FinTech Software provides its service to you,
subject to the following Terms of Service ("TOS"),
which may be updated from time to time without
notice to you. In addition, you shall be subject
to any guidelines and rules applicable to such
services which may be posted by us from time to
time. All such guides and rules are hereby incorporated
by reference into the TOS. In most cases the guides
and rules are specific to a particular part of
the Service and will assist you in applying the
TOS to that part, but to the extent of any inconsistency
between the TOS and any guide or rule, the TOS
will prevail. We may also offer services from
time to time that are governed by other terms
of service. In such cases the other terms of service
will be posted on the relevant service to which
they apply.
2. DESCRIPTION OF SERVICE
AJE Consulting currently provides users with
access to a rich collection of on-line resources,
including, shopping services, personalised content
(the "Service"). Unless explicitly stated
otherwise, any new features that augment or enhance
the current Service, including the release of
new properties, shall be subject to the TOS. You
acknowledge and agree that the Service is provided
"AS IS" and that we assume no responsibility
for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalisation
settings.
In order to use the Service, you must obtain access
to the Internet, either directly or through devices
that access web-based content, and pay any service
and/or telephony fees associated with such access.
In addition, you must provide all equipment necessary
to make such connection to the World Wide Web,
including a computer and modem or other access
device.
3. YOUR REGISTRATION OBLIGATIONS AND SUPERVISING
CHILDREN
In consideration of your use of the Service,
you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted
by the Service's registration form (such information
being the "Registration Data") and (b)
maintain and promptly update the Registration
Data to keep it true, accurate, current and complete.
If you provide any information that is untrue,
inaccurate, not current or incomplete, or we have
reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete,
we have the right to suspend or terminate your
account and refuse any and all current or future
use of the Service (or any portion thereof).
AJE Consulting is concerned about the safety
and privacy of all its users, particularly children.
For this reason, parents who wish to allow their
children access to the Service should assist them
in setting up any relevant accounts and supervise
their access to the Service.
4. PRIVACY POLICY
Registration Data and certain other information
about you is subject to our Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation
upon completing the Service's registration process.
You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible
for all activities that occur under your password
or account. You agree to (a) immediately notify
us of any unauthorised use of your password or
account and any other breach of security, and
(b) ensure that you exit from your account at
the end of each session. We cannot and will not
be liable for any loss or damage arising from
your failure to comply with this Section 5.
6. MEMBER CONDUCT
You acknowledge that all information, data, text,
software, music, sound, photographs, graphics,
video, messages and other materials ("Content"),
whether publicly posted or privately transmitted,
are the sole responsibility of the person from
which such Content originated. This means that
you, and not AJE Consulting are entirely responsible
for all Content that you upload, post, email or
otherwise transmit via the Service. We do not
control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity
or quality of such Content. You acknowledge that
by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable.
Under no circumstances will we be liable in any
way for any Content, including, but not limited
to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred
as a result of the use of any Content posted,
emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
- upload, post, email or otherwise transmit
any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar,
obscene, libellous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise
objectionable;
- harm minors in any way;
- impersonate any person or entity, forum leader,
guide or host, or falsely state or otherwise
misrepresent your affiliation with a person
or entity;
- forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content
transmitted through the Service;
- upload, post, email or otherwise transmit
any Content that you do not have a right to
transmit under any law or under contractual
or fiduciary relationships (such as inside information,
proprietary and confidential information learned
or disclosed as part of employment relationships
or under nondisclosure agreements);
- upload, post, email or otherwise transmit
any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary
rights ("Rights") of any party;
- upload, post, email or otherwise transmit
any unsolicited or unauthorised advertising,
promotional materials, "junk mail,"
"spam," "chain letters,"
"pyramid schemes," or any other form
of solicitation, except in those areas (such
as shopping rooms) that are designated for such
purpose;
- upload, post, email or otherwise transmit
any material that contains software viruses
or any other computer code, files or programs
designed to interrupt, damage, destroy or limit
the functionality of any computer software or
hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause
a screen to "scroll" faster than other
users of the Service are able to type, or otherwise
act in a manner that negatively affects other
users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations
of networks connected to the Service;
- intentionally or unintentionally violate any
applicable law or regulation including, but
not limited to, regulations promulgated by any
securities exchange;
- "stalk" or otherwise harass another;
or
- collect or store personal data about other
users.
You acknowledge that AJE Consulting does not
pre-screen Content, but that AJE Consulting and
its designees shall have the right (but not the
obligation) in their sole discretion to refuse
or move any Content that is available via the
Service. Without limiting the foregoing, AJE Consulting
and its designees shall have the right to remove
any Content that violates the TOS or is otherwise
objectionable.
You agree that you must evaluate, and bear all
risks associated with, the use of any Content,
including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard,
you acknowledge that you may not rely on any Content
created by us or submitted to us.
You acknowledge and agree that AJE Consulting
may preserve Content and may also disclose Content:
(a) to its affiliated companies worldwide for
the purpose of providing the Content to you in
an efficient manner, (b) for the purpose of properly
administering your account in accordance with
the standard operating procedures of AJE Consulting
or its affiliated companies, and/or (c) if required
to do so by law or in the good faith belief that
any such preservation or disclosure is reasonably
necessary to: (d) comply with legal process; (e)
enforce the TOS; (f) respond to claims that any
Content violates the rights of third-parties;
or (g) protect the rights, property, or personal
safety of AJE Consulting, its users and the public.
You acknowledge that the technical processing
and transmission of the Service, including your
Content, may involve transmissions over various
networks and changes to conform and adapt to technical
requirements of connectin networks or devices.
We reserves the right to terminate your access
to some or all parts of its Service if you withdraw
your consent in this paragraph at any time.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet,
you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding
the transmission of technical data exported from
the United Kingdom, the United States and the
country in which you reside (if different from
the aforementioned).
8. PUBLIC CONTENT POSTED
(a) For purposes of the TOS, "publicly accessible
areas" of the Service are those accessible
by the general public.
(b) With respect to Content you elect to post
for inclusion in publicly accessible areas of
AJE Consulting or that consists of photos or other
graphics you elect to post to any other publicly
accessible area of the Service, you grant AJE
Consulting, royalty free and non-exclusive licence
to reproduce, modify, adapt and publish such Content
on the Service solely for the purpose of displaying,
distributing and promoting the specific service
to which such Content was submitted, or, in the
case of photos or graphics, solely for the purpose
for which such photo or graphic was submitted
to the Service. This licence exists only for as
long as you elect to continue to include such
Content on the Service and shall be terminated
at the time you delete such Content from the Service.
(c) With respect to all other Content you elect
to post to other publicly accessible areas of
the Service, you grant AJE Consulting the royalty-free,
perpetual, irrevocable, non-exclusive and fully
sub-licensable right and licence to use, reproduce,
modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such
Content (in whole or part) worldwide and/or to
incorporate it in other works in any form, media,
or technology now known or later developed.
9. INDEMNITY
You agree to indemnify and hold AJE Consulting
and its subsidiaries, affiliates, officers, agents,
co-branders and other partners, and employees,
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to
or arising out of Content you submit, post to
or transmit through the Service, your use of the
Service, your connection to the Service, your
violation of the TOS, or your violation of any
rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service,
or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that AJE Consulting may establish
general practices and limits concerning use of
the Service, including without limitation the
maximum number of days that email messages, message
board postings or other uploaded Content will
be retained by the Service, the maximum number
of email messages that may be sent from or received
by an account on the Service, the maximum size
of any email message that may be sent from or
received by an account on the Service, the maximum
disk space that will be allotted on AJE Consulting
servers on your behalf, and the maximum number
of times (and the maximum duration for which)
you may access the Service in a given period of
time. You agree that AJE Consulting has no responsibility
or liability for the deletion or failure to store
any messages and other communications or other
Content maintained or transmitted by the Service.
You acknowledge that we reserves the right to
log off accounts that are inactive for an extended
period of time. You further acknowledge that we
reserves the right to change these general practices
and limits at any time, in its sole discretion,
with or without notice.
12. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time
to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof)
with or without notice. You agree that AJE Consulting
shall not be liable to you or to any third party
for any modification, suspension or discontinuance
of the Service.
13. TERMINATION
You agree that we may terminate your password,
account (or any part thereof) or use of the Service,
and remove and discard any Content within the
Service, for any reason, including, without limitation,
for lack of use or if you have violated or acted
inconsistently with the letter or spirit of the
TOS. We may also at any time discontinue providing
the Service, or any part thereof, with or without
notice. You agree that any termination of your
access to the Service under any provision of this
TOS may be effected without prior notice, and
acknowledge and agree that we may immediately
deactivate or delete your account and all related
information and files in your account and/or bar
any further access to such files or the Service.
Further, you agree that we shall not be liable
to you or any third-party for any termination
of your access to the Service.
14. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with,
or participation in promotions of, advertisers
and merchants found on or through the Service,
including payment and delivery of related goods
or services, and any other terms, conditions,
warranties or representations associated with
such dealings, are solely between you and such
advertiser or merchant. To the fullest extent
permitted by applicable law, you agree that: (a)
Supermartket AJE Consulting shall not be responsible
or liable for any loss or damage of any kind incurred
as the result of any such dealings or as the result
of the presence of such advertisers and merchants
on the Service, and (b) any orders placed by you
on, and any product specifications and product
availability appearing on, the Service are subject
to confirmation by, and the terms and conditions
of business of, the relevant Merchant.
15. LINKS
The Service may provide, or third parties may
provide, links to other World Wide Web sites or
resources. Because we have no control over such
sites and resources, you acknowledge and agree
that AJE Consulting is not responsible for the
availability of such external sites or resources,
and does not endorse and is not responsible or
liable for any Content, advertising, products,
or other materials on or available from such sites
or resources. You further acknowledge and agree
that we shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with
use of or reliance on any such Content, goods
or services available on or through any such site
or resource.
16. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and
any necessary software used in connection with
the Service ("Software") contain proprietary
and confidential information that is protected
by applicable intellectual property and other
laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information
presented to you through the Service or advertisers
is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and
laws. Except as expressly authorised by AJE Consulting
or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in
whole or in part.
AJE Consulting grants you a personal, non-transferable
and non-exclusive right and licence to use the
object code of its Software on a single computer;
provided that you do not (and do not allow any
third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code,
sell, assign, sublicence, grant a security interest
in or otherwise transfer any right in the Software.
The foregoing is subject to applicable statute
and other express law. You agree not to modify
the Software in any manner or form, or to use
modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorised
access to the Service.
17. DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, AJE Consulting
EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS
AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND
ANY TERM AS TO THE PROVISION OF SERVICES TO
A STANDARD OF REASONABLE CARE AND SKILL OR AS
TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY
RIGHT.
- WE MAKE NO WARRANTY OR REPRESENTATION THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM AJE Consulting
OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY
STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT AJE
Consulting SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW
TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION
ARISING OUT OF OR RELATED TO USE OF THE SERVICE
OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR
AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE
FOREVER BARRED.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. NOTICE
Notices to you may be made via either email or
regular mail. The Service may also provide notices
of changes to the TOS or other matters by displaying
notices or links to notices to you generally on
the Service.
21. COPYRIGHTS and COPYRIGHT AGENTS
- an electronic or physical signature of the
person authorised to act on behalf of the owner
of the copyright interest;
- a description of the copyrighted work that
you claim has been infringed;
- a description of where the material that you
claim is infringing is located on the site;
- your address, telephone number, and email
address;
- a statement by you that you have a good faith
belief that the disputed use is not authorised
by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of
perjury, that the above information in your
Notice is accurate and that you are the copyright
owner or authorised to act on the copyright
owner's behalf.
22. GENERAL INFORMATION
These TOS (including the guides and rules referred
to herein) constitute the entire agreement between
you and AJE Consulting and govern your use of
the Service, superseding any prior agreements
between you and us. You also may be subject to
additional terms and conditions that may apply
when you use affiliate services, third-party content
or third-party software. The TOS and the relationship
between you and AJE Consulting shall be governed
by the laws of England.
You and AJE Consulting agree to submit to the
exclusive jurisdiction of the English courts.
Any failure by us to exercise or enforce any right
or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision
of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree
that the court should endeavour to give effect
to the parties' intentions as reflected in the
provision, and the other provisions of the TOS
remain in full force and effect.
The section titles in the TOS are for convenience
only and have no legal or contractual effect.
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