DEFINITIONS AND INTERPRETATION
These Term of Use, use the following abbreviations, phrases and words below shall have the following meaning:
“Features” mean the various applications and processes deployed on the Adsertor platform.
“Platform” means the underlying infrastructure that hosts the separate Features.
“Data” means information and data about users or usage of the adsertor.net service;
“Free Trial” means Your right to use the Features of the Platform for the period of Thirty (30) Days from the date of Your registration or until We deem fit.
“Intellectual Property Rights (IPR)” means any, database right, design right, trade mark, service mark, patent, domain name, copyright, confidential information, business name, trading name, right to sue for passing off or for unfair competition, and any other IPR applied for, registered / unregistered along with all extensions, revivals and renewals thereof and existing anywhere in the world
“Website” means www.adsertor.net and any other THSA Solutions Ltd related domains.
Reference to a “Person” includes any individual, company (limited, partnership, LLP, Joint Venture, PLC, Organisation, Charity, Public Body) and any references to the same shall include a reference to the others.
Any phrase starting or including the following words shall be constituted as illustrative and not construed as limiting the generality of the preceding or proceeding words (“include”, “including”, “for example”, “in particular”)
References to the plural include the singular and in each case vice versa.
ACCEPTANCE OF TERMS
PROVISION OF FEATURES AND WEBSITE
We will provide You with the Platform and allow You to use it solely for the purpose of uploading, viewing appends of, manipulating and segmenting your data subject to these Terms and Conditions.
Distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter the Service. Attempt to decompile, reverse engineer or otherwise disassemble any part of the Service or the Website
Attempt to copy any software or source code provided to You by Us as part of the service
Create a derivative version of the software provided to You by Us
Redistribute, encumber, sell, rent, lease or otherwise use the Service in a timeshare or service bureau relationship
Use any information from the Features for the sending of spam
Use any part of the Features to upload, post, email or transmit viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other software, files or programs that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or network equipment
Correct information regarding Your and or Your employers identity must be accurate and be a legitimate address.
The use of the features along with all content uploaded, downloaded, processed or transferred is solely your responsibility and should be compliant with UK Law.
Any content or data transferred under Your user account should be processed by the registered user and or an individual that has expressed permission to do so and will not:
Infringe any 3rd party rights
Violate any applicable law or regulation
Negatively affect the reputation of a 3rd party
Disseminate business secret or confidential information
Incite a 3rd party to commit a crime constitute a threat, abuse or harassment, and that You possess such necessary licences from third parties as may be required in order to process the Content and use the Features. You hereby INDEMNIFY Us and keep Us INDEMNIFIED against any and all claims, damages, loss, expenses, costs and disbursements suffered by Us as a result of a breach by You (or one of Your personnel) of this clause 5.
It is not allowed to obtain or attempt to obtain any statistics around any other user’s usage of the Features, misuse the data of others or make any libellous, abusive or derogatory content is completely forbidden.
You agree not to use any ‘robots’, ‘spiders’ or ‘offline readers’ to access the features and therefore make more requests during a 24 hour period that a human can reasonably produce using a conventional web browser.
For any individual user within an organisation, company, Sole trader, LLP, Plc and any other corporate bodies, the email address provided will be specifically named and related and or linked to a business or company address. That email address will not be shared across multiple users. With that you agree that:
You agree that only You will access Your account using Your email address.
You will not share your personal login details (to include username and or password) to any other individual(s).
Only one email address per person will be registered on the Website at any one time and not to have multiple ‘dormant’ and or registered accounts at any one time.
NOTIFICATION OF UNAUTHORISED ACTS
PROPRIETARY RIGHTS IN CONTENT
We are the owner of the licensee of all intellectual property rights in relation to the Platform, Features and Applications (unless specifically indicated otherwise). Under no circumstances shall You or a third party acquire any Intellectual Property Rights to the Features. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
Should you decide to terminate your account, it is Your sole responsibility to remove your content from the Platform.
WARRANTIES AND DISCLAIMERS
We warrant that We shall use reasonable endeavours to ensure that the Features We provide accord with the description of such Features set out on the Website.
Subject to clause 8.1, the Features, Data and the Website are provided to You “as is” and “as available” and could contain defects, faults, mistakes and other deficiencies. We do not guarantee or warrant that the Service and/or the Website will be uninterrupted, error-free or will operate at any particular speed or frequency.
We neither endorse nor are We responsible for the accuracy, reliability or veracity of any opinion, advice, or statement provided by another user and We are further not responsible and nor shall You deem Us to be responsible for any defamatory, obscene, abusive, racist, sexist, or other derogatory Content even where such Content is in breach of any rule imposed by Us. We shall not be liable for any loss suffered by You in reliance on any statement, opinion or advice received from the Service and it is entirely incumbent on You to verify the accuracy of such opinion, advice or statement offered or other Content through the Service prior to Your reliance upon it. Wherever possible You ought to obtain the advice of a recognised professional in the relevant field in which the opinion, advice or statement is offered.
LIMITATION OF LIABILITY AND RISK
In the case of:
The tort of deceit or fraud
Death or personal injury caused by negligence
Any liability to the extent that the same may not be excluded or limited as a matter of applicable law.
You shall cease to use any of the features and the Website along with all content upon terminations of use.
During the version 1 (one) stage of Adsertor, you may be accessing the Features through a Free Trial, if you do not wish to purchase the features from Us, you need take no further action.
If you are a subscription customer, you must notify us in writing a minimum of Thirty (30) days of your intentions to cancel. On receipt of this notification, your account will be terminated at the end of the next billing cycle.
MODIFICATIONS TO THIS AGREEMENT
These Terms and Conditions supersede all prior agreements, arrangements and undertakings between the parties constitutes the entire agreement between the parties relating to its subject matter. No addition to or modification of any provision of these Terms and Conditions shall be binding upon the parties unless made by written instrument signed by a duly authorised representative of each of the parties.
A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labour disputes, embargoes, government orders or any other force majeure event.
All notices which are required to be given hereunder shall be in writing and shall be sent to the address of the recipient set or such other address as the provisions of this clause. Any such notice may be delivered by hand or by first class pre-paid letter or by facsimile and shall be deemed to have been served off by hand when delivered if by first class post 48 hours after posting and if by telex or facsimile when dispatched.
The failure by Us to exercise a right or remedy hereunder shall in no manner affect Our ability to exercise Our right or remedy at a later time. No waiver by Us of the breach of any provision hereof whether by conduct or otherwise on any one or more instances shall be deemed to be further or continuing waiver of such provision.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If there is a technical deficiency in the software or Data that affects its ability to meet a specific need, Adsertor will, at its discretion, refund the purchase price (excluding shipping/handling) within 30 days of purchase.
A refund is conditional upon the following criteria:
The customer must seek technical assistance from Adsertor to try and solve the issue.
The customer must provide Adsertor with sufficient information for Adsertor to reasonably investigate the matter with a view to identifying and rectifying the problem.
A refund is not satisfied if:
Customer has not requested technical support before submitting refund request; or,
Customer has contacted technical support but has not provided sufficient information to identify the issue; or,
Customer has not followed the instructions given by support team in order to attempt to solve the issue.
Technical support is available by calling 0161 300 7757.