Terms of Use
Parkway Logic Ltd. (referred to as "We", "Us", or “Our”) provides to You
- The Website at www.exabler.com and
- Exabler tools at app.exabler.com or certain other subdomains of exabler.com linked to certain third-party trade service providers and
- Certain levels of support depending described below
(together, the "Service"), subject to these terms and conditions and notices (the "Terms").
By using the Service, "You" are a Visitor, User or Customer as the case may be, as defined in these Terms.
You and We are the parties (each a "Party") to these Terms. Please read the Terms carefully.
By completing the registration process, You are stating that:
- You have read and understood these Terms;
- You agree to be bound by the Terms and are not a minor;
- You have the authority to act on behalf of any person or organisation for whom You are using the Service;
- You bind the person or organisation on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
If You do not agree or cannot make these statements, You may not use the Service.
These Terms were last updated on 3 November 2021.
1. USE OF SERVICE AND ACCOUNT
We grant You the right to access and use the Service according to the particular rights and obligations according to Your subscription type. This right is non-exclusive, non-transferable, non-assignable and limited by and subject to these Terms. You may not resell, lease or provide the Services to anyone else.
1a. Customers, Users and Visitors
In these Terms,
- A "Customer" is the company or other commercial entity that employs Users who access the Services for its benefit, and
- A "User" is a natural person who is given login credentials to access the Services for carrying out activities on behalf of one or more Customers or to provide services to one or more Customers. This is typically an employee. This definition excludes third party service providers such as freight forwarders.
- A "Visitor" is a casual browser of the Website or a person with a "Free" Plan account.
- Obligations that apply to Visitors also apply to Users and Customers. There may be some Terms that apply to Users and Customers that do not apply to casual Visitors.
- Information entered by You or with Your authority into the Services is called "Customer Data", but excludes any data that is already publicly available, and for the avoidance of doubt excludes analytics data relating to the use of the Service, server log files, and information, data, and other content that is derived by or through the Service from aggregating or otherwise processing Customer Data, but is sufficiently different from such Customer Data that such Customer Data cannot be reverse engineered or otherwise identified (i.e. is fully anonymised) from the inspection, analysis, or further processing of such information, data, or content.
The Customer remains liable for the use of the Service by all Users who act for it. The Customer shall ensure that the level of access it requests for each User is and remains appropriate and acceptable to the Customer, and shall arrange for the revoking of the User's access to the Service as and when necessary.
If there is any dispute between the Customer and User regarding access to any organisation or Service, the Customer shall decide what access, if any, that User shall have to the relevant Service and Customer Data.
1b. Use of Service
- You warrant and represent that You are acquiring the right to access and use the Service for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service, the Website or these Terms.
- If You register for an account on the Service, You agree to
- ensure that information entered by You or with Your authority into the Service is accurate, current and complete, as may be prompted by any registration forms and subsequent interfaces on the Service or that You provide direct to Us;
- maintain the security of your password and account;
- maintain and promptly update the information you provide to Us and to keep it accurate, current and complete, and
- accept risks of unauthorised access to or use of the information you provide to Us.
- Furthermore, You are responsible for any and all activities that occur and any charges that are incurred under your account. While We will endeavour to notify You of any suspicious activity, You agree to notify Us of any unauthorised use of Your account or any other breach of security immediately upon becoming aware of it.
If You use the Service and Website on behalf of others or in order to provide services to others (whether a body corporate or otherwise) You must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all of the Terms that apply to You. You may not resell the Service unless We have given You explicit written permission to be a reseller.- 2. CHANGES
- The nature of the Service and these associated Terms may change, effective upon posting the modified terms on this Website. We will make reasonable efforts to communicate these changes to you via email or notification via the Services. It is likely that these Terms will change over time.
If you do not agree to any amended Terms, you must stop using the Service. It is your obligation to ensure that you have read, understand and agree to the most recent terms available on the Website.- 3. SERVICE LIMITATIONS, FREE EVALUATION, AND THIRD PARTIES
- The Service is designed to be used with a “Supported Web Browser", meaning the current release from time to time of Google Chrome, Microsoft Edge, Mozilla Firefox, or Apple Safari.
- The Service is available in different tiers (also known as Plans) advertised from time to time with corresponding limitations. All tiers of the Service are offered subject to fair use and the standard limitations below, as well as other limitations that may be advised to You by email from time to time. If such limitations have not been communicated to You by other means, the following will apply:
- 10 GB of storage of User files on Exabler servers
- 100 MB of storage of User files on any one import/export trade
- 500 outbound emails per User per calendar month
- 20 GB of data download / upload per User per calendar month
- 1 hour of telephone support per Customer per calendar month.
- Some sent or received messages, or uploaded or downloaded files, may not be processed due to space constraints or other limitations. You agree that We are not responsible or liable for the deletion or failure to store messages, files or other information.
The Service currently targets companies based in Great Britain. While we allow Visitors from other parts of the world to register, various parts of the Service are not intended to serve such Visitors and may not function correctly.
Free Access
- If You access the Service on a “Free” plan or access it in any way other than a Supported Web Browser (or both), You acknowledge that the Service is provided to You "as is" for evaluation and testing purposes only. Such "Free" tier accounts and associated data may be deleted if not accessed for 3 months, and such Service and/or any products and services offered by Us or by Third-Party Service Providers (defined below) or by other third parties in connection with the Service may contain bugs, may not operate properly or perform all intended functions, may interfere with the functioning of other applications, and may cause errors, data loss or other problems, and is not warranted by Us in any way. We shall not be liable for any damages, including but not limited to direct, indirect, incidental or consequential damages or for loss of data, profits, or revenue incurred by you or third parties. As part of the evaluation, We may actively seek feedback from You from time to time on the Service.
Support
- The Service includes Documentation including online tutorials, FAQs, videos, and online tours. Users are expected to familiarise themselves with the Documentation for smooth onboarding, initial setup and general user training, and to refer to the Documentation for ongoing self-help.
- We provide support to You (“Support”) to cover assistance in relation to (i) availability of the Service and (ii) significant operational errors that make the Service unusable when operated in conformity with the online user instructions in the Documentation (as the case may be).
We provide Support to You only indirectly through a Third-Party Service Provider unless otherwise agreed in writing. You are required to notify the Third-Party Service Provider of any support issues listed under this section.
We will use reasonable endeavours we consider to be suitable to the problem to attempt to correct or assist You indirectly through the Third-Party Service Provider to avoid errors or unavailability or at our option resort to other means toward a mutually satisfactory solution.
- For the avoidance of doubt, Support does not include support for problems relating to (i) Your internet connectivity or technology infrastructure, (ii) the substance of Third-Party Services, (iii) functional queries relating to the service provided by a Third-Party Service Provider (e.g. customs filing, freight forwarding, etc.) or simple technical queries (e.g. how-to, feature demo) which are covered in the Documentation unless otherwise agreed.
- The Support will be provided during the hours published between the hours of 9.30am and 4.30pm Monday to Friday excluding UK public holidays and Service shutdowns. Any such Service shutdowns will be notified in advance on the Website. The provision of any Support outside the Standard Support Hours is at Our sole discretion.
- We will use reasonable endeavours to provide the Support promptly having regard to the availability of personnel, necessary supplies and facilities. If You make unreasonable, excessive or inappropriate use of the Support, then We may suspend such Support.
No Reliance On Information
- We provide general information through various beta tools and forms on Exabler.com, which may include Gex, Export Map, FastCheck, tariff regimes and customs duties. These tools are developed to provide general information only to assist Visitors, Customers and Users in planning and selecting specialist advice for exporting and importing and other international trade. General information is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice - such as the advice provided by some Third Party Service Providers - before taking, or refraining from, any action on the basis of the content on Our sites.
Although We make reasonable efforts to update the information on Our sites, including currency exchange rates, We make no representations, warranties or guarantees, whether express or implied, that the content on Our sites is accurate, complete or up-to-date.
Third Parties
- The Website contains third-party content ("Third-Party Content") or links to third-party Web sites ("Third-Party Sites") and may mediate services provided by third-parties ("Third-Party Services") that You may use in connection with Your use of the Service. You use Third-Party Sites, Third-Party Content (together, the "Third Party Materials") or Third-Party Services at your own risk. When You leave the Service, Our terms and policies no longer govern.
- When You use Third-Party Services the terms and policies of those service providers (‘Third-Party Service Providers’) apply, including if You access or arrange these through Our hub (“Trade Services Hub”). You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Materials and Third-Party Services, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party.
- The inclusion of any link does not imply endorsement, adoption or sponsorship by Us of the Third Party Materials or Third-Party Services. We may charge You for Your engagement of some of these Third-Party Services, including for those via the Trade Services Hub. In such cases, the corresponding charge will be set out to You for Your acceptance. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Materials, Third-Party Services or web sites linking to the Service.
You agree that We shall not be responsible for unauthorised access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that We are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that We are not responsible for any content sent using and/or included in the Service by any third party.
Sponsored Access
We may offer You access to the Service at the request of a Third-Party Service Provider or other third party, where such third party enters into a commercial relationship with Us to sponsor your access. Such a third party is called a Sponsor in these Terms.
Your access to the Service may be configured at the request of a Sponsor to include variations to the standard features and limitations. In these cases, such a configuration of the Service is called a Branded Portal and the features and limitations may be packaged up as separate service tiers that are not published on the Website.
Your access to the Service via the Sponsor can be terminated at the request of the Sponsor in accordance with section 9 Termination.
- 4. YOUR CONDUCT
- You warrant to Us that You will not use the Service or Website or any communication tools they contain for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, national and international laws and regulations and are solely responsible for all acts or omissions that occur under Your account or password, including the content of Your transmissions through the Service, or any content You upload or publish through the Service.
You also agree to adhere to the Acceptable Use Policy contained in the following section.
You shall not use or misuse the Service in any way which may impair the functionality of the Service or Website, or other systems used to deliver the Service or impair the ability of any other User to use the Service or Website.
You shall not, and shall not attempt to, gain access to the computer system on which the Services are hosted or to any materials or information other than those to which You have been given express permission to access.
You shall not transmit, or input into the Website, any files that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which You do not have the right to use).
You shall not, and shall not attempt to, modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Service or to operate the Website except as is strictly necessary to use either of them for normal operation.
We have no obligation to monitor the Service or any User's use thereof or retain the content of any User session. However, We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
You agree that You shall promptly report to Us any information or opinion relating to the Service as We may reasonably request and You grant Us an unrestricted, royalty-free right to use all such reports for purposes of correcting and/or enhancing the Service, and developing and marketing additional products and services.
You shall engage in 'fair use' of the Services. You shall report to Us and not exploit any technical or commercial problems or aspects of the Website and Services that You may be aware of.
We may limit, suspend or terminate Your access to and use of the Service, without notice and in Our absolute discretion, if it appears that Your conduct has breached any of these Terms.
You must be at least 18 years of age to use the Service; and by using the Service, You warrant and represent to us that You are at least 18 years of age.
You agree not to misuse the Service. For example, You must not, and must not attempt to, use the Service to do the following things:
- use the Service in any way that is unlawful, illegal, fraudulent, deceptive or harmful, or in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity;
- probe, scan, or test the vulnerability of any system or network, including but not limited to load testing or penetration testing;
- conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Service;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, or our service providers’ computer systems;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Service;
- plant malware or otherwise use the Service to distribute malware;
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- publish anything that is fraudulent, misleading, or infringes another’s rights;
- promote or advertise products or services other than your own without appropriate authorization;
- impersonate or misrepresent your affiliation with any person or entity;
- conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Service;
- link to any material using or by means of the Service that would, if it were made available through the Service, breach the provisions of this Policy;
- publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
- violate the law in any way, or to violate the privacy of others, or to defame others.
You acknowledge that We may actively monitor Your use of the Service to verify compliance with this Acceptable Use Policy.
- 6. PRIVACY POLICY, DATA PROTECTION AND CONFIDENTIALITY
- Data Sharing 1: When You use certain Third-Party Services, We (Parkway Logic Ltd) will need to disclose certain information and data about the User, the Customer and the transaction (typically cross-border import or export) for which you are requesting the Third-Party Services in order to allow the Third-Party Service provider to serve You. This information may include personal data about You. You hereby authorize us to disclose that information to the Third-Party Service provider.
- Data Sharing 2: When that Third-Party Service provider wishes to communicate with You about Your business in general and about specific transactions, You hereby authorize that Third-Party Service Provider to transmit that information to Us (Parkway Logic Ltd.) so that communications and planning data can be maintained by You on Our Service, and You also authorize Us (Parkway Logic Ltd) to instruct the Third-Party Service provider to do so.
Our Privacy Policy is available at https://www.exabler.com/privacy and forms part of these Terms. It describes how We collect, use and disclose personally identifiable information from Users and Visitors. By using the Services, You agree to Our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy. You also agree that We may use Your information provided by You (e.g. the name/trademark of Your business) for marketing purposes as reference on Our website. The User may withdraw such consent by writing an email to info@exabler.com informing Us specifically that You withdraw that consent.
We are registered with the UK Information Commissioner’s Office with reference ZA640776.
- 7. OTHER DISCLAIMERS/LIMITATION OF LIABILITY
- You must not, during the continuance of this agreement and for a period of 36 months after its termination, sell or offer to sell or negotiate the sale of services of a similar description to the Service or of such kind as would or might compete or interfere with the sale of the Service, either on Your own behalf or on behalf of any other person, firm or company whatsoever without first obtaining the written consent from Us.
- We give no warranty to You about the Service. Without limiting the foregoing, We do not warrant the availability, timeliness, accuracy or reliability otherwise of the Service, that the Service will meet Your requirements or that it will be suitable for any particular purpose. The Service is provided "as is". To avoid doubt, all implied conditions or warranties are excluded insofar as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
To the maximum extent permitted by law, We exclude all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Customer Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
If You suffer loss or damage as a result of Our negligence or failure to comply with these Terms, any claim by You against Us arising from Our negligence or failure will be limited in respect of any one incident, or series of connected incidents, to any fees paid by You in respect of the incident or series of connected incidents.
If You are not satisfied with the Service or any portion of it, Your sole and exclusive remedy is to terminate these Terms in accordance with clause 9 of these Terms.
The information included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. We and/or Our respective suppliers and/or providers of Third-Party Services or Third Party-Materials may make improvements and/or changes to the Service at any time.
We do not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components.
Information about trade rules and regulations is provided "as is", may not be current, and does not constitute legal advice. In no event shall We be liable for any errors in the information, forms or features made available by the Service. Selection and completion of proper forms for any given shipment is the sole responsibility of the shipper.
We reserve the right to assign its rights and responsibilities under this agreement to any third party.- 8. INDEMNIFICATION
- You agree to indemnify and hold Us, Our corporate parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
You agree to indemnify Us against and hold harmless from any claims or loss relating to Our refusal to provide any person access to Your information or Data in accordance with these Terms, relating to Us making available information or Data to any person with Your authorisation.- 9. TERMINATION
- We may terminate Your access to any part or all of the Service and any related service(s) that we control at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, with or without providing any refund of any payments. We may also terminate or suspend Your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by Us.
- If you access the Service (including as a Branded Portal) at the request of a Sponsor, the Sponsor may instruct us to terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Upon termination of the Service, Your right to use the Service immediately ceases.
You may terminate this Agreement by giving Us 30 days’ written notice, unless other terms have been explicitly agreed between You and Us in writing elsewhere. If You have paid for access to the Service beyond that date, any settling payments shall be governed by section 10 (Fees , Payments, Refunds and Taxes). We shall have no obligation thereafter to maintain any content in Your account or to forward any unread or unsent messages to You or any third party.
Breach: If You:
- breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
- breach any of these Terms and the breach is not capable of being remedied; or
- You, the Customer or Your business becomes insolvent or goes into liquidation or has a receiver or manager appointed for any of its assets or if You make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
- then We may take any or all of the following actions, at Our sole discretion and in any order in time:
- Terminate these Terms and Your use of the Service and the Website;
- Suspend for any definite or indefinite period of time, Your use of the Service and the Website;
- Suspend or terminate access to all or any Customer Data;
- Pursue any other rights and recourse We may have;
- Take any of the above actions in this clause in respect of any or all other persons whom You have authorised to have access to Your Customer Data or other information.
- Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will remain liable for any accrued charges and amounts which become due for payment before or after termination, and you will immediately cease use of the Service and the Website.
The Confidentiality provisions of these Terms and any representation or warranty You make in these Terms survive any suspension, expiry or termination of these Terms.- 10. FEES, PAYMENTS, REFUNDS AND TAXES
- The prices for provision of the various elements of the Services are displayed on the Website according to different "Plans". These price plans may change from time to time. By subscribing to any Plan, You agree to provide and maintain a valid means of payment and You agree to accept and pay any charges that are incurred in accordance with the chosen Plan that You have subscribed to. For the avoidance of doubt, both the Customer and the User are jointly and severally liable for the settlement of any fees and charges without any right of set-off.
You may switch between different pricing Plans by following the features of the Plan You are currently subscribed to. If You are permitted to upgrade or downgrade at any point during a billing cycle, Your next bill will reflect a pro-rated cost according to the point in time when you have switched, upgraded or downgraded Plans. We will usually present You with a pro-forma invoice to inform You of the likely price impact (subject to any further charges that may be incurred after).
We may offer promotions, coupons, discounts or other special offers, to new Customers including some or all existing Customers and Users. We retain the right to offer differential pricing between Customers and over time at Our sole discretion.
We may be remunerated by third parties (including providers of Third-Party Services or Third-Party Materials) in connection with providing the Service to You. If We receive such remuneration in the same billing period as being remunerated by You, we will notify You a reasonable amount of time afterwards.
Any refunds are at Our sole unfettered discretion and We shall have no obligation to refund any payments or any portion of any payments, in the event that You wish to discontinue use of all or part of the Service, or in the event that Your access is terminated for any reason.
We shall not be liable for taxes and other governmental fees and assessments to be paid related to transactions with Us or other parties. You agree that You shall be solely responsible for all taxes, fees, and assessments of any nature associated with products or services sold through the use of or with the aid of the Service.- 11. INTELLECTUAL PROPERTY
- Title to, and all Intellectual Property Rights in, the Service, the Website, including Estimator, EE2, FastCheck, Trade Services Hub, and Export Map, and any forms and documentation relating to the Service remain the property of Us (or our licensors). You acknowledge that You have no rights in or to these Intellectual Property Rights.
Title to, and all Intellectual Property Rights in, Customer Data remain Your property. However, Your access to the non-personal Customer Data is contingent on full payment of fees when due by You, or payment of fees to Us by any Sponsor who gives You access.- You grant Us non-exclusive, revocable, non-transferable licence to capture, copy, transfer, store, index, search, aggregate, summarise, anonymise, translate, audit, provide previews, analyse, and otherwise make available Your information and Customer Data for the purposes of enabling You to access and use the Service and for any other purpose related to provision of services to You. For Personal Data, this is further described in the Privacy Policy. The purposes include ongoing improvement of the Service and the creation of new services and features (provided that for improvement and creation purposes the You cannot be identified as the source), and the exercise of Our rights under this Terms. You also grant Us the right to sub-license these rights to Our hosting, connectivity and telecommunications service providers to assist in the processing activity necessary for the performance of Our obligations.
You must maintain copies of all Data entered into the Service. We adhere to Our best practices to prevent data loss, including a system data back-up regime, but do not make any guarantees that there will be no loss of Data. We expressly exclude liability for any loss of Data no matter how caused.
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by Us, or Our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Websites, including code and software.
We do not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for public or shared access on the Service, you grant world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or We remove such Content from the Service.
- 12. GENERAL
- Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Us must be sent to info@exabler.com or to any other email address notified by email to You by Us. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
Rights of Third Parties: A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
Governing law and jurisdiction: This agreement is governed by the laws of England and Wales, without regard to the conflict or choice of law rules thereof. The courts sitting in England, United Kingdom shall have exclusive jurisdiction over any dispute arising hereunder. Use of the Service is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Us with respect to such use.
Independence: You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of this agreement or use of the Service.
Severability: If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, that part or provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect and binding on both Parties.
Waiver: If either Party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Entire agreement: Unless otherwise specified herein, this agreement constitutes the entire agreement between You and Us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Us with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and We agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance. Except where explicitly indicated otherwise, prices shown on this site exclude any sales tax that might be applicable in the Customer's jurisdiction. The Customer will pay Us any additional sales taxes not previously levied upon request.- 13. LANGUAGE
- It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que cet accord ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
COPYRIGHT AND TRADEMARK NOTICES:
All source code, executable code, page designs and other copyrightable material are Copyright © 2015-2021 Parkway Logic Ltd.
All rights reserved. Any rights not expressly granted herein are reserved.