TERMS AND CONDITIONS
FOR ACCESS AND USE OF THE WEB SITE
WWW.COMMERCEGATE.COM
("Web Site")
IMPORTANT
Access to and/or use of the Web Site is subject
to the following terms and conditions (“Conditions”).
Please read these Conditions carefully as your
access to the Web Site and/or use of the materials,
services and content included in it, signifies
that you have read, understand and accept, without
reservation, these Conditions.
In some cases, access to and/or use of specific
content or services accessible through the Web
Site may be subject to specific conditions that
complement or modify the present Conditions. These
specific conditions are accessible from the web
page containing the content or services to which
they relate or are provided when such content
or service is accessed. The specific conditions
will always prevail over these Conditions.
The Web Site is the property of Commerce Gate
Limited (“CG”), registered in Guernsey
with company number 43892, and with corporate
address at PO Box 90 Sydney Vane House Admiral
Park, St Peter Port, (Guernsey) GY1 4BT. If you
have any comment on these Conditions, please send
an e-mail to contact@commercegate.com.
GENERAL
1. Through the Web Site and the web pages located
in it, you may access services, products, content
and materials prepared by CG, on its behalf or
by third parties. Access to and/or use of the
Web Site is provided by CG without charge and
anonymously. If in some cases it is necessary
to process any personal data, this will be carried
out in accordance with the CG's Privacy Policy.
Click the link to review CG’s Privacy Policy.
2. You undertake to access and/or use the Web
Site, its services, products, content and materials
in accordance with these Conditions, the CG's
Privacy Policy, applicable laws and accepted principles
and practices, indemnifying CG and any third parties
for any loss or damage that may be caused by you
as a result of breaching this obligation.
3. You should consult the specific conditions
applicable to each services, products, content
and materials for the applicable requirements
for access to them.
4. The services, products, content and materials
are offered only in the languages indicated in
the Web Site.
INTELLECTUAL AND INDUSTRIAL PROPERTY
1. Copyright © Commerce Gate All rights reserved.
All services, products, content and materials
in the Web Site including, in particular but without
limitation, text, images, graphics, animations,
banners, sounds, files, software, databases, videos,
trademarks, domain names, logos, combinations
of colours, or any other element of the Web Site,
its structure, source code or design is, save
where expressly indicated, the exclusive property
of CG or its licensors. CG reserves all rights
in the Web Site, its services, products, content
and materials, authorizing only access and/or
use as expressly permitted by these Conditions.
If you consider that the use of any services,
products, content and materials protected by copyright
and other intellectual or industrial property
laws may infringe your rights or the rights of
any other person or entity, CG would appreciate
it if you could inform as soon as possible by
sending an e-mail to legal@commercegate.com. CG
would be pleased if you could state in the email
your name, email address, and the rights that
might be infringed giving evidence of the ownership
of said rights. Once received the email, CG will
investigate the matter and answer you as soon
as possible. Thank you.
2. You may not modify, manipulate, transform,
copy or reproduce in any non transitory form,
publish, disclose, extract, imitate, create derived
concepts, decompile, decode, reverse engineer,
transfer, transmit, rent out, distribute, license,
sublicense, sell or otherwise deal with the services,
products, content and materials of the Web Site
or any rights in the same, except with express
written authorization of CG. In any case, it is
forbidden to circumvent, delete or manipulate
the copyright, digital fingerprints, watermarks
or other technical protection devices or data
identifying the CG's or its licensors' rights
in the Web Site, its services, products, content
and materials.
3. Should you be interested in any transaction
or commercial activity in connection with the
services, products, content and materials of the
Web Site, please address your request to sales@commercegate.com.
4. The use over any page of the Web Site of frames
not already included within the Website is strictly
forbidden, except with prior written authorization
of CG.
LIABILITY
1. THE WEB SITE IS PROVIDED "AS IS"
WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR
A PARTICULAR PURPOSE. CG MAKES NO WARRANTY AND/OR
REPRESENTATION THAT THE WEB SITE WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICES, PRODUCTS,
CONTENT AND MATERIALS WILL BE TRUTHFUL, CORRECT,
COMPLETE AND/OR UP TO DATE, OR THAT ACCESS TO
AND/OR USE OF THE WEB SITE, ITS SERVICES, PRODUCTS,
CONTENT AND MATERIALS WILL BE UNINTERRUPTED, WITHOUT
DELAY OR ERROR, OR VIRUS FREE.
2. THE WEB SITE, FOR CONVENIENCE OF VISITORS,
MAY CONTAIN LINKS, WHETHER IN TEXTUAL OR GRAPHICAL
FORMAT, TO THIRD PARTY SERVICES, PRODUCTS, CONTENT
AND MATERIALS, PAGES OR WEB SITES WHICH ARE NOT
CONTROLLED BY CG, AND CG THEREFORE ACCEPTS NO
RESPONSIBILITY FOR THE SERVICES, PRODUCTS, CONTENT
AND MATERIALS OR THE CONDITION OF SUCH WEB PAGES
OR THEIR SERVICES, PRODUCTS, CONTENT AND MATERIALS.
THE INSERTION OF SUCH LINKS DOES NOT SIGNIFY THAT
THE CG IS AWARE OF, SHARES OR PROMOTES THE SERVICES,
PRODUCTS, CONTENT AND MATERIALS OR OPINIONS OF
THE OWNERS OF THOSE WEB SITES OR WEB PAGES. CG
DOES NOT ASSUME ANY OBLIGATION TO VERIFY OR SUPERVISE
THE SERVICES, PRODUCTS, CONTENT AND MATERIALS
OR INFORMATION CONTAINED IN WEB PAGES AND WEB
SITES ACCESSIBLE THROUGH THE LINKS ON THE WEB
SITE.
3. YOU ARE AWARE AND VOLUNTARILY ACCEPT THAT
ACCESS TO AND/OR USE OF THE WEB SITE, ITS SERVICES,
PRODUCTS, CONTENT AND MATERIALS TAKES PLACE EXCLUSIVELY
AT YOUR OWN RISK. CG WILL NOT BE LIABLE FOR ANY
USE THAT YOU MAY MAKE OF THE WEB SITE, ITS SERVICES,
PRODUCTS, CONTENT AND MATERIALS.
4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE
HEREBY EXCLUDE ALL LIABILITY IN RESPECT OF:
a) LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION,
LOSS OF PROFITS OR OTHER LOSSES, WHETHER DIRECT,
INDIRECT OR CONSEQUENTIAL;
b) ANY CLAIM MADE AGAINST YOU BY ANY THIRD PARTY;
c) ANY CLAIM, LOSS OR DAMAGE THAT MAY BE CAUSED
BY ACCESS TO AND/OR USE OF THE WEB SITE, ITS CONTENT
OR SERVICES OR BY THEIR FAILURE TO FUNCTION; AND/OR
d) CLAIMS OR LIABILITIES ARISING OUT OF ANY OF
THE FOLLOWING MATTERS:
- THE SERVICES, PRODUCTS, CONTENT AND MATERIALS
(INCLUDING WITHOUT LIMITATION ITS NATURE OR ANY
INTELLECTUAL PROPERTY RIGHTS THEREIN) OF ANY WEB
SITE OR OTHER DATA, IMAGES, SOUNDS OR SERVICES
THAT YOU MAY ACCESS THROUGH THE WEB SITE;
- LIABILITY TO ANY EMPLOYER, PRINCIPAL, CLIENT,
OR LESSOR OR PROVIDER OF COMPUTER EQUIPMENT OR
FACILITIES, ARISING OUT OF ACCESS TO AND/OR USE
OF THE WEB SITE, ITS SERVICES, PRODUCTS, CONTENT
AND MATERIALS;
- ANY CHARGES WHICH YOU MAY INCUR TO ANY NETWORK
OR ANY SERVICES, PRODUCTS, CONTENT AND MATERIALS
PROVIDER.
5. CG reserves the right to suspend, restrict
or terminate access to, modify or update the Web
Site, its services, products, content and materials
unilaterally, at any time and without prior notice.
CG will not be liable for any loss or damage resulting
from the adoption of such measures.
6. These Conditions are only available in English.
CG reserves the right to amend these Conditions
from time to time for legal reasons or due to
changes in the provision of the CG 's services,
products, content and materials or in the access
to the same or the Web Site. The up to date version
of the Conditions will always be available on
the Web Site. If you do not agree with the Conditions,
you may not access or use the Web Site, its services,
products, content and materials
ASSIGNMENT OF THESE CONDITIONS
CG may at any time assign either in whole or in
part, these Conditions or any of its rights, duties
or obligations in these Conditions to any entity
in CG’s Group without obtaining your prior
consent. If you do not agree to such variation,
your sole remedy shall be to terminate the access
to the Web Site, services, products, content and
materials or uninstall the software if any.
CHOICE OF LAW AND COMPETENT COURTS
1. In respect of any dispute arising out of these
Conditions, CG hereby submits to the jurisdiction
of the courts of the domicile of CG.
2. These Conditions shall be governed by and
construed in accordance with the law of the domicile
of CG without prejudice to the mandatory rules
of the courts hearing the matter.
3. Should any part of these Conditions be or
be found to be invalid, illegal or unenforceable,
this shall in no way affect the validity of the
remaining parts.