PCKEYS - TERMS OF BUSINESS & CONDITIONS
PCKeys - Terms of Business and Conditions
PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH PCKEYS MAY ORIGINATE FROM THIRD PARTY CLOUD SERVICES AND APPLICATIONS. ALL SUCH THIRD PARTY CONTENT IS PROVIDED TO YOU “AS IS.” AND YOUR USE THEREOF MAY BE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME BEYOND THE CONTROL PCKEYS. PCKEYS., SHALL UNDER NO CIRCUMSTANCES WHATSOEVER ACCEPT LIABILITY RESULTING FROM YOUR USE OF ANY SUCH THIRD PARTY SERVICES AND/OR CONTENT.
1. You must provide accurate and complete registration information any time you register to use any of the Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorised use of your password or of your account, you agree to notify PCKEYS. immediately. Accordingly, you agree that you will be solely responsible for all activities which occur under your account.
2. You agree to use the application only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the UK or other relevant countries).
3. You may neither share nor re-sell your PCKEYS account to any third parties.
4. Unless you have been specifically permitted to do so in a separate agreement with PCKEYS., you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5. You agree not to engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
6. Any license to use any third-party applications is granted directly from the original provider of the third-party application(s) directly to you. You agree to abide by all the terms and conditions of any such license. You will be solely responsible for paying for and obtaining the rights to any third-party applications you install and/or operate through and/or in connection with the Services, and for compliance with the applicable terms and conditions of each third-party application license.
7. Some of the Services may require that you establish your own account with one or more third party cloud providers. You will be solely responsible for paying for and establishing an account (“Customer Account”) with each third-party product or service you select, and for compliance with the terms of use applicable thereto. You agree to abide by the terms of service and acceptable use policy (AUP) of each third-party product and/or service that you use through the pckeys (if any).
8. PCKeys may offer (or act as intermediary in the offering of) certain software application trials including the ability for you to install the said applications on a temporary basis for trial purposes. YOU ACKNOWLEDGE THAT THESE PRODUCTS AND APPLICATIONS ARE INTENDED TO BE TEMPORARY INSTALLATIONS AND THAT SOFTWARE MANUFACTURERS MAY DELETE APPLICATIONS AND SHUT DOWN RELEVANT APPLICATIONS AT ANY TIME.
LIMITATION OF LIABILITY To the fullest extent permitted by law, under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall PCKeys. or any other contributor or supplier of PCKeys., be liable to any person for any indirect, special, incidental, or consequential damages of any kind including, without limitation, damages for loss of goodwill, work stoppage, interruption of the services. computer failure or malfunction ,loss of data, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. You further understand and agree that while every reasonable precautions shall be undertaken by PCKeys., We are not /shall not be responsible for any loss or damage incurred by you, including but not limited to loss or damage as a result of:
1. Any changes to the Services made by PCKeys., or any temporary or permanent cessation in the provision of the Services (or any features within the Services),
2. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of service,
3. Interruption of services, malware (including viruses and/or Trojans) and/or other errors over which PCKeys has no control,
4. Any third party services and/or content of any kind. You understand that any hyperlinks to third party websites shall be regulated by the terms and conditions of third parties and that access to/use of such third party website shall be at your own risk. Without prejudice to the foregoing, should a court of law or other adjudicating body still find against PCKeys. regarding any matter relating to the Services, PCKeys`s maximum liability against the claimant shall not exceed the total amount in fees which the claimant was paying/shall pay for six months of the Products/Services in question.
MUTUAL CONFIDENTIALITY Both parties (PCKeys and User) agree not to disclose to any third party-confidential information of PCKeys, or the User, except as may be necessary for PCKeys to offer the Products and Services. Both parties further agrees that they will not use, remove, transfer, transmit, reproduce or otherwise deal with confidential information or other tangible or intangible property of either party, except for the sole purpose of performing the Products/Services. GENERAL
LEGAL TERMS
1. PCKeys may make changes to the Terms from time to time. When these changes are made, PCKeys will make a new copy of the Terms available on our website. PCKeys will also notify You of any substantial changes on the email address provided by You during the registration process, and give You the opportunity to terminate Your contract with Us should you not agree with these substantial changes. You understand and agree that if you use the Services after the date indicated in the said email , PCKeys will treat your use as acceptance of the updated Terms.
2. If PCKeys provides you with a translation of the English language version of these Terms, the English language version of these Terms will prevail over any other language version in case of any conflict.
3. PCKeys is constantly striving to better its product offering and will contact the User using the email (or telephone number) provided after sign up for these and other purposes specifically relating to the Services such as: sending welcome emails, sending password reset information, notification of billing, follow-up on signup, and for other messaging needs; all the above in full compliance with British data protection legislation.
4. User irrevocably agrees to accept all notices, of whatever nature, legal or otherwise, by electronic mail or other digital delivery system at the discretion of PCKeys for any matter or any proceeding for which notice is required.
5. The Services may include hyperlinks to other websites, content or resources. PCKeys may have no control over any web sites or resources which are provided by companies or persons other than PCKeys. The User agrees to be bound exclusively by the terms and conditions of any such third party web site.
6. You acknowledge and agree that PCKeys is not responsible for the availability of any such external sites or resources as described in (5.), and does not endorse any advertising, products or other materials on or available from such websites or resources.
7. You agree that if PCKeys does not exercise or enforce any legal right or remedy which is contained in the Terms (or which PCKeys has the benefit of under any applicable law), this will not be taken to be a formal waiver of PCKeys rights and that those rights or remedies will still be available to PCKeys.
8. PCKeys employs industry standards technology and best practices to store and protect your Customer login information. In no case shall PCKeys be held liable for any damages incurred as a result of such network or software related breach. In case of a breach PCKeys will immediately notify you via email or phone call, as PCKeys deems sufficient, to take necessary actions from your end if required.
9. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
10. PCKeys may automatically back up and shut down software applications and servers at various times, including without limitation, when you log out of the Service, if you do not respond to a prompt after a certain period of time, or if you explicitly request, or if PCKeys detects that your application or server is malfunctioning. The data and software backed up during this process (a “Backup”) can be restored, but such restoration is not guaranteed to reproduce the exact state of the application or server at the time the Backup was created, particularly if you have used the “terminal” capability or otherwise directly accessed the Product or Server.
11. PCKeys reserves the right to modify or discontinue the products, features, functionality and other attributes of the Services at any time in its sole discretion. You acknowledge and agree that PCKeys will not be liable to you in connection with its modification or discontinuation of the Services.
SUPPORT LEVEL For a detailed overview of our different support levels you can refer to our Support page for further information.
GOVERNING LAW These Terms of Use are governed by and construed in accordance with British law. Any dispute (including non-contractual disputes) arising from these Terms of Use shall be subject to the exclusive jurisdiction of the British courts or other adjudicating bodies.
DISCLAIMER
WEBSITE DISCLAIMER
The information provided by PCKeys (“we,” “us” or “our”) on PC Keys (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
EXTERNAL LINKS DISCLAIMER
The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
PROFESSIONAL DISCLAIMER
The Site cannot and does not contain it advice. The it information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of it advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
TESTIMONIALS DISCLAIMER
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
The testimonials on the Site are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.