TERMS OF USE



BACKGROUND:

These terms and conditions apply as between you, the User of Services provided therein and Tech Essence Limited, a limited company incorporated in England and Wales (registration number 09113861), whose registered office is at First Floor, 10 Fetter Lane, London, EC4A 1BR, United Kingdom, who is the owner of the Services and this Website. Your agreement to comply with and be bound by these terms and conditions and to grant any and all licences required is deemed to occur upon your acceptance of these terms and conditions prior to your first use of the Services.

1. Definitions and Interpretation

In these terms and conditions, unless the context otherwise requires,

1.1 the following expressions have the following meanings:

TERM
MEANING
“Account” Means collectively the personal information and access credentials used by Users to access the Services through Website
“Agreement” means the binding agreement that shall come into effect between the User and Tech Essence Ltd following the User’s acceptance of these terms and conditions and which shall incorporate these terms and conditions;
“Application” Tech Essence’s SaaS based application
“Competing Product” means a service that proves a data distribution software system with analytics for tracking affiliate and/or advertiser activity;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Website;
“Services” means collectively the Tech Essence’s SaaS based Application and support online facilities, tools, services or information that Tech Essence Ltd makes available through the Website either now or in the future;
“User / Users” means any third party that accesses the Website and the Services that is not employed by Tech Essence Ltd and acting in the course of their employment;
“Website” means the website on which these terms and conditions appear (marketing-town.com) and any sub-domains of that website unless expressly excluded by their own terms and conditions.

1.2 each reference in these terms and conditions to:

  • 1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

  • 1.2.2 a statute or a provisions of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

  • 1.2.3 a Clause or paragraph is a reference to a Clause of these terms and conditions.

1.3 The headings used in these terms and conditions are for convenience only and shall have no effect upon the interpretation of these terms and conditions.

1.4 Words imparting the singular number shall include the plural and vice versa.

1.5 References to any gender shall include the other gender.

2. Provision of Services

2.1 Tech Essence Ltd shall use its best and reasonable endeavours to provide the Services on an error-free basis and without interruption.

2.2 Notwithstanding sub-Clause 2.1, Tech Essence Ltd does not provide any guarantee that provision of the Services shall be error-free or without interruption and reserves the right to alter or suspend provision of the Services without prior notice to Users. By accepting these terms and conditions the User acknowledges that the Services may change in form or nature at any time.

2.3 Tech Essence Ltd shall have the right, exercisable at its sole discretion, to terminate provision of the Services without prior notice to Users.

3. Access to Services

3.1 The User represents and warrants that they have the authority to enter into the Agreement, to use the Services, and to perform any and all acts as may be necessary under these terms and conditions.

3.2 If the User is unable to comply with the requirements of sub-Clause 3.1 they shall be prohibited from using the Services and must not accept these terms and conditions.

3.3 In order to use the Services, Users are required to create an Account and to submit certain personal details. By accepting these terms and conditions the User represents and warrants that:

  • 3.3.1 any information that is submitted is accurate and truthful;

  • 3.3.2 all such information will be kept accurate and up-to-date; and

  • 3.3.3 the means by which they identify themselves does not violate any part of these terms and conditions or any applicable laws.

4. Use of Services

4.1 Users are permitted to use the Services only in accordance with:

  • 4.1.1 these terms and conditions; and

  • 4.1.2 any relevant law, regulation or other applicable instrument in their particular jurisdiction.

4.2 Users shall access and use the Application solely to:

  1. manage and operate their business related to any Campaign within the platform;

  2. store Data on or through the Application in relation to any Campaign within the platform

4.3 Users shall not attempt to download, convert or otherwise reverse-engineer any part of the Services.

4.4 Users may not engage in any conduct that may disrupt provision of the Services by Tech Essence Ltd.

4.5 Users may not reproduce, copy, duplicate, trade or resell the Services.

4.6 Users’ rights to use the Services are limited, non-exclusive, non-assignable, non-transferrable and fully revocable at Tech Essence Ltd.’s discretion.

5. Intellectual Property

5.1 All Content included on the Website, unless submitted or created by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Tech Essence Ltd, our affiliates or other relevant third parties. By accepting these terms and conditions the User acknowledges that such material is protected by applicable United Kingdom and International intellectual property and other laws.

5.2 Subject to Clause 8 Users may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Tech Essence Ltd.

6. Third Party Intellectual Property

Where expressly indicated, certain Content, such as advertising material, and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 5 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 9 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

7. User Content and Intellectual Property

7.1 When using the Services to create Content, Users should do so in accordance with the following rules:

  • 7.1.1 Users must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory or fraudulent;

  • 7.1.2 Users must not submit Content that is intended to promote or incite violence;

  • 7.1.3 Users must not submit Content that may contain viruses or any other software or instructions that may damage or disrupt other software computer hardware or communications networks;

  • 7.1.4 Users must not post links to other websites containing any of the above types of Content;

  • 7.1.5 Users must not impersonate other people, particularly employees and representatives of Tech Essence Ltd or our affiliates;

  • 7.1.6 Users must not use the Services for unauthorised mass-communication such as “spam” or “junk mail”.

7.2 Tech Essence has the right, but not the obligation to pre or post-screen Content submitted or created by Users and may flag or filter any Content that it deems appropriate.

7.3 If any Content is found to be in breach of these terms and conditions, Tech Essence Ltd reserves the right to remove it without notice and may, at its sole discretion, terminate the responsible User’s access to the Services.

7.4 Users acknowledge that they may be exposed to Content that they may find offensive. If a User believes that such Content is in violation of these terms and conditions, it should be reported to Tech Essence Ltd according to Clause 22, or by sending an email to ken@tech-essence.com.

7.5 Users are solely responsible for any and all Content that they submit or create. Tech Essence does not endorse, support, represent or otherwise guarantee the accuracy or reliability of such Content.

7.6 Subject to sub-Clause 7.4, Users use the Services at their own risk.

8. Intellectual Property Rights

The Services and related documentation are copyright works of authorship and are also protected under applicable database laws. Tech Essence Ltd retains ownership of the Services, all subsequent copies of the Services and all intellectual property rights subsisting therein, regardless of the form in which such copies may exist. These Terms and Conditions are not a sale of the original Services or any copies thereof.

9. Fair Use of Intellectual Property

Content may be copied, transmitted, performed, adapted or otherwise re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or other relevant legislation apply.

10. Links to Other Websites

This Website may provide links to other websites as part of the Services. Unless expressly stated, such websites are not under the control of Tech Essence Ltd or that of our affiliates. Tech Essence assumes no responsibility for the content of the websites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on this Website does not imply any endorsement of that website or of those in control of it.

11. Links to this Website

Users wish to place a link to this Website on another website may do so only to our home page in the absence of any prior permission. Deep linking (i.e. links to specific pages within the Website) requires the express permission of Tech Essence Ltd.

12. Privacy

Use of the Website and the Services is also governed by Tech Essence Ltd’s Privacy Policy which is incorporated into these terms and conditions by this reference. The view the private policy please click on the following link: http://www.marketing-town.com/privacy

13. Disclaimer of Warranties

13.1 Tech Essence Ltd makes no warranty or representation that the Website or the Services will meet Users’ requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, or that they will be secure.

13.2 Tech Essence Ltd shall use its best and reasonable endeavours to ensure that all information provided on the Website and the Services is accurate and up to date, however Tech Essence Ltd makes no warranty or representation that this will always be the case. Tech Essence Ltd makes no guarantee of any specific results from the use of the Website or the Services.

13.3 No part of the Website or the Services is intended to constitute advice and the Content of the Website and the Services should not be relied upon when making any decisions or taking any action of any kind.

13.4 Any information that forms part of the Website or the Services is not designed with commercial purposes in mind. Tech Essence Ltd makes no representation or warranty that the Website or the Services or any Content therein is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

13.5 Whilst every effort has been made to ensure that all descriptions of Services available from Tech Essence Ltd correspond to the actual services available, Tech Essence Ltd is not responsible for any variations from these descriptions.

14. Availability of the Website and the Services

14.1 The Website and the Services are provided “as is” and on an “as available” basis. Tech Essence Ltd gives no warranty that the Website or the Services will be free of defects and / or faults. To the maximum extent permitted by law Tech Essence Ltd provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

14.2 Tech Essence Ltd accepts no liability for any disruption or non-availability of the Website or the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

15. Limitation of Liability

15.1 To the maximum extent permitted by law, Tech Essence Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website, the Services or any information contained therein. Users should be aware that they use the Website, the Services and all relevant Content at their own risk.

16. Term and Termination

16.1 The term of the Agreement shall commence upon the User’s acceptance of these terms and conditions and shall continue until terminated.

16.2 Tech Essence Ltd reserves the right to terminate the Agreement and a User’s access to the Services at any time for the following reasons:

  • 16.2.1 The User has committed a material breach of these terms and conditions;

  • 16.2.2 The User has indicated, expressly or impliedly, that they do not intend to or are unable to comply with these terms and conditions;

  • 16.2.3 Tech Essence Ltd is required to do so by law;

  • ,
  • 16.2.4 It has become, in the opinion of Tech Essence Ltd, its affiliates or advisers, no longer commercially viable to continue providing the Services;

  • 16.2.5 Tech Essence Ltd is no longer providing the Services in the User’s country of residence;

16.3 Upon termination of this Agreement, the User shall: (a) discontinue all use of the Application; and (b) except as prohibited by applicable law or legal process, return or destroy the Confidential Information of Tech Essence Ltd and all copies thereof to Tech Essence.

16.4 The User shall be liable for all fees (if any) incurred prior to termination and shall not be entitled to a refund of an fees already paid by the User to Tech Essence Ltd prior to termination.

17. No Waiver

In the event that either the User or Tech Essence Ltd fails to exercise any right or remedy contained in these terms and conditions, this shall not be construed as a waiver of that right or remedy.

18. Assignment

Users may not assign, transfer, sub-contract, or in any other manner make over to any third party the benefit and/or burden of this Agreement.

19. Severance

Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

20. Competition

The User understands and agrees that during the term of this Agreement, and for one (1) year after the last date the User using the Services made available by Tech Essence Ltd, the User will not create, develop, sell, offer or distribute a Competing Product. Breach of this Clause 18 will be considered as material breach of this Agreement.

21. Entire Agreement

These terms and conditions embody and set forth the entire Agreement and understanding between the Parties and supersede all prior oral or written agreements, understandings or arrangements relating to the subject matter of the Agreement. Neither the User nor Tech Essence Ltd shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in these terms and conditions, save for any representation made fraudulently.

22. Notices

All notices / communications shall be sent to Tech Essence Ltd by post to our premises (Tech Essence Limited, First Floor, 10 Fetter Lane, EC4A 1BR). Such notice will be deemed received: (a) 5 days after posting if sent by registered or certified mail or first class post; (b) when delivered, if delivered personally or sent by express courier service to the address above.

23. Law and Jurisdiction

23.1 These terms and conditions, the Agreement and all other aspects of the relationship between the User and Tech Essence Ltd shall be governed by and construed in accordance with the Laws of England and Wales.

23.2 Any dispute between the User and Tech Essence Ltd relating to these terms and conditions, the Agreement and all other aspects of the relationship shall fall within the [non-]exclusive jurisdiction of the courts of England and Wales.