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01) Introduction & Definitions

March 17, 2017, Written by 0 comment
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1 Introduction & Definitions


1 Introduction & Definitions

Welcome to the Forecast IT website (this “Site”).

These terms of use are a legal agreement (“this Agreement” or “these terms”) which sets forth the terms and conditions which govern your use of this Site, as well as the products and services (individually and collectively, the “Services”) found at this Site, but does not cover Services individually supplied by resellers.

In order to become a user of Services, you must irrevocably agree to be bound by these terms. If you do not agree to be bound by these terms, you must ensure you do not indicate to us your acknowledgment and agreement to be irrevocably bound by these terms. Your acknowledgment and agreement to be irrevocably bound by these terms will be indicated to us upon making an application to us for the use or purchase of Services, purchasing or using the Services provided by us, or becoming one of our customers at any time, whichever occurs first. In these terms, references to “we”, “us”, “our”, and so on shall refer to Forecast IT and its number of trading names (including, in particular, Forecast IT) except where explicitly specified as otherwise.

In these terms, references to “you”, “customer”, “user”, “your” and so on, shall refer to the person who requests or utilises the provision of this Site, or any Services provided by us.

In these terms, references to “Services” include any product, license, package or account offered by us.

In these terms, references to “Days” shall refer to calendar days, unless specified otherwise.

In these terms, references to “Spam” shall refer to the distribution of unsolicited bulk and/or commercial electronic messages over the Internet.

In these terms, references to “Supplier” or “Registry Operator” shall refer to any third party which provides a product/service which we resell/offer to you.

1.1 Representations you make about yourself

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law.

By using this Site, or by applying for, renewing, transferring, taking ownership, or using any Services found at this Site, you irrevocably undertake, represent, warrant and agree that:

  1. You are at least 18 years of age, and that we may terminate this Agreement immediately without providing a refund if we discover that you are under 18 years of age at the time of entering into this Agreement;
  2. The Registered Name Holder shall provide to the company registrar (“Registrar”) accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation;
  3. Where you act on behalf of a corporate entity, you have the legal authority to bind such corporate entity to these terms, in which case the terms “you”, “your”, “User” or “customer” in this Agreement shall refer to such corporate entity. If, after your agreement to these terms, we learn that you do/did not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these terms. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right (but undertake no duty) to require additional authentication from you;
  4. You shall not permit any other person to use your username in order to gain access to the service, nor shall you divulge to any other person any password which you may from time to time use in gaining access to the services. If your password becomes known, you will inform us immediately. We may require you to change your password where considered necessary, and
  5. You agree at all times to indemnify us for any expenses, costs, damages, penalties, imposts and any other liabilities we incur from time to time, whether directly or indirectly, as a result of you transmitting or receiving or in any other manner using any information, which transmission, receipt or use is facilitated by or connected with the provision of services to you, including without limitation liability for breach of copyright or any other intellectual property rights.

1.2 Terms governing your account

In order to access some of the features of this Site or use some of the Services found at this Site, you will have to activate an account (“Account”). You represent and warrant to us that all information you submit when you create your Account is accurate, current and complete and that you will keep your Account information accurate, current and complete. If we have reasonable belief that your Account information is untrue, inaccurate, out-of-date or incomplete, we reserve the right to suspend or terminate your Account.

You are solely responsible for the activity that occurs on your Account, whether authorized by you or not. It is your responsibility to ensure your Account information is secure, including without limitation your customer number/login, password, payment method(s), and shopper PIN. For security purposes, we recommend that you change your password and shopper PIN at least once every three (3) months for each Account you have with us. You must notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss we or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

In relation to domain name services offered by us, a Registered Name Holder’s willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen (15) calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder’s registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration.

Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm.

1.2.1 Registrar shall provide notice to each new or renewed Registered Name Holder stating:

1.2.1.1 The purposes for which any Personal Data collected from the applicant are intended;

1.2.1.2 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);

1.2.1.3 Which data are obligatory and which data, if any, are voluntary; and

1.2.1.4 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them.

1.2.1.5 The Registered Name Holder shall consent to the data processing referred to in Subsection 1.2.1

1.2.1.6 The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection 1.2.1 to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection 1.2.1.5 of any such third-party individuals.

1.2.1.7 Registrar shall agree that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Subsection 1.2.1 above.

1.2.1.8 Registrar shall agree that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

1.2.1.9 The Registered Name Holder shall represent that, to the best of the Registered Name Holder’s knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

1.2.1.10 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) where Registrar is located.

1.2.1.11 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.

1.2.1.12 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder’s domain name registration.

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

1.3 Structure of terms

These terms are structured so that there are clauses which apply to all Services (“the general clauses”) and there are clauses which apply in respect of particular Services. Unless a specific subsection is cited, references to any clause include the subsection in that clause (for example, a reference to clause 1 includes this subsection 1.3, while a reference to clause 1.2 does not include this subsection 1.3).

For the purposes of these terms, the general clauses refer to clauses 1 to clauses 15, while the remaining clauses specify which particular Services they apply to.

Several of the remaining clauses may not apply as you may not have purchased or used those particular Services. However, if you have purchased a particular Service, and there is an inconsistency between a general clause and the clause which applies in respect of that particular Service, you agree that the inconsistency shall be resolved by giving precedence to the clause applying to the particular Service.

Lachlan Williams

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