Terms & Conditions & Privacy
eCAP.ie by New Avenue Business Intelligent Software Ltd
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.
THE USE OF ANY SERVICES AND SOFTWARE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS.
Use of Your Information
- The Service only uses the information you enter using the software to be able to contact you either via email or telephone.
- We use the Non-Personal Data gathered from visitors to our software in an aggregate form to get a better understanding of where our visitors come from and to help us better design and organise our website.
- We will not disclose your Personal Data to third parties unless you have consented to this disclosure or unless the third party is required to fulfil your order (in such circumstances, the need for disclosure to a third party will have been notified to you at the time your data is collected and that third party will be bound by similar data protection requirements). We will disclose your Personal Data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.
Updating or deleting your personal data You may inform us of any changes in your Personal Data via the Website, and in accordance with our obligations under the Data Protection Acts 1988 and 2003 we will update or delete your Personal Data accordingly. To find out what Personal Data we hold on you, to request a copy of your personal data or to have your Personal Data updated, amended or removed from our database, please contact us via the Websites's contact form.
Security Your Personal Data is held on secure servers which are hosted for up to 7 years**. The nature of the Internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be 100% secure. However, we will take all reasonable steps (including appropriate technical and organisational measures) to protect your Personal Data. Credit card details processed on line are via a secure on line payment and the Service does not have access to this information. However, credit card payments will only be retained until payment has been successfully completed.
Your responsibilities You are responsible for maintaining the confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify the website and Services immediately of any unauthorized use of your Account. This Service is in no way responsible for any loss to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.
Registration Obligations In consideration of your use of the Services, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process and b) Maintain and promptly update your Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if the Service has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, the Service has the right to terminate your Account and refuse current or future use of any or all of the Services.
Communications Our Service may include certain communications, such as upgrade announcements and accout updates. You understand that these communications shall be considered part of using the services.
Spamming and Illegal Activities You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, harmful, abusive, threatening, pornographic, vulgar, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of email. The service reserves the right to terminate your access to the Website and Services if it believes that you have used the Services for any illegal or unauthorized activity.
Terms & Conditions
Purpose of Agreement This service is made available to you by New Avenue BIS Ltd. (the Service), an Irish company situated in Wexford, subject to the following Terms. The services are made available through this website and Services only to persons who are above 18 years of age, or of such legal age as may be permissible in your jurisdiction to effectuate a legally binding contract. The Service is an Internet based software meant for the businesses.
Modification of Terms and Privacy Statement Changes The Services may modify these Terms upon notice to you at any time. These modifications may include, without limitation, payment for the Services. You will be provided notice of any such modification by electronic mail or by publishing the changes on this website. You will be provided the option to terminate your use of the Services if any Service modifies the Terms in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
Restriction of Use In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.
Intellectual Property Rights Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the copyright owner owns all Intellectual Property Rights to and into the web services, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, know-how, service marks, designs, trade secrets and inventions, goodwill, source code, databases, meta tags, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content belonging to the Website and Services without obtaining authorization from the Service. We respect your right to ownership of content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant the Service any license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your Account for commercial, marketing or any similar purpose.
Limitation of Liability YOU AGREE THAT THE SERVICE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF NABIS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH NABIS LTD AND SERVICES RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL NABIS LTD AND SERVICES ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID YOU TOWARDS SUCH SERVICE.
Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. IT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NABIS Ltd AND SERVICES MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM THIS WEBSITE OR SERVICE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Indemnification To the extent permissible under law, You agree to indemnify, defend and hold harmless the Service from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Service that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Last updated in: 25 Sep 2018
New Avenue BIS LtdCitywest Business Centre
3013 Lake Drive
Dublin D24 YXW2
Reg No: 388835