NORTH52 – ONLINE TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE NORTH52 SOFTWARE APPLICATIONS LIMITED (“North52”) SUPPORT WEBSITE (“SITE”). BY ACCESSING THE SITES AND USING THE SERVICES ON IT YOU (“YOU”), ARE FORMING A CONTRACT AND AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW. REFERENCE TO “YOU” AND “YOUR” ARE TO YOU AS A BUSINESS USER ONLY ACTING IN THE COURSE OF YOUR BUSINESS AND YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF THAT BUSINESS.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN PLEASE LEAVE THE SITE.
TERMS AND CONDITIONS:
North52 Software Applications Limited (“North52”) provides add on software products for Microsoft Dynamics CRM through the provision of the site (“Service”).
Full contact details for North52 are as follows:
As applicable, You acknowledge that You have provided North52 with accurate and complete registration information on your account sign-up and that it is your responsibility to update North52 with any changes to that information by e-mailing or telephoning North52 at the email address or telephone number provided above – North52 reserves the right to require You to provide evidence to verify any aspect of your account sign-up form at any time.
If also applicable, if You believe that there has been a breach of security such as the disclosure, theft or unauthorised use of your user name and password (“ID”) then You must notify North52 immediately. If North52 reasonably believes that your ID is being used in any way which is not permitted under this Agreement, North52 reserves the right to immediately suspend access rights on giving notice to You and to block access to the Service until the issue has been resolved to the satisfaction of North52.
North52 is continually seeking to improve the Service and to ensure that all information on the Site (to include fees and charges) (“Content”) is up to date. Accordingly, North52 reserves the right, and at its sole discretion, to make changes to any part of the Service or the Content at any time and without prior notice to You. We would also recommend that You regularly check the Site from time to time for any updates or changes to this Agreement and/or the Service.
This Agreement shall apply in preference to and shall supersede any other terms and conditions of business referred to or relied on by You.
North52 grants You a non-exclusive, non-transferable, non-assignable, revocable licence to use the Content subject to the terms and conditions of this Agreement.
The Content and all copyright, database rights, website design, trade and service marks and logos or names, design rights, know how and rights relating to loss of reputation and business and all other intellectual property rights including any software used on the Site (“Intellectual Property”) in each case whether registered or not, in the Content, the Service and the Site belong to North52 (or applicable licensors) and may not be used in any way whatsoever without the prior written consent of North52.
Any software that is made available to download from the Service is the copyrighted work of North52 and/or its suppliers. Use of such software is governed by the terms of the end user license agreement which accompanies or is included with the software license agreement. An end user will be unable to install any software that is accompanied by or includes a license agreement, unless he or she first agrees to the license agreement terms.
The software is made available for download solely for use by end users according to the license agreement and any reproduction or redistribution of the software not in accordance with the license agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible
North52 fully respects your right to privacy and has a strict policy of complying with the terms of the Data Protection Acts 1988 and 2003. At certain times, and as a result of your interaction with the Site, North52 may hold and process personal information obtained about You for the purposes providing You with the Service. By registering on and/or using the Site You consent to this collection and use of your information. We may also use this information to send You information about our products and/or services. If at any time You do not wish to receive such information please contact us at email@example.com
4. Warranties and Indemnity
North52 warrants that it will use all reasonable skill and care in the provision of the Service. North52 makes no warranty that the Site is free from viruses or anything else that has contaminating and/or destructive properties. It is your responsibility to adopt appropriate back-up, firewall and other precautionary security measures.
The Service is provided on an “as is” basis and all conditions and warranties or representations whether express or implied are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.
You warrant and represent that You are the owner or licensee of any content that You upload, record or otherwise transmit through the Service (collectively, “your Content”). You warrant and represent that You shall not publish, post, upload, record or otherwise transmit anything that: (i) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is materially false, misleading or inaccurate.
You agree not to: (1) use the Service in connection with chain letters, junk mail, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others; (3) knowingly interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (5) use the Service for any illegal purposes whatsoever.
You agree to fully indemnify North52 against all claims, liabilities, costs and expenses (including but not limited to legal fees) arising out of your use of the Service or related to any breach of this Agreement.
North52 shall use all reasonable endeavours to make the Service available to You but shall not be liable in the event of any interruption of the Service. North52 reserves the right to modify, withdraw, suspend or restrict the availability of the Service or any part of it.
To the maximum extent permitted by law, North52 shall not be liable to You whether in contract, tort (including negligence) or otherwise, for:
Under no circumstances will North52 be liable under this Agreement in respect of any fault which is the responsibility of any third party service provider.
North52 employs a safe and secure method of ordering on-line and all major credit cards are accepted. All charges shall be in accordance with the fee rates provided on the Site from time to time – please note that the North52 reserves the right to change the pricing of the Service at any time and without notice to You.
All products sold shall be subject to Value Added Tax as and where applicable and at the then prevailing rate.
All notices shall be given to the North52 via e-mail at firstname.lastname@example.org or by post to the North52’s address as set out under clause 1 of this Agreement; or to You at the e-mail or land address You provide in your registration information (as applicable).
The Site may contain links to other websites and resources however North52 is not responsible and shall not be held liable for the availability or content of these resources. No endorsement or approval of any such third party websites, their advice, opinions, information, products or services is expressed or implied by any information on our Site and where we provide links to other websites it is done for your convenience only shall be at your own risk and we shall not be liable for any damages arising in connection therewith.
This Agreement and your access to the Service may be terminated by North52 at any time or by written notice if (in the sole and reasonable opinion of North52) You are in breach of this Agreement and the breach is not properly remedied (which shall also be at the sole discretion of North52) within the period of 7 days after written notice of the breach has been given to You.
Should there be any dispute arising out of this Agreement the parties shall use every effort to agree it informally, however, if that fails to resolve the matter then on the written request of any party it can be referred to an independent mediator, the identity of whom shall be agreed between the parties. In the event the mediator cannot be agreed by the parties within 14 days of one party’s written request to appoint a mediator, the Dublin office of the International Centre for Dispute (“ICDR”) Resolution shall appoint a single independent mediator in accordance with the rules of the ICDR. The costs of the mediation shall be shared equally and the place of conduct of the mediation shall be Dublin, Ireland. In the event that within a period of 60 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the Irish Courts.
No failure or delay on the part of North52 relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
North52 shall be under no liability to You in respect of anything, which notwithstanding this provision, may constitute a breach of this Agreement arising by reason of force majeure which includes Act of God and failure of third party delivery agents.
This Agreement contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither You nor North52 shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides.
If any parts of this Agreement are held to be invalid, the remaining parts of the Agreement will continue to be valid and enforceable.
In the event of any inconsistency between the terms of this Agreement, the Site, and/or any other third party terms and conditions the terms of this Agreement shall prevail.
This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Ireland and be subject to the exclusive jurisdiction of the Irish courts.