TERMS AND CONDITIONS 2017-09-21T13:13:36+00:00

Site Terms of Use Statement

The CloudStuff Web System ‘SmartConsign’ (the “Site”) is an online information and transaction service provided under licence by CloudStuff Ltd, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. CloudStuff or its licensor MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the software copyrights and trademarks are CloudStuff Ltd, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site (but not all or substantially all) solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to CloudStuff and it’s licensor a non-exclusive, royalty-free, worldwide, perpetual licence, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to CloudStuff and its licensor by all means and in any media now known or hereafter developed. You also grant to CloudStuff and its licensor the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against CloudStuff and its licensor for any alleged or actual infringement or misappropriation of any proprietary right in your communications to CloudStuff and its licensor.

2. Use of the Site

You understand that, except for information, products or services clearly identified as being supplied by CloudStuff, CloudStuff does not operate, control or endorse any information, products or services on the Internet in any way. Except for CloudStuff – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with CloudStuff. You also understand that CloudStuff cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. CloudStuff PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND CloudStuff SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION AND EXCLUDES ALL SUCH LOSS, COSTS AND DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. CloudStuff DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. CloudStuff HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

3. Indemnification

You agree to indemnify, defend and hold harmless CloudStuff, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of CloudStuff and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these s or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Term; Termination

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6. Intellectual Property

You acknowledge and agree that all intellectual property rights (of whatsoever nature, including but not limited to copyright, know-how rights and database rights) in the Protected Material (Shipping System/Software) belong to CloudStuff Ltd, however derived (including but not exclusively, any developments undertaken to your specifications or instruction or based on an idea or design provided by you to CloudStuff or its licensor) All rights of any incorporated software product remain the property of that vendor; All rights to IP in relation to any incorporated software product are acknowledged.

7. Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of England applicable to agreements made and to be performed in United Kingdom. You agree that any legal action or proceeding between CloudStuff and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in an English Court of Law of competent jurisdiction sitting in England. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. CloudStuff’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. CloudStuff may assign its rights and duties under this Agreement to any party at any time without notice to you.