StubbsGazette Terms Of Service

 

Contents

Acceptance of Terms & Conditions

Changes to Terms & Conditions

Privacy

Subscription & Billing

Right to Terminate

Account Access

Account

No Warranty

Liability

Copyright

Service Testing

Links and Pages

Governing Law

 

Acceptance of Terms & Conditions

These Terms & Conditions, which include our Privacy Policy govern your use of the StubbsGazette service, including all features, functionalities, reports, our website and user interfaces, and all content and software associated therewith (the StubbsGazette service, Service or Services). By using, visiting, or browsing the StubbsGazette service, you accept and agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should not use the StubbsGazette service, including our website and user interfaces.

 

Changes to Terms & Conditions

StubbsGazette reserves the right, from time to time, with or without notice to you, to change these Terms & Conditions, including the Privacy Policy, in our sole and absolute discretion. The most current version of these Terms & Conditions can be reviewed by visiting our website and clicking on “Terms & Conditions” located at the bottom of the pages of the StubbsGazette website. The most current version of the Terms & Conditions will supersede all previous versions.

 

Privacy

In accessing this website you accept that the electronic mail and other transmissions passing over the Internet may not be free from interference by outside third parties and may not remain confidential: in consequence StubbsGazette cannot guarantee the privacy or confidentiality of any information relating to you passing over the Internet. For information about StubbsGazette’s data protection policies, please read our privacy policy. This policy explains how StubbsGazette treats your personal information and protects your privacy, when you use our Service.

StubbsGazette has systems in place which are designed to maintain a suitable control environment around the Company’s Data and that StubbsGazette will notify the Company immediately in the event of a security breach, actual or suspected, concerning the Company’s Data and will engage with the Company in respect of any external communications or notifications required in respect of the breach”.

 

Subscription & Billing

The Customer shall pay the Subscription Fees to the Supplier for the Services in accordance with this clause

1.1 The Supplier shall invoice the Customer for payment of Subscription Fees at the time they Subscription Fees are expressed to be payable in accordance with Schedule 1 (of your Master Agreement). All invoices shall be directed to the Customer and shall take into account all credits and allowances which have been accrued in the previous period.

1.2 The Customer shall pay the Subscription Fees which have become payable in accordance with Schedule 1 within 30 days of receipt of an invoice from the Supplier (“Due Date).

1.3 If the Supplier has not received payment within 30 days after the Due Date, and without prejudice to any other rights and remedies of the Supplier:

1.4 All amounts and fees stated or referred to in this agreement:

1.5 The Supplier shall be entitled to increase the Subscription Fees, the fees payable in respect of the Services at the start of each Renewal Period upon 90 days' prior notice to the Customer and Schedule 1 shall be deemed to have been amended accordingly.

1.6 If Customer places debts for recovery

 

Right to Terminate

This agreement shall, unless otherwise terminated as provided in this clause, commence on the Effective Date and shall continue for the Initial Subscription Term and, thereafter, this agreement shall be automatically renewed for successive periods of 12 months (each a Renewal Period), unless:

and the Initial Subscription Term together with any subsequent Renewal Periods shall constitute the Subscription Term.

1.1 Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate this agreement without liability to the other if:

1.2 On termination of this agreement for any reason:

 

Account Access

As a user of the Service, you may establish an account (“Account”). Your Account information should not be disclosed to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify StubbsGazette of any security breach of your Account. StubbsGazette shall not be responsible for any losses arising out of the unauthorised use of your account.

 

Account

You agree to provide accurate and complete information when you register with, and as you use, the Service (“Registration Data”), and you agree to update your Registration Data to keep it accurate and complete. You agree that StubbsGazette may store and use the Registration Data for use in maintaining your Account.

 

No Warranty

The Services are provided on an as is basis. As such no representations, conditions, warranties or other terms of any kind are given in respect of the Services, and all statutory warranties and conditions are excluded to the fullest extent possible. StubbsGazette does not take any responsibility for any content accessed through use of the Services. Any use or reliance on any content obtained by you through use of the Services is at your own risk. StubbsGazette does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content accessed using the Services. Under no circumstances will StubbsGazette be liable in any way for any content accessed, or any loss or damage of any kind incurred as a result of the accessing by you of the Services. You accept responsibility for the selection of and use of the Services to achieve your intended results.

 

Liability

This clause sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer:

1.1 Except as expressly and specifically provided in this agreement:

1.2 Nothing in this agreement excludes the liability of the Supplier:

1.3 Subject to clause 11.2 and clause 11.3 (of your Master Agreement):

 

Copyright

The Customer acknowledges and agrees that the Supplier owns all intellectual property rights in the Services and the Documentation. Except as expressly stated herein, this agreement does not grant the Customer any rights to, or in, patents, copyrights, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.

1.1 The Supplier confirms that it has all the rights in relation to the Services and the Documentation that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this agreement.

 

Service Testing

From time to time, we test various aspects of our Service, including our website, user interfaces, Service levels, plans, promotions, features, availability of data, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

 

Links and Pages

StubbsGazette is not responsible for the offerings of any linked third party websites or the content, privacy policies or Terms & Conditions of these websites or applications. You acknowledge and agree that StubbsGazette is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any applications and devices. These linked websites have separate and independent privacy statements, notices and Terms & Conditions, which we recommend you read carefully.

 

Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of Ireland and the parties submit to the non- exclusive jurisdiction of the Irish courts. This will not prevent BPSG LTD T/A StubbsGazette from pursuing any claims in respect of a breach of these Terms & Conditions or otherwise in any other jurisdiction in the world. Any users of StubbsGazette who access the website from jurisdictions outside of Ireland are responsible for ensuring that they comply with any applicable local laws.

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