If you use the Global Cloud Xchange websites at managedservices.gcxworld.com, (“the Website”) you agree to be bound by these terms and conditions.
YOU SHOULD READ THESE CONDITIONS CAREFULLY BEFORE USING THIS SITE. YOU SHOULD ALSO READ THE CONDITIONS ABOUT EACH SERVICE ON THIS SITE.
Please note that these terms and conditions were changed on 1 November 2005
- In these terms and conditions, “Global Cloud Xchange”, “we” and “us” means Global Cloud Xchange, whose registered office is at Milner House, 18 Parliament Street, Hamilton HM 12, Bermuda.
ACCESS TO THE WEBSITE AND CONTENT
- We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.
- We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.
- We assume no responsibility for the contents of any other websites to which the Website has links.
- The copyright in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to Global Cloud Xchange, its subsidiaries or associated companies, or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own off-line viewing.
- Global Cloud Xchange is a registered trademark of Reliance Global Cloud Xchange Group Limited. Other product and company names mentioned on this Website may be the trademarks or registered trademarks of their respective owners.
EXCLUSIONS OF LIABILITY
- The following clauses exclude or limit our legal liability for this site. You should read them carefully. They all apply only as far as the law permits.
Please note that past performance cannot be relied upon as a guide to future performance. The Website and the data contained therein is provided “as is” and to the extent permitted by relevant law without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions.
- We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them.
- Any advice or recommendation given by Global Cloud Xchange or its employees or agents to you or your employees or agents which is not confirmed off-line in writing by Global Cloud Xchange, is followed or acted upon entirely at your own risk, and accordingly Global Cloud Xchange shall not be liable for any such advice or recommendation which is not so confirmed.
- Due to the nature of electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the Website, save where such liability cannot be excluded by law. 4.5 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
USER NAME AND PASSWORD
- On registering with us, you are issued with a user name and password which must be used in order to access certain restricted parts of the Website (the “Members’ Area”). The user name and password are personal to you and are not transferable.
- Your user name and password are the methods used by us to identify you and so are very important. You are responsible for all access to the Members’ Area by anyone using your user name and password. Any breach of security of a user name and/or password should be notified to us immediately.
- You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations.
DATA DISPLAYED ON THE WEBSITE
- We accept no liability for data displayed on the Website and the limitations in condition 4 above (Exclusions of liability) apply.
- If you submit data for display on the Website you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary.
- If you submit data for display on the Website you are responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.
- You warrant that you have taken all reasonable precautions to ensure that any data you upload from the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
- We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.
- You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition 6.
- Subject to the Contracts (Rights of Third Parties) Act 1999 condition 6.5 may be enforced by the following people in their own right:
- (a) any third party with whom we contract for content or advertising; and
(b) our employees or agents,
(c) at the time of any failure to observe.
- If you have registered for access to the Members’ Area, We may terminate your access to the Members’ Area and the services within it on not less than 2 days’ written notice to you.
- If you have not registered for access to the Members’ Area, We may terminate access to the Website at any time without notice to you.
- All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of this Contract between us for any reason.
- You acknowledge that you have entered into this Contract in reliance only on the (non-fraudulent) representations, warranties and promises specifically contained or incorporated in this Contract. Save as expressly set out in this Contract, Global Cloud Xchange shall have no liability in respect of any other representation, warranty or promise made prior to the date of this Contract unless it was made fraudulently.
- If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
- We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall take effect 3 days after posting on the Website.
- Any notice to either party under this Contract shall be in writing signed by or on behalf of the party giving it and shall, unless delivered to a party personally, be left at or sent by prepaid first class post, prepaid recorded delivery, telex or facsimile to the address of the party as notified in writing from time to time.
- These terms and conditions shall be governed by and construed in accordance with English law.
- Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.