Terms and Conditions
Terms and Conditions
1 THESE USER TERMS
1.1 In accordance with the following user terms (‘User Terms’) and the A63 Digital Affiliates (defined in Clause 11.1 below) grant to you as an authorised user (‘you’) of this A63 Digital website (‘Website ‘) certain rights (as set out below) and in return you agree to perform certain obligations.
1.2 Please read these User Terms carefully. They are a legal document and, by your use of the website , you agree to be bound by these User Terms.
1.4 Reference to the “Publisher” in these terms and conditions of use refers to trading as A63 Digital.
1.5 If you do not agree with these User Terms and do not wish to be bound by them, please exit this website and do not use the website in the future.
2 LICENCE TO USE MATERIAL ON THE WEBSITE
2.1 A63 Digital grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the website (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) (‘A63 Digital Material’) on the basis set out in Clause 2.2.
2.2 You are entitled to view, copy, print, access, download and transmit (for the purposes expressly permitted in these User Terms) and store the A63 Digital Material for your own personal, non-commercial use provided that you do not:
2.2.1 remove any notices relating to the ownership of copyright or other intellectual property rights in the A63 Digital Material;
2.2.2 modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the A63 Digital Material;
2.3 Any product, process or technology referred to in the A63 Digital Material may be subject to other intellectual property rights of A63 Digital and are not made available hereunder.
3 OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
3.1 Notwithstanding the limited rights granted to you in accordance with Clause 2, A63 Digital retains all ownership, title and interest in the intellectual property rights contained in the A63 Digital Material including but not limited to copyright, database rights, trademarks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registrable or not in any jurisdiction in the world.
3.2 A63 Digital and the A63 Digital logo are trademarks or registered trademarks. All other product names and company logos mentioned in the information, documents or other items provided or available herein may be the trademarks of their respective owners.
4.1 Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
4.2 At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or A63 Digital Ltd cancels it. Notification of intent to cancel must be issued 30 days prior to billing date.You may cancel your Subscription renewal by contacting A63 Digital cancellations team firstname.lastname@example.org
4.3 A valid payment method, including credit card or direct debit mandate, is required to process the payment for your Subscription. You shall provide A63 Digital with accurate and complete billing information including full name, address, county, eircode, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize A63 Digital Ltd to charge all Subscription fees incurred through your account to any such payment instruments.
4.4 Should automatic billing fail to occur for any reason, A63 Digital will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
5.1 A63 Digital Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
5.2 A63 Digital Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective 30 business day prior to your renewal date.
5.3 Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
- Except when required by law, paid subscription, first month’s and setup fees are non-refundable.
DURATION OF USER TERMS AND TERMINATION
7.1 These User Terms are binding upon you immediately. You accept them by your use of this website, and they will remain in force until the earlier of the following:
7.2 you breach any of the terms of the licence granted to you in accordance with Clause 2;
7.3 A63 Digital terminates these User Terms by notice to you at any time in accordance with Clause 10.2; or
7.4 you terminate these User Terms by notice to A63 Digital at any time in accordance with Clause 10.3.
7.5 In the event that these User Terms are terminated for any of the reasons stated above, you agree to comply with the following obligations:
7.6 the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the A63 Digital Material;
7.7 you must delete or destroy any of the A63 Digital Material stored by you in electronic or hard copy form as soon as reasonably practicable; and
7.8 you will have no further rights to access or use the website or any of the services provided on the website.
LINK TO OTHER WEBSITES
8.1 Our Service may contain links to third-party websites or services that are not owned or controlled by A63 Digital.
8.2 A63 Digital has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that A63 Digital shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
8.3 We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
9 These Terms shall be governed and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.
9.1 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
10.1 In these user terms, “A63 Digital Affiliates” shall mean any subsidiary or holding company of A63 Digital.ie, or any subsidiary of A63digital.com.
10.2 A63 Digital reserves the right to add to or change the terms of these User Terms in its sole discretion without your prior consent. All changes to the User Terms will be effective once posted on the website. A63 Digital will provide notice on the website of any changes to the User Terms for 30 days after A63 Digital has posted the amended User Terms on the website. Your continued use of the website or any of A63 Digital services available on the website following A63 Digital posting of such changes will be regarded by A63 Digital as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use any of A63 Digital.ie’s services on the Web Site in the future.
10.3 No variation or amendment to these User Terms by you is valid unless otherwise agreed by A63 Digital in writing and signed by a duly authorised representative of A63 Digital and you.
10.4 If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.
10.5 Your use of the internet is solely at your risk and subject to all applicable laws, and A63 Digital has no responsibility for any information, software, services or other materials accessed or obtained by you using the internet. A63 Digital does not assume any liability for timely, trouble-free and uninterrupted access to the internet.
10.6 These User Terms do not affect any consumer rights that you may have under the provisions of any applicable law or regulation.