Terms and Conditions
USER AGREEMENT, TERMS & CONDITIONS OF USE FOR WWW.GIGAPE.COM
Please read the following terms and conditions carefully, as they form the Agreement between us.
Your prior Agreement to these terms and conditions govern your use of the GigApe website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. If you use this website you are agreeing to comply with and be bound by the following terms and conditions. These terms are subject to regular revision so you should refer back to them in the future, to ensure that you are fully cognizant of all changes.
This Agreement constitutes your agreement with GigApe. You must agree to abide by all of the terms and conditions contained in this Agreement. As used in this Agreement, "we" and "us" means GigApe, or any successor or assign of GigApe.
GENERAL VISITOR CONDUCT
When using this website you shall not post or send to or from this Website any material:
- for which you have not obtained all necessary consents;
- that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
- which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
[We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of the above]
TERMS OF SERVICE;
1. YOUR RELATIONSHIP WITH GIGAPE
Your use of the GigApe website (the "Website") and any GigApe channels, software, data feeds and services, (henceforth referred to as the “service” is subject to the terms of a legal agreement between you and GigApe. "GigApe" means GigApe whose place of business is 22 Toll Road,Newry.
The Terms form a legally binding agreement between you and GigApe in relation to your use of the Service. It is important that you take the time to read them carefully.
The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
2. YOUR ACCEPTANCE OF THE TERMS
In order to use the Service, you must firstly agree to the Terms. You should not use the Service if you do not accept the Terms.
You can accept the Terms by simply using the Service. You understand and agree that GigApe will treat your use of the Service as acceptance of the Terms from that point onwards.
You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with GigApe, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
You should print off or save a local copy of the Terms for your records.
3. CHANGES TO THE TERMS
GigApe reserves the right to make changes the Terms from time to time. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms will be posted on this page. If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4. GIGAPE ACCOUNTS
In order to access some features of the Website or other elements of the Service, you will have to create a GigApe account. When creating your account, you must provide accurate and complete information. It is important that you must keep your GigApe account password secure and confidential.
You must notify GigApe immediately of any breach of security or unauthorized use of your GigApe account that you become aware of.
You agree that you will be solely responsible (to GigApe, and to others) for all activity that occurs under your GigApe account.
5. GENERAL RESTRICTIONS ON USE
GigApe hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
- you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without GigApe's prior written authorization, unless GigApe makes available the means for such distribution through functionality offered by the Service;
- you agree not to alter or modify any part of the Website or any of the Service;
- you agree not to access Content through any technology or means other than the pages of the Website itself, or such other means as GigApe may explicitly designate for this purpose;
- you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
- you agree not to use the Service for any of the following commercial uses unless you obtain GigApe's prior written approval:
- the sale of access to the Service
- the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
- the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service ,unless that which is expressly authorized by GigApe in writing;
- you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the GigApe servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
- you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include GigApe account names);
- you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- you agree not to solicit, for commercial purposes, any users of the Website with respect to their Content; and
- you agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of GigApe or the respective licensors of the Content.
You agree that you will comply with all of the other provisions of the Terms and the GigApe Community Guidelines at all times during your use of the Service.
GigApe grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. GigApe reserves the right to revoke these exceptions either generally or in specific cases.
GigApe is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which GigApe provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that GigApe may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at GigApe's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform GigApe when you stop using the Service.
You agree that you are solely responsible for (and that GigApe has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which GigApe may suffer) of any such breach.
6. COPYRIGHT POLICY
GigApe operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party. Details of that policy can be found at the DMCA link located in the ‘footer’ section at the bottom of each pages on the GigApe site.
As part of GigApe's copyright policy, GigApe will terminate user access to the Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
As a GigApe account holder you may submit Content. You understand that whether or not Content is published, GigApe does not guarantee any confidentiality with respect to Content.
You retain all of your ownership rights in your Content, but you are required to grant limited license rights to GigApe and other users of the Service. These are described in paragraph 8.
8. OF THESE TERMS, RIGHTS YOU LICENSE.
You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. GigApe does not endorse any Content or any opinion, recommendation, or advice expressed therein, and GigApe expressly disclaims any and all liability in connection with Content.
You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable GigApe to use your Content for the purposes of the provision of the Service by GigApe, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
You agree that your conduct on the site will comply with (and you agree that the content of all of your Content shall comply with) the GigApe Community Guidelines.
You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for GigApe to use or possess in connection with the provision of the Service.
You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant GigApe the license referred to in paragraph 9.I below.
On becoming aware of any potential violation of these Terms, GigApe reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GigApe with respect to any such Content.
9. RIGHTS YOU LICENSE
When you upload or post Content to GigApe, you grant:
- to GigApe, a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and GigApe's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats [and through any media channels];
- to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 8 above.
10. GIGAPE CONTENT ON THE WEBSITE
With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to GigApe, and is subject to copyright, trade mark rights, and other intellectual property rights of GigApe or GigApe's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of GigApe or, where applicable, GigApe's licensors. GigApe and its licensors reserve all rights not expressly granted in and to their Content.
11. LINKS FROM THE GIGAPE WEBSITE TO THIRD PARTY SITES.
The Service may include hyperlinks to other web sites that are not owned or controlled by GigApe. GigApe has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
You acknowledge and agree that GigApe is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that GigApe is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
12. TERMINATING YOUR RELATIONSHIP WITH GIGAPE
The Terms will continue to apply until terminated by either you or GigApe as set out below.
If you want to terminate your legal agreement with GigApe, you may do so by (a) notifying GigApe at any time and (b) closing your GigApe account. Your notice should be sent, in writing, to GigApe's address which is set out at the beginning of these Terms.
GigApe may at any time terminate its legal agreement with you if:
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- GigApe is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- GigApe may terminate its legal agreement with you if:
- GigApe is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
- the provision of the Service to you by GigApe is, in GigApe's opinion, no longer commercially viable
- and in the case of each of the above clauses GigApe shall, where possible, give reasonable notice of such termination.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and GigApe have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14 shall continue to apply to such rights, obligations and liabilities indefinitely.
13. EXCLUSION OF WARRANTIES
Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
The Service is provided "as is" and GigApe makes no warranty or representation to you with respect to them.
In particular GigApe does not represent or warrant to you that:
- your use of the Service will meet your requirements,
- your use of the Service will be uninterrupted, timely, secure or free from error,
- any information obtained by you as a result of your use of the Service will be accurate or reliable, and
- that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
14. LIMITATION OF LIABILITY
Nothing in these Terms shall exclude or limit GigApe's liability for losses which may not be lawfully excluded or limited by applicable law.
Subject to the overall provision in paragraph I. above GigApe shall not be liable to you for:
II. any indirect or consequential losses which may be incurred by you. This shall include: (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you; any loss or damage which may be incurred by you as a result of: any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service; any changes which GigApe may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service); the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service; your failure to provide GigApe with accurate account information; your failure to keep your password or GigApe account details secure and confidential.
The limitations on GigApe's liability to you in paragraph 14.II above shall apply whether or not GigApe has been advised of or should have been aware of the possibility of any such losses arising.
15. GENERAL LEGAL TERMS
The Terms constitute the whole legal agreement between you and GigApe and govern your use of the Service.
You agree that GigApe may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
You agree that if GigApe does not exercise or enforce any legal right or remedy which is contained in the Terms (or which GigApe has the benefit of under any applicable law), this will not be taken to be a formal waiver of GigApe's rights and that those rights or remedies will still be available to GigApe.
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.
You acknowledge and agree that each member of the group of companies of which GigApe is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
The Terms, and your relationship with GigApe under the Terms, shall be governed by Northern Ireland Law. You and GigApe agree to submit to the exclusive jurisdiction of the courts of Northern Ireland to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that GigApe shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
16. COMMUNICATIONS WITH US
The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk.
17. EXCLUSION OF LIABILITY
You agree to indemnify, defend and hold harmless us, our directors, officers, employees and licensors from and against any claim, liability, cost, loss or damage we may incur (including reasonable legal fees) as result from your actions or communications with this site. Including any actions that you take to disrupt the functioning of this site, and/or to block access to this site, or any breach of your obligations under this Agreement.
Dated: February 2011
As with most website operators, we collect non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. GigApe only purpose in collecting non-personally identifying information is to better understand how GigApe’s visitors use this website. Such non-personally-identifying information will not be made publicly available, or shared with third parties. The only exception will be under the instructions of legitimate legal or court mandated disclosure requests.
Gathering of Personally-Identifying Information
Certain visitors to the GigApe website choose to interact with GigApe in ways that require us to gather personally-identifying information. The amount and type of information that GigApe gathers, depends on the nature of the interaction. In the main it shall be for the purposes of email communication and/or contact information. GigApe collects such information only insofar as it is necessary or appropriate to fulfill the purpose of the visitor or our clients interaction with GigApe. No disclosure of personally-identifying information will be made to third parties. The only exception will be under the instructions of legitimate legal or court mandated disclosure requests.
Protection of Certain Personally-Identifying Information
GigApe takes all measures reasonably necessary to protect against the unauthorised access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
DATA COMPLIANCE POLICY
This Data Protection Compliance Policy confirms that our data processing practices are in accordance with UK data protection law. We only use and process personal data for the purposes of supporting our visitors’ interactions with the GigApe website or in performing our contractual obligations with clients of our services.
GigApe uses technical and organisational measures to prevent the unlawful, accidental, or unauthorised processing, destruction, loss, damage or disclosure of personal data and deploys security procedures to ensure that unauthorised persons cannot access personal data or the equipment used to process personal data.
We shall provide individuals with the right of access, rectification, blocking, erasure and/or destruction available to such individuals under the applicable data protection laws in the UK.
Please note that any demand for access may be subject to payment of a fee of £25+vat to cover our costs in providing you with the information requested.
We acknowledge that the personal data we process is, and shall remain, the property of our clients and we will destroy all copies of the relevant data after six months upon termination of the contractual relationship with them.