terms and conditions

Terms and Conditions

//Terms and Conditions
Terms and Conditions 2016-12-08T21:56:22+00:00

Accesspoint Website Terms of Use

Welcome to the Accesspoint website. By accessing, browsing or using this website, you are agreeing to comply with and be bound by the following Terms of Use (the “Terms”) and all terms and conditions incorporated by reference. Please review these Terms carefully before using the Accesspoint Website. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE ACCESSPOINT WEBSITE.
Accesspoint may, without notice to you, at any time amend these Terms and any other information contained on the Accesspoint Website. Your continued use of the Accesspoint Website after any changes to these Terms have been posted will be considered your acceptance of those changes.
You agree that your use of the Accesspoint Website is on behalf of your company or another legal entity and you hereby represent and warrant that you are not a consumer.

Scope of Terms

These Terms apply to Accesspoint Website and to any secure areas of those websites. These Terms also apply to any and all online resources, materials, download areas, tools and interactive venues provided on the Accesspoint Website, including without limitation, blogs, community forums, chat rooms, discussion sites, service offerings information (hereinafter, “Online Mediums”), both now and in the future. Accesspoint may also publish medium-specific terms of use, in which event these Terms shall remain in full force and effect to the extent that the Terms do not conflict with the medium-specific terms of use.

Ownership of Content

The Accesspoint Website; their past, present and future versions; all pages found within the Accesspoint Website; the material and information on the Accesspoint Website; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitation the design, structure, “look and feel” and arrangement of such content contained on the Accesspoint Website (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to Accesspoint, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the Accesspoint Website or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Accesspoint Website. All rights not expressly granted are reserved.
The Accesspoint Website and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without Accesspoint’s express prior written authorisation. You are granted permission to display on your computer, print and download the Content on the Accesspoint Website solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Unauthorised use of the Accesspoint Website or the Content contained on or available through the Accesspoint Websites or any linked websites may violate applicable Intellectual Property laws or other laws.
The Accesspoint Website, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, posts or submissions and other materials (hereinafter, the “Submissions”) intended for review by the general public, or by members of any public or private community. Accesspoint does not claim ownership of the Submissions and to the full extent permitted by law shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by Accesspoint and are provided solely for convenience to Accesspoint customers and users. Accesspoint reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.

Notice and takedown of material

Trademarks

The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the Accesspoint Website are either common-law trademarks or its subsidiaries and are protected by trade mark and other laws in the European Union and other countries, and international laws and treaties.
Use of Accesspoint trademarks is prohibited unless expressly authorised by Accesspoint. You are not permitted to use any Marks displayed on the Accesspoint Website, metatags or any other “hidden text” utilising Marks of Accesspoint and its licensors, without the prior written permission of Accesspoint or such third party who may own the Mark. Without the express prior written consent of Accesspoint, no Accesspoint Mark may be used in a manner that implies an affiliation with, approval by, endorsement of or sponsorship by Accesspoint.
All Marks remain the sole property of their respective holders. You may print copies or download copies of the information on this site for your own personal, non-commercial and educational use.
You may not distribute any text or graphics herein to others without the express written permission of Accesspoint, “mirror” this information on your own site without permission from Accesspoint, or modify or re-use in any way the text or graphics on this site.
The names of actual companies and products mentioned on the Accesspoint Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with Accesspoint. Nothing contained on the Accesspoint Website should be construed as granting, by implication or otherwise, any licence or right to use any Marks displayed on the Accesspoint Website.

Other terms and conditions

Linking to the accesspoint website

We greatly appreciate your efforts in letting your clients know about us. You may link to the Accesspoint Website by using a text link and linking to the Accesspoint Website homepage. Accesspoint only consents to links in which the link and the pages that are activated by the link do not: (i) duplicate the website content; (ii) frame or create any other border around any content on the Accesspoint Website or any pages on the Accesspoint Website or use other techniques that alter in any way the visual presentation or appearance of any content within the Accesspoint Website; (iii) misrepresent your relationship with Accesspoint or otherwise create a false affiliation, connection or association with Accesspoint; (iv) imply that Accesspoint approves or endorses you, your website, or your services or product offerings; (v) present a false or misleading impression about Accesspoint or otherwise damage the goodwill associated with the Accesspoint name or Marks; (v) use Accesspoint Marks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines; (vi) utilise Accesspoint name, Marks, colours, logos or any other brand features of Accesspoint, nor your relationship with Accesspoint for purposes of or in any manner which intentionally gives rise to advertising or publicity without Accesspoint’s prior written permission. As a further condition to being permitted to link to the Accesspoint Website, you agree that Accesspoint may at any time, in its sole discretion, terminate permission to link to the Accesspoint Website. In such event, you agree to immediately remove all links to the Accesspoint Website and to cease using any Accesspoint Marks. Accesspoint reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the Accesspoint Website.
Except for the link logos as provided by Accesspoint, you may not use the Accesspoint corporate logo or any other brand feature to link to Accesspoint.

Links to third party websites

The Accesspoint Website may contain links and references to non-Accesspoint websites and resources (“Linked Websites”) and are provided for convenience only. If you decide to leave the Accesspoint Website and access Linked Websites, you do so at your own risk and Accesspoint will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection with any purchase or use of any such content, goods or services available on or through any such Linked Website. Accesspoint has not reviewed the Linked Websites and Accesspoint is not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on the Accesspoint Website does not apply approval or endorsement by Accesspoint of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain an Accesspoint logo, are independent websites, and Accesspoint does not control the content on that Linked Website. Additionally, Accesspoint is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from Accesspoint, by way of reference or link provided on the Accesspoint Website.

Forward-looking statements

All statements on the Accesspoint Website other than statements of historical fact are statements that could be deemed forward-looking statements, including, but not limited to, any projections of financial information; any statements about historical results that may suggest trends for our business; any statements about operational improvements or third party data that may suggest trends for our business or industry; any statements of the plans, strategies, and objectives of Accesspoint for future operations or service offerings; any statements of expectation or belief regarding future events, potential markets or market size; technology developments, and any statements of assumptions underlying any of the items mentioned. Risks, uncertainties and assumptions include the possibility that expected benefits from our operational improvements or service offerings may not materialise. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties that involve risks, many of which are beyond our control and not guarantees of future performance. Except as required by law, Accesspoint assumes no obligation to update these forward-looking statements publicly, or to update the reasons, and actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future.

Disclaimer of warranties

The following applies to the fullest extent permitted by applicable law:
Your use of and access to the Accesspoint Website, Online Mediums and Content posted by Accesspoint, its divisions, subsidiaries or user generated content posted by third parties is at your sole risk. The Accesspoint Website, Online Mediums and Content are provided for informational purposes only on an “AS IS” and “AS AVAILABLE” basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for any particular purpose. Accesspoint makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the Content. Accesspoint further makes no representations, warranties or guarantees that the quality and reliability of any information, and hosting services obtained from the Accesspoint Website, Online Mediums and/or Content will meet your expectations and requirements, be virus-free, or perform error- and damage-free. To the fullest extent permitted by law, you assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and business arising out of your use of the Accesspoint Website, Online Mediums and/or Content.

Limitation of liability

To the fullest extent permitted by applicable law, you expressly understand and agree that Accesspoint and any contributor to the user-generated content via Online Mediums (“Accesspoint Licensors”) SHALL NOT BE LIABLE to you for:
1) any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content, or any changes Accesspoint and Accesspoint Licensors may make to the Accesspoint Website, Online Mediums and Content, or any temporary interruption or permanent cessation in the provision of the Online Mediums and Content, or, if applicable, your failure to safeguard your account details or passwords;

2) any loss or damage which you may incur as a result of your leaving the Accesspoint Website and accessing Linked Websites. This includes without limitation any loss or damage that you may incur as a result of any reliance placed by you on the accuracy, completeness or suitability of the content on Linked Websites;

3) to the full extent permitted by law, any damages whatsoever, including without limitation direct, indirect, special, incidental, consequential damages arising out of or in connection with your use of, your inability to use, or results of the use of the Accesspoint Website, Online Mediums and Content and any Linked Websites (including without limitation for loss of or damage to business, revenues, goodwill or data) even if Accesspoint and Accesspoint Licensors had previously been advised of, or reasonably could have foreseen, the possibility of such loss or damages, however they arise, whether in breach of contract, negligence or other tortious action.

Nothing in these Terms shall exclude or limit liability to a greater extent than is permitted by applicable law and nothing in these Terms shall exclude or limit liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by negligence.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Accesspoint, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives and Accesspoint Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Accesspoint Website, Online Mediums and Content; (ii) content you submit, post, transmit or otherwise make available via the Accesspoint Website and Online Mediums; (iii) your violation of these Terms or Accesspoint Website’ specific Terms and Conditions. This indemnification obligation will survive the termination of your Accesspoint account or these Terms.

General

The Terms constitute the entire agreement between you and Accesspoint relating to your use of and access to the Accesspoint Website and Online Mediums and Content. You may also be subject to Online Medium or Content specific terms of use. Where these Terms intend to create any right for any third party to rely upon these Terms in any way and/or where specific clauses of these Terms are considered to be so called “third party stipulations” and such are accepted by the respective third party, such third party shall not become a party to the agreement between you and Accesspoint. The laws of England shall govern any action related to the Terms and your use of the Online Mediums and Content, without regard to the choice of law rules. In any dispute between you and Accesspoint, you agree to submit to the non-exclusive jurisdiction of the courts located in England. In the event of any violations of the Terms, Accesspoint reserves the right to disable your access to the Accesspoint Website, Online Mediums and Content and seek all remedies available by law and in equity.
Thank you for reading through these Terms. Now please enjoy our Accesspoint Website.

© Accesspoint Limited.
12th July 2016

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