GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (“GTC”) govern the access to and use of Perceptica provided through Internet (“Service”) by AII Data Processing Ltd, having its seat and registered address at 20, Ivan Vazov Str., Sofia, Bulgaria, BULSTAT code 130163919, VAT registered (“Provider”). Everybody gaining an access to the on-line resources at www.perceptica.com (“Subscriber”) shall have to complete the registration form/subscription agreement and read the GTC. If the Subscriber agrees with the terms of the GTC, he shall click “I Agree” in the registration form or sign the subscription agreement. By agreeing to the GTC the Subscriber represent that he is 18 years of age or older and that the Subscriber has the authority to contract on his behalf as an individual or on behalf of the entity which he represents (e.g., business, educational institution, organization and the like). The Subscriber further warrants that the information that he has provided through the registration/subscription is true and accurate.
Art. 1 (1) Grant of Licence. Provider hereby grants to Subscriber, and Subscriber hereby accepts from Provider, a non-exclusive, non-transferable, limited right and licence to access the information resources at www.perceptica.com (“Data”), which may change from time to time. Provider may restrict access to certain information at anytime. Except as otherwise provided with respect to certain data on Service, the license includes the right to download and temporarily store insubstantial portions of Data for internal and non-commercial use only to a storage device under Subscriber’s exclusive control (i) to display internally such Data and (ii) to quote from the Data (appropriately cited and credited) in work product created in the regular course of research and work. Subscriber may also create printouts of Data for internal use and for distribution to third parties if the third parties agree not to further distribute the printouts.
(2) Limitations. Subscriber may not access, copy, download, store, publish, transmit, transfer, sell or use any part of the Service except (i) Data included in the subscription type chosen by the Subscriber in the registration form/subscription agreement, (ii) with Provider’s prior written permission, or (iii) if not expressly prohibited by these GTC or by the “Additional Terms” (as defined below). Data may not be stored in an archival or other searchable
(3) Rights in Data. Except for the license granted in these GTC, all right, title and interest in Service, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the property of Provider.
(4) Additional Terms and Conditions. Certain Data are governed by terms and conditions, including charges, which are different from those set forth in these GTC (“Additional Terms”). Subscriber will be given an opportunity to review Additional Terms by receiving notice of such Additional Terms in writing or online or by such other means as Provider may determine. Additional Terms may be modified effective upon Provider giving Subscriber notice (in writing, online or otherwise) of the modification. By using Data governed by Additional Terms, Subscriber agrees to, and will be obligated to comply with, all such Additional Terms as well as the provisions in these GTC. All Additional Terms will be considered part of these GTC.
REGISTRATION AND USER ACCOUNTS
Art. 2 (1) The Subscriber is given passwords and user names by the Provider in order to be registered in the Service.
(2) The passwords and user names are for personal use only and cannot be assigned to any third party. Each password and user name should be assigned to one person only (e.g. being the Subscriber employee), and should not be assigned to any third party. Any actions of third parties using Subscriber’s password and/or user name shall be deemed actions of the Subscriber.
(3) Subscriber agrees to immediately notify Provider in the event of a loss or unauthorised usage of his password and user name, or is aware of a possible or actual unauthorised use of Service.
Art. 3. Subscriber hereby assumes the obligation to pay Provider all monthly fees incurred on Services under Subscriber’s personal password. Fees for use of Service will be billed at then-current rates. The amount of the monthly fees corresponds to the subscription period chosen multiplied by the monthly fee, relevant at the time of subscription. The subscription period commences when the user account is activated by the Provider. Fees are exclusive of sales, value added tax (VAT), bank charges or equivalent, ad valorem, personal property and other taxes, which are the responsibility of Subscriber. All collection fees, including but not limited to attorneys fees, are payable by Subscriber. Provider fees are non-refundable.
SUSPENSION AND TERMINATION OF THE ACCESS
Art. 4 (1) Provider will suspend the access to Provider product in the following cases: (i) in case that there are force majeure circumstances; (ii) in case of technical repairs for which Subscriber will be informed in advance; (iii) Subscriber has not paid the due fees.
(2) After termination of the above-mentioned circumstances the access to Provider product is restored.
Art. 5 Provider terminates the access to Provider products in the following cases: (i) violation of any GTC by Subscriber; (ii) termination of the effect of the GTC, according to section 8; (iii) disagreement of Subscriber with amendments at the GTC, addressed to Provider.
RISKS AND LIMITATION OF RESPONSIBILITY
Art. 6 (1) Provider will do its best to decrease the risks of providing incomplete and inaccurate information to Subscriber. Provider is not responsible for any errors or omissions, for the results obtained from the use of the Data or such information, or for delays or interruptions in the Service. There are no express or implied warranties including, without limitation, warranties of merchantability or fitness for a particular purpose or use with respect to the Service or any information available through the Service. The sole remedy of Subscribers to the Service in the event of a breach of this GTC by Provider shall be to terminate this GTC and obtain a refund of a pro-rata portion of any prepaid fees based on the date of termination. The provisions of this section 6 will survive any termination of the Subscriber agreement.
(2) Provider, its agents and employees are not responsible for direct and indirect damages caused by: (i) incompleteness and inaccuracies in the Data; (ii) delays, interruptions and/or errors in transmission of any part of the Service; (iii) any lost profits or other consequential, exemplary, incidental, indirect or special damages relating in whole or in part to Subscriber’s rights under these GTC or use of, or inability to use, Data or Service, even if Provider, its affiliates and/or contributors have been advised of the possibility of such damages; (iv) failure in the electronic equipment, unauthorized access, strikes, system failures, bad weather as well as any other circumstances, which are out of Provider’s control; (v) maintenance, losing or forgetting passwords and user names. Subscriber acknowledges that provision of the Service entails the likelihood of some human and machine errors, delays, interruptions and losses, including the inadvertent loss of data or damage to media.
Art. 7 These GTC are prepared in correspondence to legislation applicable in the country of registration of Provider, and Subscriber may bring claims in the court in the country of registration of Provider.
TERMINATION OF GTC
Art. 8 (1) These GTC will become effective when Subscriber clicks on “I Agree” or sign the subscription agreement and shall continue for the period set out in the registration form.
(2) Without prejudice to any rights of either party, these GTC may be terminated: (i) in the event of a party committing any breach of these GTC which is remediable and not remedied within seven days of written notice from the other party requiring such remedy; (ii) immediately on written notice being given by a party if the other party commits any irremediable breach of these GTC or repeats any breach as has previously been the subject of a notice under item (i) above.
AMENDMENTS AND COMPLEMENTS OF THE TERMS AND CONDITIONS
Art. 9 (1) Only Provider is competent to amend and complement these GTC. Provider has the right to amend the GTC at any time upon notice published over the Service. Subscriber may review the GTC applicable to then current use by clicking the “General Terms and Conditions” button on the home page. Subscriber should click “General Terms and Conditions” each time of accessing the Service to review a copy of the then current GTC. By using the Service after any change to the GTC is posted on the Service Subscriber will be deemed to be bound by all of such changes.
(2) Subscriber cannot declare that certain terms do not have effect upon him. Subscriber is obliged to execute his activities according to latest amendments in the GTC. If Subscriber does not agree with the amendments and complements, Subscriber may reject them in writing within thirty days after modification of GTC.
OPERATION OF THE TERMS AND CONDITIONS
Art. 10 (1) These GTC shall be applicable also with regard to Subscriber, who use free of any fees the resources provided by the free web-pages of the Service. (2) These GTC shall be applicable with regard to Subscriber from the moment of the opening of the Service.
Art. 11. This is the entire agreement between the parties with respect to the right to access and use the Service. It supersedes all prior agreements. Neither these GTC nor any part may be assigned, sublicensed or otherwise transferred by the Subscriber without Provider’s prior written consent. If any provision of these GTC found to be void, invalid, unenforceable, or illegal, the validity and enforceability of the other provisions will not be affected. Provider’s failure to insist at any time upon strict compliance with these GTC, or any delay or failure on Provider’s part to exercise any power or right given to it in the GTC at no time operate as a waiver of such power or right. The headings and captions contained are inserted for convenience only and do not constitute a part of the GTC. Notice may be given by Provider through the Service including, without limitation, via e-mail or posting for access under “General Terms and Conditions” on the home page or by mail to the last address given by the
Subscriber to Provider.
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