GDPR TOOLKIT TERMS OF USE

This Terms of Use governs your use of GDPR Toolkit which is a news and information service published by Supportica GRC Services Limited. Your use of the website, or our receipt of your subscription form, indicates your acceptance of these terms.

Your use of this website indicates your agreement to be bound by these Terms of Use. Intellectual property and restrictions on use of Content on this website.

All information, text, material, graphics and advertisements on this website (“Content”) are Copyright © of Supportica GRC Services Limited its subsidiaries and affiliates, its suppliers and/or licensors unless expressly indicated otherwise on this website.

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this GDPR Toolkit website or expressly authorised in writing by Supportica GRC Services Limited.

Strictly on the condition that you keep all Content intact and in the same form as presented on this website (including without limitation all copyright, trade mark and other proprietaryusinganindustrynotices-standardandalladvWertisements),bbrowser,downloyoumady:and view the Content for

your personal, non-commercial use, or

if you are an Internet service and/or access provider, supply the Content to your subscriber.

You must not use the website in any manner or for any purpose which is unlawful or in any manner which violates any right of the Supportica GRC Services Limited or which is prohibited by this Terms of Use.

You agree not to create abstracts from, scrape or display headlines from our Content for use on another website or service. You agree not to post any Content from GDPR Toolkit to newsgroups, mail lists or electronic bulletin boards, without our written consent. To request consent for this and other matters, please contact us.

 

THIRD PARTY PUBLICATIONS

You agree that any document, column or other submission delivered to GDPR Toolkit for posting or publication is original to the author; is not in the public domain; does not infringe or violate any law or the intellectual property rights of any third party; has not been published, sold, licensed, pledged or otherwise encumbered.

Changes to Terms of Use:

We may change these terms at any time by notifying you of the change

electronically, using the e-mail address we have on record for you. The changes also will appear in this Terms of Use, which you can access at any time by clicking on “Terms of Use” on within the website.

Your use of GDPR Toolkit after changes are made to this document means that you agree to be bound by such changes.

 

PRIVACY POLICY

Please refer to GDPR Toolkit Privacy Policy which is available within its website for information regarding GDPR Toolkit approach to privacy.

 

TRADE MARKS OF THE LAW SOCIETY

All trademarks displayed on this website are trademarks of Supportica GRC Services Limited or their respective owners. Nothing contained on this website should be construed as granting any license or right of use of any trademark displayed on this website without the express written permission of the Supportica GRC Services Limited.

 

LINKS TO THIRD PARTIES

The information provided on this website is free of charge and for informational purposes only and does not create a business or professional services relationship between you and GDPR Toolkit, Supportica GRC Services Limited and its subsidiaries and affiliates. Links on this website may lead to services or sites not operated by Supportica GRC Services Limited. No judgment or warranty is made with respect to such other services or sites and Supportica GRC Services Limited takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to by this site, is at your own risk.

 

WEBSITE AVAILABILITY

We will make all reasonable effort to ensure that GDPR Toolkit is available 24 hours a day, seven days a week. However, electronic services are subject to interruption or breakdown. Therefore, access to our website is offered on an “as is” and “as available” basis only.

 

YOUR RESPONSIBILITY

You are responsible for complying with the laws of the jurisdiction from which you are accessing this website and you agree that you will not access or use the information on this website in violation of such laws. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.

 

INDEMNIFICATION

When you access any of the Supportica GRC Services Limited websites you indemnify Supportica GRC Services Limited against any damages or loss resulting from the use of any of the elements of any of Supportica GRC Services Limited websites.

YOU AGREE THAT YOUR ACCESS TO AND USE OF GDPR TOOLKIT AND THE CONTENT AVAILABLE THROUGH GDPR TOOLKIT IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

GDPR TOOLKIT AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (“SUPPORTICA GRC SERVICES LIMITED.”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF GDPR TOOLKIT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF SUPPORTICA GRC SERVICES LIMITED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.

 

LIMITATION OF LIABILITY

Under no circumstances (including but not limited to any act or omission on the part of Supportica GRC Services Limited) will be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website or any Content. You expressly acknowledge and agree that Supportica GRC Services Limited does not exert control over users of this website (including individuals referred to on this website as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

 

NO DUTY OF CARE

We assume no, and we shall have no, duty of care to you or any other person with respect to our website or products. Our website and products shall be used at the sole risk of you or any other user of them. Our website and products do not amount to and are not intended to amount to any advice or representation from us that you or any other person may rely on, and you rely upon them at your own risk when making any decisions or taking any action of any kind. Where our website or products are legal contracts or contain information about any laws, they are not provided as legal advice, and you must obtain your own independent legal advice in relation to and before relying on the same.

 

VIRUS

We will not be held liable for any loss or damage which is caused by a virus, distributed denial-of-service attack, or other material that is technologically harmful that may infect your computer programs, computer equipment, data or other material arising out of your use of our website or arising out of your downloading of any content contained on it, or contained on any website which is linked to it.

We do not give any guarantee that our website will be secure or free from viruses or bugs. You take responsibility for configuring your computer programmes, information technology, and platform correctly in order to access our website. You should make use of your own virus protection software.

You must not misuse our website by knowingly introducing trojans, worms, logic bombs, viruses or other material which is technologically harmful or malicious. You must not attempt to obtain access which is unauthorised to our website, the server on which our website is stored or any server, computer or database which is connected to our website. You must not attack our website via a distributed denial-of service attack or a distributed denial-of-service attack. If you act in breach of this provision, you would be committing a criminal offence pursuant to the Criminal Justice Acts of Republic of Ireland. Any such breach will be reported to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach of the law and of this provision, your right to use our website will cease immediately.

 

VAT

The price and any other charge (unless it is a tax) for any products is stated exclusive of any value added tax, which shall, if applicable, be payable by you at the same time as the price, at the rate applicable by law. If you are a purchaser in the European Economic Area then you acknowledge that (depending on the law), value added tax may be payable based on your local law and rates. You must provide us with your vat registration number (if any) and agree that if you fail to do so, we may assume that you do not have one and/or that you are a consumer, and charge value added tax accordingly, so that you will be responsible for recovering the same separately and independently if you consider value added tax was not payable or could have been zero-rated. “value added tax” means any Irish value added tax or any other similar sales or consumption tax applicable in any other part of the world which we are required to pay, charge or collect or which is otherwise applicable.

 

VIRUS

All products are licensed on and subject to our standard licence terms, which will be supplied on request, or may be downloaded through our website. Use of our products without a licence or outside our standard licence terms is strictly prohibited.

Evaluation licence If you are enabled to download or are otherwise supplied with any samples of our products without ordering and paying for them, then you are granted only an evaluation licence as described in and subject to the current version our standard licence terms at the date you downloaded the samples, and you are deemed to have agreed to our standard licence terms by downloading, asking to receive, or opening and viewing the samples.

 

FULL LICENCE

If you purchase our products, then we grant, to you, or the person you purchased the licence for (as identified in your order), a full licence, as described in and subject to the current version of our standard licence terms at the date of your order.

 

YOUR ACKNOWLEDGMENT

You acknowledge and agree: (a) that all intellectual property rights in and to our website, content, services, products and trademarks, logos and names are and shall be and remain our sole and absolute property, and those of any third party that supplied them to us(including any third party that is identified by us as the owner of the intellectual property rights in any works included in our products), and is protected by Irish and foreign law; (b) that nothing in these website terms or otherwise shall or is intended to effect an assignment of any title or interest (including legal or equitable) in or to such intellectual property rights to you or any third party, or to amount to any agreement to do the same; (c) that the only licence granted in relation to you shall be the licence set out in this clause and, in respect of our products, the licence set out in our standard licence terms as referred to within this Terms of Use (d) that all other express or implied licences with respect to website, content, products and trademarks and names are hereby excluded; and

  • that this clause shall benefit and be enforceable against you by any third party referred to in it.

 

BROWSING LICENCE

With respect to our content (other than our products) you are granted a non-exclusive licence, terminable by us at any time, to download the content that we make available for download, into a web-browser and it’s cache, for the purposes of viewing the content, ordering through our website, and accessing any services made available to you through our website.

 

PROHIBITION ON OTHER USE

You shall not use, re-use, download, copy, publish, reproduce, transmit, exploit, distribute or do anything else with our website, content, or products, except as expressly permitted by the licences referred to in this Terms of Use and the licence granted under this Terms of Use, and all other use or reproduction of our website, content, or products is strictly prohibited.

 

DISCLAIMER

Supportica GRC Services Limited, the publisher of this website, is not responsible for the content of external internet sites that may be linked to or from this website from time to time.

Neither does Supportica GRC Services Limited, its subsidiaries and affiliates bear responsibility for any decisions whether personally or professionally taken based on information obtained here. Independent advice should always be taken and the information on this website is for educational and general informational purposes only.

All the elements of any of Supportica GRC Services Limited websites, including this website, are uploaded and made available in good faith. Supportica GRC Services Limited is not liable for any damage caused by the use of any of the elements of any of the websites.

GDPR Toolkit endeavours to moderate all comments and contributions from users of this website but cannot take responsibility for such content. However, if you have complaints about such content or wish to bring it to our immediate attention please email gdprtoolkit@supporticagroup.com

 

ACCOUNT & PASSWORD

If you are provided with or choose a password, identification code or other piece of information as part of our security procedures then you are required to treat that information as confidential and must not disclose it to a third party.

We have the right to disable any password or identification code, if in our reasonable opinion you have not complied with these terms of use.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

You must promptly notify us at gdprtoolkit@supporticagroup.com if you suspect or know that your password has been obtained by anyone else.

 

FORUMS, NOTICE/COMMENT BOARDS AND CHAT ROOMS

Any views expressed on any notice board, forum and/or chat room are not the views of GDPR Toolkit but the views of the contributor of that material.

Any notice boards and/or forums or other similar communication channels must not be used by you to upload, distribute, publish or otherwise disseminate any material which is or may be libellous, defamatory, obscene, pornographic, abusive, illegal, invasive of any privacy and/or publicity rights, infringing of any third party intellectual property rights, criminal, in violation of any law or which is otherwise objectionable.

Any material you upload, distribute, publish or otherwise disseminate via our website will be non-confidential and non-proprietary. We have the right to use, copy, upload, distribute, disclose, publish or otherwise disseminate any such material to any person for any purpose. We have the right to disclose your identity to any person who claims that any material you upload, distribute, publish or otherwise disseminate via our website infringes their rights.

We may remove any material from our website at any time.

We are not able to continuously monitor the material relating to any notice board, forum and/or chat room. If you think that any material on any notice board, forum and/or chat room is offensive, infringes your rights or is otherwise inappropriate please contact us immediately.

 

HOW THE SALE CONTRACT IS FORMED

If your order is through our website or in response to a quotation or pro-forma invoice from us which is not itself a legal offer to you, then: (a) your order to us is your offer to purchase the products on and subject to the sale contract terms, and subject to our acceptance of your order; (b) your order is accepted, and the sale contract is made, if we deliver the products to you (including where we provide you with a URL from which to download the products), or if we send you an email or other written communication confirming receipt of your order. If your order is in response to a quotation or pro-forma invoice from us which is a legal offer to you, then your order amounts to your unconditional acceptance of our offer on and subject to the sale contract terms. You represent that all information you provide in connection with a sale contract is and will be true, accurate, current, and complete in all respects, and you shall keep such information updated without undue delay.

 

SALE AND PURCHASE

When the sale contract has been made, we agree to supply to you a copy of the products and to grant a licence in respect of each product, on and subject to the sale contract terms, and you agree to pay our price and other charges for such copy and licence as set out in the sale contract terms. If you have ordered multiple quantities of any product, then we will grant a licence for each unit quantity ordered under this Terms of Use. We reserve the right to terminate any sale contract without stating reasons, and for any reason, prior to processing payment and granting access to our products.

 

FORCE MAJEURE

We shall not be liable to you for any failure or delay in delivering of the products due to any event of force majeure. The following events shall (without limitation) be deemed to be events of force majeure: any events affecting the internet or occurring to any products during transmission over the internet; any downtime, interruption, unavailability, delay or failure affecting any computer system, internet server, payment service, or internet or telecommunication services used to collect payment or host, make available for download, or deliver any products; power failure; industrial action; civil unrest; fire, flood, storms, or earthquakes; acts of terrorism; acts of war; governmental action; or any event that is beyond our reasonable control.

 

TERMINATION FOR NON-PAYMENT

If we have not received or been able to collect payment of all amounts payable by you under the sale contract before or within 7 days after the date by which they are payable to us, or if any payment received from you is clawed-back or otherwise recovered from us, then we may at any time after that point terminate the sale contract, and such event shall be deemed to be a repudiatory breach of the sale contract by you.

 

TERMINATION FOR BREACH

Without prejudice to this Terms of Use, If you commit any other breach of the sale contract (other than a trivial breach) and you do not remedy that breach within 7 days of notice from us of the breach, then we may at any time after that point terminate the sale contract, and such breach shall be deemed to be a repudiatory breach of the sale contract.

 

CONSEQUENCES OF TERMINATION

If the sale contract is cancelled or terminated for any reason then: (a) all licences shall automatically terminate and shall cease to be exercised; (b) you shall, and you shall ensure that each licensee shall, securely and irretrievably delete and destroy all copies of the products supplied by us, and all full or partial copies subsequently

deriving from them, and all other works you or the licensee makes which include any full or partial copy of the products, and shall confirm in writing that such deletion and destruction has been completed within 7 days; (c) we shall not be liable to refund any price or other charge, unless expressly stated in these standard sales terms or we are liable to do so due to a breach of the sale contract by us, and provided that you have complied with para (b) above; and (d) if the reason was your breach of the sale contract, we shall still be entitled to retain and recover the price and other charges from you in full notwithstanding that any licence to use the products has terminated as a result of the termination.

 

REFUNDS POLICY

Without prejudice to any right to terminate in the event of our breach of the sale contract, you may not cancel or terminate your order or the sale contract without our prior agreement in accordance with this clause. If you decide that you no longer require the products you have purchased and wish to cancel the sale contract, you should inform us via email within 7 days of purchase. Due to the electronic downloadable nature of our products, we shall not be obliged to agree to any cancellation of the sale contract, or give any refund of the price or other charges, and any cancellation and refund will be at our sole and absolute discretion. If we allow a cancellation and refund of the sale contract in whole or in part, then to the extent of such cancellation: each licence shall terminate immediately; you shall (and you shall procure that the licensee shall) securely and irretrievably delete and destroy all copies of the products supplied by us, and all full or partial copies subsequently deriving from them, and all other works you or the licensee makes which include any full or partial copy of the products; you shall (and you shall procure that the licensee shall) confirm in writing that such deletion and destruction has been completed within 7 days of an allowed cancellation, otherwise the cancellation will cease to have effect; you shall (and you shall procure that the licensee shall) complete fully and in good faith a questionnaire about the products and why you have cancelled, so that we can improve them; and, on and subject to receipt of your (and the licensee’s) confirmation of such deletion and destruction and completed questionnaire, we will refund the price (but not any other charges, such as taxes) within 30 days, and we will only be obliged to issue the refund to the payment card or bank account used to make such payment.

 

SEVERABILITY

If any of these terms is at any time held in any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void, and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

 

NO WAIVER

No failure or delay by us in enforcing the performance of any provision of these website terms shall constitute a waiver of that provision or the right to subsequently enforce that provision or any other provision of these website terms. No waiver by us of any breach of these website terms shall be valid unless in writing. Any waiver by us of any breach of these website terms shall be valid only for the circumstances of that breach, and shall not be a waiver of any preceding or subsequent breach of the same or any other provision or constitute a continuing waiver.

 

REFUNDS POLICY

This agreement will be governed by and construed in accordance with the laws of the Republic of Ireland. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.

 

All rights not expressly granted herein are reserved.

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