2.
Acceptable
Use
2.1
You may not access
or use the Site for any purpose
other than that for which we make the site and our services
available. The Site may not be used in connection with any
commercial endeavors except those that are specifically endorsed
or approved by
us.
2.2
As a user of this Site, you
agree not to:
-
Systematically retrieve data or other content from
the Site to a compile database or directory without written
permission from us
-
Make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users to send
unsolicited email or creating user accounts under false pretenses
-
Use the Site to advertise or sell goods and
services
-
Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that
prevent or restrict the use or copying of any content or enforce
limitations on the use
-
Engage in unauthorized framing of or linking to
the Site
-
Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account information
such as user passwords
-
Make improper use of our support services, or
submit false reports of abuse or misconduct
-
Engage in any automated use of the system, such as
using scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools
-
Interfere with, disrupt, or create an undue burden
on the Site or the networks and services connected to the Site
-
Attempt to impersonate another user or person, or
use the username of another user
-
Sell or otherwise transfer your profile
-
Use any information obtained from the Site in
order to harass, abuse, or harm another person
-
Use the Site or our content as part of any effort
to compete with us or to create a revenue-generating endeavor or
commercial enterprise
-
Decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a
part of the Site
-
Attempt to access any portions of the Site that
you are restricted from accessing
-
Harass, annoy, intimidate, or threaten any of our
employees, agents, or other users
-
Delete the copyright or other proprietary rights
notice from any of the content
-
Copy or adapt the Site’s software, including but
not limited to Flash, PHP, HTML, JavaScript, or other code
-
Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material that interferes
with any party’s uninterrupted use and enjoyment of the Site, or any
material that acts as a passive or active information collection or
transmission mechanism
-
Use, launch, or engage in any automated use of the
system, such as using scripts to send comments or messages, robots,
scrapers, offline readers, or similar data gathering and extraction
tools
-
Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site
-
Use the Site in a manner inconsistent with any
applicable laws or regulations
-
Misrepresent experience, skills, or information
about a User
-
Advertise products or services not intended by us
-
Upload, contribute or distribute any illegal or
prohibited material. Doing so will result in a permanent ban and you
will be reported to the authorities.
-
Upload, contribute or distribute any copy-written
material (including: documents, images, audio, video, text or any
other type of data) that is not created by, owned by, or licenced to
you.
-
Upload or share pornographic material, or share
links to pornography websites with any other user(s) regardless of
age
-
Use pornography, nudity or other inappropriate
images as your profile picture
-
Use profanities or inappropriate language as your
display name
3.
Information you provide
to us
3.1 You represent
and warrant that: (a) all
registration information you submit will be true, accurate, current, and
complete and relate to you and not a third party; (b) you will maintain the
accuracy of such information and promptly update such information as
necessary; (c) you will keep your password confidential and will be
responsible for all use of your password and account; (d) you have the legal
capacity and you agree to comply with these Terms and Conditions; and (e)
you are not a minor in the jurisdiction in which you reside, or if a minor,
you have received parental permission to use the
Site.
If you know or
suspect that anyone other than you knows your user information (such
as an identification code or user name) and/or password you must
promptly notify us at support@savu.io
.
3.2 If you provide
any information that is
untrue, inaccurate, not current or incomplete, we may suspend or terminate
your account. We may remove or change a user name you select if we determine
that such user name is inappropriate.
4.
Content you provide to
us
4.1
There may be
opportunities for you to post content to the Site or send feedback
to us (User Content). You understand and agree that
your User Content may be viewed by other users on the Site, and that
they may be able to see who has posted that User
Content.
4.2 In posting
User Content, including
reviews or making contact with other users of the Site you shall comply with
our Acceptable Use Policy __________
.
4.3
You warrant
that any User Content does
comply with our Acceptable Use Policy, and you will be
liable to us and indemnify us for any breach of that
warranty. This means you will be responsible for any
loss or damage we suffer as a result of your breach of
this
warranty.
4.4
We have the right
to remove any User Content you
put on the Site if, in our opinion, such User Content
does not comply with the Acceptable Use
Policy.
4.5
We are not responsible and accept no liability for any User Content
including any such content that contains incorrect information or is
defamatory or loss of User Content. We accept no obligation to
screen, edit or monitor any User Content but we reserve the right to
remove, screen and/or edit any User Content without notice and at
any time. User Content has not been verified or approved by us and
the views expressed by other users on the Site do not represent our
views or
values.
4.6
If you wish to complain
about
User Content uploaded by other users please contact us at
support@savu.io
.
5.
Our
content
5.1
Unless otherwise
indicated, the Site and
Services including source code, databases, functionality,
software, website designs, audio, video, text, photographs,
and graphics on the Site (Our Content) are
owned or licensed to us, and are protected by copyright and
trade mark
laws.
5.2
Except as expressly provided
in these Terms and
Conditions, no part of the Site, Services or Our Content may
be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our
express prior written
permission.
5.3
Provided that you
are eligible to use the
Site, you are granted a limited licence to access and use
the Site and Our Content and to download or print a copy of
any portion of the Content to which you have properly gained
access solely for your personal, non-commercial
use.
5.4
You shall not
(a) try to gain unauthorised
access to the Site or any networks, servers or computer
systems connected to the Site; and/or (b) make for any
purpose including error correction, any modifications,
adaptions, additions or enhancements to the Site or Our
Content, including the modification of the paper or digital
copies you may have
downloaded.
5.5
We shall
(a) prepare the Site and Our
Content with reasonable skill and care; and (b) use industry
standard virus detection software to try to block the
uploading of content to the Site that contains
viruses.
5.6
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 taking, any action on the basis of the
content on the
Site.
5.7
Although
we make reasonable efforts
to update the information on our site, we make no
representations, warranties or guarantees, whether express
or implied, that Our Content on the Site is accurate,
complete or up to date.
6.
Link to third party
content
6.1
The Site may contain links (including those sent you by other users) to websites or applications operated by third parties. We
do not have any influence or control over any such third party
websites or applications or the third party operator. We are not
responsible for and do not endorse any third party websites or
applications or their availability or
content.
6.2
We accept no
responsibility
for adverts contained within the Site. If you agree to purchase
goods and/or services from any third party who advertises in the
Site, you do so at your own risk. The advertiser, and not us, is
responsible for such goods and/or services and if you have any
questions or complaints in relation to them, you should contact
the advertiser.
7.
Site
Management
7.1
We reserve
the right at our sole
discretion, to (1) monitor the Site for breaches of these
Terms and Conditions; (2)
take appropriate legal action against anyone in breach of
applicable laws or these Terms and Conditions; (3
)
refuse, restrict access to or availability of, or
disable (to the extent technologically feasible) any of
your Contributions;
(4)
remove from the Site or otherwise disable all files and
content that are excessive in size or are in any way a
burden to our systems; and (5)
otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper
functioning of the Site and Services.
7.2
We do not
guarantee that the Site will
be secure or free from bugs or
viruses.
7.3
You are responsible
for configuring your
information technology, computer programs and platform to
access the Site and you should use your own virus protection
software.
8.
Modifications to and
availability of the Site
8.1
We reserve
the right to change, modify,
or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. We also
reserve the right to modify or discontinue all or part of
the Services without notice at any
time.
8.2
We cannot
guarantee the Site and
Services will be available at all times. We may experience
hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions,
delays, or errors. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Site or Services during
any downtime or discontinuance of the Site or Services. We
are not obliged to maintain and support the Site or Services
or to supply any corrections, updates, or
releases.
8.3
There may be
information on the Site that
contains typographical errors, inaccuracies, or omissions
that may relate to the Services, including descriptions,
pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information at any
time, without prior
notice.
9.
Disclaimer/Limitation of
Liability
9.1
The Site and Services
are provided on an as-is and
as-available basis. You agree that your use of the Site
and/or Services will be at your sole risk except as
expressly set out in these Terms and Conditions. All
warranties, terms, conditions and undertakings, express or
implied (including by statute, custom or usage, a course of
dealing, or common law) in connection with the Site and
Services and your use thereof including, without limitation,
the implied warranties of satisfactory quality, fitness for
a particular purpose and non-infringement are excluded to
the fullest extent permitted by applicable
law.
We
make no
warranties or
representations about the accuracy or completeness of the
Site’s content and are not liable for any (1) errors or
omissions in content; (2) any unauthorized access to or use
of our servers and/or any and all personal information
and/or financial information stored on our server; (3) any
interruption or cessation of transmission to or from the
site or services; and/or (4) any bugs, viruses, trojan
horses, or the like which may be transmitted to or through
the site by any third party. We will not be responsible for
any delay or failure to comply with our obligations under
these Terms and Conditions if such delay or failure is
caused by an event beyond our reasonable
control.
9.2
Our responsibility for loss or damage suffered by
you:
Whether you are a
consumer or a business user:
If
you are a business
user:
We
will not be
liable to you for any loss or
damage, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise,
even if foreseeable, arising under or in connection
with:
-
use of, or
inability to use, our
Site/Services;
or
-
use of or
reliance on any content
displayed on our
Site.
In particular, we will not
be liable
for:
-
loss of profits, sales,
business, or
revenue;
-
loss of anticipated
savings;
-
loss of business
opportunity, goodwill or reputation;
or
-
any indirect or
consequential loss or
damage.
If you are a
consumer user:
-
Please note that
we only
provide our Site for domestic and
private use. You agree not to use
our Site for any commercial or
business purposes, and we have no
liability to you for any loss of
profit, loss of business, business
interruption, or loss of business
opportunity.
-
If defective digital
content that
we have supplied, damages a device
or digital content belonging to you
and this is caused by our failure to
use reasonable care and skill, we
will either repair the damage or pay
you compensation.
-
You have legal r
ights
in relation to goods that are faulty or
not as described. Advice about your
legal rights is available from your
local Citizens' Advice Bureau or Trading
Standards office. Nothing in these Terms
and Conditions will affect these legal
rights.
10.
Term and
Termination
10.1
These Terms and Conditions
shall remain in
full force and effect while you use the Site or
Services or are otherwise a user of the Site, as
applicable. You may terminate your use or
participation at any time, for any reason, by
following the instructions for terminating user
accounts in your account settings, if available,
or by contacting us at
support@savu.io
.
10.2
Without limiting
any other
provision of these Terms and Conditions, we
reserve the right to, in our sole discretion and
without notice or liability, deny access to and
use of the Site and the Services (including
blocking certain IP addresses), to any person
for any reason including without limitation for
breach of any representation, warranty or
covenant contained in these Terms and Conditions
or of any applicable law or
regulation.
If we determine,
in our sole
discretion, that your use of the Site/Services
is in breach of these Terms and Conditions or of
any applicable law or regulation, we may
terminate your use or participation in the Site
and the Services or delete your profile
and
any content or information that you
posted at any time, without warning, in our sole
discretion.
10.3
If we terminate
or suspend your
account for any reason set out in this Section
9, you are prohibited from registering and
creating a new account under your name, a fake
or borrowed name, or the name of any third
party, even if you may be acting on behalf of
the third party. In addition to terminating or
suspending your account, we reserve the right to
take appropriate legal action, including without
limitation pursuing civil, criminal, and
injunctive
redress.
11.
Mobile
Application
11.1
If you access
the Services via a
mobile application, then we grant you a revocable,
non-exclusive, non-transferable, limited right to
install and use the mobile application on wireless
electronic devices owned or controlled by you, and
to access and use the mobile application on such
devices strictly in accordance with the terms and
conditions of this
license.
11.2
For business
users only
- You will
not:
(a) reverse
engineer
, decompile or
otherwise try to discover the source code of the
software/application unless you have first
written to us requesting interoperability
information and we have failed to provide you
with that information or if we have failed to
offer to provide you with interoperability
information on reasonable
conditions;
(b) make any
modification,
adaptation,
improvement, enhancement, translation or
derivative work from the
application;
(c) breach any
applicable
laws, rules or
regulations in connection with your access or
use of the
application;
(d) remove, alter or
obscure
any
proprietary notice (including any notice of
copyright or trade mark) posted by us or the
licensors of the
application;
(e) use the application
for Site for any
revenue
generating endeavor, commercial enterprise,
or other purpose for which it is not
designed or
intended;
(f) make the
application
available over
a network or other environment permitting
access or use by multiple devices or users
at the same
time;
(g) use the application
for
creating a
product, service or software that is, directly
or indirectly, competitive with or in any way a
substitute for the
application;
(h) use the application
to
send automated
queries to any website or to send any
unsolicited commercial e-mail;
or
(i) use any
proprietary
information or
any of our interfaces or our other
intellectual property in the design,
development, manufacture, licensing or
distribution of any applications,
accessories or devices for use with the
application.
11.3
The following terms apply
when you use a mobile
application obtained from either the Apple Store or
Google Play (each an App Distributor) to access the
Services:
(a) The licence granted
to you for our mobile
application is limited to a non-transferable licence
to use the application on a device that utilizes the
Apple iOS or Android operating system, as
applicable, and in accordance with the usage rules
set forth in the applicable App Distributor terms of
service;
(b) We are responsible
for providing any
maintenance and support services with respect to the
mobile application as specified in these Terms and
Conditions or as otherwise required under applicable
law. You acknowledge that each App Distributor has
no obligation whatsoever to furnish any maintenance
and support services with respect to the mobile
application;
(c) In the event of any
failure of the mobile application to conform to any
applicable warranty, you may notify an App Distributor, and
the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for
the mobile application, and to the maximum extent permitted
by applicable law, an App Distributor will have no other
warranty obligation whatsoever with respect to the mobile
application;
(d) You represent and
warrant
that (i) you are not
located in a country that is subject to a U.S.
government embargo, or that has been designated by
the U.S. government as a "terrorist supporting"
country; and (ii) you are not listed on any U.S.
government list of prohibited or restricted
parties;
(e) You must comply
with applicable third
party terms of agreement when using the mobile
application, e.g., if you have a VoIP application,
then you must not be in breach of their wireless
data service agreement when using the mobile
application;
and
(f) You acknowledge
and agree that the App
Distributors are third party beneficiaries of these
Terms and Conditions, and that each App Distributor
will have the right (and will be deemed to have
accepted the right) to enforce these Terms and
Conditions against you as a third party beneficiary
thereof.
12. General
12.1
Visiting the Site,
sending us
emails, and completing online forms constitute
electronic communications. You consent to
receive electronic communications and you agree
that all agreements, notices, disclosures, and
other communications we provide to you
electronically, via email and on the Site,
satisfy any legal requirement that such
communication be in
writing.
You hereby agree to
the use
of
electronic signatures, contracts, orders and
other records and to electronic delivery of
notices, policies and records of
transactions initiated or completed by us or
via the Site.
You hereby waive any
rights or requirements under any statutes,
regulations, rules, ordinances or other laws in
any jurisdiction which require an original
signature or delivery or retention of
non-electronic records, or to payments or the
granting of credits by other than electronic
means.
12.2
These Terms and Conditions
and any policies
or operating rules posted by us on the Site or
in respect to the Services constitute the entire
agreement and understanding between you and
us.
12.3
Our failure to exercise
or enforce any
right or provision of these Terms and Conditions
shall not operate as a waiver of such right or
provision.
12.4
We may assign any or all of
our rights and obligations to others at any
time.
12.5
We shall not be
responsible or
liable for any loss, damage, delay or failure to
act caused by any cause beyond our reasonable
control.
12.6
If any provision
or part of a
provision of these Terms and Conditions is
unlawful, void or unenforceable, that provision
or part of the provision is deemed severable
from these Terms and Conditions and does not
affect the validity and enforceability of any
remaining
provisions.
12.7
There is no joint
venture,
partnership, employment or agency relationship
created between you and us as a result of these
Terms and Conditions or use of the Site or
Services.
12.8
For consumers
only
-
Please note
that these Terms and Conditions, their
subject matter and their formation, are
governed by English law. You and we both
agree that the courts of England and Wales
will have exclusive jurisdiction expect that
if you are a resident of Northern Ireland
you may also bring proceedings in Northern
Ireland, and if you are resident of
Scotland, you may also bring proceedings in
Scotland. If you have any complaint or wish
to raise a dispute under these Terms and
Conditions or otherwise in relation to the
Site please follow this
link
http://ec.europa.eu/odr
.
12.9
For business
users only
-
If
you are a business user, these Terms and
Conditions, their subject matter and their
formation (and any non-contractual disputes or
claims) are governed by English Law. We both
agree to the exclusive jurisdiction of the
courts of England and Wales.
12.10
Except
as stated under the Mobile Application section, a
person who is not a party to these Terms
and Conditions shall have no right under the Contracts (Rights of Third
Parties) Act 1999 to enforce any term of these Terms and
Conditions.
12.11
In order to resolve
a complaint
regarding the Services or to receive further
information regarding use of the Services,
please contact us by email at support@savu.io