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This Terms of Service (hereinafter referred to as “TOS”) is an electronic record generated by a computer system and does not require any physical or digital signatures.
The domain name fieldelite.com, Website (hereinafter referred to as “Website”) and the on-demand online Software as a Service (hereinafter referred to as “Services”) is owned, operated and made available by Heidi Computers Limited hereinafter referred to as “HC”).
In this TOS, references to “User” or “Subscriber” “You” shall mean the end user accessing the Website, its contents and Subscribes to use the Services offered through the Website by providing registration data using the computer or other compatible device/systems. HC also allows the User to surf the Website without registering on the Website. “HC” shall mean HC, its associates, franchisor, affiliates, and partners. “Service Providers” shall mean independent third party service providers.
Access and Use of Website/Services shall be subject to the rules, guidelines, policies, terms, and conditions, privacy policy, disclaimers, and they shall be deemed to be incorporated herein into this TOS and shall be considered as part and parcel of this TOS. HC reserves the right, at its sole discretion, to change, modify, add or remove any portions of these TOS and other policies, at any time without any prior written notice to User/Subscriber. It is User/Subscriber’s responsibility to review these TOS and other policies periodically for updates and or changes. User/Subscriber’s continued use of the Website following the posting of changes will mean that they accept and agree to such revisions. As long as User/Subscriber complies with these TOS and other policies, HC grants User/Subscriber a personal, non-exclusive, non-transferable, limited privilege to access and use the Website/Services.
ACCESSING BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TOS AND ANY OTHER RELATED POLICIES. SO PLEASE READ THE TOS AND ITS RELATED POLICIES CAREFULLY BEFORE PROCEEDING. YOU ARE REQUIRED TO USE YOUR BEST AND PRUDENT JUDGEMENT BEFORE YOU ACCESS THIS WEBSITE AND USE OF SERVICES AND TRANSACTING THROUGH IT. YOU WILL BE DOING SO AT YOUR SOLE RISK. IF YOU DO NOT WANT TO BE BOUND BY THIS TOS AND OTHER POLICIES OF HC, THEN YOU ARE BEING ADVISED AND REQUIRED TO LEAVE THE WEBSITE IMMEDIATELY AND NOT TO SUBSCRIBE OR USE ANY OF OUR WEBSITE/SERVICES. YOUR USE OF THIS WEBSITE SHALL MEAN YOU ARE CONSENTING TO HC’S TOS AND OTHER POLICIES, RULES AND REGULATIONS UNCONDITIONALLY.
1.1
HC provides an on-demand online Software as a Service through its Website that facilitates the online access to and use of the Services through appropriate subscription plans.
1.2
The contents of the Website, including but not limited to, text, audio, video, photographs, banners, illustrations, graphics and other visuals, is for informational purposes only and does not constitute an advice of any kind. User/Subscribers are advised, not to rely solely on the information provided on the Website and are advised to take prudent decision before making subscriptions to the Services.
1.3
Access to the Website and use of the Services are limited to the User/Subscriber’s internal business purposes only and should not be accessed or used for any unauthorised purposes.
1.4
User/Subscriber shall submit, store any form of electronic data including but not limited to text, messages, communication, personally identifiable information or personal data, etc (hereinafter referred to as “Service Data”). Pursuant to Data Protection Directive (95/46/EC), and to the extent the Service Data constitutes personally identifiable information or personal data, HC declares itself and User/Subscriber hereby agrees that HC is only a “data processor” and additionally, User/Subscriber hereby declares and agrees that User/Subscriber are the “absolute owners” and “data controllers” of the Service Data and any other information provided to HC. With regards to Service Data that includes personal information or personal data, it is agreed to by both the parties that under any circumstances, HC shall not be deemed as a data controller under the directive or under any other law or regulation for the time being in force.
1.5
User/Subscriber agrees that HC shall have the right to collect, use, analyse User/Subscriber’s Service Data for any purposes, including but not limited to diagnostic/course corrective measures and also for the overall development and enhancement of the Website/Services.
1.6
HC’s usages of the User/Subscriber’s Service Data shall not be dependent on User/Subscriber’s license or prior written authorisation. HC’s right with regard to User/Subscriber’s Service Data shall survive even after the expiry of the User/Subscriber’s subscription term/termination of account of the Website/Services.
1.7
User/Subscriber shall not commercially exploit or enable the Services to be used by any third party in any way, including but not limited through license, sub-license, sale, resale, rent, lease, transfer, assignment, distribution, etc.
1.8
By using the Services, User/Subscribers are prohibited from:
2.1
Use of the Website is strictly available only to persons who can form legally binding contracts under applicable law prescribed in that regard nationally and/or internationally.
2.2
Persons who are above the age of 18 years in Ireland and/or above the age of majority prescribed in that regard by countries other than Ireland, are competent to enter into a contract, who can form legally binding contracts under applicable laws are eligible to use this Website and use the Services thereon.
2.3
Persons who are below the age of 18 years in Ireland and/or age the minority prescribed in that regard by countries other than Ireland (“minor”) are incompetent to enter into a contract, including but not limited to un-discharged insolvents, who cannot form legally binding contracts under applicable laws are not eligible to use this Website and use the Services thereon.
2.4
User/Subscriber shall provide true, accurate, complete and relevant information, in all instances where such information is required. HC reserves the right to confirm and validate the information and other details provided by such User/Subscriber at any point of time. If upon confirmation if a User/Subscriber’s details are found to be incorrect (wholly or partly), then HC, has the right in its sole discretion to reject, cancel or terminate the subscription and debar such User/Subscriber from accessing and/or using the Services without prior written intimation whatsoever. Without prejudice to any other rights available, HC has the right to sue against such User/Subscriber for providing false information, in addition, to any other legal remedies.
3.1
During registration process, the User is required to provide HC the following information to register an account, which may include personally identifiable information and HC’s Privacy Policy are herein incorporated by reference and deemed to be part and parcel of TOS, governing such usage on personally identifiable information:
3.2
You shall be responsible for maintaining the confidentiality of your Account and Password and for restricting its access to any third party.
3.3
You shall be responsible for all activities that occur under your Account and Password.
3.4
You agree to immediately notify HC of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session.
4.1
User/Subscriber may choose or select any of the Subscription plans related to the Services that are best suited to them.
4.2
Subscription Charges associated with the Subscription plans are available for a term on a monthly, quarterly, half-yearly, or on yearly basis.
4.3
Commencement of a User/Subscriber’s Subscription plan for a monthly, quarterly, half-yearly, or yearly term begins on the full payment of the Subscription Charges.
4.4
HC shall have the exclusive right to change the Subscription Charges at the end of the Subscription term or upon during renewal of the Subscription plans. If there are any such changes on the Subscription Charges, then the same may be duly intimated to the User/Subscriber.
4.5
Subscription Charges become due in full upon renewal of a User/Subscriber’s Subscription term. If a User/Subscriber fails to pay their relevant Subscription Charges, or the payment is due or becomes delinquent, such User/Subscriber shall immediately make the payment within three (3) business days of HC’s notice. Failure of which will enable HC to charge a monthly interest at the rate of 1.5% on any outstanding balance, or the maximum permitted by law (whichever is less), plus all expenses of collection, and/or may result in immediate suspension or termination of the User/Subscriber’s account to access and/or use of the Website/Services.
4.6
No refunds of Subscription Charges shall be given if a User/Subscriber elects to stop using the Website/Services during the Subscription term.
4.7
The Subscription Charges are exclusive of any taxes, levies, duties, including but not limited to value-added tax, sales or use tax, withholding tax imposed and/or assessed by any local, state, provincial governmental authority or by any foreign government. Unless and until HC is legally obligated and bound to include taxes on the invoice for Subscription Charges, it is the bounden duty and responsibility of a User/Subscriber for paying such taxes except those taxes that are assessable and payable by HC on its income.
5.1
User/Subscriber may cancel or terminate the Subscription of the Services at any time. In doing so, the User/Subscriber shall not be entitled to any refunds of any kind either in full or on pro-rata basis, even if the cancellation happened before the expiry of the User/Subscriber’s then effective Subscription term.
5.2
Pursuant to the cancellation or termination of the Subscription of the Services, HC may retain the User/Subscriber’s Service Data for a period of thirty (30) days, and thereafter, HC reserves the right, but not obligatedto delete all Service Data, which was used for providing the Services.
5.3
HC reserves the right to modify or discontinue any or all part of the Services either temporarily or permanently.
5.4
If HC believes that a User/Subscriber has breached any of the obligations of this TOS, then the HC shall immediately suspend, cancel, terminate, remove and/or discard any and all current and future use of the Services. In addition, HC shall not be liable to such User/Subscriber or any third party for suspension, cancellation, termination or discontinuation of the Services.
6.1
User/Subscriber declares that use of the Website/Services is intended for lawful purposes only and complies with all applicable laws and regulations.
6.2
User/Subscriber shall indemnify and hold harmless HC, its subsidiaries, affiliates, third-parties and their respective officers, directors, agents, employees against any and all claims brought by a third party for actions arising from or related to the unauthorised use of the Website/Services, including but not limited to the misuse or operation of the Website/Services in combination or modification with other hardware or software belonging to a third party alleging infringement and/or misappropriation of its intellectual property rights.
HC endeavors to provide/make available the Website/Services in an uninterrupted manner to the User/Subscribers. However, the Website/Services may be subject to down time and/or may not be available temporarily due to scheduled maintenance activity initiated by HC and/or its Service Providers and such scheduled maintenance activity may be intimated to the User/Subscribers through email by HC. In addition, the Website/Services may be unavailable due to unscheduled emergencies and/or for other causes beyond HC’s and/or its Service Providers reasonable control and for such unscheduled emergencies prior intimation shall not be given by HC.
8.1
HC DOES NOT PROVIDE WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USAGE AND NON-INFRINGEMENT BECAUSE THE WEBSITE/SERVICES IS PROVIDED AND IS MADE AVAILABLE ON AN “AS IS” BASIS.
8.2
HC DOES NOT WARRANT AND DISCLAIMS THAT THE WEBSITE/SERVICES WILL BE AVAILABLE/PROVIDED IN A TIMELY, SECURED MANNER, UNINTERRUPTED, FREE FROM ANY ERRORS, INCLUDING BUT NOT LIMITED TO VIRUSES OR OTHER MALICIOUS SOFTWARE.
8.3
RECEIPT OF INFORMATION THROUGH THE WEBSITE OR THE RECEIPT OF SERVICES BY USER/SUBSCRIBER DOES NOT CREATE OR CONSTITUTE WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED.
9.1
HC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, LICENSORS OR ANY OTHER PERSON ASSOCIATED WITH THE DEVELOPMENT, OPERATION OF THE WEBSITE/SERVICES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) TO A USER/SUBSCRIBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL LOSS INCLUDING BUT NOT LIMITED TO DATA LOSS, BUSINESS INTERRUPTIONS, LOSS OF PROFITS, SALES, BUSINESSES, IRRESPECTIVE OF THE FACT WHETHER THE USER/SUBSCRIBER HAS BEEN ADVISED OF THE POSSIBILITY OF THE FORESEEN/UNFORESEEN LOSS/DAMAGES.
9.2
USER/SUBSCRIBER AGREES THAT IN CASE OF DIRECT LIABILITY ARISING OUT OF ANY SUBSCRIPTION TO, OR USE OR EMPLOYMENT OF THE SERVICES, WITHOUT ANY FAULT ON THE PART OF THE SUBSCRIBER, HC’S AGGREGATE LIABILITY SHALL BE LIMITED TO SUBSCRIPTION CHARGES PAID DURING THE TWELVE MONTHS PRIOR TO THE INCIDENT GIVING RISE TO SUCH DIRECT LIABILITY. UNDER NO CIRCUMSTANCES, THE TOTAL LIABILITY SHALL EXCEED TWELVE MONTH SUBSCRIPTION CHARGES.
10.1
Any and all Intellectual Property Rights, including but not limited to copyrights, inventions, patents, trademarks, trade secrets, domain names, know-how, which subsists now or in the past or which subsists in the future regarding the Website and/or Services shall exclusively belong to the HC and those rights shall not be reproduced or disclosed or used in their original or translated form by the User/Subscriber that might jeopardise the legitimate interests of the HC in any manner, either directly or indirectly.
10.2
Users/Subscribers are only granted limited rights to access the Website and/or use the Services as expressly stated herein. And they are not entitled to claim as a right or any additional rights in the Website/Services and/or any other Intellectual Property Rights associated therewith.
11.1
If HC is prevented from carrying out its obligations under this TOS as a result of any cause beyond its reasonable control, including but not limited to unavailability of any communication system, virus attack in HC’s technological systems, breach, sabotage, Acts of God, War, Strikes, Lock-outs, Floods and Failure of Service Providers, wars, acts of government, then in such an event, HC shall be relieved of its obligations and liabilities under this TOS as such fulfillment of the obligation is prevented.
12.1
HC’s failure to insist upon strict performance of any provision of this TOS shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the User/Subscriber in performance or compliance with any of these terms and conditions.
This TOS along with the Privacy Policy, shall be governed by the laws of Republic of Ireland. In case of any disputes, the users and/or subscribers of the Website and/or Services hereby agrees to submit to the exclusive jurisdiction of courts in the Republic of Ireland.
This TOS along with the Privacy Policy, and other rules and regulations as determined by HC from time to time shall constitute the entire agreement between HC and User and/or Subscriber and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
If a court of competent jurisdiction holds any provision of this TOS to be invalid, such invalid provision shall be severed and have no effect on the remaining provisions of this TOS and they shall continue in full force and effect.
Any notice and other communications to HC shall be by email addressed to writeme@fieldelite.com and that email receipt is to be acknowledged by HC and in the event that the delivery fails, notice can be sent to the address mentioned below.
www.fieldelite.com
Fieldelite – Heidi Computers Ltd.
IE8273384R
3015 Lake Drive,Citywest Business Campus,Dublin,D24 DKP4,Ireland
