The terms and conditions below ("Terms and Conditions") govern the services Etuzy Limited, a company registered in Hong Kong (the "Company", "we" or "us") provide to you ("Services") and the use of www.pdfsearch.org (the Site). Please read these Terms and Conditions carefully before ordering any Services or using the Site.
Throughout these Terms and Conditions where we refer to 'user', 'you' or 'your' we mean each registered subscriber to the Services. When we refer to ‘Your End Users’, we mean the users, visitors and customers of the Users website. When we refer to Personal Data, we mean that any information that can personally identify an individual.
You should print a copy of these Terms and Conditions for future reference.
Create will always ensure that appropriate security measures are in place in order to protect the privacy of your Personal Data and the Personal Data of Your End Users. By using the Service, you acknowledge and agree that when Create collect, use, transfer and store any of your Personal Data or the Personal Data of Your End Users, it is governed by our rpivacy policy and subject to our DPA.
You shall only be eligible to use the Services if:
2.1 You are legally capable of entering into binding contracts;
2.2 Where subscribing for Services on behalf of a corporate entity, you have the necessary authority to bind that corporate entity;
2.3 You are at least 18 years old;
2.4 The information you have provided to set up an account is true and accurate; and
2.5 Your use of the Services has not been suspended or terminated.
3.1 You and any person, who you permit to use the Site or Services we provide to you, must only use the Site and/or Services for lawful purposes. You or any person who you permit to use the Site or Services must not use the Site or Services:
In any way that breaches any applicable local, national or international law or regulation;
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
For the purpose of harming or attempting to harm any person, business or entity in any way;
To publish material that is obscene or offensive to the Create Community or which is defamatory, racist, abusive or threatening;
To undermine the Services we may provide to you;
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
Reverse engineer, decompile, dissemble, decipher or otherwise attempt to derive the source code for any underlying code used on our site.
3.2 You or any person you permit to use the Site or Services also agree:
Not to use the information contained on the Site or provided to you through the Services for any service which we consider to be competitive to our Services; and
Not to reproduce, duplicate, copy, sub-licence, broadcast, distribute, sell, rebrand, or re-sell any part of our site or any contents or information on our Site or provided to you through the Services, in contravention of the provisions of these Terms and Conditions.
Not to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
Not to behave in a manner which we consider to be abusive or threatening towards our staff or any persons who form part of the Create Community.
3.3 In the event that you or any person you permit to use the Services we provide to you, do not use the Services in accordance with this clause 6 or you or any person you permit to use the Services we provide to you modifies the information provided to you through the Services, you will be responsible for any loss you suffer or suffered by third parties as a result of such changes on your website. We will not be liable for any loss suffered.
3.4 If during your subscription you, or or any person you permit to use the Services we provide to you fails to comply with these Terms and Conditions, the Agreement, the Licence (defined below) or any guidelines or policies surrounding the use or conduct of subscribers, we may take such action as we determine appropriate including the suspension or termination of Services or deletion of offending content.
3.5 You will indemnify us on a full indemnity basis for any costs, damages and charges incurred by us as a result of the way in which you or any person you permit to use the Services we provide to you uses the Services.
4.1 The provision of the Services will require you to use our software ("Software") in accordance with this clause 8. This section of the Agreement forms a Licence agreement ("Licence") between you and us for any Software provided via our Site, the Services and together with any associated media and online documentation ("Documentation"). By accepting these Terms and Conditions you are agreeing to the terms of this Licence which will bind you. If you do not agree and comply with these Terms and Conditions, we will not Licence the Software and will be unable to provide you with the Services and the Agreement will terminate.
4.2 In consideration of you agreeing to abide by the terms of the Licence, we hereby grant to you a non-exclusive, licence to use the Software and the Documentation in relation to developing your website only. You may only sub-license the Licence to third parties where you have provided us with their name, address, date of birth and email address ("Details").
4.3 If the Software fails, contact us and we shall use our reasonable endeavours to remedy the defect. If you are a consumer, and we are unable to repair the defect and the defect leaves you unable to use the Services you will be able to terminate the Agreement immediately and we will refund you any monies (on a pro rata basis) that you have paid for when unable to use the Services. Please note that we will not be liable for any loss (whatsoever) suffered as a result of the Software not working.
4.4 Except as expressly set out in this Licence or as permitted by any local law, you undertake:
4.41 not to copy the Software or Documentation;
4.4.2 not to rent, lease, loan, translate, merge, adapt, vary or modify the Software or Documentation;
4.4.3 not to sub-licence the Software or Documentation, unless you provide Details of the person to whom the sub-licence relates;.
4.4.4 not to make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
4.4.5 not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things;
4.4.6 not to provide, or otherwise make available, the Software or Documentation in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us.
4.5 You also procure that any person to whom you sub-licence the Software or Documentation to will comply with the provisions of clause 4.4.
4.6 You acknowledge and you procure that any applicable third party acknowledges that all intellectual property rights in the Software and the Documentation belong to us, and that rights in the Software or Documentation created by your use are owned by us and are licensed (not sold) to you. You acknowledge that you have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this Licence.
4.7 You procure that the rights in the Software or Documentation created by the use of any sub-licensee shall be assigned or transferred to us, and agree to indemnify us for any losses we suffer as a result of your failure to comply with this clause 8.7.
4.8 The Licence together with any rights to sub-licence will cease upon termination of this Agreement and you will have no continuing rights to use the Software or the Documentation.
4.9 You acknowledge that you or any person you sub-licence the use of the Software or Documentation to, has no right to have access to the Software in source code form or in unlocked coding or with comments.
4.10 We warrant that during your Subscription, the Software will, when properly used, perform substantially in accordance with the functions described, and that any descriptions of the operation of the Software are accurate in all material respects.
4.11 We will exercise reasonable care to ensure that the Software is free of any viruses, errors and bugs and will indemnify you for any loss suffered as a result of our failure to exercise such reasonable care. In the event that we have exercised such reasonable care but you experience viruses, errors or bugs we will not be responsible or liable for any loss suffered and this will not constitute a breach of this Licence.
4.12 You agree to indemnify us for any losses we incur as a result of your failure, or the failure of any person to whom you sub-licence the use of the Software or Documentation, to comply with this clause 8.
5.1 We reserve the right to suspend the Services immediately for the following reasons:
5.1.1 We are required to do so by law;
5.1.3 We have reason to believe that you have provided us with inadequate, false, inaccurate or misleading information either for the purpose of obtaining the Services or at any time during the provision of the Services; or
5.1.4 We believe that you, any person whom you permit to use the Services we provide to you or another person involved with you have committed, or may be committing, any fraud against us, and/or any other person or organisation by using the Services or our Site (or both).
5.2 In providing the Services, we maintain large ratios of bandwidth and disk space for each user of our Services. We currently operate under an "unlimited" bandwidth and disk space for some packages. However, should we consider that you are using the server resources to such an extent that it jeopardises server performance and resources for other users, we reserve the right to suspend your access to the Services. Please note that we would only suspend Services in extreme circumstances to avoid the misuse of the Services or our servers.
5.3 We may suspend or reduce any or all of the Services or access to our Site, prior to giving you reasonable notice, where maintenance repairs or improvements to any part of the Services or our Site is required.
5.4 Where you are a consumer, and Services have been suspended in accordance with clause 5.3, we will refund you on a pro rata basis for the Services we have charged you for, which have not been provided.
5.5 If the Services are suspended as a result of clause 5.1.2 - 5.1.4 or 5.2, we may make a charge to reflect our costs in connection with suspending and starting the Services again. You must pay this charge before you can use the Services again.
6.1 We warrant to you that any Services purchased from us through the Site is of satisfactory quality and reasonably fit for all the purposes for which Services of the kind are commonly supplied.
6.2 Our liability for losses you suffer as a result of a breach of this Agreement (including deliberate breaches) is strictly limited to the purchase price of the Subscription you purchased or total fees payable at the time of the breach (whichever the greater).
6.3 This does not include or limit in any way our liability:
6.3.1 For death or personal injury caused by our negligence;
6.3.2 Under section 2(3) of the Consumer Protection Act 1987;
6.3.3 For fraud or fraudulent misrepresentation; or
6.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6.4 Other than as expressly set out in these Terms and Conditions, we are not responsible for indirect losses which happen as a consequence of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms and Conditions by us that would entitle you to terminate the contract between us, including but not limited to:
6.4.1 loss of income or revenue;
6.4.2 loss of business;
6.4.3 loss of profits or contracts;
6.4.4 loss of anticipated savings;
6.4.5 loss of data; or
6.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
Provided that this clause 6.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 6.1 or clause 6.2 or any other claims for direct financial loss that are not excluded by any of categories 6.4.1 to 6.4.6 inclusive of this clause 6.4.
6.5 We cannot guarantee the accuracy of any content on the Site or in the Services where such content has been provided by a third party and we shall not be liable to you for any reliance you place on information on the Site or provided through the Services, where such information has been provided by a third party.
6.6 The nature of the Services means that you are unable to own a copy of your website. If the Services change and we are unable to continue to host your website, you will lose it. You acknowledge that we will not be liable for this and we accept no liability for any loss of data. We strongly recommend that you keep copies of any information you upload onto your website.
6.7 We cannot guarantee that the Services will meet your requirements or expectations, or that the Services will be uninterrupted, timely secure or error free.
6.8 In providing the Services, we are not processing, transmitting or storing any payment card details. This is undertaken by third party payment gateways. We shall have no responsibility or liability whatsoever for the acts of omissions of such third parties. You must ensure you comply with all the applicable rules put in place by the third party payment gateway. Your attention is particularly drawn to the rules of the third party payment gateway (i.e. the rules applying to the taking of payments on cards such as Visa, MasterCard, Maestro and EuroPay).
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site or our Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website and/or in your Create account. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to firstname.lastname@example.org We may give notice to you at either the email or postal address you provide to us when subscribing or such other address detailed from time to time. Notice will be deemed received and properly served immediately when posted on our website, 48 hours after an email is sent, or three working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee and has left the sender's outbox.
9.1 The Agreement between you and us is binding on you and us and on our respective successors.
9.2 You may not transfer, assign, charge or otherwise dispose of a Subscription, or any of your rights or obligations arising under it, without our prior written consent.
9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a subscription, or any of our rights or obligations arising under it, at any time during the term of the Agreement.
10.1 Neither party will be liable or responsible for any failure to perform, or delay in performance of, any of their obligations under this Agreement that is caused by events outside their reasonable control (Force Majeure Event).
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
10.2.1 Strikes, lock-outs or other industrial action;
10.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
10.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
10.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
10.2.5 Impossibility of the use of public or private telecommunications networks; or
10.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
10.3 The party who is unable to perform their obligations under the Agreement's performance is deemed to be suspended for the period that the Force Majeure Event continues, and they will have an extension of time for performance for the duration of that period. That party will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
10.4 In the event that a party is unable to perform their obligations for a period of more than 4 weeks as a result of a Force Majeure Event, the other party has a right to terminate the Agreement immediately.
11.1 If we fail, at any time during the term of your Subscription, to insist upon strict performance of any of your obligations under these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
11.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16.
If any of these Terms and Conditions or any provisions of a subscription are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13.1 Any descriptions or illustrations contained in our brochures, catalogues or on our Site are issued and/or published for the sole purpose of giving an approximate idea of the Services described and shall not form part of the Agreement.
13.2 We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Agreement. While we accept responsibility for statements and representations made by our duly authorised agents, these Terms and Conditions for the entire agreement, therefore please make sure you ask for any variations from these Terms and Conditions to be confirmed in writing.
14.1 We have the right to revise and amend these Terms and Conditions, from time to time as set out in these Terms and Conditions.
Agreements for the purchase of Services through the Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Hong Kong law. Any dispute or claim arising out of or in connection with such Agreements or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Our customer service is an extremely high priority and we are committed to offering a high standard of service and support. We appreciate any feedback or comments from you and will use this to improve the Site and Service.
We always aim to reply to any queries or comments in a timely and effective manner.
The first step towards contacting us is to send an email detailing your enquiry or comments to: email@example.com
If you have an account with us, we strongly advise you to login and use the "Contact Us" option within the account, as this automatically provides us with additional information about your account which helps us to deal with your enquiry faster and more effectively.
Your email will be assigned to a Customer Services Representative who will work with you to resolve any issues you may be having and to provide advice. In situations where the issue cannot be immediately resolved, your query will be passed to the relevant department. You will be notified of this and kept informed of their progress.
In order for us to best deal with your complaint, please ensure you provide the relevant information listed below in your email which should be sent to firstname.lastname@example.org
Once we have received your complaint, we will get back to you as soon as possible.
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