If we do, and if you use it, you agree that we may use any suggestion or idea that you put to us in whatever way and to whatever extent we decide at our sole discretion, including any changes or improvements. In that event you agree that we will have an unlimited, transferable and global licence to use any such suggestion or idea in any way and for any purpose that we decide, whether stand alone or in conjunction with any other technology, without compensation payable to you or any third party in respect thereof.
You agree to indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs,
damages, expenses, and liability caused by your use of the Application, Site, Services or Content, your violation of any of the Terms, or your violation of any rights of a third party through your use of the Application, Site, Services or Content.
The Terms are governed by the laws of Ireland and subject to the jurisdiction of the Irish courts. Any failure by us to enforce any right or provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. In the event that a court of competent jurisdiction finds any provision of the Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.
Last Updated Date: 9th January 2014