Terms and Conditions
Effective as of 25 February 2020.
1. USE OF THE WEBSITE
1.1 By using the Website, you confirm that you will not use the Website for any of the following:
(a) Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which Contour or the User are bound in any jurisdiction applicable to the access and use of the Website (“Applicable Laws”).
(b) Unauthorised Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Website; (ii) introduces to the Website any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to computing systems or networks connected to the Website; (iv) undermines the security or integrity of the computing systems or networks on which the Website is hosted; or (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Website or the computer programs used to deliver the Website.
(c) Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; or (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person.
(d) Fraud – any act that: (i) attempts to defraud Contour or any other person; or (ii) provides false, inaccurate or misleading information to Contour.
2. AVAILABILITY OF SERVICES, SECURITY
2.1 Contour shall make reasonable efforts to ensure that the Website is available to you. However, access to the Website may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of Contour’s control. Contour will use commercially reasonable efforts to avoid downtime of the Website, but assumes no liability if the Website or any part thereof is unavailable at any time or for any period.
2.2 You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.
2.3 You acknowledge and agree that Contour shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Website or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Website (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Website that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Website.
2.4 You must immediately notify Contour in the event that you become aware of any part of the Website malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Website.
3. INTELLECTUAL PROPERTY, USE LICENCE
3.1 Contour’s ownership of the Website
All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, “Intellectual Property Rights”) in the Website and the material published on and through it are owned by Contour or its licensors and are protected by Applicable Laws. You may not engage in any activity on or through the Website that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.
3.2 User’s licence to use Website.
(a) you are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Website (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Website (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from Contour;
(b) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Website; and
(c) you may not use any data mining, robots or similar data-gathering or extraction methods.
Contour reserves the right to monitor your use of the Website and to alter or revoke your license or your access to the Website at any time and for any reason.
4. LIMITATIONS OF LIABILITY, DISCLAIMER, INDEMNITY
4.1 Limitation of Liability
(b) Subject to the foregoing, to the maximum extent permitted by Applicable Laws:
(i) in no event shall Contour, its affiliates and its and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Associated Parties”) be liable for any:
(A) indirect or consequential loss; or
(B) loss of profit, business opportunity, anticipated savings, revenue or goodwill,
(a) To the maximum extent permitted under Applicable Laws, the Website and any product, service or other item provided by or on behalf of Contour are provided on an “as is” and “as available” basis and Contour expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, Contour does not represent or warrant that the Website is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.
To the maximum extent permitted under Applicable Laws, Contour is not responsible or liable for any loss or damage of any sort incurred that result from your use of, or inability to use, the features of the Website.
To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand Contour and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with directly or indirectly:
(a) your use of, or conduct in connection with, the Website;
(c) your violation of any Applicable Laws or the rights of any other person or entity.
You will provide Contour and the Associated Parties with any assistance that Contour and the Associated Parties reasonably requests in defending any such action or proceeding.
6. COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION
6.1 If you have any questions, feedback or complaints, please contact Contour at the following email address: firstname.lastname@example.org.
7.1 Force Majeure Event
A “Force Majeure Event” means any event beyond Contour’s reasonable control, including flood, extraordinary weather conditions or earthquake, pandemic, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
7.2 Data Privacy
No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
7.6 Relationship of the parties
7.7 Third party rights