Terms and Conditions
SynchroMesh website software ("SynchroMesh") is owned, operated and made available by Cosnetics Web Solutions Limited ("Cosnetics") for the purpose of hosting customer data and making it accessible via the Internet.
1. Application of Conditions of Use
By accessing or using any part of SynchroMesh you agree to be bound by the conditions of use. If you do not wish to be bound by these conditions, you may not access or use SynchroMesh.
We may change these conditions at any time without any notice to you. By your continued access and use of SynchroMesh you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.
2. Software licence and rights
2.1 Cosnetics grants you a royalty-free, worldwide, non-transferable non-exclusive licence to use SynchroMesh website software. You have the right to authorise employees, agents and third party consultants and contractors to use the Software provided that such use is consistent with these conditions of use.
2.2 You do not have any right, title, interest or intellectual property rights in the Software except as expressly set out in clause 2.1;
2.3 We do not operate an open source policy and you will not yourself, or through any parent, subsidiary, affiliate agent or other third party:
2.3.1 copy the Software
2.3.2 sell, lease or sublicense the Software or the documentation connected with it;
2.3.3 reverse engineer or decompile the Software for the purpose of developing derivative software.
3. Website content and data
3.1 You may not distribute in the content on your website any material or other information that:
3.1.1 infringes any intellectual property rights;
3.1.2 is in breach of any law, statute or regulation;
3.1.3 is defamatory, libellous, unlawfully threatening or harassing;
3.1.4 is obscene, pornographic or indecent;
3.1.5 contains any viruses or other computer programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information;
3.1.6 is not solicited
3.2 For the avoidance of doubt, Cosnetics does not monitor, and will have no liability for the content of, any communications transmitted by virtue of the SynchroMesh service.
4. Disclaimer of representations and warranties
4.1 The SynchroMesh service is provided by Cosnetics on an 'as is' and 'as and when available' basis to users. You use it at your own risk.
4.2 Neither Cosnetics nor any of its officers, directors, shareholders, employees, affiliates, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:
4.2.1 that the SynchroMesh service will be uninterrupted or error-free;
4.2.2 that the SynchroMesh service or the computer server from which the service is made available, are free of viruses or other harmful components.
5. Limitation of Liability
5.1 Cosnetics does not seek to limit or exclude liability for death or personal injury arising from their negligence.
5.2 Under no circumstances will Cosnetics or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of SynchroMesh be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:
5.2.2 the use and reliance on SynchroMesh; or
5.2.3 the inability to use SynchroMesh; or
5.2.4 mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to SynchroMesh including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to Cosnetics records, programs or services; or
5.2.5 any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using SynchroMesh
5.3 Cosnetics is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit or is otherwise distributed by using SynchroMesh is done at your own risk and Cosnetics shall not be responsible or liable for any damages or injury that may result from transmitting such information.
5.4 If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability it limited to the fullest extent permitted by law.
5.5 These conditions constitute the entire agreement between you and Cosnetics with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
6. Jurisdiction and governing law
These conditions shall be governed by and construed in accordance with the laws of England.
