TERMS OF SERVICE

AGREEMENT TO OUR TERMS

 

We are Ascendx Cloud Limited (‘Company’, ‘we’, ‘us’, or ‘Our’), a company registered in the United Kingdom at 124 City Road, London, EC1V 2NX. Our VAT Number is: UK440819987.

 

We operate the website https://www.ascendx.cloud/ (“Website”) and this Terms of Service (“Terms”) is being drafted to determine the rights and obligations between the Company and any visitor accessing to the Website.

 

You can contact us by phone at [……..……], email info@ascendx.cloud at or by letter to United Kingdom at 124 City Road, London, EC1V 2NX. These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘You’), and Ascendx Cloud Limited, concerning your access to and use of the Website. You agree that by accessing the Website, you have read, understood, and agreed to be bound by all these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DİSCONTINUE USE IMMEDIATELY.

 

We will provide you with prior notice of any scheduled changes to the Website you are using. Changes to Terms will become effective thirty (30) days after the notice is given, except if the changes apply to new functionality, security updates, bug fixes, and a court order, in which case the changes will be effective immediately. By continuing to use the Website after the effective date of any changes, you agree to be bound by the modified terms. if you disagree with such changes, you may terminate access to the Website as per the section ‘TERM AND TERMINATION’.

 

The Website are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Website

 

We recommend that you print a copy of these Terms for your records.

 

1. OUR WEBSITE

The information provided when using the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

2. INTELLECTUAL PROPERTY RIGHTS

 

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Website, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Website (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).

 

Our Content and Marks are protected by copyright and trademark laws (and other various intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Website ‘AS IS’ for your internal business purpose only.

 

Your use of the Website

Subject to your compliance these Terms, including the ‘PROHIBITED ACTIVITIES’ section below, we grant you access the Website.

 

Except as set out in this section or elsewhere in our Terms, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

If you wish to make any use of the Website, Content, or Marks other than as set out in this section or elsewhere in our Terms, please address your request to: info@ascendx.cloud If we ever grant you the permission to post, reproduce, or publicly display any part of our Website or Content, you must identify us as the owners or licensors of the Website, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content

 

We reserve all rights not expressly granted to you in and to the Website, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use the Website will terminate immediately.

 

3. USER REPRESENTATIONS

By accessing to the Website, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Website through automated or non-human means, whether through a bot, Script or otherwise; (4) you will not use the Website to any illegal or unauthorized purpose; and (5) your use of the Website will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account or any presence of you and refuse any and all current or future use of the Website (or any portion thereof).

 

4. PROHIBITED ACTIVITIES

You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

 

As a user of the Website, you agree not to:

 

  • Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
  • Trick, defraud, or mislead us and other visitors to the Website
  • Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying (including reverse engineering) of any Content or enforce limitations on use of the Website and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
  • Use any information obtained from the Website in order to harass, abuse, or harm another person
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Website in a manner inconsistent with any applicable Iaws or regulations.
  • Engage in unauthorised framing of or linking to the Website.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gits’), IXI pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
  • Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.
  • Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any part/portion of the Website.
  • Copy or adapt the Website’s software, including but not limited to Flash, PHR HTML, JavaScript, or other code.
  • Except as permitted by applicable Iaw, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
  • Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or use or launch any unauthorised Script or other software.
  • Make any unauthorised use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  • Use the Website as part of any effort to compete with us or otherwise the Website and/or the Content for any revenue-generating endeavour or commercial enterprise.

 

5. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy and Cookie Policy: [hyperlink]. By using the Website, you agree to be bound by our Privacy Policy and Cookie Policy, which is incorporated into these Terms. Please be advised the Website are hosted in the United States. If you access the Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ applicable laws in the United States, then through your continued use of the Website, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

 

7. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

8. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Website. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website. We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

 

9. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provision of the law in your country to residence. Ascendx Cloud Limited and yourself both agree to submit to the non-exclusive jurisdiction of the courts of United Kingdom, which means that you may make a claim to defend your consumer protection rights in regards to these Terms in the United Kingdom, or in the EU country in which you reside.

 

The courts of London, United Kingdom have exclusive jurisdiction to settle any dispute, arising out of or in connection with this Terms (including a dispute relating to the existence, validity or termination of this Terms or any non-contractual obligation arising out of or in connection with this Terms) or the consequences of its nullity.

 

10. CORRECTIONS

There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

 

11. DISCLAIMER

THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE BE AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTİON WITH THE WEBSITE  AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

 

12. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY INCIDENTAL SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID IF ANY BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $ 1,000.00 (thousand/000) USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

13. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless; including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to İntellectual property rights; or (5) any overt harmful act toward any other user of the Website with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

14. USER DATA

We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss of or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

15. ELECTRONİC COMMUNICATİONS, TRANSACTIONS, AND SIGNATURES

Visiting the Website, sending us e-mails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other Communications we provide to you electronically via email and on the Website, satisfy any legal requirement that such Communication be in writing.

 

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature of delivery or retention of non-electronic records, or to payments or go granting credits by and means other than electronic means.

 

16. CALIFORNIA USERS AND RESIDENTS

if any complaint with us is not satisfactorily you can contact the Complaint Assistance Unit of the Division of Consumer of the California Department of Consumer Affairs in writing at 1625 North Market Blvd„ Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254

 

17. MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us.

 

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision, Terms operate to the extent permissible by law, we may assign any or all of rights and obligations to others at any time We shall not responsible or liable for any loss, damage delay, or failure to act caused by any cause beyond our reasonable control, if any provision or part of a provision of these Terms is determined to unlawful , void or unenforceable, that provision or part of the provision is deemed severable from Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of the Terms or use of the Website. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the form of these Terms and the lack of signing by the parties hereto to execute these Terms

 

18. CONTACT US

In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at:

 

Ascendx Cloud Limited

124 City Road, London, United Kingdom

EC1V 2NX

Phone:

Fax

E-mail: info@ascendx.cloud