MIGPORT TERMS OF SERVICE
Thank you for downloading the MigPort application. MigPort application enables you to interact with services on the MIGPORT website [www.migport.com] or in the MigPort application. The functions you have access to by downloading and using the MigPort application will be hereinafter referred to as “the Services”. You can find information about the Services at www.MigPort.com. The Services will be provided to you by [local MigPortentity name] of [local MigPortentity address] and with VAT number [local MigPort entity VAT number] (hereinafter referred to as “the Organization”).
By downloading and starting to use the MigPort application, you agree that you have read, understood and accepted these Terms of Service (hereinafter referred to as “the Terms of Service” or “the Terms”). If you do not accept these Terms, you may not use the MigPort application or the Services.
1. Use of Services
You can use the Services if you have the legal capacity required by the law you are subjected to, for entering into a contract and you are not a person legally barred from the Services under the laws of a country having jurisdiction over you. You may be required to give your current and correct personal information, contact details and other information as part of the registration to be able to access to specific services and/or continue the use of the Services.
Use of the MigPort application and the Services requires you to open a user account (“User Account”). You hereby agree and undertake that the all information you give by creating your User Account is true and valid. You will be responsible for the protection of the confidentiality of your User Account passwords and for the actions taken in your User Account. Subject to Section 14.2 and 14.3, the Organization will not have any liability for any loss or damage resulting from your failure to keep your password confidential or any incorrect information you give while creating your User Account.
You must have both internet access and a Device in order to use the MigPort application and the Services. The technical requirements concerning the use and support of the MigPort application can be found here: www.MigPort.com. You are responsible to acquire and maintain any connection and equipment needed for the use of the MigPort application and the Services and any costs associated with such connection and equipment.
2. Amendment to the Terms
The Organization may amend or modify these Terms from time to time. The Organization will inform you of any such amendment or addition to these Terms, and provide you with a copy of the new version through your e-mail address you provided to the Organization or by another means allowing you to be informed about any amendment to the Terms of Service. In relation to amendments or modifications of these Terms that are reasonably acceptable to you, e.g. because they are required to comply with the law or to enhance the Services or because they do not amend the overall scope and conditions of the Services to your disadvantage, you will be deemed to have accepted the amended Terms by continuing to use the Services. In respect of any other change to these Terms, you will be deemed to have accepted these changes unless you object to the changes within fourteen (14) days from our notification of the changes, provided that we have made you aware of the consequences of a lack of objection in such notification.
You understand and accept that all information, data, text, software, music, sound, audio, photographs, graphics, video, message or other material appearing on this site (collectively, “Content”) are under the sole responsibility of the owner, intellectual property owner or intellectual property licensee of the Content. The Organization reserves the right (but has no obligation) to pre-screen, flag, filter, refuse, modify or remove any Content that is available via the Services.
You agree that you are solely responsible for any Content that you create, transmit or display while using the Services and for the consequences of your actions by doing so. You agree that you will not use the Services in any unlawful or immoral manner, or in any manner inconsistent with the intended purposes of these Terms. You shall not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services.
Use of specific Services may be subject to special policies or principles specific to such Services, which will be notified to you prior to you accessing the relevant Services, in addition to these Terms.
5. Intellectual Property Rights and Other Proprietary Rights
You acknowledge and agree that the MigPort application, the Services and the software used in connection with the Services (hereinafter referred to as “the Software”) contain proprietary and confidential information that is protected by applicable intellectual property laws, agreements and other laws. You further acknowledge and agree that the Content contained in sponsor advertisements and presented to you through the Services is protected by copyrights, brands (such as trademarks or service marks), patents or other proprietary rights and laws. Except as expressly authorized by law, the Organization or other proper third party rights holders in a separate written agreement, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content, the Services or the Software, in whole or in part.
Subject to these Terms, the Organization grants you a personal, non-transferable and non-exclusive right and license to use the Services and the Software, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by the Organization in writing. You agree not to use modified versions of the Services or the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services or the Software. You agree not to access the Services or the Software by any means other than through the interface that is provided by the Organization for accessing the Services and the Software except as specifically authorized by the Organization in a separate written agreement.
Except as expressly authorized by the Organization or permitted by law, you agree not to use, copy, imitate, or incorporate any brand including trademark and service mark, any trade dress, organization name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter the Organization’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services or the Software.
6. MigPort Application and Software Updates
The Organization makes available to you Software upgrades from time to time to update, enhance and further develop the Services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions. You will need to upgrade the Software for the MigPort application manually upon Organization’s notification of available upgrades. However, the Organization does not undertake to upgrade the Software in any manner.
7. Non-Commercial Use
You agree not to use, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services except as otherwise expressly provided in these Terms or permitted by law.
8. Modifications to the Services
The Organization reserves the right from time to time to modify the Services (or any part thereof) with or without notice, provided that it is reasonable to do so and will have no significant effect on the overall scope of the Services. In the event the changes have a significant effect on your use of the Services, you will be notified of such changes.
9. Withdrawal of Consent and Termination of the Use of Services
You can view the latest “MigPort Terms of Service” that you have accepted on the Device with which you access the Services and can withdraw your consent by deactivating the tickbox or sending an e-mail to us at [xxxxx]. In this case, you may not be able to use all features of the Services.
You may discontinue your use of the Services at any time. Organization has the right to terminate your User Account, and your access to the Services, on two (2) weeks’ prior notice.
The Organization may provide, or third parties may provide, links to other websites or resources. The Organization may have no control over such sites and resources and you acknowledge and agree that the Organization is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that, subject to Section 14, the Organization shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Third Party Services, Devices, Products and Software and Liability of the Organization
Sometimes when you use the Services or the Software, you may (as a result of, or through your use of the Services) use or purchase a service, device, product or software, which are provided by a third party. Your use of these other services, products, devices or software is subject to separate terms between you and the organization or person concerned. The Terms do not affect your legal relationship with these other companies or individuals, and the Organization shall not have any liability or responsibility for any service, product or software which is made available by a third party.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. WHEN YOU ACCESS AND USE THIRD PARTY SERVICES, PRODUCTS, DEVICES OR SOFTWARE, YOU DO SO AT YOUR OWN RISK. IN RELATION TO THIRD PARTY SERVICES, AND SUBJECT TO SECTION 14, THE ORGANIZATION EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. THE ORGANIZATION DOES NOT WARRANT OR GUARANTEE THAT: (i) THE THIRD PARTY SERVICES, DEVICES, PRODUCTS OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE THIRD PARTY SERVICES, DEVICES, PRODUCTS OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE THIRD PARTY SERVICES, DEVICES, PRODUCTS OR SOFTWARE WILL BE CORRECT OR RELIABLE; (iv) YOU WILL BE SATISFIED WITH THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE THIRD PARTY SERVICES, DEVICES, PRODUCTS OR SOFTWARE; AND (v) ANY ERRORS IN THE THIRD PARTY SOFTWARE WILL BE CORRECTED.
C. THE ORGANIZATION DOES NOT WARRANT OR GUARANTEE THAT THE PERSONAL INFORMATION COLLECTED BY THIRD PARTIES THROUGH YOUR USE OF ANY THIRD PARTY SERVICES, DEVICES, PRODUCTS OR SOFTWARE WILL BE HANDLED APPROPRIATELY. YOUR DISCLOSURE OF ANY PERSONAL INFORMATION TO ANY THIRD PARTY IS DONE AT YOUR OWN DISCRETION AND RISK.
13. Disclaimers of Warranties
SUBJECT TO SECTION 14, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. THE ORGANIZATION DOES NOT WARRANT THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE AT ALL TIMES; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE AT ALL TIMES; AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED IMMEDIATELY.
B. THE ORGANIZATION DOES NOT WARRANT OR GUARANTEE IN ANY MANNER TO PROVIDE THE SERVICES OR THE SOFTWARE FOR AN UNLIMITED PERIOD OF TIME OR FOR A DEFINITE PERIOD.
14. Limitation of Liability
14.1. SUBJECT TO SECTION 14.3 AND EXCEPT WHERE DAMAGES FALL WITHIN ORGANIZATION’S LIABILITY UNDER SECTION 14.2, THE ORGANIZATION SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING:
A. DAMAGES FOR LOSS OF INCOME, BUSINESS, ACTUAL OR EXPECTED PROFIT, BUSINESS OPPORTUNITIES, GOODWILL OR REPUTATION;
B. ANY LOSS OR DAMAGE RESULTING FROM:
I. ANY BREACH OF THESE TERMS OR ANOTHER AGREEMENT OR CONTRACTUAL RELATIONSHIP BETWEEN YOU AND THE ORGANIZATION DUE TO ANY REASON ATTRIBUTABLE TO YOUR NEGLIGENCE;
II. USE OF YOUR ACCOUNT INFORMATION BY ANY PERSON OTHER THAN YOU (WHETHER THIS USE HAPPENS WITH OR WITHOUT YOUR KNOWLEDGE). YOU WILL BE LIABLE TO RESPONSIBLE TO THE ORGANIZATION, FOR ALL CONSEQUENCES AND/OR DAMAGES THAT MIGHT ARISE FROM THE USE OF YOUR ACCOUNT INFORMATION BY ANY THIRD PARTY DUE TO YOUR WILLFULNESS OR NEGLIGENCE.
14.2. IF THE ORGANIZATION IS HELD LIABLE DUE TO ANY BREACH OF THESE TERMSOF SERVICE, THE LIABILITY OF THE ORGANIZATION SHALL, SUBJECT TO SECTION 14.3, BE LIMITED TO THE DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF THE ORGANIZATION’S BREACH OF THESE TERMS OF SERVICE OR THE ORGANIZATION’S NEGLIGENCE, BUT THE ORGANIZATION IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF THEY WERE AN OBVIOUS CONSEQUENCE OF THE ORGANIZATION’S BREACH OR IF THEY WERE CONTEMPLATED BY YOU AND THE ORGANIZATION AT THE TIME THAT THESE TERMS OF SERVICE BECAME BINDING ON YOU AND THE ORGANIZATION.
14.3. NOTHING IN THESE TERMS OF SERVICE EXCLUDES OR LIMITS THE LIABILITY OF THE ORGANIZATION FOR DEATH, PERSONAL INJURY, FRAUD OR PRODUCT LIABILITY, AS WELL AS WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
IF THE LAWS OF THE COUNTRY WHERE THE USER RESIDES DO NOT ALLOW THE EXCLUSION OF ANY CERTAIN WARRANTIES AND CONDITIONS, OR LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, BREACH OF IMPLIED TERMS, OR LIMITATION OR EXCLUSION OF LIABILITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, ONLY THE LIMITATIONS LAWFUL IN THAT JURISDICTION SHALL BE VALID FOR THE USER, AND THE LIABILITIES AND WARRANTIES OF THE ORGANIZATION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. No Third Party Beneficiary
You agree that, except as otherwise expressly provided in the Terms or applicable laws, there shall be no third party beneficiaries to these Terms.
16. Force Majeure
The Organization shall not be held liable for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events beyond its reasonable control, and includes in particular (without limitation), (a) impossibility to use public or private telecommunication networks; (b) the acts, decrees, legislation, regulations or restrictions of any government or (c) civil commotion, riot, invasion, wars (whether declared or not) or natural disasters.
You agree that the Organization may send you notices relating to any amendment to the Terms or necessary announcements on the Services by means of e-mail.
The Services also may be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Organization, affiliate services, third-party content or third-party software.
Dispute Resolution Proceedings. Organization does not participate in dispute resolution proceedings before a consumer arbitration board.
European Commission Online Dispute Resolution Platform: The European Commission provides an online platform for dispute resolution. If you wish to have more information, please follow this link http://ec.europa.eu/consumers/odr/. This link is provided for information purposes only. The Organization is not obliged to participate in online dispute resolution.
Choice of Law and Forum. The Terms and the relationship between you and the Organization shall be governed by English law. Notwithstanding the foregoing, mandatory consumer protection laws in your country of residence shall remain unaffected. You can bring legal proceedings in respect of these Terms of Service in the English courts, provided that: (i) if you live in Scotland you can also bring legal proceedings in respect of the these Terms of Service in the Scottish courts; (ii) if you live in Northern Ireland you can also bring legal proceedings in respect of these Terms of Service in the Northern Irish courts; and (iii) if you are resident in the European Union you will benefit from any mandatory provisions of the law of the country in which you are resident (notwithstanding any provision to the contrary in these Terms) and you may be entitled to bring proceedings in respect of these Terms in the local courts of your jurisdiction.
Waiver and Severability of Terms. The failure of the Organization to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms shall remain in full force and effect.
Date of Issue: 25 April 2019