1. Intellectual Property
2. User Conduct
In using the Site, including all Services and Materials available through it, you represent, warrant and agree:
- Not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked websites;
- Not to upload, post or otherwise transmit through the Site any viruses or other harmful, disruptive or destructive files;
- Not to provide any false personal information;
- Not to use or attempt to use another user’s account, password, service, or system without express authorisation from Mercuri Urval;
- Not to intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; and
- To indemnify Mercuri Urval in respect of any and all claims brought by a third party against Mercuri Urval arising out of or in connection with a breach of any of the foregoing.
3. Managing Content and Communications
Mercuri Urval reserves the right at it sole and absolute discretion to, monitor or review (i) any areas of the Site where users transmit or post user content, including but not limited to areas where Services are available, and (ii) the substance of any user content.
To the maximum extent permitted by law, Mercuri Urval shall have no liability relating to user content arising under the laws of copyright, libel, privacy, obscenity, or otherwise and you shall keep us fully indemnified in this regard at all times.
4. User Registration
Where use of the Site or certain Services of the Site require user registration, you will be required to provide registration information (the “Registration Data”).
In registering to use the Site, (including all Services and Materials made available through it), you agree to:
- Provide accurate, complete and up to date information about yourself as required by the Site’s registration form; and
- Maintain and update your Registration Data to ensure that it is accurate, complete and up to date at all times.
You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so.
You are responsible for maintaining the confidentiality of your account and for all activities carried out using your account information. You agree to notify Mercuri Urval immediately of any unauthorised activity using your account information or if you suspect that the confidentiality of your account information has been compromised. However, because of the open nature of the Internet, we recommend that wherever possible you do not submit information which you consider to be confidential.
6. Disclaimer of Warranties
In using this Site and/or its Services, you expressly understand and agree that:
- The Site and the Services contained on it are provided on an “as is” and “as available” basis and that use of the Site and/or Services is entirely at your own risk;
- Mercuri Urval disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement;
- Mercuri Urval gives no warranties regarding the accuracy, reliability, quality or availability of any products, Materials or Services made available on the Site;
- Any damage to your computer or loss of data that results from use of the Site and/or Services, or from downloading of any material will be your sole responsibility and use of the Site and/or Services is made entirely at your sole risk;
- No advice or information obtained from the Site and/or its Services, whether written or oral, shall give rise to any warranty or representation unless expressly stated therein; and
- Links on the Site may lead to services or sites not operated by Mercuri Urval. No representation or warranty is made by Mercuri Urval with respect to the quality or otherwise of such other services or sites. A link to another site or service shall not be construed as an endorsement of that site or service by Mercuri Urval.
Further, Mercuri Urval gives no warranty or representation that:
- The Services will meet your requirements;
- The Services will be uninterrupted, timely, secure or error-free;
- Any results obtained from use of the Services will be accurate or reliable;
- The quality of any products, Services, or Materials purchased or obtained by you through the Services will meet your expectations; and
- Any errors in the software will be corrected.
7. Limitation of Liability
To the extent not prohibited by applicable law, Mercuri Urval is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders or other economic advantage (even if Mercuri Urval has been advised of the possibility of such damages), howsoever caused, whether in contract (including but not limited to fundamental breach), tort (including but not limited to negligence) or otherwise, arising out of, or related to:
- The use or inability to use the Services;
- The cost of procurement of substitute goods and Services purchased or obtained or messages received or transactions entered into through use of the Services;
- Unauthorised access to or alteration of your transmissions or data by third parties;
- Statements or conduct of any third party providing the Services or accessing the Site; and
- Any other matter relating to the Services, including content you may download, use, modify or distribute from the Site.
You have the sole responsibility for maintaining adequate protection and backup of data and/or equipment used in connection with the Site and will not be entitled to a claim against Mercuri Urval for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of content.
8. Events Beyond Our Reasonable Control
10. Governing Law and Jurisdiction