Terms and conditions of website

Terms of Use for the iSimplyConnect Website

1. Introduction

This website is operated by Asavie Technologies Limited (“Asavie”). Your use of this website and any official apps and social media pages (the “Site”) controlled by Asavie is subject to the Terms of Use set out below which includes our Privacy Statement, Cookie Statement, Terms and Conditions of Sale, End User Licence Agreement and any other terms or conditions on the Site or in connection with the iSimplyConnect service. By accessing, viewing and using the Site you agree (on behalf of yourself or the entity that you represent) to be bound by these Terms of Use.

2. Information about us

Asavie is a private limited company and registered in Ireland (company registration number: 390724) and having its address at Fleming Court, Fleming’s Place, Dublin 4, D04 N4XP, Ireland.

If you have any questions about Asavie’s Terms of Use, Privacy Statement, Cookie Statement, Terms and Conditions of Sale, End User Licence Agreement and any other terms or conditions on the Site or in connection with the iSimplyConnect service, please contact us at webmaster@asavie.com.

3. Accounts

3.1 Account Creation

In order to obtain access to services on the Site, you may be required to register for an iSimplyConnect account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. Asavie reserves the right to veto any application to register an Account on any basis that Asavie, in its sole discretion, deem appropriate and Asavie further reserves the right to suspend or terminate your Account in accordance with Section 12. You may delete your Account at any time, for any reason, by sending an email to us at dataprotection@asavie.com and telling us, with sufficient detail, that you wish to delete your Account with us.

3.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login details and are fully responsible for all activities that occur under your Account. You agree to immediately notify Asavie of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security. Asavie cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. Access to the Site

4.1 Licence

Subject to these Terms of Use, Asavie grants you a non-transferable, non-exclusive, non-sublicensable, revocable, limited licence to access, view and use the Site solely for your own personal, noncommercial use.

4.2 Support and Maintenance

You acknowledge and agree that Asavie shall have no obligation to provide you with any support or maintenance in connection with the Site.

4.3 Availability

You acknowledge and agree that access to the Site is provided on a temporary basis, and Asavie reserves the right to withdraw or restrict access to any part of the Site or the entire Site at any time. Asavie will make all reasonable efforts to ensure that the Site is available twenty-four hours a day, seven days a week. However, electronic services can be subject to interruption or breakdown from time to time. Therefore access to the Site is provided on an “as is” and “as available” basis. Asavie will not be liable if for any reason the Site or any part of the Site is unavailable at any time.

5. Orders

You may order certain products and services through the Site. All orders you make through the Site are subject to availability, terms and other conditions that apply to the particular products and services at the time you place the order. All products and services, their contents, availability and pricing are subject to change at any time with or without notice. In particular, all prices displayed and products and services offered for supply on the Site are subject to change without notice. It is your responsibility to ensure that any products or services available through the Site meet your specific requirements. Please fully read the terms and conditions and disclaimers accompanying any products and services that you order through the Site. For contractual purposes, you consent to receive communications from us electronically in connection with any orders you place.

6. Restricted Uses

In relation to the Site, you undertake that:

(a) You shall not licence, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site.

(b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site.

(c) You shall not access or view the Site in order to build a similar or competitive website, product, or service to the Site.

(d) You shall not provide false data including false names, addresses, contact details and fraudulent credit card/debit card details.

(e) You shall not enter into fraudulent or deceptive interactions or transactions with Asavie (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party).

(f) You shall not use the Site in any way that is unlawful, fraudulent or deceptive, or has any unlawful, fraudulent or deceptive purpose or effect.

(g) You shall not sell any products or services purchased through the Site, without Asavie’s express permission.

(h) You shall not intercept or intercept any communications transmitted by way of a telecommunications system and/or information society service.

(i) You shall not execute any form of network monitoring which will intercept data not intended for you.

(j) You shall not copy, reproduce, distribute, republish, download, display, post or transmit the whole or any part of the Site in any form or by any means, except as otherwise permitted in these Terms of Use.

(k) Your use of the Site must at all times comply with all applicable laws, rules and regulations and be strictly in accordance with these Terms of Use.

(l) You shall not use the Site to upload, post, share or otherwise make available on the Site any content and/or materials protected by proprietary rights without the express permission of the owner of such proprietary rights.

(m) You shall display and retain all copyright and other proprietary notice on the Site (or on any content displayed on the Site) and such must be retained on all copies thereof.

(n) You shall not use the Site to transmit, or procure the sending of, any unsolicited or unauthorised advertising, promotional material, chain letters, mass mailings or any other form of similar solicitation (spam) or of any material that is illegal, offensive, abusive, indecent, defamatory, obscene, menacing or in breach of proprietary rights, confidence, privacy or any other right, or is injurious to third parties.

(o) You shall not attempt to gain unauthorised access to the Site, its facilities and/or services or any accounts, databases, computer systems, servers and networks connected to the Site and the server on which our Site is stored. You shall not attack the Site via a denial of service attack. You will not misuse the Site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs, harmful data or other materials which is malicious or harmful. By breaching this provision, you may commit a criminal offence and Asavie may report any such breach to the relevant law enforcement authorities and it will co-operate with those authorities. In the event of such a breach, your right to use the Site will cease immediately.

(p) You shall not use the Site to harvest or otherwise collect by any means any program material or any information whatsoever (including without limitation email addresses or other personal details of other users).

7. Proprietary rights

You acknowledge and agree that all proprietary rights, including all registered and unregistered intellectual property rights, in the Site, its content, layout and design are owned by Asavie or its suppliers or licensors. Neither these Terms of Use (nor your access or use of the Site) transfers to you or to any third party any rights, title or interest in or to such proprietary rights, except for the limited rights to access, view and use the Site as set out in Section 4.1.

8. Site modification

Asavie may, without notice to you, modify, suspend or discontinue (temporarily or permanently) any feature or component of the Site. You acknowledge and agree that Asavie will not be liable to you or to any third party for any modification, suspension or discontinuation of any feature or component of the Site. Any future release, update or other addition to the functionality of the Site shall be subject to these Terms of Use, unless otherwise indicated. By continuing to use the Site, you accept and agree to any releases, updates or additions to the Site and to any modification, suspension or discontinuation of any of the Site’s features or components.

9. Changes to these Terms of Use

Asavie may change these Terms of Use at any time. If Asavie decides to change these Terms of Use, it shall post the amended terms here or in some cases may provide notice by email. By continuing to use the Site after Asavie posts or otherwise notifies you of any changes, you accept and agree to the Terms of Use, as modified. Please note that you have the right to withdraw from these Terms of Use if you do not accept the changes.

10. Links

The Site may contain links to third party websites, services and/or display advertisements for third parties (together, “Third Party Links and Ads”). Such Third Party Links and Ads are not under Asavie’s control. Asavie disclaims all liability and responsibility for any Third Party Links and Ads and you acknowledge and agree that Asavie are not responsible or liable for: (a) the availability or accuracy of such Third Party Links and Ads; or (b) the contents, products or services on or available from such Third Party Links and Ads. Your use of Third Party Links and Ads is at your own risk and is subject to the terms and conditions of the applicable third party. Asavie provides Third Party Links and Ads for your convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Links and Ads.

11. Privacy

Asavie respects and protects the privacy of the individuals who access the Site and use its facilities and/or services and is committed to protecting your privacy in accordance with our Privacy Statement which can be found at https://www.isimplyconnect.com/privacy.

12. Suspension and Termination

Asavie reserves the right, in its sole discretion and without notice to you, to suspend, terminate, modify or delete an Account or access to the Site or parts thereof, if you are, or Asavie suspects that you are, failing to comply with any of the provisions of these Terms of Use or for any actual or suspected illegal or improper use of the Site. If you use multiple Accounts, if Asavie does take action against you, you may have action taken against all your Accounts.

13. Limitation of Liability and Disclaimer of Warranties

Nothing in these Terms of Use shall exclude or limit Asavie’s liability for death or personal injury resulting from its negligence or of its officers or other representatives. In no event shall Asavie nor any of its officers or other representatives be liable for any loss or damages arising out of or in connection with your use, inability to use or reliance on any facilities, services, products and/or content offered through or from the Site, including, but not limited to, direct loss, loss of data, work stoppage, service interruption, computer failure, system failure, device damage or malfunction, loss of income, profit or opportunity, loss of or damage to property and claims of third parties or for any indirect or consequential loss whatsoever, even if Asavie has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.

In no event shall Asavie nor any of its officers or other representatives be liable for any loss or damages resulting from the conduct of any third party on or in relation to the Site or from the content posted, shared and/or uploaded by any third party to the Site.

In no event shall Asavie nor any of its officers or other representatives be liable for any loss or damages arising out of or in connection with any products and/or services provided by third parties, including those offered on the Site.

To the fullest extent permitted by applicable law, Asavie hereby expressly excludes all conditions, warranties, guarantees and other terms which might otherwise be implied by statute, common law or the law of equity including, without limitation, the warranties of merchantability, fitness for a particular purpose, quiet enjoyment, use of reasonable care and skill and non-infringement of proprietary rights. Without limiting the foregoing and pursuant to Section 4.3, Asavie does not warrant that the Site is free from errors or that defects will be corrected or you will be able to access and use the Site on a secure basis or without problems or interruptions. Asavie does not represent or warrant, expressly or impliedly, the quality, accuracy, completeness, currency or reliability of the Site or of any information or content on the Site.

14. Jurisdiction and applicable law

These Terms of Use are governed by the laws of Ireland and you submit to the exclusive jurisdiction of the Courts of Ireland.

15. Waiver

The failure by Asavie to perform any of its obligations under these Terms of Use, or to exercise any of its rights or remedies under these Terms of Use, shall not constitute a waiver of such rights or remedies and shall not release you from compliance with such obligations. A waiver by Asavie of any default by you shall not constitute a waiver of any subsequent or future default. No waiver by Asavie of any of your obligations under these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

16. Severability

To the extent that any provisions of these Terms of Use are held by any court or any competent authority to be invalid, unlawful or unenforceable, then such provision shall be severed, modified or deleted from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.

17. Entire agreement

These Terms of Use, including the Privacy Statement, Cookie Statement, Terms and Conditions of Sale, End User Licence Agreement and any other terms or conditions on the Site or in connection with the iSimplyConnect service, are the entire and exclusive agreement between you and Asavie regarding the Site and iSimplyConnect service and supersede and replace any prior agreement, understanding or arrangement between Asavie and you, whether oral or in writing.

18. Your concerns

If you have any concerns about any information on the Site, please contact us at webmaster@asavie.com.

If you have any accessibility issues or problems, please contact us at webmaster@asavie.com.