Terms of Service
Last updated: 15th August 2022
1.1. These Terms and Conditions of Use (this "Agreement") apply to your use of and/or access to the Site (as defined below) that is owned, operated or controlled by the Company and is intended for and directed to Customers of the Company only.
1.2. The Company provides the Site to you subject to this Agreement. By accessing and/or using the Site, you (the "Customer") agree to be bound by these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use, you are not authorised to use and/or access the Site.
1.3. This Agreement may be modified from time to time. The Company has the right at any time in its entire discretion to change and/or modify these Terms and Conditions of Use and such changes and/or modifications are to be effective immediately upon posting to the Site. Please read this Agreement carefully to ensure you understand the Terms and Conditions that apply at that time. Your continued use of the Site after such posting will signify your acceptance of such changes and/or modifications.
2. Definitions and Interpretations
In this Agreement, unless the context indicates otherwise:
In this Agreement, unless the contrary intention appears:
3. Ownership, access and license
3.1. The Site and all designs, names, logos and get-up within the Site are under common control and operated by the Company and/or its licensors. You may only take copies of any part of the Site for the purpose of using the Site in accordance with Article 4.
3.2. The Company grants you a non-exclusive and non-transferable limited license to access and utilise the Site and Service and make use of the Data in accordance with and subject to the provisions contained in this Agreement.
3.3. Subject to Article 4 in this Agreement, this license does not include any resale or commercial use of the Site, Service or the Data, any derivative use of the Site, Service or the Data or any use of data mining, scraping, robots, or similar data gathering and extraction software, technology or tools.
3.4. Any unauthorised use of the Site, Service or the Data terminates your limited license with immediate effect. Notwithstanding this, the Company may revoke this limited license at any time for any or no reason.
4. Permitted Use
4.1. You may only access and utilise the Site, Service and Data for your internal business purposes only and in accordance with the applicable law or regulation(s) as required by the state, governmental or regulatory authority.
5. Prohibited Use
5.1. Subject to Article 4 herein and unless expressly authorised by the Company in writing, you may not do, permit, or authorise the doing of any of the following acts in relation to the Site or Services:
5.2. The Company reserves the right to prevent or suspend your access to the Site and/or the Services immediately without notice if you do not comply with any part of this Agreement and/or and conditions or any applicable law.
5.3. Notwithstanding Clause 5.2, the Company retains the right at its sole discretion to suspend or cease the operation of the Site from time to time or deny access to you or anyone to this Site, at any time and for any or no reason.
6.1. The Site, Services and all Data, information, content, materials included on or otherwise made available to you by the Company are provided on an "as is" and "as available" basis, unless otherwise specified in writing.
6.2. While the Company will use reasonable efforts to include accurate and up-to-date information on the Site, the Company makes no representations or warranties of any kind, express or implied, as to the operation of the Site, provision of the Service or that the Data remains accurate, complete and up-to-date, or fit or suitable for any particular purpose. Any reliance you place on the Data is at your own sole risk.
6.3. The Company does not warrant that the Site, Service or the Data or any information, content, materials or services included on or otherwise made available to you through the Site, Service their servers, or electronic mails sent from the Company are free of viruses or other harmful components.
6.4. Nothing in the Site or the Data constitutes technical, financial, legal advice or any other type of advice and should not be relied on for any purposes.
6.5. The Site may contain hyperlinks or references to external third-party websites. Any such hyperlinks or reference is provided for your convenience only. The Company has no control over third-party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
7. Limitation of Liability
7.1. Under no circumstances shall the Company be liable to you for any loss or damage suffered (including without limitation direct or indirect losses) arising from your use of, access to, or reliance on, the Data, Service and the Site (including the downloading of any software, program or information).
7.2. To the maximum extent permitted by applicable law, the Company disclaims and excludes all liability (whether direct or indirect or consequential or economic incidental or special and whether arising in contract, tort, breach of statutory duty or otherwise) arising out of or in connection with your use of the Site, Service or the Data including without limitation any and all losses relating to or resulting from:
8. Warranty and Indemnity
8.1. As a condition of your use of the Service and access to the Site, you agree:
8.2. You undertake to indemnify the Company and its Personnel fully and hold it harmless against all losses, claims, proceedings, actions, damages, costs, expenses and any other liabilities (whether direct, indirect, incidental, punitive, and consequential) which may arise out of, or in consequence of, your use of and/or access of the Site, Service and the Data, or from the use of or reliance on the Data, any information, content, materials (including software) or products and/or services included on or otherwise made available to you through the Site or in respect of any information you obtain from the Site or in consequence of your violation of any Terms and Conditions in this Agreement.
8.3. You further undertake to indemnify the Company and its Personnel fully and hold it harmless against all losses, claims, proceedings, actions, damages, costs, expensesand any other liabilities (whether direct, indirect, incidental, punitive, andconsequential) which may arise out of, or which is caused directly or indirectly by any act or omission of you, whether deliberate, accidental, negligent or reckless, in the course of the provision of the Service by the Company to you under this Agreement whether such acts or omissions amount to a breach of an express or implied obligation under this Agreement or a breach of any other legal requirement or obligation, code of practice, licence, regulation, content, forbearance, approval, permission or rule.
8.4. The right of the Company to be indemnified under this Agreement is in addition to, and not exclusive of, any other right, power or remedy provided by law, but the Company is not entitled to be compensated in excess of the amount of the relevant cost, liability, loss, damage or expense incurred.
9. Governing Law and Dispute Resolution
9.1. This Agreement shall be governed by and construed in accordance with the laws of France, the courts of which shall be courts of competent jurisdiction.
9.2. By accessing the Site and using the Service, you agree that the laws of France without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between the Company and you without regard to principles of conflict of laws.
9.3. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by litigation in the courts of France.
10. Miscellanous / General Terms
10.1. If any provision in this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, that provision shall be deemed severable. Any modification to or deletion of a provision shall not affect the validity and enforceability of any remaining provisions.
10.2. This Agreement contain the full and complete understanding between the parties and supersede all prior arrangements and understandings whether, written or oral, appertaining to the subject matter of this Agreement and may not be varied except by an instrument in writing signed by the Company. You acknowledge that no representations or promises not expressly contained in this Agreement have been made to you by the Company or any of its servants, agents, employees, members or representatives.
10.3. The parties are independent businesses and are not partners, principal and agent or employer and employee and this Agreement does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party's behalf.
10.4. No failure or delay by the Company to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
10.5. Except as expressly provided for in this Agreement, a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any of the provisions of this Agreement.