This End User Licence Agreement (‘Terms’) sets out the basis upon which Vxceed Technologies FZ LLC (‘we’ or ‘our’) will grant you the customer to access and use the Latitude247 Application Platform (the ‘Service’). If you do not understand and agree to these Terms you must not access or use the Service.
Vxceed Technologies may update all or any part of these the Terms at any time by posting an updated version on END USER LICENCE AGREEMENT. It is your responsibility to monitor our website for any updates or changes and your continued use of [the Service] after updated Terms have been posted on our website will constitute your acceptance of such updated Terms.
Users must complete the registration and verification process set out on our website and be verified as an authorised user in order to access and use the Service. Should you at any time cease to be an authorised user all rights granted to you under these terms will terminate with immediate effect.
Provided that you are an authorised user and have paid all applicable licence fees, Vxceed Technologies will grant to you a personal, non-exclusive, non-transferable license to access and use the Service (the “License”).
Company Vxceed Technologies owns all intellectual property rights in for the Service.
You must not reverse assemble, reverse compile, reverse engineer or otherwise attempt to derive the source code of any software; modify, enhance, or create derivative works of the software or any other component of the Service; sublicense, sell, distribute, transfer possession, rent or grant other rights to access or use the Service, or engage in service bureau work, application service provider services, or time sharing arrangements with respect to the Service, or permit or enable any third party to do same.
Company Vxceed Technologies may at any time and in its sole discretion make modifications or changes to the Service (which changes may or may not affect the functionality, performance and/or your ability to use the Service) without prior notice to you.
As your access and use the Service which relies upon wireless third party technologies, you acknowledge that you’re ability to use the Service may from time to time be affected by factors inherent in the use of electronic technologies and other circumstances outside the Vxceed Technologies control. Vxceed Technologies is not responsible for any delay, interception, delivery failure, loss of data or use or any other problem caused directly or indirectly by third party products or services or other circumstances not wholly within the Vxceed Technologies control.
Suspension and Termination
Vxceed Technologies reserves the right to suspend or terminate your access to and use of the Service without notice at any time for any reason. Upon such termination all rights granted to you under these Terms will terminate, and you must immediately cease to use the Service.
YOUR USE OF, AND ANY RELIANCE UPON, THE SERVICE IS AT YOUR OWN SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS", “AS AVAILABLE" AND “WHERE-IS" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. VXCEED TECHNOLOGIES PROVIDES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS IN CONNECTION WITH OR REGARDING THE SERVICE INCLUDING BUT NOT LIMITED TO THE SUITABILITY, ACCURACY OR COMPLETENESS OF ANY DATA, MATERIAL, INFORMATION OR SERVICES CONTAINED ON OR OBTAINABLE THROUGH THE SERVICE.
ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY DISCLAIMED. SPECIFICALLY, VXCEED TECHNOLOGIES MAKES NO WARRANTY REGARDING THE AVAILABILITY OF THE SERVICE INCLUDING ANY DATA STORED ON OR OBTAINABLE THROUGH THE SERVICE, YOUR ACCESS TO THE SERVICE, OR THE ACCURACY OF ANY INFORMATION EITHER STORED OR PROVIDED THROUGH THE SERVICE.
VXCEED TECHNOLOGIES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS ARISING FROM OR CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR ACCESS ANY DATA, EVEN IF THE COMPANY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY LIABILITY ARISES ON BEHALF OF THE COMPANY RELATED TO THE SERVICE, YOU AGREE THAT THE MAXIMUM LIABILITY OF THE COMPANY WILL BE $[xxx] NZD DOLLARS.
VXCEED TECHNOLOGIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, CORRUPTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY DATA. VXCEED TECHNOLOGIES RESERVES THE RIGHT TO WITHHOLD, REMOVE AND/OR DISCARD CUSTOMER DATA WITHOUT NOTICE, FOR ANY BREACH, INCLUDING, WITHOUT LIMITATION, NON-PAYMENT OF ANY CHARGES.
Should any part of these terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect.