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Terms And Conditions
The Terms and Conditions hereunder cover both online and off-line purchase of CONFIRMIS products and services as published in the CONFIRMIS website and off-line contract to purchase CONFIRMIS products and services as well as access and use of the CONFIRMIS website.
All information, whether written or oral, incorporated in the publications, via online or offline and on the CONFIRM website or in any other document delivered to the Customer pursuant to this Agreement or submitted in answer to a regular or special enquiry or voluntarily furnished to the Customer by CONFIRMIS, is for the exclusive use of the Customer as one factor in the Customer's business related risk assessment of commercial entity. It is expressly prohibited to use information or derived information furnished by CONFIRMIS for any other purposes or any other form of assessment including but not limited to assessment of an individual or a group of individuals or a family or household or for employment. It is further prohibited to use such information to engage in any unfair or deceptive practices. Such information shall be held in strict confidence and shall never be revealed or made accessible in any manner whatsoever to the persons reported upon or to any other persons. It is expressly agreed that the Customer shall neither request information for the use of others, nor permit requests to be made under this agreement by others
The Customer shall not further distribute the information or request for information on behalf of another entity or individual other than the contracting entity stated in this Agreement. The information furnished is solely for the Customer's internal use. Without limiting the foregoing, none of the information furnished hereunder may be used to create the whole or any part or any form of marketing activities or to support any research or compiled into data storage media which may be sold or otherwise provided to any third party. The Customer is not permitted and will not allow any third party to adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with any element of the CONFIRMIS products and services.
All information furnished hereunder shall be held in strict confidence and shall never be reproduced, revealed or made accessible in whole or in part, in any manner whatsoever, to any others unless required by law, or unless the Customer first obtains CONFIRMIS 's written consent.
Pursuant to any prevailing Data Protection Law in effect, the Customer hereby agrees, consents to and authorizes CONFIRMIS and/or its suppliers to collect, process and/or disclose any form of data provided directly to CONFIRMIS to the extent required for CONFIRMIS to discharge its obligations under this Agreement. The Customer is obligated to have also obtained the same agreement, consent and authorization from other sources that they have obtain the data from before providing it to CONFIRMIS.
The Customer acknowledges that CONFIRMIS and/or its suppliers do not, and could not for the fees charged hereunder, guarantee or warrant the correctness, completeness, currentness, merchantability or fitness of the information, including derived information and any visual and graphical representation for a particular purpose. CONFIRMIS, in furnishing information, does not and cannot underwrite or assume the Customer's risk, in any manner whatsoever. The Customer therefore agrees that CONFIRMIS and/or its suppliers shall not be liable to the Customer for any loss or inquiry arising out of or caused in whole or in part by CONFIRMIS's and/or its suppliers’ negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering information.
The Customer also agrees that CONFIRMIS 's aggregate liability, if any, for any and all losses or injuries to the Customer arising out of any omissions or acts of CONFIRMIS whether negligent or otherwise in connection with any services to be done or furnished in connection with the use or performance of the CONFIRMIS products and services or web site or related services, regardless of the cause of the loss or injury and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the amount paid by the Customer for the services done or furnished hereunder and the Customer covenants and promises that it will not sue CONFIRMIS for an amount greater than such sum. The Customer further agrees that CONFIRMIS will not be liable for consequential damages.
CONFIRMIS will not be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency or circumstances beyond the reasonable control of CONFIRMIS, including without limitation Internet outages, communications outages, fire, flood war or act of God.
This Agreement is not binding upon CONFIRMIS until accepted. CONFIRMIS may terminate this Agreement at any time and without prior notice in the event of a breach thereof by the Customer and otherwise upon thirty days written notice, in which the latter event CONFIRMIS shall refund the unearned portion of any amount paid by the Customer under this Agreement less any applicable taxes, any bank charges or fund transfer fees required in the process. CONFIRMIS reserves the right to terminate access to the CONFIRMIS ordering platform for Customer upon expiry of the Agreement or termination of their Agreement for any breach by the Customer, cyber treats or any reason that CONFIRMIS deemed required to avoid commercial or reputational damages or loses.
The Customer agrees to make payment of the contracted service stated in this Agreement in advance and acknowledge that service fulfillment may be withheld until full payment has been received by CONFIRMIS. The Customer agrees to pay delivery charges, if any, and all applicable taxes, which are not included in the amounts shown on the face of this Agreement or on its web site. CONFIRMIS is not obligated to give any refunds for unused service.
No waiver or amendment of this Agreement shall be binding on either party unless it is in writing and is signed by an authorized official of CONFIRMIS and the Customer.
CONFIRMIS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CONFIRMIS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CONFIRMIS web site or information provided to or gathered by CONFIRMIS with respect to such use, either via online or offline.
CONFIRMIS reserves the right to modify these Terms and Conditions in writing or via its website and may at any time increase the service plans and pricings published in the CONFIRMIS website or in hardcopies. The latest Terms and Conditions may also be obtained at CONFIRMIS’s website (www. confirmis.com).