/Terms of Use
Terms of Use 2017-07-25T01:00:44+00:00

Terms of Use

Please read these Terms carefully before accessing, using or obtaining any materials, information, products or services on our Site. We recommend that you print a copy of this for your future reference.

  • About our Terms
    • These Terms explain how you may use this website (the Site). These Terms are valid as of 20.05.2017.
    • Our Site is made available to you free of charge.
    • References in these Terms to the Site includes the following website: xecuredata.com , and all associated web pages.
    • You should read these Terms carefully before using the Site.
    • By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
    • If you do not agree with or accept any of these Terms, you should stop using the Site
    • If you have any questions about the Site, please contact us by:
    • Definitions
Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
Terms means these terms and conditions of use as updated from time to time;
Unwanted Submission has the meaning given to it in clause 7.1;
Cookie policy means the policy https://xecuredata.com/cookies/, which governs how we use cookies in the Site;
Online terms and conditions for the supply of services goods means the terms and conditions https://xecuredata.com/terms-of-use/, which will apply to you ordering service and or goods using the Site;
Privacy policy means the policy https://xecuredata.com/privacy-policy/, which governs how we process any personal data collected from you;
Site has the meaning given to it in clause 1.1;
You or your means the person accessing or using the Site or its Content.

 

  • Your use of the Site means that you must also comply with these Terms and Conditions, our Privacy policy, our Cookie policy and our Online terms and conditions for the supply of services and goods, where applicable.
  • Using the Site
    • The Site is for your use only.
    • You agree that you are solely responsible for:
      • all costs and expenses you may incur in relation to your use of the Site; and
      • keeping your password and other account details confidential.
    • The Site is intended for use only by those who can access it from within Switzerland. If you choose to access the Site from locations outside Switzerland, you are responsible for compliance with local laws where they are applicable.
    • You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your account or IP address are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
    • You are solely responsible for keeping your login credentials secured and non-disclosed to third parties.
    • We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at support@xecuredata.com .
    • We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
    • We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted.
    • Access to our site is permitted on a temporary basis.
    • We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason Site is unavailable at any time or for any period.
  • Linking to Our Site
    • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    • You must not establish a link to the Site in any website that is not owned by you.
      Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page.
    • We reserve the right to withdraw this linking permission without notice.
    • If you wish to make any use of content on the Site other than that set out above, please contact support@xecuredata.com
  • Actions Limitation
    • As a condition of use, you promise not to use the Site and the Services for any purpose that is unlawful or prohibited by these Terms or any applicable law, or any other purpose not reasonably intended by us.
    • Additionally, you agree that you will not:

(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

(ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

(iii) bypass any measures we may use to prevent or restrict access to the Site. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.

  • You further agree to not use our Services to send spam or junk mail, or mailing list emails that contain persons that have not specifically agreed to be included on that list.
  • For the purpose of these Terms, spam shall refer to irrelevant or unsolicited messages sent over the Internet, typically to large numbers of users, for the purposes of advertising, phishing, spreading malware or virus (“Spam”). We also do not support bulk email sending.
  • Any account found to be generating Spam will be immediately suspended. We may also terminate accounts which are being used for illegal activity, in particular in response to court orders from the competent authorities informing us of such illegal activity.
  • By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
  • Ownership, use and intellectual property rights
    • This Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms.
    • Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
  • Software
    • Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an ‘end user licence agreement’ or ‘EULA’). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests.
    • Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.
  • Submitting information to the Site
    • While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
    • We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
  • Accuracy of information and availability of the Site
    • While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
    • We may suspend or terminate operation of the Site at any time as we see fit.
    • You may have certain legal rights when using the Site (such as if the Online terms and conditions for the supply of goods apply to you).
    • Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
    • While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
  • Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that 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.

  • Limitation on our liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF AN AMOUNT EQUAL TO THREE MONTHS OF YOUR SERVICE FEE FOR THE SERVICE OR FIVE DOLLARS ($5.00). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

  • No reliance on information
    • The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
    • Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
  • Indemnification

You agree that we, and any parents, subsidiaries, officers, employees, or third party contractors cannot be held responsible for any third party claim, demand, or damages, including reasonable attorneys’ fees, arising out of your use of the Service.

 

  • Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

  • Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

  • Variation

These Terms are dated as set above. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

  • Disputes
    • We will try to resolve any disputes with you quickly and efficiently.
    • If you are unhappy with us please contact us as soon as possible.
    • If you want to take court proceedings, the relevant courts of Switzerland will have exclusive jurisdiction in relation to these
    • Relevant Swiss law will apply to these

 

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