General Terms and Conditions
Effective Date: July 16th, 2013
These General Terms and Conditions (the “Terms”) govern the use of the Ciiva™ services (the “Services”) and the use of the Ciiva client software (the “Software”). By using the Services or the Software you (the “Customer”) agree to be bound by these Terms. Use of the Services or the Software extends to any form of access or usage including downloading. If you are agreeing to these Terms on behalf of a company or organization, you are agreeing for that company or organization and affirm that you have the authority to do so.
1. Services
The Customer may use the Services made available by Ciiva UK. (the “Service Provider”) under these Terms. By using the Services, the Customer agrees to the transfer, processing and storage of Customer data (cf. Privacy and Personal Data).
Use of the Service implies that the Service Provider may process search queries on the Internet using anonymised data, access third-party services and transfer data and third-party content to the Customer's computer.
The Customer has to pay the subscription fees (if any) as published on the Ciiva website before accessing and using the Service. The subscription ends without further notice at the expiry date indicated on the Ciiva account.
The Service Provider may update or change the Services from time to time without notification. Legal notices that are displayed in connection with the Services or as part of the content may not be removed or changed by the Customer.
2. Software
Use of the Services requires the download and installation of the Software. The Service Provider hereby grants you a nonexclusive, nontransferable, revocable license to use the Software. The Software may only be used as long as the Customer has a valid Ciiva account and only for use with the Services. All other rights are reserved.
The Service Provider may release updates or changes of the Software from time to time without prior notification. The Customer shall inform the Service Provider in case of critical software errors which can cause damages to the Customer's or third parties' software or computer system.
All hyperlinks to third-party websites are clearly displayed in the Software. The Service Provider does not host and is neither responsible nor liable for the content of these third-party websites.
The Customer is solely responsible for installation and maintenance of security software for protection against malware and unauthorized system infiltration. The Customer may be liable for any damages of the Service Provider or other customers due to malware or system infiltration originating from his system.
3. Accounts
To access and use the Services, the Customer must create a Ciiva account (the “Account”) associated with a valid e-mail address. The Customer may only create one account per e-mail address, unless permitted otherwise by the Service Provider. The Customer is responsible for maintaining correct and up to date data. The Service Provider may verify the information on the Account and the Customer will give reasonable support in any verification process.
The Customer will prevent any unauthorized use of or access to his account or the Services and the Software. The Customer shall take all reasonable steps to terminate any unauthorized use and inform the Service Provider immediately. The Customer is responsible for safeguarding the password and agrees not to disclose the password or other relevant information to a third party.
The Service Provider reserves the right to immediately delete the Account in cases of infringements against the law or these Terms, without prior notice.
4. Privacy and Personal Data
The Customer agrees that the personal data on the Account as well as local data from the Software may be transferred to and stored on third-party servers in the UK and in other countries in order to provide the Services. This data may be accessed by the Service Provider, his employees, third-party contractors and affiliates in order to provide, improve and adapt the Services and the Software. This data may also be used to provide the Customer with product recommendations and adverts displayed with the Software. The Service Provider will at no time give personal data to third-parties not used in connection with the Services or the Software.
The Customer agrees that, when using the Services or the Software, data about his product queries and product selections may be processed and analyzed in an anonymous form by the Service Provider.
5. Network Communication
The network communication between the servers and the Software as well as web queries using the Services may be performed without encryption over the Internet. The Customer should therefore not use any confidential information with the Services and the Software.
6. Product Orders and Payment
The Customer may place orders on third-party websites via the Software. The Customer is solely responsible for the visit, the information transferred and the order placements on third-party websites. The Service Provider does neither sell nor ship the ordered products nor does the Service Provider enter into an agreement with the Customer.
Payment is directed via PayPal. We do not store credit card details nor share PayPal specific customer data with any Third parties.
7. Warranty Disclaimer
THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS-IS”. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT WHERE EXPRESSLY STATED IN THESE TERMS, NO WARRANTY IS MADE BY THE SERVICE PROVIDER.
a) Content:
NO WARRANTY IS MADE AS TO THE COMPLETENESS, CORRECTNESS AND ACCURACY OF THE CONTENT OF THE SERVICES OR THIRD-PARTY DOCUMENTS, WEBSITES AND INFORMATION.
b) Services Availability:
NO WARRANTY IS MADE AS TO THE AVAILABILITY OF THE SERVICES. Although we want to provide a quality service, we cannot guarantee that our Services are online and accessible for a specified amount of time.
c) Software:
THE SOFTWARE IS USED AT THE CUSTOMER'S OWN RISK. NO WARRANTY IS MADE AS TO THE STABILITY AND THE FITNESS FOR A SPECIFIC PURPOSE. THE SERVICE PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY DATA LOSS OR DATA CORRUPTION OR OTHER HARM THAT RESULTS FROM THE SOFTWARE OR THE SERVICES. Although we constantly work on and improve our Software, we cannot guarantee that it is bug-free.
8. Limitation of Liability
ANY LIABILITY OF THE SERVICE PROVIDER, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL, INCLUDING LOSS OF DATA, BUSINESS OR PROFITS, SHALL BE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, LIABILITY SHALL BE EXCLUDED FOR ORDINARY OR MEDIUM NEGLIGENCE. No party shall be liable for Force Majeure.
9. Intellectual Property (IP)
By using the Services or the Software the Customer will not obtain any intellectual property rights to any content, software or information. All rights are reserved.
10. Subscription Period and Termination
The subscription to the Services ends with the expiry date displayed on the Account. A once purchased subscription cannot be terminated early or refunded. The Service Provider reserves the right to immediately terminate the Services with or without notice in case of legal infringements or violations against these Terms.
11. Governing Law and Jurisdiction
a) Governing Law:

THESE TERMS AND THE USE OF THE SERVICES AND THE SOFTWARE ARE EXCLUSIVELY GOVERNED BY ENGLISH LAW.

b) Jurisdiction:

THE COURTS OF ENGLAND (VENUE: COMPETENT COURTS FOR CIIVA UK) SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR AND DECIDE ANY SUIT, ACTION OR PROCEEDINGS, WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THESE TERMS AND THE USE OF THE SERVICES OR THE SOFTWARE.
12. Modifications
The Service Provider may revise and modify these Terms at any time and from time to time. The latest version of the Terms is published on the Ciiva website www.ciiva.com <http://www.ciiva.com>. The Customer is responsible for regularly reviewing the Terms. By using the Services and the Software after the Terms become effective, the Customer agrees to be bound by the revised Terms.
13. Severability
If any portion of these Terms is held invalid or unenforceable, the remaining portions shall remain unaffected. Invalid or unenforceable portions shall be modified to reflect the parties' intention in these Terms.
14. Export Control Laws
Each party will comply with all applicable export control laws and regulations. In particular, the Services and the Software may neither be used in nor exported or re-exported to a country listed on the relevant export control lists.
15. Assignment
The Customer may not transfer or assign any part of these Terms without the written permission of the Service Provider.
16. Company Information
CIIVA UK
SUITE 307 LAKES INNOVATION CENTRE
LAKES INDUSTRIAL PARK
LOWER CHAPEL HILL
BRAINTREE
ESSEX
CM7 3AN
UNITED KINGDOM

www.ciiva.com <http://www.ciiva.com>
info@ciiva.com <mailto://info@ciiva.com>

Ciiva UK is a trading name of Fitch and Mason Ltd.
Registered in England and Wales (Companies House No. 08010046)

Thank you for using Ciiva services and software.