Terms & Conditions
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT
PROCEED.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE New Avenue BIS Ltd
software solutions.
THE USE OF ANY New Avenue BIS LTD SERVICES WILL SIGNIFY YOUR AGREEMENT TO BE
BOUND BY THE TERMS.
Purpose of Agreement
The New Avenue BIS LTD Services are made available to you by New
Avenue BIS Ltd., an Irish company
situated in Wexford, subject to the following Terms. NABIS Ltd and Services may also offer
other services under different terms of service. New Avenue BIS LTD Services are made
available by NABIS Ltd and Services only to persons who are above 18 years
of age, or of such legal age as may be permissible in Ireland a legally binding contract.
New Avenue BIS LTD develops Internet based reporting software for companies.
Modification of Terms of Service
NABIS Ltd and Services may modify these Terms upon notice to you at any
time. These modifications may include, without limitation, payment for the
Services. You will be provided notice of any such modification by electronic
mail or by publishing the changes on the website http://www.nabis.ie. You
will be provided the option to terminate your use of the Services if NABIS Ltd and Services
modifies the Terms in a manner that substantially affects
your rights in connection with use of the Services. Your continued use of the
Service after notice of any change to the Terms will be deemed to be your
agreement to the amended Terms.
Personal Information and Privacy
Personal and company critical information you provide to
NABIS Ltd and Services through the Service is governed by New Avenue BIS LTD Privacy
Policy and applicable laws related to personal information. Your election to use
the Service indicates your acceptance of the terms of the New Avenue BIS LTD Privacy
Policy. You are responsible for maintaining the confidentiality of your
username, password and other sensitive information. You are responsible for all
activities that occur in your Account and you agree to notify NABIS Ltd
and Services immediately of any unauthorized use of your Account. NABIS Ltd and Services is
in no way responsible for any loss to you or
to any third party incurred as a result of any unauthorized access and/or use of
your Account, or otherwise.
Member Registration Obligations
In consideration
of your use of the Services, you agree to: a) provide true, accurate, current
and complete information about yourself as prompted by the Registration Process
and b) Maintain and promptly update your Registration Data to keep it true,
accurate, current, and complete. If you provide any information that is untrue,
inaccurate, outdated, or incomplete, or if NABIS Ltd and Services has
reasonable grounds to suspect that such information is untrue, inaccurate,
outdated, or incomplete, NABIS Ltd and Services has the right to terminate
your Account and refuse current or future use of any or all of the Services.
Communications
Our
Service may include certain communications from NABIS Ltd,
such as upgrade announcements and accout updates. You
understand that these communications shall be considered part of using the
services.
Spamming and Illegal Activities
You agree to be solely
responsible for the contents of your transmissions through the Services. You
agree not to use the Services for illegal purposes or for the transmission of
material that is unlawful, harassing, libelous, invasive of another's privacy,
harmful, abusive, threatening, pornographic, vulgar, obscene, or otherwise
objectionable, contains viruses, or that infringes or may infringe the
intellectual property or other rights of another. You agree not to use the
Services for the transmission of "junk mail", "spam", "chain
letters", or
unsolicited mass distribution of email. NABIS Ltd reserves
the right to terminate your access to the New Avenue BIS LTD.com if NABIS Ltd and
Services believes that you have used the Services for any illegal or
unauthorized activity.
Restriction of Use
In addition to
all other terms and conditions of this Agreement, you shall not: (i) transfer or
otherwise make available to any third party the Services; (ii) provide any
service based on the Services without prior written permission; (iii) use the
third party links to sites without agreeing to their website terms & conditions;
(iv) post links to third party sites or use their logo, company name, etc.
without their prior written permission; or (v) use the Services for spamming and
other illegal purposes.
Intellectual Property Rights
Unless otherwise indicated
or anything contained to the contrary or any proprietary material owned by a
third party and so expressly mentioned, NABIS Ltd owns all
Intellectual Property Rights to and into the New Avenue BIS LTD services, including,
without limitation, any and all rights, title and interest in and to copyright,
related rights, patents, utility models, trademarks, trade names, know-how, service marks,
designs, trade secrets and inventions,
goodwill, source code, databases, meta tags, content, graphics, icons, and
hyperlinks. You acknowledge and agree that you shall not use, reproduce or
distribute any content from New Avenue BIS LTD.com belonging to NABIS Ltd and Services
without obtaining authorization from NABIS Ltd and Services. We respect
your right to ownership of content created or stored by you. Unless specifically
permitted by you, your use of the Services does not grant NABIS Ltd and
Services any license to use, reproduce, adapt, modify, publish or distribute the
content created by you or stored in your Account for NABIS Ltd commercial,
marketing or any similar purpose. Trademark New Avenue BIS LTD, New Avenue BIS LTD logo,
the
names of different NABIS Ltd and their logos are trademarks
of NABIS Ltd and . You agree not to display or use, in any manner,
the NABIS Ltd and Services trademarks, without NABIS Ltd and
Services's prior permission.
Limitation of Liability
YOU AGREE THAT NABIS Ltd SHALL, IN NO EVENT, BE LIABLE FOR ANY
CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF
BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR
INABILITY TO USE THE SERVICE, EVEN IF NABIS LTD HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR
ANY DISPUTE WITH NABIS LTD AND SERVICES RELATED TO ANY OF THE SERVICES
SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL NABIS LTD AND
SERVICES ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR
INDIRECT, EXCEED THE FEES PAID YOU TOWARDS SUCH SERVICE.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. NABIS Ltd EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. NABIS Ltd AND SERVICES MAKES NO WARRANTY
THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF
ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT
YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS
FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR
INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM NABIS LTD, ITS EMPLOYEES OR
REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS.
Indemnification
To the
extent permissible under law, You agree to indemnify, defend and hold harmless
NABIS Ltd from and against any and all losses, liabilities,
claims, damages, costs and expenses (including legal fees and disbursements in
connection therewith and interest chargeable thereon) asserted against or
incurred by NABIS Ltd that arise out of, result from, or may
be payable by virtue of, any breach or non-performance of any representation,
warranty, covenant or agreement made or obligation to be performed by you
pursuant to these Terms.
Termination You agree that NABIS Ltd may terminate your
contract and access to the Services for reasons including, but not be
limited to, breaches or violations of the Terms or the New Avenue BIS LTD Privacy Policy,
a request by you to terminate your contract discontinuance or material
modification to the Services, unexpected technical issues or problems, extended
periods of inactivity and requests by law enforcement or other government
agencies. Termination of your New Avenue BIS LTD contract includes elimination of access
to the Service, deletion of your Account information such as your e-mail ID and
Password and deletion of data in your Member Account as permitted or required by
law. In the event of termination by the NABIS Ltd without
cause, your sole remedy shall be an entitlement to receive refund of any advance
paid or outstanding at that point in time. Governing Law Parties agree that
these terms shall be governed by and constructed in accordance with the laws of
Republic or Ireland without reference to conflict of laws principles, and disputes arising
in
relation hereto shall be subject to the exclusive jurisdiction of the courts at
Wexford.
Last updated in:
15 April 2010