TERMS AND CONDITIONS FOR
ACCESS AND USE OF THE WEB SITE WWW.COMMERCEGATE.COM
("Web Site")
IMPORTANT:
Access to and/or use of the Web
Site is subject to the following terms and conditions ("Conditions"). Please read
these Conditions carefully as your access to the Web Site and/or use of the
materials, services and content included in it, signifies that you have read,
understand and accept, without reservation, these Conditions.
In some cases, access to and/or use
of specific content or services accessible through the Web Site may be subject
to specific conditions that complement or modify the present Conditions. These
specific conditions are accessible from the web page containing the content or
services to which they relate or are provided when such content or service is
accessed. The specific conditions will always prevail over these Conditions.
The Web
Site is the property of Commerce
Gate Ireland Limited ("CG"), registered in
Ireland with company number 423009,
and with corporate address at Unit 5, 2nd Floor, The Courtyard, Carmanhall Road, Sandyford, Dublin 18, Ireland. If you have any comment on these Conditions,
please send an e-mail to contact@commercegate.com
GENERAL
1. Through the Web Site and
the web pages located in it, you may access services, products, content and
materials prepared by CG, on its behalf or by third parties. Access to and/or
use of the Web Site is provided by CG without charge and anonymously. If in
some cases it is necessary to process any personal data, this will be carried
out in accordance with the CG's Privacy Policy. Click the link to review CG's Privacy
Policy.
2. You undertake to access and/or use
the Web Site, its services, products, content and
materials in accordance with these Conditions, the CG's Privacy Policy,
applicable laws and accepted principles and practices, indemnifying CG and any
third parties for any loss or damage that may be caused by you as a result of
breaching this obligation.
3. You should consult the specific
conditions applicable to each services, products, content and materials for the applicable requirements
for access to them.
4. The services,
products, content and materials are offered only in the languages
indicated in the Web Site.
INTELLECTUAL
AND INDUSTRIAL PROPERTY
1. Copyright © Commerce
Gate All rights reserved. All services, products,
content and materials in the Web Site including, in particular but without
limitation, text, images, graphics, animations, banners, sounds, files,
software, databases, videos, trademarks, domain names, logos, combinations of
colours, or any other element of the Web Site, its structure, source code or
design is, save where expressly indicated, the exclusive property of CG or its
licensors. CG reserves all rights in the Web Site, its services, products,
content and materials, authorizing only access and/or use as expressly
permitted by these Conditions. If you consider that the use of any services, products,
content and materials protected by copyright and other intellectual or industrial
property laws may infringe your rights or the rights of any other person or
entity, CG would appreciate it if you could inform as soon as possible by
sending an e-mail to legal@commercegate.com. CG would be pleased if you could
state in the email your name, email address, and the rights that might be
infringed giving evidence of the ownership of said rights. Once received the
email, CG will investigate the matter and answer you as soon as possible. Thank
you.
2. You may not modify,
manipulate, transform, copy or reproduce in any non transitory form, publish,
disclose, extract, imitate, create derived concepts, decompile, decode, reverse
engineer, transfer, transmit, rent out, distribute, license, sublicense, sell
or otherwise deal with the services, products, content and materials of the Web
Site or any rights in the same, except with express written authorization of
CG. In any case, it is forbidden to circumvent, delete or manipulate the
copyright, digital fingerprints, watermarks or other technical protection
devices or data identifying the CG's or its licensors' rights in the Web Site,
its services, products, content and materials.
3. Should you be interested
in any transaction or commercial activity in connection with the services,
products, content and materials of the Web Site, please address your request to
sales@commercegate.com.
4. The use over any page of
the Web Site of frames not already included within the Website is strictly
forbidden, except with prior written authorization of CG.
LIABILITY
1.
THE WEB SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. CG MAKES NO WARRANTY
AND/OR REPRESENTATION THAT THE WEB SITE WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICES, PRODUCTS, CONTENT AND MATERIALS WILL BE
TRUTHFUL, CORRECT, COMPLETE AND/OR UP TO DATE, OR THAT ACCESS TO AND/OR USE OF
THE WEB SITE, ITS SERVICES, PRODUCTS, CONTENT AND MATERIALS WILL BE
UNINTERRUPTED, WITHOUT DELAY OR ERROR, OR VIRUS FREE.
2.
THE WEB SITE, FOR CONVENIENCE OF VISITORS, MAY CONTAIN LINKS, WHETHER IN
TEXTUAL OR GRAPHICAL FORMAT, TO THIRD PARTY SERVICES, PRODUCTS, CONTENT AND
MATERIALS, PAGES OR WEB SITES WHICH ARE NOT CONTROLLED BY CG, AND CG THEREFORE
ACCEPTS NO RESPONSIBILITY FOR THE SERVICES, PRODUCTS, CONTENT AND MATERIALS OR
THE CONDITION OF SUCH WEB PAGES OR THEIR SERVICES, PRODUCTS, CONTENT AND
MATERIALS. THE INSERTION OF SUCH LINKS DOES NOT SIGNIFY THAT THE CG IS AWARE
OF, SHARES OR PROMOTES THE SERVICES, PRODUCTS, CONTENT AND MATERIALS OR
OPINIONS OF THE OWNERS OF THOSE WEB SITES OR WEB PAGES. CG DOES NOT ASSUME ANY
OBLIGATION TO VERIFY OR SUPERVISE THE SERVICES, PRODUCTS, CONTENT AND MATERIALS
OR INFORMATION CONTAINED IN WEB PAGES AND WEB SITES ACCESSIBLE THROUGH THE
LINKS ON THE WEB SITE.
3.
YOU ARE AWARE AND VOLUNTARILY ACCEPT THAT ACCESS TO AND/OR USE OF THE
WEB SITE, ITS SERVICES, PRODUCTS, CONTENT AND MATERIALS TAKES PLACE EXCLUSIVELY
AT YOUR OWN RISK. CG WILL NOT BE LIABLE FOR ANY USE THAT YOU MAY MAKE OF THE
WEB SITE, ITS SERVICES, PRODUCTS, CONTENT AND MATERIALS.
4.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY EXCLUDE ALL LIABILITY
IN RESPECT OF:
a)
LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER
LOSSES, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL;
b) ANY CLAIM MADE AGAINST
YOU BY ANY THIRD PARTY;
c) ANY CLAIM, LOSS OR
DAMAGE THAT MAY BE CAUSED BY ACCESS TO AND/OR USE OF THE WEB SITE, ITS CONTENT
OR SERVICES OR BY THEIR FAILURE TO FUNCTION; AND/OR
d)
CLAIMS OR LIABILITIES ARISING OUT OF ANY OF THE FOLLOWING MATTERS:
-
THE SERVICES, PRODUCTS, CONTENT AND MATERIALS (INCLUDING WITHOUT
LIMITATION ITS NATURE OR ANY INTELLECTUAL PROPERTY RIGHTS THEREIN) OF ANY WEB
SITE OR OTHER DATA, IMAGES, SOUNDS OR SERVICES THAT YOU MAY ACCESS THROUGH THE
WEB SITE;
-
LIABILITY TO ANY EMPLOYER, PRINCIPAL, CLIENT, OR LESSOR OR PROVIDER OF
COMPUTER EQUIPMENT OR FACILITIES, ARISING OUT OF ACCESS TO AND/OR USE OF THE
WEB SITE, ITS SERVICES, PRODUCTS, CONTENT AND MATERIALS;
-
ANY CHARGES WHICH YOU MAY INCUR TO ANY NETWORK OR ANY SERVICES,
PRODUCTS, CONTENT AND MATERIALS PROVIDER.
5. CG reserves the right to
suspend, restrict or terminate access to, modify or update the Web Site, its
services, products, content and materials unilaterally, at any time and without
prior notice. CG will not be liable for any loss or damage resulting from the
adoption of such measures.
6. CG reserves the right to
amend these Conditions from time to time for legal reasons or due to changes in
the provision of the CG 's services, products, content
and materials or in the access to the same or the Web Site. The up to date
version of the Conditions will always be available on the Web Site. If you do
not agree with the Conditions, you may not access or use the Web Site, its
services, products, content and materials
ASSIGNMENT OF THESE CONDITIONS
CG may at any time assign either in whole or in
part, these Conditions or any of its rights, duties or obligations in these
Conditions to any entity in CG’s Group without
obtaining your prior consent. If you do not agree to such variation, your sole
remedy shall be to terminate the access to the Web Site, services, products,
content and materials or uninstall the software if any.
CHOICE OF LAW AND COMPETENT COURTS
1. In respect of any dispute arising
out of these Conditions, CG hereby
submits to the jurisdiction of the courts of the domicile of CG.
2. These Conditions shall be governed
by and construed in accordance with the law of the domicile of CG without prejudice to the mandatory
rules of the courts hearing the matter.
3.
Should
any part of these Conditions be or be found to be invalid, illegal or
unenforceable, this shall in no way affect the validity of the remaining parts.