Last updated 24 May 2023
This document contains information explaining your rights to access and use the Services on the website at sensemitter.com (the “Website”) and constitutes a binding agreement between you and Sensemitter Services LTD. Please read these terms and conditions carefully before accepting them. If you do not agree to these terms and conditions, do not use the service.
1. TERMS AND DEFINITIONS
“Company” means a Sensemitter Services LTD, company incorporated in Cyprus (registration number HE 440372), whose registered office is at 155 Arch. Makariou III, Proteas House, 5th floor, Limassol, Cyprus. 3026 (the “Company”).
"Device(s)" means any application access devices, including but not limited to personal computers, laptops, mobile telephones, personal digital assistants, PDA telephones employed for the use of and access to the Website and participation in the Services;
“Intellectual Property Rights“ means all copyright and rights in the nature of copyright, design rights, patents, trademarks, database rights, applications for any of the above, moral rights, rights in confidential information, know-how, domain names and any other intellectual or industrial property rights (and any licences in connection with any of the same) whether or not registered or capable of registration and whether subsisting in any part of the world;
"Services" means the services used through the Website;
“T&C” means these Terms and Conditions as varied and amended by the Company from time to time at its sole discretion;
"You" and “Your” relates to you, the user of the Website, who utilizes the Services;
"We", “Our” and “Us” relates to the Company.
2. APPLICATION OF THESE T&C
2.1.1 By using the Services, Уou agree to be bound by these T&C, which shall take effect immediately upon Уour first use of the Services. If Уou do not agree to be bound by these T&C then please do not access or use the Services.
2.1.2 You further acknowledge that Your failure to comply with these T&C may result in legal action against You as deemed appropriate and as more particularly detailed below.
2.1.3 In addition to these T&C, please review our Privacy Policy and any other rules, policies and terms and conditions relating to the services available on the Website as notified to You by Us from time to time, which are incorporated into these T&C by reference.
2.1.4 You fully understand and agree to be bound by these T&C as amended by the Company from time to time. The Company reserves the right to amend these T&C or any part thereof at any time. If we make such amendment, we will place a notice of such change in a prominent position on the Website. It is Your responsibility to check these T&C from time to time to ensure that You agree with them and Your continued use of the Services will be deemed to be Your acceptance of any amendments to these T&C. If You do not accept these T&C following an amendment, do not continue to use the Services.
2.1.5 By accepting the terms of this Agreement, You acknowledge and agree that Your data is received, processed and stored as per the Privacy Policy. Your personal data shall be received, processed, stored and disclosed in accordance with the legislation to provide You with existing and new services of the Website.
2.1.6 To protect the Your data and to follow the requirements set by the European privacy law No. 2016/679 dated 27.04.16 and taken effect on May 25, 2018, aiming at providing more effective and secure ways of control of the personal data to the interested parties, the Company undertakes to respect Your rights under the Swiss, European and other fundamental laws protecting personal data applicable to the Website.
2.1.7 If there is any conflict between these T&C and any other localised terms and conditions governing the use of and access to the Services to which You have consented, the localised terms and conditions shall prevail.
2.1.8 The English language version of these T&C shall be the prevailing version in the event of any discrepancy between any translated versions of these T&C.
2.1.9 Your attention is drawn to our Privacy Policy, which describes how we deal with and protect Your personal information and by accepting these T&C You are also acknowledging and accepting that policy. Accepting our Privacy Policy generally, You also acknowledge that we are entitled to share Your personal information with regulators (including the police) and authorised bodies for the purpose of investigating fraud, genocide, acts of terrorism, international and other crimes, infringement of Intellectual Property Rights of third parties or related issues.
2.1.10 You agree to use the Services only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Services.
3. LICENSE & INTELLECTUAL PROPERTY
3.1 Subject to these T&C, the Company grants You a personal, non-transferable and non-exclusive right to use the Services for Your personal, non-commercial use and not for resale or further distribution. Your right to use the Services is limited by the terms set forth in these T&C.
3.2 You acknowledge that all Intellectual Property Rights in the Website and/or Services are owned by or licensed to the Company. This material is made accessible to You as part of the Services and remains property of the Company (and/or our licensor). You do not gain any rights to such material. Applicable intellectual property laws protect the Services.
3.3 Under no circumstances may You use the Intellectual Property Rights or the Website and/or the Services without the Company's prior written consent.
3.4 Except as otherwise explicitly provided in these T&C or as may be expressly permitted by applicable law You are not permitted to, and You agree not to permit or authorised others to:
(a) sublicense, rent, lease, loan, sell or otherwise transfer the Website or the Services (or any part thereof);
(b) modify, adapt, reverse engineer or decompile the Website, or otherwise attempt to derive source code from the Website;
(c) create any derivative works in respect of the Website or the Services; or
(d) otherwise use the Website or the Services except as expressly provided in this Agreement;
(e) use the Services for any purpose other than Your personal use.
3.5 Except as otherwise expressly provided in these T&C, permitted by applicable law, authorized by Us in writing or authorized by the applicable owner of Intellectual Property Rights to any content including, but not limited to, the software images, pictures, graphics, photographs, animations, audio, visual, audiovisual works and text or other content made available on the Services (“Content”), You are not permitted, and You agree not to permit or authorised others to:
(a) copy, modify, distribute, or resell any of the Content or compile or collect any Content as part of a database or other work;
(b) decode, disassemble, decompile, reverse engineer, create derivative works from or translate or convert the Content;
(c) rent, lease, or sublicense Your access to the Services to another person;
(d) use the Content for any purpose except for Your own personal use;
(e) remove, alter, or obscure any copyright, trademark and any other proprietary notices from the Content.
4. RIGHTS OF THE COMPANY IN RELATION TO THE WEBSITE
4.1 The Company may send newsletters with information about the development of the Website, new offers and advertising to You.
4.2 The Company is entitled to carry out preventive maintenance works with the temporary suspension of the Website operation with or without prior notification of You.
5. LEGAL USE REQUIREMENTS
5.1 It is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Services. Any use of the Services is at Your sole option, discretion and risk. By using the Services, You acknowledge that You do not find the Services to be offensive, objectionable, unfair, or inappropriate in any way.
5.2 As a condition of Your use of the Services, You warrant and undertake that You shall not use or access the Website and Services for any unlawful purpose under any law that is applicable to You or that is prohibited by or in breach of these T&C. In particular (and in addition to all other representations and warranties set out in these T&C) You warrant as a condition of use of the Services that:
5.2.1 You are using the Website and the Services solely for Your own personal use and are acting in Your own legal capacity and not on behalf of another person or company;
5.2.2 Your use of the Services is at Your sole discretion and risk;
5.2.3 You will not conduct criminal or other unlawful activities through the Website and You shall not allow other persons to use the Services for any unlawful activities under any law applicable to You or Us;
5.2.4 You will not solicit or in any way seek to obtain any information relating to other users;
5.2.5 You will not upload or distribute any software program, file or data that contains viruses, is corrupted or may affect the operational performance of the Device(s), the Services and/or the Website;
5.2.6 You will not attempt to modify, decompile, reverse-engineer or disassemble the Services or the Website in any way;
5.3 If You see Content on the Services that violates the restrictions set out in Clause 5.2 above, please contact the Company.
6. USAGE OF THE WEBSITE. RESPONSIBILITY.
6.1 You agree not to take any actions and not to post materials that violate existing legislation and norms of international law, including in the sphere of intellectual property, copyright and/or related rights or generally accepted norms of morality and ethics, and any actions that lead or may lead to malfunction of the Website and Services.
6.2 The use of Website materials without the consent of the copyright holders is not allowed.
6.3 You are warned that the Company is not responsible for the access to and the use of external resources, links to which may be included in the Website.
6.4 You agree that the Company is not responsible for the products or services purchased by You from outside organizations.
6.5 You accept the provision that all the materials and services of the Websiteor any part thereof may be accompanied by advertising.
6.6 You agree that the Company does not bear any responsibility and does not have any obligations in connection with such advertising.
6.7 You shall not assign, transfer, charge, create a trust over or otherwise deal in Your rights and/or obligations under these T&C (or purport to do so).
7. DISCLAIMERS AND LIMITATION OF LIABILITY
7.1 Under no circumstances, including negligence, shall the Company be liable for any damages or losses, without limitation, that are deemed or alleged to have resulted from or caused by the Website or its content, or by the Services, including without limitation delays or interruptions in operation or transmission, communications, lines failure, any person's use or misuse of the site or its content, any errors or omissions in content, or viruses or bugs in the Services. The Services which are provided to You "as is" and we provide You with no warranty or representation whatsoever, expressed or implied, regarding their quality, fitness for purpose, completeness or accuracy.
7.2 For the avoidance of doubt, the Company further disclaims any and all warranties, representations and responsibilities in respect of any aspect of the Services which may be provided by third parties, including but not limited to telecommunication providers, and shall not on any account be liable for any default, breach or inaction of such third party partners.
7.3 Under no circumstances, including negligence, shall the Company, our related corporations, affiliates, partners, officers, employees and agents be responsible or liable for any damages, losses or expenses, including without limitation direct, indirect, consequential or special damage or economic loss arising from or in connection with Your access or use of the Services and the Website, or Your use of the Website regardless of whether the Company has been advised of such a possibility or not.
7.4 You hereby acknowledge and agree that all disclaimers and exclusions of liability contained in these T&C represent a fair and reasonable allocation of the risks and benefits of these T&C, taking all relevant factors into consideration. You further agree that these disclaimers and limitations shall be enforceable to the extent permitted by applicable law.
7.5 The Company reserves the right to suspend, discontinue, modify, remove or add to the Services, temporarily or permanently, in its absolute discretion with immediate effect and without an obligation to provide You with notice and We shall not be liable in any way whatsoever for any loss suffered as a consequence or any decision made by the Company in this regard.
8. LINKS TO OTHER WEBSITES
8.1 The Website may, from time to time, contain links to other websites which are outside our control and are not covered by these T&C. If You access other websites using the links provided, You will have to comply with relevant terms and condition of such websites. We do not accept any responsibility or liability for using the services provided on the websites which You may access through links contained on the Website.
8.2 The operators of these websites may collect information from You which will be used by them in accordance with their privacy policy, which may differ from ours. We do not accept any responsibility or liability for these policies. Please check these policies before You submit any information to these websites.
9. BREACH OF T&C AND INDEMNITY
9.1 Without prejudice to any other rights contained in these T&C, if You breach in whole or in part any provision contained in these T&C the Company reserves the right to take such action as it sees fit, including terminating these T&C, immediately blocking Your access to the Services and/or Website and/or taking legal action against You.
9.2 You agree to fully indemnify, defend and hold harmless the Company and its shareholders directors, employees, officers, licensees, licensors, affiliates and subsidiaries from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, however caused, that may arise as a result of:
9.2.1 Your breach of theses T&C, in whole or in part;
9.2.2 violation by You of any law or any third party rights, including Intellectual Property Rights;
10. GOVERNING LAW
These T&C and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Cyprus. Each party irrevocably agrees that the relevant courts of Cyprus shall have the exclusive jurisdiction in relation to any claim, dispute, or difference concerning these T&C and any matter arising therefrom and irrevocably waives any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.
11. TERM AND TERMINATION
11.1 These T&C come into force from the moment of Your acceptance by first use of the Website.
11.2 You may terminate these T&C at any time by sending us a written notice of the termination.
11.3 We may terminate these T&C with immediate effect at any time by written notice to You.
11.4 After termination of these T&C for any reason whatsoever any rights, obligations and/or liabilities accrued before the date of termination shall continue in force until their full completion.
12. MISCELLANEOUS
12.1 If a provision of these T&C is or become illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
12.2 The headings in these T&C are for reference only and do not affect the construction or interpretation of any provision.
12.3 If the Company fails or delays the performance of any obligation under these T&C due to the reasons of the occurrence of events which are beyond the Company's control, including, but not limited to acts of God, Government restrictions, wars, insurrections, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services and failure or shortage of power supplies or equipment, such failure or delay does not constitute a breach of these T&C.
12.4 Neither failure nor delay on the part of the Company to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege.
12.5 The Company reserves the right to assign these T&C, in whole or in part, at any time without notice.
12.6 Nothing in these T&C shall create or confer any rights or other benefits in favour of any third parties not party to these T&C.
12.7 Nothing in these T&C shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between the Company and You.
12.8 These T&C constitutes the entire understanding and agreement between the Company and You regarding the Services and the Website and supersedes any prior agreement, understanding or arrangement between the Company and You.
13. QUESTIONS
13.1 Please email us at dpo@sensemitter.com with any questions You have about these T&C.