Website terms and conditions (Version 1, 21st April 2008)
(1) Introduction
These terms
and conditions govern your use of our website; by using our website,
you accept these terms and conditions in full. If you disagree
with any part of these terms and conditions, do not use our website.
(2) Intellectual
property rights
Unless otherwise
stated, we or our licensors own the intellectual property rights in
the website and material on the website. Subject to the licence
below, all these intellectual property rights are reserved.
(3) Licence
to use website
You may view,
download for caching purposes only, and print pages or user manuals
and quick start guides from the website for your own personal use, subject
to the restrictions below.
You must not:
(a) republish
material from this website (including republication on another website);
(b) sell,
rent or otherwise sub-license material on the website;
(c) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose without the express written permission of Embark Technologies Ltd.
(4) Limitations
of liability
Whilst we endeavour
to ensure that the information on this website is correct, we do not
warrant its completeness or accuracy; nor do we commit to ensuring that
the website remains available or that the material on the website is
kept up-to-date.
To the maximum
extent permitted by applicable law we exclude all representations, warranties
and conditions (including, without limitation, the conditions implied
by law of satisfactory quality, fitness for purpose and the use of reasonable
care and skill).
Our liability
is limited and excluded to the maximum extent permitted under applicable
law. We will not be liable for any direct or indirect loss or
damage arising under these terms and conditions or in connection with
our website, whether arising in tort, contract, or otherwise.
Without limiting the generality of the foregoing exclusion, we will
not be liable for any loss of profit, contracts, business, goodwill,
data, income, revenue or anticipated savings arising under terms and
conditions or in connection with our website, whether direct or indirect,
and whether arising in tort, contract, or otherwise.
However, nothing
in these terms and conditions shall exclude or limit our liability for
fraud, for death or personal injury caused by our negligence, or for
any other liability which cannot be excluded or limited under applicable
law.
(5) Restricted
access
Access to certain
areas of our website is restricted. We reserve the right to restrict
access to other]areas of our website, or indeed our whole website, at
our discretion.
If we provide
you with a user ID and password to enable you to access restricted areas
of our website or other content or services, you must ensure that that
user ID and password is kept confidential. You accept responsibility
for all activities that occur under your user ID or password.
We may disable
your user ID and password at our sole discretion OR if you breach any
of the policies or terms governing your use of our website or any other
contractual obligation you owe to us.
(6) Bulletin
board / chat room / comments
You must not
use our website in any way that causes, or may cause, damage to the
website or impairment of the availability or accessibility of the website.
You must not
use our website 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 our website for any purposes related to marketing without our express
written consent.
You must not
use our website to copy, publish or send mass mailings or spam.
You must not
use our website to copy, publish or send material which is illegal or
unlawful, or material which could give rise to legal action under Irish
and other applicable law. All material you copy, publish or send
via our website must not be defamatory, obscene, indecent, hateful,
discriminatory or inflammatory; such material must not infringe any
person's intellectual property rights or rights of confidence, impinge
upon any person's privacy, or constitute incitement to commit a crime;
further, material must not be misleading, deceptive, sexually explicit,
threatening, abusive, harassing or menacing.
We reserve
the right to edit or remove any material posted upon our website.
We may take
such action as we deem appropriate to deal with the posting of unsuitable
material, including suspending or cancelling your account, restricting
your access to our website, or commencing legal proceedings against
you.
In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.
(7) Variation
We may revise
these terms and conditions from time-to-time. Please check this page
regularly to ensure you are familiar with the current version.
(8) Entire
agreement
These terms
and conditions, together with our privacy policy and, in the event you
purchase something from us on this website, our terms and conditions
of sale constitute the entire agreement between you and us in relation
to your use of our website, and supersede all previous agreements in
respect of your use of this website.
(9) Law and
jurisdiction
These terms
and conditions will be governed by and construed in accordance with
Irish law, and any disputes relating to these terms and conditions shall
be subject to the exclusive jurisdiction of the courts of the Republic
of Ireland.
(10) Registrations
and authorisations
Our VAT number is [9653921s].
The full name
of our company is Embark Technologies Ltd. We are registered in
The Republic of Ireland under registration number 427175. Our
registered address is 52a Thorncastle Street, Dublin 2.
You can contact
us by email at: support@sailclever.com
These terms and conditions are based on a template
created and distributed by www.website-law.co.uk