TERMS & CONDITIONS
Last Revision: 1st May, 2013
LEGAL NOTICE: This legal notice applies to the entire contents of the Website under the domain name www.mangossl.com (” the Website”) and to any correspondence by e-mail between us and you (“the user”, “the customer”, “the client” and terms of similar meanings.). Please read these terms carefully before using the Website. Using the Website indicates that you agree to be legally bound by these terms and all terms, policies and guidelines incorporated by reference in these terms (these “terms”) regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Synthetic Solutions Ltd whose address is Room 1902, Hua Fu Commercial Bld, 111, queen’s road west, Sheung Wan, Hong Kong. (The Company”, “us”, “we”).
1.1 You may access some areas of the Website without registering your details with us. Most areas of the Website are only open to you if you register.
1.2 By accessing any part of the Website, you are deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 Services mean the web services, associated software, and other services provided to you by the Company in accordance with these terms. The charges for the Services will vary to reflect the amount of storage available, the number of users required and other functionalities.
2.2 The Free Service means those limited Services that are available without charge.
2.3 The Subscription Service means all Services other than the Free Service.
2.4 Content means all data, information or material without limitation that is uploaded to, transferred through, publicly posted, processed or entered into the Website using the Services.
2.5 Intellectual Property Rights means any copyright, database right, design right, trade mark, service mark, patent, rights in invention, domain name, confidential information, know-how, business name, trade name, get-up, trade dress, right to sue for passing off or for unfair competition, and any other intellectual property rights whether applied for, registered or unregistered and all extensions, renewals and revivals thereof and existing anywhere in the world.
3.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
3.2 Subject to these Terms we hereby grant to you a non-transferable, non-exclusive, non-sub licensable limited term right and license for you to access and use the Services solely for the purpose of storing or otherwise using or sharing with other members of the site documents, files, electronic media, emails, calendar dates, whiteboards and other data input by you or used in connection with the Services.
3.3 Other than the rights specifically granted under Clause 3.2 of these terms you are not given any right, title or interest in or to the Website or the Services, and the Company expressly reserves all such rights, titles and interests.
3.4 The license granted to you under Clause 3.2 depends upon your compliance with these terms and such other rules as may be imposed from time to time upon use of the Services and of the Website.
3.5 The Website and the Services are and shall remain the Company’s exclusive property.
3.6 No part of the Website may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
3.7 Any rights not expressly granted in these terms are reserved.
4.1 While the Company endeavors to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
4.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4.3 The Company is continually developing and improving the Services and reserves the right to update and change these terms to reflect such improvements from time to time without notice.
4.4 The Company reserves the right to review your use of the Services and to make changes to your subscription package where the storage used exceeds the limit specified. Where such change is necessary the Company will give you 30 days’ notice of the increased charges for which you are liable.
5.2 The Company shall have no intellectual property rights in the Content posted by you to the Website. It is your responsibility to ensure that access to such Content is given only to users who are entitled to view it.
5.3 ou are prohibited from posting or transmitting to or from the Website any Content:
5.3.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
5.3.2 for which you have not obtained all necessary licenses and/or approvals; or
5.3.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
5.3.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.4 This is the responsibility of the account holder regardless of who posts the offending entry.
5.5 You may not misuse the Website (including, without limitation, by hacking, reverse engineering or by blocking popups and advertisements).
5.6 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 5.
5.7 You must be legally capable to use this service. Accounts registered by automated non-human users will not be accepted and the company reserves the right to delete any such account on discovery.
6.1 You must not do any of the following acts:
6.1.1 Distribute, supply, modify, incorporate, or alter the Services and any material provided to you as part of the Services;
6.1.2 Reverse engineer or otherwise disassemble any part of the Services or the Website;
6.1.3 Copy any software provided to you as part of the Services or the Website and in particular its source code
6.1.4 Create any derivative version of any software provided by us to you
6.1.5 Redistribute or transfer any software provided by us to you;
6.1.6 Remove from Content any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in such Content;
6.1.7 Use any information in the Website for the sending of spam, bulk email messages, bulk instant messages, MP3 files, music files, video files or executable program files;
6.1.8 Use the Services to upload post, email or transmit viruses, Trojans, worms, time bombs, corrupted files, or any other software that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or network equipment;
6.1.9 Use the Services to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any Content;
6.1.10 Use the Website to infringe the Intellectual Property Rights of any third party.
7.1 When you sign up for Mango services, we will automatically create an account (“account”). You may create multiple accounts in accordance with the terms of the plan you have signed for.
7.2 You may designate any other customer to be an account administrator of his or her account. A customer is responsible for all activities occurring under its account.
7.3 Each account will be associated with one plan.
7.4 You must provide your full name together with a valid email address and the other mandatory information required by the registration process.
7.5 Responsibility for the security of any passwords issued rests with you. You may notify us immediately of any unauthorized use of any password, account, copying or access to the Website.
7.6 No user ID may be shared by more than one customer. You are entirely responsible for maintaining the confidentiality of your user ID and account information. The customer acknowledges and agrees that he is solely responsible for its use of the website and all acts, omissions and use of user ID or/and passwords.
8.1 You are responsible for monitoring your Website workspace and are liable for ensuring that Content transferred to or handled within the Services which is processed by you and/or individuals invited by you to do so does not infringe any third party rights nor in any other manner violates governing legislation.
8.2 You undertake to indemnify us and keep us indemnified against any and all loss suffered as a result of you breaching this Clause 8.
8.3 You undertake not to use the Services in order to obtain Content which per se or if sent to another party might injure the reputation of a third party, or in any manner which may result in the infringement of any third party’s Intellectual Property Rights, or which constitutes a dissemination of business secrets, or may incite a third party to commit or participate in a crime, or may be understood as constituting a threat, or to use the Services in any other manner incompatible with the purpose of the Website.
8.4 You shall not invade the privacy of others, misuse the personal data of others, or otherwise incite a person, persons or body corporate to carry out such acts and you shall not make available defamatory abusive or obscene Content.
8.5 You undertake not to provide access to the Services to anyone else than individuals who have completed the registration form and thereby agreed to these terms.
8.6 You agree not to use or launch any automated system, including without limitation, “robots”, “spiders” or “offline readers” that accesses the Services in a manner that sends more request messages to our servers in a given period of time than a single human can reasonably produce in the same period by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information, including names, from the Services.
8.7 You undertake to notify us in writing of any breach of these terms of which you become aware.
9.1 While the Company endeavors to ensure that the information on the Website is correct, it does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
9.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website.
10.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any Websites linked to the Website or the material on such Websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any Websites linked to the Website.
10.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:
10.2.1 Death or personal injury caused by negligence as such term is defined by the Unfair Contract Terms Act 1977 or
10.2.2 Fraud; or
10.2.3 Misrepresentation as to a fundamental matter; or
10.2.4 Any liability which cannot be excluded or limited under applicable law.
11.1 The Company reserves the right to suspend your account (permanently or temporarily) in the following circumstances:
11.1.1 Abusive or excessively frequent requests to the website
11.1.2 Bandwidth usage exceeding the fair usage level set out in your subscription package
11.1.3 Otherwise for any reason and in the absolute discretion of the Company
12.1 You may use the Free Service without charge subject to these Terms whilst it is available. The Company reserves the right to withdraw the Free Service at any time 30 days after posting notice of discontinuance of the service on the Website.
12.2 When you first create your account, we automatically place it on 30 (thirty) days free trial. During the trial, unlimited access to the functionalities of the website is granted.
12.3 This 30 days free trial DOES NOT cover unlimited data storage. Data storage is limited to 10 clients, 100 products and 100 invoices. All others items (“accounts”, “categories” and assimilated items) are altogether limited to 10 each.
12.4 Payment is not required for the free 30 days trial. At the end of the trial, if you do not explicitly upgrade to a paid plan, the account will transition to the free plan as described on the plan and billing page. If the account exceeds the limits associated with the free plan, the account will be suspended immediately and data will be read-only until the account is either brought below the free plan limits or you purchase a paid plan. After 30 days, we reserve the right to delete the content associated with the unpaid account.
12.5 You may open one and only one free trial account. Any additional account that you create will start on a free plan. If the customer is a company, only one employee or consultant of such company is entitled to receive the free 30 days trial.
12.6 Charges for the Subscription Services are determined by the plan selected on the plan and billing page. The charges are payable monthly in advance and in the event of cancellation part way through a month are non-refundable. The amount of subscription payable is dependent on the amount of storage and number of authorized user accounts set out in your subscription package. Payment must unless otherwise agreed be made by PayPal, bank transfer or other authorized online payment method.
12.7 In the event that you upgrade to a higher plan, the charges for the new plan will be calculated on a pro-rated basis for the remainder of the term.
12.8 You are responsible for all taxes and the subscriptions charges do not include any applicable taxes. If any taxes happen to be levied in relation to paid user purchase, those taxes will be billed to and paid by you.
13.1 You may cancel your account at any time by contacting us at [email protected] .
13.1 Upon cancellation your content will be deleted from the system within 30 days and cannot be recovered.
14 Disclaimer of warranty
You agree that your access to and use of, or inability to access or use, the website is at your’ sole risk. We have taken every care in care in the preparation of the content of this website. Our service is “as is” and “as available”. To the extent permitted by applicable law, the company disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this web site, including without limitation: any implied warranties of merchantability and fitness for a particular purpose; any liability for damage to your computer hardware, data, information, materials and business resulting from the information or the lack of information available on the Website; any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information; any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; any decision made or action taken or not taken in reliance upon the Information furnished hereunder. The company makes no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. We make no warranty, representation or guarantee that the Information will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, shall include its departments, subsidiaries, successors, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
15 Limitation of liability
To the maximum extent permitted by law, the company will not be liable to customer for any direct, indirect, special, consequential or exemplary damages arising out of or relating to this agreement or any access to or use of the website, even if such parties were aware of the possibility of such damages. In no event will the aggregate liability for any and all of customer’s claims against the company and its contractors and licensors arising out of or related to this agreement exceed the value paid for use of the website during the 12-month period prior to the date a claim is made. The parties agree that this limitation of liability represents a reasonable allocation of risk. 16 These terms shall be governed by and construed in accordance with Hong Kong law. Disputes arising in connection with them shall be subject to the exclusive jurisdiction of the Hong Kong courts.
Issue Date: 1st May 2013