T&Cs


Gabbisoft Ltd

 

Terms of Service

ConstructionClouds Standard Software License Agreement

Gabbisoft Ltd provides access to ConstructionClouds services pursuant to the following terms and conditions. These ConstructionClouds Terms of Service apply to both individuals and Registered Entities (as defined below), and are effective immediately upon your clicking the "Continue" button with the "I have read and agree to the Terms of Service applicable to my country" check box checked, or upon accessing the service for which these Terms of Service have been accepted on your behalf. You may not use the service until you or an authorised entity or individual who has granted you access, has read and accepted all of the Terms of Service. As used in the Terms of Service, the terms "you", "your" or "user" all refer to both the person using the service in any way, including those registered as, for, or on behalf of a corporate entity, such as a company, business, affiliated entities, corporation, government agency, or other business entity (“Registered Entity”) (i.e., not as an individual) and its employees, subcontractors, affiliates, and all other persons or entities permitted to access and use the service in any way.

 

1.       Services Provided by Gabbisoft Ltd.

1.1     Grant of License, Permitted Uses, and Restrictions on Use.

Subject to these Terms of Service (including all policies linked to it), Gabbisoft Ltd ("Gabbisoft") hereby grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your own internal business purposes. All rights not expressly granted to you herein are reserved by Gabbisoft and its licensors. You are authorised to access and use the Service and to otherwise freely use all tools, features, and capabilities of the Service in accordance with these Terms of Service. Gabbisoft or its subcontractors will provide ConstructionClouds, a web-based service that allows you to store, retrieve, organise and share data (the "Service"). In order to use the Service, you are responsible at your own expense to acquire access to the World Wide Web, either directly or through devices that access web-based content, and to pay any service fees associated with such access. In addition, you agree to provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You shall not attempt to access any other of Gabbisoft's systems, programs or data that are not made available for public use by Gabbisoft.

 

2.       Fees.

2.1     General.

You agree to pay any applicable fees for the Service plan described on your account page. If Gabbisoft becomes aware that you have exceeded your usage plan limits, Gabbisoft reserves the right to charge you for such usage and you agree to pay such additional fees as required under these Terms of Service. Gabbisoft reserves the right to change fees for the Service at any time, at its discretion, with notice to you.

 

2.2     Registration and Fees.

Users may have the option to either pay (a) monthly or (b) annually. Fees shall be due and payable to Gabbisoft by credit card or, for annual (BACS)payments only, in advance on the invoice date as displayed in the Service. Gabbisoft reserves the right to suspend the accounts of Users who fail to make payments on their plan(s). All fees are non-refundable, in whole or in part, even if the Service is suspended, cancelled or transferred prior to the end of your monthly or annual plan.

 

3.       General Practices Regarding Use and Storage.

You acknowledge and agree that Gabbisoft, in its sole discretion, with or without notice, may establish or revise from time to time general practices and limits concerning your use of the Service, including without limitation, establishing the maximum amount of storage space you have on ConstructionClouds at any time, as well as limiting the amount of bandwidth you may use with the Service in a given period of time. For purposes of this Section 3, bandwidth is defined as the total amount of data downloaded from and uploaded to the ConstructionClouds server in a given period of time. In addition, Gabbisoft may limit without notice the volume of e-mail forwarding or file downloading from your database in response to unreasonable activity (such as spamming or hosting a publicly accessible exchange of large data files). You agree that Gabbisoft has no responsibility or liability for the deletion, corruption, or alteration of, or failure to store any messages and other communications or other information, data, text (including but not limited to names of files, databases, directories and groups/workgroups of the same), software, music, sound, photographs, graphics and video provided by you (collectively referred to as "Content") and maintained or transmitted by the Service.

 

4.       Links.

The Service, other Service users, or third parties may provide links to other World Wide Web sites or resources. Because Gabbisoft has no control over such sites and resources, you acknowledge and agree that Gabbisoft 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 Gabbisoft 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.

 

5.       Privacy.

For details of Gabbisoft's Privacy Statement relating to the ConstructionClouds Service, click here. Questions about Gabbisoft’s Privacy Statement, information practices or other aspects of privacy should be directed to support@constructionclouds.com or Gabbisoft Ltd., Customer Communications, 33 Wingfield Drive, Potton, SG19 2GQ, United Kingdom.

Gabbisoft’s core business is web based and so is effectively a global company and may collect, store, and process personal information, and transfer it to, multiple countries around the world, including countries outside the European Economic Area or your country, as applicable, that may be deemed to have inadequate protections by the European Union Data Protection Authorities, or your country laws. You also agree that such personal information as may be stored on servers in countries outside the European Economic Area will be subject to the laws of those countries.

6.       Your Responsibilities.

6.1     Your Registration Obligations.

In consideration for your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself in the required fields as prompted by the Service's registration form(s) (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Gabbisoft has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gabbisoft may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

 

6.2     Acceptable Use Policy.

You agree to comply with Gabbisoft's then-current Acceptable Use Policy as posted from time to time. By submitting any Content to Gabbisoft, you warrant that: (i) you are the owner of such Content, or have all the rights necessary to submit such Content to Gabbisoft, and (ii) the use of such Content by Gabbisoft and its members will not infringe or misappropriate the intellectual property rights of or otherwise violate the rights of any third party.

 

6.3     Restrictions.

You agree not to copy, sell, rent or sublicense (including offering the Service to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Service, use of the Service, or access to the Service. Such restrictions do not apply to the Content you place on the Service. You agree not to access the Service by any means other than through the interface that is provided by Gabbisoft for use in accessing the Service.

 

6.4     Concurrent Usage Prohibited.

A single username or password may not be used by more than one User. In addition, Users may log into ConstructionClouds from only one location at any given time – concurrent usage (or sign in) under a single username is prohibited.

 

7.       Proprietary Rights.

 

7.1     Content Submitted to the Service.

You acknowledge and agree that Gabbisoft does not pre-screen Content, but that Gabbisoft and its designees, contractors or subsidiaries (i) shall have the right (but not the obligation) in their sole discretion to refuse or to remove any Content that is available via the Service, and (ii) are not responsible for such Content. Without limiting the foregoing, and without notice to you, Gabbisoft and its designees shall have the right to remove any Content that violates the Terms of Service, is otherwise deemed objectionable by Gabbisoft in its sole discretion, or to which an allegation of infringement of intellectual property rights has been made, in accordance with the procedure set forth in the Digital Millennium Copyright Act (“DMCA”). You agree that you shall evaluate, and bear all risks associated with the use of any Content including any reliance on the accuracy, completeness, or usefulness of such Content.

 

7.2     Proprietary Rights.

 

7.2.1   Gabbisoft Proprietary Rights.

You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and you agree not to disclose such information to any third party without Gabbisoft's prior permission. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

 

7.2.2   Your Proprietary Rights.

You grant Gabbisoft the right to use Content inputted by you into the Service only to the extent that Gabbisoft needs to use such Content to provide the Service. Gabbisoft does not obtain any right, title or interest in your Content, except as specifically granted herein in order to provide or improve Service to you.

7.2.3   You acknowledge that Gabbisoft will collect and use certain aggregate metadata as part of providing and analysing the Service from time to time.

 

8.       Confidentiality

Each party who accesses and uses the Service and Gabbisoft (together the "parties") shall keep in confidence all of the information maintained by the Service ("Confidential Information"). The parties shall take reasonable care to prevent unauthorised disclosure or use of the Confidential Information, but in any case not less than the care it takes to protect its own Confidential Information. The parties shall not disclose Confidential Information to any person or entity other than its affiliated entities, officers, employees, consultants, auditors and attorneys who need access to such Confidential Information, and who are subject to confidentiality obligations with such party. The parties shall return (or delete in case of electronic copies of such information) any and all Confidential Information, and all copies thereof, upon the other party's request provided that (i) as to your active Service data and the Content contained therein, you may delete data per standard Service procedures, or only upon e-mail or other written instruction by your account administrator; and (ii) as to backed-up Service data and the Content contained therein, such Service data and/or Content will be automatically deleted over time pursuant to Gabbisoft's standard back-up procedures for the Service. The parties shall immediately give notice to the other party of any unauthorised use or disclosure of the other party's Confidential Information.

Gabbisoft may disclose or report Confidential Information in limited circumstances where it believes in good faith that disclosure is required under the law. For example, Gabbisoft may be required to disclose Confidential Information to cooperate with regulators or law enforcement authorities, to comply with a legal process such as a court order, subpoena, search warrant, or a law enforcement request.

Do NOT use ConstructionClouds to collect and store credit card numbers. Credit card numbers must be stored pursuant to PCI compliance guidelines, and ConstructionClouds is not PCI compliant.

 

9.       Audits

Gabbisoft shall reasonably cooperate with you (at your cost) or with an applicable regulatory authority in connection with the examination of your Content or other data in your ConstructionClouds accounts by such applicable regulatory authority in connection with an audit or other formal proceeding by such regulatory authority.

 

10.     Registered Entities.

If you are a Registered Entity and permit your affiliates, subsidiaries, employees, and/or any third party located outside of the territorial boundaries of United Kingdom, Canada, Japan and/or the United States to access and/or use the Service and/or your Content, you shall be solely responsible for (i) their acts and/or omissions in connection with their access and/or use of the Service and (ii) ensuring that their access and/or use of the Service is in compliance with these Terms of Service, and any and all applicable local laws, rules and regulations. You agree to fully indemnify Gabbisoft and its affiliates, subsidiaries, licensors, and online service providers (collectively, "Representatives") for any liability, fines, penalties, costs, claims and/or damages incurred by Gabbisoft and/or the Representatives in connection with any claim related to the access and/or use of the Service and/or your Content by you, your affiliates, subsidiaries, employees or any third-party authorised by you. You agree to notify Gabbisoft immediately upon discovery of any unauthorised access or use of the Service, or any password or account, or any known or suspected breach of security in connection with the Service.

 

11.     Modifications to the Service or Agreements.

Gabbisoft reserves the right at any time and from time to time to modify the Service (or any part thereof) with or without notice. We may assign a specific URL for your use with ConstructionClouds. You understand and agree that we have the right to modify or retire that URL at any time, with reasonable notice to you. In such case, we may assign you a replacement URL. Should Gabbisoft choose to permanently discontinue the Service, Gabbisoft (i) will send notification to your Account Administrator via e-mail at least sixty (60) days prior to such discontinuance and (ii) will post notification of this decision on the Service web site at least thirty (30) days prior to such discontinuance. In such instance, you will be responsible for retrieving your data from the Service during that sixty (60) day period. You agree that Gabbisoft shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, or for any resulting loss or destruction of any Content that you place on the Service. Gabbisoft may specify from time to time the version(s) of related products required in order to use the Service (e.g., supported browser versions). Gabbisoft may periodically modify these Terms of Service. In the event Gabbisoft modifies the Terms of Service, Gabbisoft will post it to the Service web site and promptly thereafter, notify your Account Administrator via e-mail that such posting has been made. Your continued use of the Service after such modification shall constitute your acceptance of the Terms of Service with the new modifications. If you do not agree to any of such changes, you may terminate the Terms of Service and immediately cease all access and use of the Service. In addition, Gabbisoft may at any time introduce separate Terms of Service for users in certain jurisdictions and require users in these jurisdictions to agree to the separate Terms of Service. In all cases, you and all users agree that termination of the Terms of Service, and any separate Terms of Service, and cessation of all access and use of the Service would be the exclusive remedy if you and such users do not wish to comply with the Terms of Service provided by Gabbisoft.

 

12.     Term and Termination.

12.1   Term.

The Term of Service shall be effective upon registration and thereafter shall continue on a month-to-month basis or annual basis, as applicable, until terminated with thirty days (30) days' written notice by either party, or until terminated as specified below.

 

12.2   Termination by Gabbisoft.

You acknowledge and agree that Gabbisoft in its sole discretion, may suspend or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the Service, without prior notice and for any reason, including if you engage in any conduct that Gabbisoft believes: (a) violates the letter or spirit of any term or provision of the Terms of Service, (b) violates the rights of Gabbisoft or third parties, or (c) is otherwise inappropriate for continued access and use of the Service. In addition, Gabbisoft reserves the right to terminate any membership account if that account has been inactive for greater than three hundred and sixty-five (365) days. You agree that upon termination, Gabbisoft may delete all files and information related to your account and may bar your access to your account and the Service. At your written request and expense, Gabbisoft will provide you access to the most recent data from your account for retrieval purposes for a period of two (2) business days prior to deletion. Notwithstanding the foregoing, Gabbisoft will not provide you access to the most recent data from your account if Gabbisoft believes that such data violates the rights of Gabbisoft or third parties. Further, you agree that Gabbisoft shall not be liable to you or any third party for any termination of your access to the Service.

 

13.     Disclaimer of Warranties; Indemnity; LIMITATION OF LIABILITY.

13.1   Disclaimer.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a)      YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GABBISOFT AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES 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)     GABBISOFT AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN REVENUES OR PROFITS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. WHILE GABBISOFT WILL USE COMMERCIALLY REASONABLE EFFORTS TO PREVENT UNAUTHORISED ACCESS TO DATA ENTERED INTO "RESTRICTED FIELDS" WITHIN THE SERVICE, GABBISOFT AND ITS SUPPLIERS MAKE NO WARRANTY THAT SUCH FIELDS WILL BE SECURE AGAINST UNAUTHORISED ACCESS OR OTHER SECURITY BREACHES. GABBISOFT AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. GABBISOFT EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SERVICE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.

(c)     ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d)     NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GABBISOFT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

 

13.2   Representations and Warranties.

You represent that, to the best of your knowledge and belief, your use of the Service does not directly or indirectly infringe the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your registration is accurate and reliable.

 

13.3   Indemnity.

Gabbisoft will defend and indemnify the Registered Entity or individual who has accepted the Terms of Service against any action brought against such Registered Entity or individual by a third party to the extent that it is based upon a claim that the Service, as provided by Gabbisoft to you under this Terms of Service and used within the scope of the Terms of Service, infringes any UK copyright, trademark or trade secret, and will pay any costs, damages and reasonable solicitors fees attributable to such claim that are awarded by a UK court of law either by final judgment or settlement against such Registered Entity or individual.

You agree to indemnify and hold harmless Gabbisoft, its subsidiaries and affiliates, and its and their directors, officers, agents and employees ("Indemnitees"), from any claim or demand, including reasonable solicitors fees, made by any third party due to or arising out of your Content; your use of the Service; your connection to the Service; your violation of the Terms of Service; or your violation of any proprietary or other rights of another. You further agree and acknowledge that the Indemnitees are not liable or responsible in any way for any errors, omissions or any other actions arising out of or related to your use of the Service. You further agree to indemnify, defend and hold harmless the Indemnitees from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your use of the Service, or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of any term of the Terms of Service by you or users of your account.

 

13.4   Limitation of Liability.

(A)     YOU EXPRESSLY UNDERSTAND AND AGREE THAT GABBISOFT AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GABBISOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

(B)     YOU ALSO AGREE THAT GABBISOFT WILL NOT BE LIABLE FOR ANY (a) INTERRUPTION OF BUSINESS, (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THIS SERVICE ; (c) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) UNAUTHORISED ACCESS TO DATA ENTERED IN, OR BREACH OF ANY SECURITY MECHANISMS UTILISED IN, THE SERVICE OR IN ANY RESTRICTED FIELD THEREIN; OR (e) EVENTS BEYOND GABBISOFT'S REASONABLE CONTROL.

(C)     IN NO EVENT SHALL GABBISOFT'S MAXIMUM AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY YOU TO GABBISOFT FOR THE SERVICE, TO A MAXIMUM AMOUNT EQUAL TO SERVICE CHARGES FOR SIX (6) MONTHS OF THE SERVICE.

 

13.5   Exclusions and Limitations.

SOME AREAS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13.1 AND 13.4 MAY NOT APPLY TO YOU.

 

14.     General Information.

(A)     THE SERVICE IS NOT OFFERED OR AVAILABLE TO PERSONS UNDER THE AGE OF THIRTEEN (13). Notices to you may be made via either e-mail, regular mail, overnight courier or facsimile at your contact addresses of record for the Service.

(B)     The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service. If you provide notice to Gabbisoft, such notice shall be sent to: Gabbisoft Ltd., Unit 1 Church Farm, Church Street, Dunton, Bedfordshire, SG18 8RR, United Kingdom.

(C)     The Terms of Service (and the policies linked to them) constitute the entire agreement between you and Gabbisoft and governs your use of the Service, superseding any prior agreements, understandings, negotiations, and discussions, whether oral or written, between you and Gabbisoft (including, but not limited to, any prior versions of the Terms of Service) with respect to the subject matter herein. Notwithstanding the content of any purchase order, sales order, sale confirmation, or any other document relating to the subject matter herein, the Terms of Service shall take precedence over any such document, and any conflicting, inconsistent, or additional terms contained therein shall be null and void. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Gabbisoft services, third-party content or third-party software.

(D)     Except as otherwise provided herein, the Terms of Service shall be governed by the laws of England and Wales without regard to its conflict of law provisions. Except as otherwise provided in the Terms of Service, you and Gabbisoft agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bedfordshire, England, United Kingdom. The Terms of Service, the ConstructionClouds Privacy Statement, and the Acceptable Use Policy are in English, which shall be the controlling language of the agreement with you with respect to the Service, and you agree that you fully understand the terms of the same. In addition, all enquiries, support related or otherwise, regarding the Service should be submitted to Gabbisoft in English, and Gabbisoft will respond to such enquiries in English only.

(E)     The Terms of Service do not limit any rights that Gabbisoft may have under trade secret, copyright, patent, trademark or other laws. The failure of Gabbisoft to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

(F)     The Terms of Service will inure to the benefit of Gabbisoft and its successors and assigns.

(G)    With respect to any acquisition or use of the Service by or for any unit or agency of the British Government (the "Government"), the Service shall be classified as "commercial computer software". The Service was developed entirely at private expense, and no part of the Service was first produced in the performance of a Government contract. The contractor/manufacturer is Gabbisoft Ltd., 33 Wingfield Drive, Potton, SG19 2GQ, United Kingdom.

(H)    All representations, warranties, Sections 5, 7.2, 8, 12, 13, and 14 in the Terms of Service shall survive the termination of your account or access to the Service.

(I)    Gabbisoft does not represent that information on the website for the Service is appropriate or available for use in all countries. Gabbisoft prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.

(J)    Language. Any translation of these Terms of Service is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of these Terms of Service shall govern. The parties hereby confirm that they agree that these Terms of Service and all related documents be drafted in English.

(K)    Export Restrictions. You acknowledge that the Service, including the mobile application, and the underlying software may include UK technical data subject to restrictions under export control laws and regulations administered by the British government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Service, in violation of these laws and regulations, directly or indirectly.

 

©Gabbisoft Ltd. All rights reserved. March 19 2013.

Last Updated: 21st December 2014