These terms and conditions apply between all Users of this Website (including but not limited to Members), and TAPPIYA LIMITED reg .No . HE 411011, the owner of this Website. In addition, these terms and conditions apply to the use of and (where applicable) purchase of TAPPIYA LIMITED reg .No . HE 411011 Products and Services, including but not limited to advertising with TAPPIYA LIMITED .
Please read these terms and conditions carefully, because they affect your legal rights.
- Acceptance of Terms
1.1. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. By using the Website and agreeing to these terms and conditions, you guarantee that you are at least 18 years old. Your access to and use of TAPPIYA LIMITED Website or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website, you are fully accepting the terms, conditions, and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.2. TAPPIYA LIMITED reg .No . HE 411011 reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly and verify whether any changes have occurred.
1.3. If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorized to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
- Intellectual Property and Acceptable Use of Content
2.1. Content is available via TAPPIYA LIMITED and this Website on a free of charge basis and in consideration for a specified payment.
2.2. All Content included on the Website, unless uploaded by Users, Members, or Partners or as stated otherwise, is the property of TAPPIYA LIMITED, our affiliates, licensees, or other relevant third parties. By continuing to use the Website, Users acknowledge that such Content is protected by copyright, trademarks, database rights, and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission.
2.3. Subject to clause 3, TAPPIYA LIMITED hereby grants to the User a non-exclusive worldwide license for the duration of the Membership or in the case of a User who is not a Member, until TAPPIYA LIMITED may choose to revoke such license, to download, store, use, reproduce, transmit, display, copy, and provide access to Content in accordance with the terms of the Membership (where applicable) and at all times only for the User’s own informational purposes and for the avoidance of doubt, not for any commercial or business purposes.
2.4. Notwithstanding any other rights or remedies available to it, TAPPIYA LIMITED shall have the right to terminate any license granted to any User, to terminate any Membership (where applicable), or block a User from the Website in the event of any breach by such User of any of the terms and conditions of this license.
Without prejudice to any rights granted herein, TAPPIYA LIMITED reserves the right to amend, edit, abbreviate, or take down any Content at our discretion.
2.5. Notwithstanding the above, where a User is paying for additional premium content (by way of example, for Reports and/or as part of a Membership subscription) (“Pre-Paid Content”), such Users acknowledge that their access to such Pre-Paid Content is conditional upon payment in accordance with the payment methods set out on the Website before access to such Pre-Paid Content is permitted, and no license shall be granted until payment has been received in full for the relevant Pre-Paid Content. For the avoidance of doubt, all one-off fees payable for Reports shall be non-refundable, and the period of the license granted in such Content may only subsist for the duration of a User’s Membership subscription.
- Prohibited Use of the Site by Users
3.1. Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell, publish, distribute, provide access to Content for any purposes other than as set out herein. Nor are users allowed to sub-license, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose.
3.2. With regard the uploading, or posting of User Generated Content, and use of the site more generally, Users may not use the Website for any of the following purposes:
3.2.1. In any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website.
3.2.2. In any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening, or otherwise objectionable or in breach of any applicable law, regulation, or governmental order.
- Availability of the Website and Disclaimers
4.1. The Website and Services are provided “as is” and on an “as available” basis. TAPPIYA LIMITED gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by the law, TAPPIYA LIMITED provides no warranties (expressed or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality. TAPPIYA LIMITED is under no obligation to update information on the Website.
4.2. Whilst TAPPIYA LIMITED makes reasonable endeavors to ensure that the Website is secure and free of errors, viruses, and other malware, it gives no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
4.3. TAPPIYA LIMITED accepts no liability for any disruption or non-availability of the Website.
4.4. TAPPIYA LIMITED reserves the right to alter, suspend, or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
- Limitationof Liability
5.1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
5.2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
5.3. To the maximum extent permitted by law, TAPPIYA LIMITED accepts no liability for any of the following:
5.3.1. Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities.
5.3.2. Loss or corruption of any data, database, or software.
5.3.3. Any special, indirect, or consequential loss or damage.
- Website Content and Services
6.1. Except as otherwise expressly agreed to by TAPPIYA LIMITED in writing, information regarding TAPPIYA LIMITED Products and Services is subject to change without notice.
6.2. Information about TAPPIYA LIMITED Products and Services made available on and/or through this Website shall not constitute a representation, warranty, or other commitment by TAPPIYA LIMITED with respect to any product or service unless otherwise expressly agreed to by TAPPIYA LIMITED in writing.
6.3. Without limiting the generality of the foregoing, TAPPIYA LIMITED hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness thereof.
- Third-Party Content
7.1. This Website makes available certain Content that has not been created by Mboxdigital either via hyperlinks which may take Users to websites not controlled or maintained by Mboxdigital, or as hosted via the Website whether or not such Content is available free of charge, to Members only or for a fee, for example, Partner Downloads, Member profiles and other materials posted by other Users on the Website blogs and forums (“Third Party Content”).
7.2. Any copying, distribution, reproduction, retransmission, or modification of any of the Third-Party Content or any information or materials appearing in such Third-Party Content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third-Party Content.
7.3. Third Party Content is not the responsibility of TAPPIYA LIMITED, and Users acknowledge and confirm that TAPPIYA LIMITED has no control over the opinions, information, legality of products, or accuracy of facts or statements contained in such Third-Party Content. Furthermore, TAPPIYA LIMITED cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information provided. Nothing contained within Third- Party Content necessarily represents the point of view of TAPPIYA LIMITED.
7.4. TAPPIYA LIMITED cannot and does not confirm each User’s identity, whether or not they are a Member. TAPPIYA LIMITED allows Members to give access to information about themselves to other Members but does not control the information provided by Users or Members.
7.5. In the event that you have a dispute or issue with one or more of the other Users, you agree to unconditionally release TAPPIYA LIMITED (and our officers, directors, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
All media and advertising placed with Mboxdigital shall be subject to the following:
8.1. All advertisements are accepted subject to TAPPIYA LIMITED approval of the copy and to the space being available.
8.2. Mboxdigital reserves the right to omit or suspend any Advertising (or part thereof) at any time if Mboxdigital holds the belief that publication may be unlawful, defamatory, put Mboxdigital into disrepute, in breach of any regulations, or Advertising Standards Agency (or like body) regulation or code, put it in breach of contract or infringes the copyright of a third party. In which case, no claim on the part of any Client for damage or breach of contract shall arise.
8.3. If Mboxdigital considers it necessary to modify the space or alter the date or position of insertion or make any other alteration, the Client will have the right to cancel if the alterations requested are unacceptable, unless such changes are due to an emergency or circumstances beyond Mboxdigital’s control. Every care is taken to avoid mistakes, but Mboxdigital cannot accept liability for any errors due to third parties, subcontractors, or inaccurate copy instructions. In any event, the Client acknowledges and confirms that its sole remedy for such inaccuracies in Advertisements will be for Mboxdigital to use its reasonable endeavors to remedy such inaccuracies upon notice from the Client, where practicable. For the avoidance of doubt, the Client accepts that Advertisements which have gone to print cannot be altered.
8.4. The Client will indemnify Mboxdigital fully in respect of any claim made against Mboxdigital arising from Mboxdigital’s publication of any Advertisement or part thereof arising from a breach of any term, condition, undertaking or warranty given hereunder or otherwise to Mboxdigital. Mboxdigital may consult with the Advertiser as to the way in which such claims are to be handled, and may require the Client to enter as a party to any claim.
8.5. Advertisement rates are subject to revision at any time and orders are accepted on the condition that, in the case of Advertising placed within an issue of the Magazine, that the price binds Mboxdigital only in respect of the next issue to go to press. In the event of a rate increase, the Client will have the option to cancel the order without surcharge or continue the order at the revised advertisement rates.
8.6. Accounts are due for settlement within 30 days of the commencement of publication of the Advertising. In the event of any account becoming overdue, Mboxdigital reserves the right both to suspend Advertising until such time as the sum owing is paid and to reduce any commission otherwise allowed to Advertising Agencies.
8.7. Advertisement copy should be supplied by the Client in accordance with the mechanical data stated on the rate card. Charges will be made to the Client or his Agent where the printers are involved in extra production work owing to acts or defaults of the Client or his Agent. These charges will be at the rate agreed prior to commencement of Advertising.
8.8. If copy instructions are not received by agreed Copy Date no guarantee can be given that proofs will be supplied nor corrections made and Mboxdigital reserves the right to repeat the most appropriate copy, or insert a house advertisement for which the Client will be invoiced.
8.9. Total amount payable, by the Client, within the 30-day period, will be written in the ‘Gross Payment’ section of the order form, accompanying this document. Series bulk discount purchases must be paid in one payment, 30 days after invoice, unless otherwise stated.
8.10. In the case of the Client fails to make complete payment within 30 days of the invoice date occurred, cumulative monthly interest, at a rate of 10% per month from the invoice date, will be added to the gross amount. If at any time legal fees and costs are incurred as a result in obtaining payment from the Client, those costs will be charged back to the Client.
8.11. Client’s materials which may be delivered to Mboxdigital, including but not limited to property and artwork are held by Mboxdigital at Client’s risk and should be insured by them against loss or damage from whatever cause. Mboxdigital reserves the right to destroy all artwork, which has been in his custody for twelve months from the date of its last appearance.
9.1. Prices for any of Mboxdigital’s services or products are subject to change without prior notice. Mboxdigital aims to regularly update all publicly available sources of price information via the Website to ensure that you have accurate information available to you when you order.
9.2. The description and price of any Service purchased hereunder will be confirmed in Mboxdigital’s dispatch note and/or invoice or at point of payment if purchased online.
- Payment Policy
Unless specified herein or at point of purchase to the contrary, Mboxdigital invoices for any Service are due for payment 30 days from their date. Mboxdigital reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest.
11.1. Dependence on Mboxdigital’s Services: The contents of any of Mboxdigital’s Services or the Website do not constitute advice and should not be relied on in taking, or refraining from taking, any decision or action. Under no circumstances shall Mboxdigital be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Website or Services. You agree to indemnify Mboxdigital against any actions, claims, proceedings, or liabilities arising from your use of the Website or Services.
11.3. Force Majeure: If by reason of labor dispute, strikes, inability to obtain labor or materials, fire or other action of the elements, accidents, power or telecommunications failure, customs delays, governmental restrictions or appropriation or other causes beyond the control of a party, such as Mboxdigital is unable to perform in whole or in part its obligations set forth in these terms, then Mboxdigital shall be relieved of those obligations to the extent it is thereby unable to perform, and such inability to perform shall not make Mboxdigital liable to any other party.
11.4. Users may not transfer any of their rights under these terms and conditions to any other person. Mboxdigital may transfer their rights under these terms and conditions where Mboxdigital reasonably believes Users rights will not be affected.
11.5. These terms and conditions may be varied by Mboxdigital from time to time. Such revised terms will apply from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
11.6. These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements, or agreements that might have taken place in relation to the terms and conditions.
11.7. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
11.8. Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
11.09. Full terms and conditions outlining the terms and conditions pertaining to the use and delivery of Mboxdigital’s recruitment website can be found within that section of the site.
11.10. These terms and conditions are compiled in English. In whatever case of discordance between the two texts or doubts about their interpretation, the English one will prevail.
Categories of Information Collected and Stored
Through your interaction with and use of Mboxdigital’s website or use of our API and services, we may collect certain personal identifying Information (“Personal Information”), which is information that identifies an individual or relates to an identifiable individual. Personal Information may include a person’s name, physical address, telephone number, e-mail address, company affiliation, and purchase history. Mboxdigital’s requires that in some circumstances a prospect or customer provides Personal Information.
In general, you can visit Mboxdigital’s websites on the Internet without telling Mboxdigital who you are or revealing any information about yourself. Our websites may collect and store anonymous information about your visits. This information includes the time and length of your visit, the pages you look at on our sites, and the site you visited just before coming to ours. We may also record the name of your Internet service provider, browser type, and country of origin. We use this information to monitor and measure traffic and to develop ideas for enhancing our sites. We also collect anonymous information both directly and via use of the third-party services such as Google Analytics and Click Dimensions regarding site traffic and click-thru.
Cookies and Tracking Technology
Cookies allow a site to know if your computer has visited that site before. Cookies can then be used to help understand how the site is being used, help you navigate between pages efficiently, help remember your preferences, and generally improve your browsing experience. Cookies, by themselves, do not tell us your email address or other personal information. It is unique to your computer and can only be read by the server that gave it to you.
How We Use Information
Mboxdigital does not ask for Personal Information if you are simply browsing our website. Mboxdigital does require that you provide your name, email address, and other Personal Information when you are interfacing with Mboxdigital in certain situations, requesting pricing or licensing information, registering for technical support, registering for a give-a-way or other tradeshow or conference promotion, and purchasing a product or service. By voluntarily providing your name and email address to Mboxdigital when requested, you are explicitly “Opting-in” to receive product and services information, special offers, and general marketing material. If you don’t want Mboxdigital to send you e-mail regarding Mboxdigital’s products, services, or special offers, you may opt-out at any time. Opt-out links to unsubscribe to further marketing email communications are available on all marketing-related e-mail communications. If you wish to do this, simply follow the instructions at the end of any email. Opting out of marketing-related email communications does not preclude Mboxdigital from sending you certain email communications such as communications related to product downloads, sales transactions, licensing compliance, account collection, software updates, software patches, or fixes or responses to support issues.
Data and Submissions
In the course of using certain of our software and support services, you may provide us with access to your data (including image files and personal information). If you choose to use our support services, you may post information on our support forums or submit information at your discretion in order to more fully describe a problem. Such information may include files containing data or programs.
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