ENG Terms of Service
Last updated: 09/05/2019
This Terms of Service is an electronic agreement between you (hereinafter referred to as the User) and TELE LINK SOFT (TLS) CY LTD, Vasilissis Freiderikis 9A, 1066, Nicosia, Cyprus , collectively the Parties, that applies to use of my.kickidler.com and/or kickidler.com web-site (hereinafter referred to as Site) as well as all services and products provided by TELE LINK SOFT (TLS) CY LTD. Hereinafter, the terms “we”, “us” and “our” refer to by TELE LINK SOFT (TLS) CY LTD.
Please read these Terms of Service carefully before accessing or using our website and/or our services. By accessing or using any part of the website and/or services, you agree to be bound by these Terms of Service. If you are hesitant towards and/or do not agree to all and/or part of the terms and conditions of this agreement, then please consult a legal consultant before using it, and if you still disagree with all and/or any part of the terms you may not access the website or use any services. Any new features or tools which are added to the current website shall also be subject to the Terms of Service.
For the purposes of this Terms of Service, the User is considered to be a properly registered in accordance with local legislation legal entity or natural person, legally competent in accordance with local law. Registration of a User account or usage of any services provided by TELE LINK SOFT (TLS) CY LTD or the functions of the site my.kickidler.com and/or kickidler.com (hereinafter referred to as the Service) considered as a confirmation that in accordance with the applicable law User is a legally competent natural person or a properly registered legal entity, read, understood and fully accepts the terms of the current Agreement. The User is solely responsible for compliance with the applicable rules and regulations in the territory of his location and/or registration. TELE LINK SOFT (TLS) CY LTD reserves the right to amend the User Agreement at any time, as well as the Tariffs and Limits, the Privacy Policy, which are an essential and integral part of this User Agreement. Notification of changes is made by changing the version date of the corresponding document. All changes made in this way shall take effect immediately after they are published. Continued use of the Services means the User's consent to the terms of the new version of the relevant documents
1. Terminology
1.1 Terms of Service - this document with all additions, changes and binding documents indicated in it.
1.2 User - a legally capable individual who has acceded to this Terms of Service in his own interest or who acts on behalf of and in the interests of the legal entity he represents.
1.3 Website - any of the automated information systems available on the Internet at network addresses in the following domains (including subdomains): my.kickidler.com and/or kickidler.com
1.4 Service - a set of services provided to the User using the Site.
1.5 Personal Account - a personal section of the Site and additional functionality of the Site, to which the User gets access after completing registration and / or authorization on the Site. The personal account is intended for storing the User’s personal data, viewing and managing the available functionality of the Site and the relevant conditions for using the Site, and managing transactions made through the Site.
2. Authorized users
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Site may be subject to prosecution.
If you are an authorised user, you may not assign your authorisation to others without informing us.
3. Term and Termination.
This Agreement allows You to access and use the Services for the term You selected by You when You purchased access to the Services, or during the free evaluation period granted to You by TELE LINK SOFT (TLS) CY LTD to evaluate the Services, unless earlier terminates as provided in this Agreement (the “Term”). TELE LINK SOFT (TLS) CY LTD reserves the right to terminate Your access to the Services, without notice and in its sole discretion, if TELE LINK SOFT (TLS) CY LTD believes that Your use of the Services does not comply with the terms of this Agreement including payment of applicable fees.
4. Installation, customization, and updates
Installation of the Service and any required modification of the Service to accommodate Your computer system must be performed by You. All updates, upgrades, enhancements and modifications to the Service MUST be performed by TELE LINK SOFT (TLS) CY LTD. Such updates include any changes or improvements to the Service, whether arising out of the Service’s particular configuration for Your use or otherwise. At all times while these Terms are in effect, You shall provide TELE LINK SOFT (TLS) CY LTD with access to Your computer system so that TELE LINK SOFT (TLS) CY LTD may install all updates. Failure to allow TELE LINK SOFT (TLS) CY LTD to install updates or to compensate TELE LINK SOFT (TLS) CY LTD for the installation of updates automatically terminates all warranties for any purpose related to the Service.
5. Services license
TELE LINK SOFT (TLS) CY LTD grants to User a non-exclusive, non-transferable, restricted license to access the Services during the term of this Agreement for the sole purpose of evaluating the Services, and strictly prohibits any commercial or other use thereof for User or third parties. No other entity of the User shall be allowed access or use of the Services. User shall use Services in compliance with Privacy Policy.
6. Delivery policy
The user pays for the license through a personal account by invoice or by bank card. The license is granted to the User after payment in the personal account.
7. Fee.
Prices for the Services are as set forth when You purchased access to the Services and shall be payable in accordance with then-current terms of payment.
We reserve the right to change service fees upon thirty (30) days’ notice. Your continued use of the Services after such modifications will be deemed to be Your conclusive acceptance of such changes. If You are dissatisfied as a result of such changes, Your only recourse is to terminate Your access to the Services.
All fees paid to TELE LINK SOFT (TLS) CY LTD are nonrefundable. You are responsible for paying all sales, use, excise, ad valorem and other taxes (excluding taxes based on the net income of TELE LINK SOFT (TLS) CY LTD) arising out of Your use of or access to the Services. If TELE LINK SOFT (TLS) CY LTD does not receive payment when due, TELE LINK SOFT (TLS) CY LTD may immediately terminate Your access to the Services.
Unless otherwise stated, TELE LINK SOFT (TLS) CY LTD fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with Your purchase of access to the Services hereunder. If TELE LINK SOFT (TLS) CY LTD has the legal obligation to pay or collect Taxes for which You are responsible under this paragraph, the appropriate amount will be invoiced to and paid by You, unless You provides TELE LINK SOFT (TLS) CY LTD with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, TELE LINK SOFT (TLS) CY LTD is solely responsible for taxes assessable against it based on TELE LINK SOFT (TLS) CY LTD income, property and employees.
8. Refund policy
You can cancel your account at any point in time from your organization page, or by sending an email to support@kickidler.com with the subject line, "Cancel". We would be glad to provide further instructions at that time on how to cancel your account if needed. There will be no refunds given except for specific situations where our support team deems it necessary.
9. Warranties
9.1. We do not warrant that the quality of any services, information, or other material obtained by you will meet your expectations, or that any errors in the Service will be corrected.
9.2. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
9.3. We do not warrant that any statement current and/or future shall apply to you or any other third party without deviations. Specifically, regarding future statements, plans, potential achievements, estimations etc, we do not guarantee, represent or warrant the implementation of such statements.
9.4. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
10. Use of Cookies
Cookies may be used in order to improve our service to you. The cookies used do not collect personally identifiable information, and they are not used to determine your Identity. If you are not comfortable with this use, you may configure your browser to be notified when cookies are to be received and to provide you with the option of refusing cookies. Cookies may be used to record details of pages relating to particular products and services that you have visited on the Website. This is to provide us with generic usage statistics to allow us to improve this Site and to provide you with information that may interest you.
11. Intellectual Property
You hereby acknowledge, agree and respect that, the content and/or any patent, copyright, logo, design rights, database rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URL, or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, which belong to us or our affiliates, partners, suppliers or licensors (“Proprietary Rights”) are exclusively owned by us or our affiliates, partners, suppliers or licensors, and we and/or such entities, as applicable, reserve all rights to the Proprietary Rights. You hereby acknowledge that by accessing and using the Website you obtain no rights in or to the Proprietary Rights other than those expressly granted under this Agreement.
12. Liability
12.1. In no case shall by TELE LINK SOFT (TLS) CY LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
12.2. In case of force majeure namely, acts of God, wars, military action, strikes or other labour disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Services by a third party, or other catastrophes or occurrences that are beyond our reasonable control, we shall not be liable for any kind of loss, delay, damage occurred.
13. Indemnification
You agree to indemnify, defend and hold harmless by TELE LINK SOFT (TLS) CY LTD and our subsidiaries, representatives, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
14. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
15. Governing law
These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws and legislation of the Republic of Cyprus have the sole and exclusive jurisdiction in regard to any dispute may arise upon the implementation of the terms and conditions of the present Agreement and/or services.
16. Miscellaneous
16.1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
16.2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
16.3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
16.4. Your submission of personal information through the website is governed by our Privacy Policy.
Only the owner of the PC(s) to which the software Kickidler will be installed can purchase the Kickidler and the Kickidler can only be used with the written consent of the owner or user of PC(s) on which the Kickidler will be installed.