Chifeeds
Terms and Conditions
Effective
1st July 2011
BY COMPLETING AND SUBMITTING THE FORM AND/OR ACCESSING THE CHIFEEDS
ONLINE SERVICE ("CHIFEEDSI", OR THE "SERVICE") YOU
REPRESENT THAT YOU ARE OVER THE AGE OF 18 TO REGISTER FOR THE SERVICE (IF YOU
ARE USING THE SERVICE AS AN INDIVIDUAL). IF YOU ARE SIGNING UP YOUR COMPANY TO
USE THE SERVICE, YOU REPRESENT THAT YOU HAVE COMPLETE AUTHORITY TO ENTER INTO
THIS AGREEMENT ON BEHALF OF YOUR COMPANY. IF YOU ARE ENTERING INTO THIS
AGREEMENT ON BEHALF OF YOUR COMPANY, THE TERM "YOU" IN THIS AGREEMENT
MEANS YOUR COMPANY AND ALL OF ITS EMPLOYEES. EITHER AS AN INDIVIDUAL OR ON
BEHALF OF YOUR COMPANY, YOU ARE AGREEING TO ALL THE TERMS OF THIS SERVICE
AGREEMENT (THE "SERVICE AGREEMENT" OR "THIS AGREEMENT").
IF YOU DO NOT AGREE TO THE TERMS OF THIS SERVICE AGREEMENT, PLEASE DO NOT SUBMIT THE FORM OR REQUEST A SUBSCRIPTION TO THE SERVICE.
The Chifeeds.com website (the “Site”) is owned and operated by Remedy HCMS Ltd
(“Chifeeds.com”, “Chifeeds”, “We” or “Us”).
1.
The Service
The Service consists of a browser interface, data encryption,
data transmission, data access (as available) and if applicable,
synchronization software and data storage. As used in this Agreement the terms
"You" and "Yours" encompasses each user accessing the Service
by means of a valid account established by You including, if you are a
corporation, all employees of Your corporation. You are responsible for
obtaining and maintaining all computer hardware, software and communications
equipment needed to access the Service and for paying all third-party access
charges (e.g., ISP, telecommunications) incurred while using the Service.
Chifeeds makes no guarantees as to the continuous availability of the Service
or of any specific feature(s) of the Service. Chifeeds makes no guarantees as to the delivery of any posts to Facebook or Twitter and accepts no responsiblity for any loses incured by any post failures. Chifeeds will inform you of any
significant changes to the Service or to the terms and conditions of this
Agreement that it may make from time to time.
2.
Use of Chifeeds
Remedy HCMS Ltd grants to You, subject to the terms and
conditions of this Service Agreement, an individual, personal, non-sub
licensable, non-exclusive and non-transferable license to use Chifeeds, the
product, in object code form only and only in accordance with the applicable
end user documentation, if any, and solely in conjunction with this Service
Agreement. Neither You (and if You are a company, none of Your employees) will,
directly or indirectly, reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code or underlying ideas or algorithms of the
product; modify, translate, or create derivative works based on the Chifeeds
product; or rent, lease, distribute, sell, resell, assign, or otherwise
transfer rights to the Chifeeds product; use the Chifeeds product for
timesharing or service bureau purposes or otherwise for the benefit of a third
party; or remove any proprietary notices or labels on the Chifeeds products.
Because the product Chifeeds is proprietary, You agree not to publish or
disclose to third parties any evaluation of Chifeeds Software without Chifeeds
prior written consent. You acknowledge that Chifeeds retains exclusive
ownership throughout the world of all Chifeeds products, any portions or copies
thereof, and all rights therein. Upon termination of this Service Agreement for
any reason, this License will terminate, and You, and any user accessing the
Service by means of a company account, if applicable, will cease to use or have
access to the Chifeeds product.
3.
Restrictions and Policies
A. General Use. You will not use
the Service in any way for spamming, chain letters, junk mail or distribution
lists to contact any person who has not given specific permission to be
included in such. You agree not to transmit or permit Your employees to
transmit through the Service any unlawful, harassing, libellous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material of
any kind. You will only use the Service for lawful purposes, in compliance with
all applicable laws including, without limitations, copyright, trademark,
obscenity and defamation laws. Unlawful activities may include (without limit)
storing, distributing or transmitting any unlawful material, attempting to
compromise the security of any networked account or site, or making direct
threats of physical harm. You hereby agree to defend, indemnify and hold Chifeeds
blameless against any claim or action that arises from Your use of the Service
in an unlawful manner or in any manner inconsistent with the restrictions and
policies stated herein. Failure to comply will result in your account being removed permanently without notice.
B. Privacy Policy and Confidentiality. It is Chifeeds policy to respect
the privacy of its users. Chifeeds will not share, rent, sell, or trade
personal information (including e-mail addresses) that identifies our customers
or users to third parties. Chifeeds will not share, rent, sell, or trade data
contained in Your account. However, Chifeeds may use this information to
contact You to ensure that You are satisfied with the Chifeeds product or
services, learn about any ideas you may have to improve our offerings, call
your attention to additional offerings or services provided by Chifeeds, and
communicate other information that Chifeeds believes will be useful. In
addition, Chifeeds may share e-mail address and other information required to
ensure that Chifeeds channel partners and contractors can provide services and
support subscribed to by you.
Chifeeds may occasionally ask You to provide demographic or personal preference
data. If You elect to provide such data, Chifeeds may use them to analyse the
characteristics of Chifeeds customers and visitors to the Chifeeds Web site. Chifeeds
may also use such data to customize the specific information provided to You,
or tailor it to better meet Your needs. Chifeeds may share information
aggregated from such data with third parties without notifying you.
User and Account Data given to us are considered confidential. Chifeeds privacy
policy is subject only to Chifeeds obligation to comply with applicable laws
and lawful government requests, to operate its business properly, and to
protect its users or itself. Chifeeds reserves the right to contact users of
the Service via e-mail or other means to inform them of their account status or
changes or alterations to the service, or to inform them about additional
offerings or services being provided or contemplated. Chifeeds reserves the
right at any time to change its privacy policy upon thirty (30) days notice to
users, this notice will be posted on our website.
C. Fair Use Policy. Chifeeds operates a Fair Use Policy you will not use
the service in a way that prevents or inhibits other users from enjoying the
service.
4.
Prices
Chifeeds is a FREE to use on-line product. No
charges are applied for using this service. Should anyone look to charge you
for this service please report this to info@chifeeds.com
immediately and do not make any requested payments. Chifeeds will not be
responsible for payments made and will not be responsible for re-imbursements. Chifeeds reserves the right to change it's pricing policy at any time, any changes will be communicated to you no fewer than sixty (60) days before said changes take effect.
5.
Passwords and Security
You will choose or be given all applicable passwords to use in
connection with the Service. You are entirely responsible for maintaining the
confidentiality of Your passwords and login credentials. Furthermore, You are
entirely responsible for any and all activities that occur under Your account
(including, if applicable, the accounts of each user accessing the Service by
means of an account established by You), and You shall ensure that You exit
from Your account at the end of each session. You shall notify Chifeeds
immediately of any unauthorized use of Your account (including, if applicable,
the passwords and accounts of each user accessing the Service by means of an
account established by You) or any other breach of security. Chifeeds cannot
and will not be liable for any loss or damage arising from Your failure to
comply with these requirements.
6.
Job posting
Employment agencies and employment businesses
If you are operating as a employment agency or an employment business (as
defined by the Employment Agencies Act 1973 ('the Act') it is your
responsibility to ensure that advertisements you place via Chifeeds to any
social media or websites comply with your obligations under the Act and Conduct
of Employment Agencies and Employment Businesses Regulations 2004 and or any
local Acts that apply. You agree to comply with the Act(s) and these
regulations as they affect the conduct of your business and the advertisements
you place social media or websites.
7.
Termination
Upon expiration or termination, You will immediately cease all
use of the Service, including the Chameleon-i product and any documentation.
The following provisions of this Service Agreement shall survive termination or
expiration of this Agreement: Section 2 (regarding Chifeeds ownership), 3, 8.
Termination is not an exclusive remedy and all other remedies will be available
whether or not the license granted herein is terminated. Notwithstanding the
foregoing, if You are dissatisfied with the Service, the materials available on
or through the Service, or with any of Chifeeds terms and conditions, Your sole
and exclusive remedy is to discontinue using the Service.
8.
Warranty and Disclaimer
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, AND CHIFEEDS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME COUNTRIES DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. CHIFEEDS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK, OR LOSS OF DATA THAT RESULTS FROM
USE OF THE SERVICE.
9.
Limitation of Liability
CHIFEEDS TOTAL LIABILITY WITH RESPECT TO THE SUBJECT MATTER OF
THIS SERVICE AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF
CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE
LIMITED TO THE FEES PAID BY YOU TO CHAMELEON-I FOR THE SERVICE UNDER THIS
SERVICE AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO
THE LIABILITY. NEITHER CHAMELEON-I NOR ITS LICENSORS SHALL BE LIABLE IN ANY
EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF
CHAMELEON-I HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.
Miscellaneous
This Agreement is between Chifeeds and You, and is not for the
benefit of any third party, whether directly or indirectly (including, if
applicable, any user accessing the Service by means of an account established
by You). The failure of either party to exercise, in any respect, any right provided
for herein will not be deemed a waiver of any further rights hereunder. If any
provision of this Agreement is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary so that
this Agreement will otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable or sub licensable by You except
with Chifeeds prior written consent. THIS AGREEMENT WILL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH ENGLISH LAW. YOU AND Chifeeds AGREE TO SUBMIT TO
THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN ENGLAND. You and Chifeeds
agree that any cause of action arising out of or related to this Service must
commence within one (1) year after the cause of action arose; otherwise, such
cause of action is permanently barred. Both parties agree that this Agreement
is the complete and exclusive statement of the mutual understanding of the
parties and supersedes and cancels all previous or contemporaneous written and
oral agreements, communications and other understandings relating to the
subject matter of this Agreement, and that all modifications must be in writing
signed by both parties, except as otherwise provided herein. No agency,
partnership, joint venture, or employment is created as a result of this
Agreement and You do not have any authority of any kind to bind Chifeeds in any
respect whatsoever. In any action or proceeding to enforce rights under this
Agreement, the prevailing party will be entitled to recover costs and
attorneys' fees. All notices under this Agreement will be in writing and will
be deemed to have been duly served, if personally delivered; when receipt is
electronically confirmed, if transmitted by facsimile or e-mail; the day after
it is sent, if sent for next day delivery by recognized overnight delivery
service; and upon receipt, if sent by certified or registered mail, return
receipt requested. It is the express will of the parties that this Agreement
and all related documents have been drawn up in English.
Effective 1st July 2011