These Terms and Conditions (“Terms”) apply to www.codestone.net and any other Codestone website on or accessible via www.codestone.net (collectively, the “Site”) that links to these Terms.
Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations with respect to your use of the Site, including but not limited to various limitations, exclusions, and indemnities.
By accessing or using the Site, and the content and services available via the Site, you signify that you have read, understand and agree to be bound by these Terms in all respects with respect to the Site. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Sites.
a. Codestone Group Ltd., its subsidiaries and affiliates, including Codestone Solutions Limited and EDEN Cloud Services Limited (together “Codestone”) maintains the Site for informational and communication purposes. Your access to and use of this Site is subject to the Terms, as well as any modifications issued by Codestone to these Terms and all applicable laws and regulations.
b. Among other things, this Site provides general information concerning various Codestone products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in this Site in no way override the terms and conditions of your purchase of any product or service except as specifically provided therein.
2. Site Content and Availability
a.While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. The information and materials posted on this Site may contain errors, omissions, or typographical errors or may be out of date. Furthermore, we cannot promise that the Site will be fit for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
b. Codestone may change, delete, or update any content, posted information or materials at any time and without prior notice.
c. The information and materials posted on this Site:
i. are provided for informational purposes only and are not binding on Codestone in any way (except to the extent they are specifically indicated to be so),
ii. i) does not constitute technical, financial or legal advice or any other type of advice,
and should not be relied upon for any purpose.
d. Codestone shall also have the right to suspend or terminate operation of this Site or any products or services offered through the Site, or any individual’s right to access or use any portion of a product or service offered through the Site, at any time and without prior notice.
e. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
3. Linked Third Party Sites
Links to other internet sites operated by third parties, including members of Codestone’s authorised dealer network or Codestone’s corporate partners, do not constitute sponsorship, endorsement, or approval by Codestone of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Codestone, and Codestone accepts no legal responsibility for the availability, content, material, information, policies, or practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk. Your use of a third party site may be governed by the terms and conditions of that third party site.
4. Disclaimer of Warranty
a. Codestone makes no warranties or representations whatsoever concerning this Site or any linked site or its content, including the availability of any Site or the information and materials on it or the accuracy, completeness, or timeliness of that information and materials. Codestone also does not warrant or represent that your access to or use of any Site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the Site is free of computer viruses or other harmful components.
b. Without limiting the foregoing, EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
5. Disclaimer of Warranty
5. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CODESTONE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS; YOUR USE OF THE SITE OR ITS CONTENTS; THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED SITE; ANY ERRORS OR OMISSIONS IN THE SITE; ANY INFORMATION MADE AVAILABLE THROUGH THE SITE; ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE SITE OR THE INFORMATION MADE AVAILABLE THROUGH THE SITE; AND CODESTONE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS, GOODWILL, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES OR OTHERWISE, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
6. Trademarks and Copyrights
Unless otherwise noted, the trademarks, logos, and service marks used on the Site are owned by Codestone or by third parties that have licensed their use to Codestone. You may view and download these marks for informational purposes only as permitted by applicable copyright laws and must retain intact all copyright and other proprietary notices. Other use of these marks, except as specifically permitted in these Terms or the Site content or in writing signed by Codestone, is strictly prohibited.
Other than your personal information or customer information, which is subject to the Privacy Notice set forth in Section 9 herein, any communication or material you transmit to this Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Codestone, members of its authorised dealer network, its corporate partners, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Codestone, members of its authorised dealer network, its corporate partners, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
You agree to defend, indemnify, and hold harmless Codestone, members of its authorised dealer network, its corporate partners, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable legal fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of this Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site and any product or service provided to you arising out of or relating to your use of the Site.
9. Your Privacy and Personal Information
a. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
b. Our Privacy Notice is available at www.codestone.net/privacy-policy
a. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
b. No waiver by Codestone of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
c. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms.
d. Codestone shall not be liable for any breach of these Terms caused by any event or circumstance beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, breakdown of systems or network access, war, strikes, lock-outs or other industrial disputes, fire, flood, explosion, accident or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
e. No one other than a party to these Terms has any right to enforce any of these Terms.
f. These Terms are dated 30th September 2019. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and, by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
g. These Terms are governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts.