TERMS & CONDITIONS OF USE
This document was last updated on 29/03/2019.
WHO WE ARE AND HOW TO CONTACT US
https://veraxen.com is a site (hereinafter “the Website” or “the Service”) operated by Veraxen Ltd., a private company limited by shares incorporated under the laws of the Republic of Cyprus, duly registered in the relevant Companies Register kept at the Department of Registrar of Companies and Official Receiver of the Republic of Cyprus with registration number HE 361858 (hereinafter “the Company” or “we” or “us”, unless otherwise provided). Our V.A.T. number is CY 10361858Q.
By accessing and using the Website you (hereinafter “you” or “the user”) shall be deemed to have agreed to adhere to and be bound by the present Terms and Conditions of Use. If you do not agree to these terms, you must refrain from using our Website.
You are strongly advised to carefully read these Terms and Conditions of Use before using the Website or any feature thereof. We recommend that you print a copy of these terms for future reference.
We would welcome your comments and feedback. If you would like to leave a comment, make a complaint or have an inquiry of a general nature, you may contact Us.
USE OF THE WEBSITE
Your permission to use the Website is personal to you and non-transferable, and you may not use the Website for commercial purposes. You agree and acknowledge that you will only use the Website to obtain the information about the Company and its goods, products or services; and make legitimate enquiries; and you furthermore warrant and confirm that any contact information provided by you in the course of using the Website is accurate (for more information about how your personal data is collected and processed you are encouraged to refer to our Privacy Statement). Failing or refusing to provide any of the requested information in the course of using the Website may impair the Company’s ability to offer the full range of services otherwise available through the Website.
Your use of the Website is conditional on your compliance with the rules of conduct set forth in these Terms and Conditions of Use and you agree that you will not:
use the Website for any fraudulent or unlawful purpose;
use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make;
interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks;
transmit or otherwise make available in connection with the Website any virus, worm, Trojan horse or other computer code or malware that is harmful or invasive or may, or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;
modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website. If you wish to reverse engineer any part of the Website to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
remove any copyright, trade mark or other proprietary rights notice from the Website or materials originating from the Website;
frame or mirror any part of the Website without our express prior written consent;
create a database by systematically downloading and storing Website content;
use any manual or automatic device in any way to gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service.
We reserve the right to revoke these exceptions either generally or in specific instances.
WE MAY MAKE CHANGES TO OUR SITE
Any variation of these Terms and Conditions of Use shall be inapplicable unless agreed in writing by us. We may make changes to these Terms and Conditions of Use from time to time to reflect changes to our products, our user’s needs and our business priorities. We will try to give you reasonable notice of any major changes by any reasonable means, including by posting the revised version of these Terms and Conditions of Use on the Website. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. You can determine when we last changed these Terms and Conditions of Use by referring to the 'LAST UPDATED' statement hereinabove. Your use of the Website following changes to these Terms and Conditions of Use will constitute your acceptance of those changes.
WE MAY SUSPEND OR WITHDRAW OUR SITE
Our Website is made available free of charge.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and Conditions of Use and other applicable terms and conditions, and that they comply with them.
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these Terms & Conditions of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
DO NOT RELY ON INFORMATION ON THIS SITE
The content on our Website 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, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our Website contains links to other sites and online resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
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 Website; or
use of or reliance on any content displayed on our Website.
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 Website for domestic and private use. You agree not to use our Website 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. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in these Terms and Conditions of Use. If you wish to link to or make any use of content on our Website other than that set out above, please contact Us.
Any patent, trademark, copyright, registered design or other intellectual property right in all material or content supplied to you as part of the Website pursuant to these Terms and Conditions of Use or under any contract entered into between you and the Company shall remain the property of the Company or the Company’s licensors. The intellectual property rights in the Website and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content or material without our, or our licensor’s express prior permission. This does not prevent you from using this Website to the extent necessary to make a copy of any order or contract details.
NOTICES AND WRITTEN COMMUNICATIONS
For the purposes of any contract or agreement entered into between you and the Company, communication will mainly be electronic. You hereby acknowledge and agree that any communication of information to you required by applicable laws to be in writing in the context of any such contract or agreement, shall be communicated to you via e-mail and you consent that such communication shall comply with any such legal requirement.
Unless otherwise expressly stated in these Terms and Conditions of Use, all notices from you to us must be communicated via our web form. Unless otherwise agreed, notices from us to you may be displayed on our Website from time to time, or, alternatively, we may seek to contact you at either the email or postal address that you provided.
The present Clause does not affect your statutory rights when dealing as a consumer.
These Terms and Conditions of Use shall be binding on you and the Company and its respective heirs, legatees, executors, legal representatives, successors and assigns. Your rights and obligations arising under these Terms and Conditions of Use may not be transferred, assigned or otherwise disposed of unless with the prior express written consent of the Company. The Company may at any time transfer, assign or otherwise dispose of its rights and obligations emanating under these Terms and Conditions of Use as between you and the Company, to the extent that any such transfer, assignment or disposal of rights and obligation does not purport to limit any warranty, guarantee or right provided to you by virtue of these Terms and Conditions of Use or has the effect of limiting or extinguishing your statutory rights as a consumer.
No failure or delay by the Company in exercising any right, power or privilege under these Terms and Conditions of Use or under any contract regulating the use of our products shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in these Terms and Conditions of Use are cumulative and not exclusive of any rights and remedies provided by law.
No waiver by the Company of any of these Terms and Conditions of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the paragraph on notices hereinabove.
If any provision of these Terms and Conditions of Use or any clause of any contract regulating the use of our products is prohibited by law or judged by a court or any other competent authority to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions of Use.
These Terms and Conditions of Use and any document expressly referred to in them together with our current contact details, Privacy Statement, contain, represent and set out the whole of our agreement concerning the use of our Website and any contract entered into between you and us as a result of using our Website, and supersedes and replaces any prior written or oral agreements, representations or understandings between you and us relating to such contracts. Both you and the Company confirm and acknowledge that any such contract was not entered into on the basis of any representation, undertaking or promise that is not expressly incorporated into these Terms and Conditions of Use. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
USE OF MOBILE APPS DEVELOPED BY US
Our Company engages, among other things, in the development of Apps (“the Apps”) that can be installed and/or downloaded on mobile phones, tablets and other portable or handheld devices (“Devices”). When you download, install or use our App on any such device, as well as when you purchase any content available therein (“in-App content”), you agree to be bound by and adhere to the applicable End – User License Agreement (“EULA”) specifically governing and regulating the use of the App, as well as our Privacy Statement. These documents shall constitute the entire agreement between our Company and you in respect of use of the App.
Apps developed by us may be available for downloading and installation on a number of online platforms, or online application stores (“App Stores”) including, without limitation, AppStore and Google Play in respect of which independent sets of terms and conditions of use apply regarding use of their respective services.
When you download, install or use our Apps via such App Stores, the ways in which you use the aforesaid Apps and Documentation shall also be governed and regulated by the respective App Store’s Terms and Conditions of Use which shall apply in addition to our EULA and Privacy Statement. In the event that there is any discrepancy between the respective App Store’s Terms and Conditions of Use and our EULA and Privacy Statement, the respective App Store’s Terms and Conditions of Use shall apply.
LAW AND JURISDICTION
The validity, construction and performance of this agreement shall be governed by the laws of the Republic of Cyprus and applicable EU laws and regulations. Any dispute arising, or relating to this agreement shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Cyprus. If you are contracting as a consumer, nothing in these Terms and Conditions of Use shall affect your statutory rights as such.