TERMS OF SERVICE
This Terms of Service (hereinafter referred to as “TOS”) is entered into by and between the Client (hereinafter referred to as “you” or “your”) and Mamedisa International Limited (trading as Warbble) (hereinafter referred to as “we”, “our”, or “us”). You are deemed to have accepted the provisions of this TOS by availing of our software as a service (hereinafter referred to as “SaaS” or “Service”). This TOS is made up of the terms below, plus any other policies and materials specifically referred to in this TOS.
I. DESCRIPTIVE AND TECHNICAL INFORMATION
We may provide you with catalogues, product brochures, photographs and other illustrations as a general representation of our services, but these information shall not be taken as an exact representation and shall not form part of the TOS, except as specifically set forth. We reserve the right to make changes in design, specifications or materials that in our opinion are an improvement or necessary modification. Any description of our services including, but not limited to, samples, literature, models, bulletins, drawings, diagrams, or similar materials are intended for the sole purpose of identifying and describing our services and shall not be construed as an express warranty
II. LIMITED LIABILITY
We do not legally guarantee that our Services are one hundred percent accurate. Though we have reasonable grounds to believe that our SaaS software is in itself solid, the same is heavily reliant on your act of utilizing the same. As such, there is a logical degree of risk in these circumstances. Furthermore, we assume no responsibility for the integrity or completeness of the provided data delivered from your own site, or in respect of any error within the report calculation. Finally, we do not warrant that our operations shall be uninterrupted or error-free. We shall provide our Services on an "as is" and “as available” basis without warranty of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service, whether express or implied.
To the maximum extent permitted by applicable law, we and our subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages including, without limitation, in respect of inaccurate information, loss of data, loss of use, loss of anticipated savings, accrued but wasted expenditure, cost of procurement of substitute services, loss of good-will, or other intangible losses resulting from (i) your access to or use of or inability to access or use the Service, (ii) any conduct or content from any third party on the Service, (iii) any content and/or information obtained from the Service or reliance upon the Service or any part thereof, and (iv) unauthorised access, use, or alteration of any material or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we knew of or ought to have known of the possibility of such damages.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer or mobile equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our website or to which a link is available as part of the Service. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. The Service can forward information from third party services or provide links to such services. We are not responsible for third party services, information provided by them, their actions, or omissions.
III. CLIENT’S UNDERTAKING
You agree that you are responsible and liable for all other users who utilize our SaaS products and services through you, with or without your consent. While we make every effort to ensure that the data is secure at all times, you likewise recognize that there are instances that may damage, corrupt, delete or in any way alter your data that are beyond our control. Therefore, you accept responsibility for backing up any data, software, information and any other files. Under no circumstance shall we be held responsible for any server breaches, intercepted data, loss of data or any other analogous circumstances.
You agree to refrain from using our Service:
in excess of, or beyond, the agreed purpose;
to distribute, sell, license, provide or otherwise make our Service available to third parties without our consent;
to store or transmit material or information that is infringing, libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person or otherwise harmful, unlawful or tortious, or in violation of any third party privacy or other rights;
in any way that is in violation of any applicable law, rule or regulation;
to transmit viruses, malware, or other malicious code in the Service;
It is prohibited to modify, reverse-engineer, or otherwise manipulate, interfere with or disrupt the Service. In order to ensure the integrity of the Service, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing the Service.
V. TERM AND TERMINATION
We do not guarantee that the Service will always be available or be uninterrupted. We will not be liable to you if for any reason the Service is unavailable at any time or for any period. We reserve the right to discontinue offering the Service or to modify the Service at any time in our sole discretion and without notice. Notwithstanding anything contained in these TOS to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service and/or your user account at any time. Following termination, all such terms that by their nature may survive termination of these TOS shall be deemed to survive such termination.
VI. MONITORING; PRIVACY
We reserve the right, but are not obligated, to monitor the use of our Services, whether published or unpublished, in the interests of security. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
You understand and accept that network and mobile services are not entirely secure. You are responsible for the security of your own devices, systems, credentials, and actions. Please be reminded that you must protect any passwords or other credentials associated with your account for the Service, and take full responsibility for any use of the account under your password.
By using our services, you consent to any transfer of personal information for the purposes of storing the information where Warbble Limited and/or our agents maintain their facilities. You are responsible for protecting and enforcing your rights.
VII. INTELLECTUAL PROPERTY RIGHTS
These TOS confer only the right to use the Service while these TOS and applicable license(s) (if any) are in effect and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property. Any services provided to you under these TOS, and other data or materials that are prepared in the performance of such services hereunder, and all right, title and interest in the foregoing, will belong to us. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from our SaaS products and services.
You agree to hold harmless and indemnify us and our subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your breach of these TOS, or your violation of any law or the rights of a third party, or your use of our services, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. Nothing in these TOS shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these TOS.
IX. LIABILITY DISCLAIMER
The information, content, software, products, and services included in or available through our Services may include inaccuracies or typographical errors. Changes are periodically added to the information therein. We may make improvements and/or changes to same at any time. Any general advice that you may acquire from us should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
X. GOVERNING LAW
To the maximum extent permitted by law, the laws of Ireland shall govern these TOS and you hereby consent to Irish courts being the exclusive jurisdiction and venue in all disputes arising out of or relating to the Service and these TOS. The SaaS service is unauthorized in any jurisdiction that does not give effect to all provisions of this TOS, including without limitation this paragraph.
XI. CONTRACTUAL RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these TOS.
XII. WAIVER AND SEVERABILITY
Our failure to exercise any rights under these TOS shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. If any part of these TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect.
XIII. QUESTIONS OR CONCERNS
Should you have any questions regarding these TOS, please contact us via e-mail at firstname.lastname@example.org or by mail at Mamedisa International Limited T/A Warbble Guinness Enterprise Centre, Taylors Lane, Dublin 8, Ireland. We will seek to swiftly resolve any concerns you may have.