The terms and conditions outlined below refer to the supply of the Catalog360 service by Catalog360 Limited.
Customer hereby orders and Catalog360 hereby agrees to deliver the Catalog360 service in accordance with the terms and conditions of this Agreement. Any changes or additions to the Order and terms and conditions shall only be binding on the parties if they are recorded in writing and signed by a duly authorised representative of the Customer and Catalog360.
Please Note: The Catalog360 Circle service is completely FREE. No charges will be made and no card details are needed when registering or using the service. Catalog360 do offer entirely optional services which may be chargeable.
Unless agreed with Catalog360 the Customer will pay for any chargeable Catalog360 service by credit card payments. Upon payment Catalog360 shall issue the Customer with an electronic VAT receipt for payment of the services delivered.
Provided monthly subscription payment in full is received by Catalog360 on or before the monthly anniversary date from date of setup, then supply of those services shall continue for the next 1 month. If payment in full is not received by the anniversary date then the services will be automatically suspended until such time as payment is received or until this Agreement is terminated in accordance with section 6 below.
Without prejudice to any other remedies that it may have, Catalog360 reserves the right to charge interest at the rate of 2.5% per month in respect of any invoice that is not paid by its due date.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Catalog360 will not be liable for any loss or damages whatsoever (including, without limitation, damages for loss of business revenues, business profits, loss of data, or any pecuniary loss) arising out of the use of or inability to use the Catalog360 web site. In any case, and in particular in the event that any exclusion or other provision contained in this section or elsewhere in this Agreement is or could be held to be ineffective or unenforceable for any reason, then Catalog360’s maximum liability in connection with this Agreement shall be limited to the amount paid by Customer in respect of the services supplied pursuant to this Agreement.
Nothing in this section 4 shall be deemed to be an exclusion of Catalog360’s liability for death or personal injury which arises as a result of the negligence of Catalog360 or its employees or agents.
The Customer understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. The Customer is entirely responsible for all Content that they upload, post or otherwise transmit via Catalog360. Catalog360 does not control the Content posted via Catalog360 and, as such, does not guarantee the accuracy, integrity or quality of such Content. The Customer understands that by using Catalog360, you may be exposed to Content that is offensive, indecent or objectionable.
The Customer agrees to not use Catalog360 to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(e) upload, post or otherwise transmit any Content that the Customer does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas of Catalog360 that are designated for such purpose;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of Catalog360 are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(j) interfere with or disrupt Catalog360 or servers or networks connected to Catalog360, or disobey any requirements, procedures, policies or regulations of networks connected to Catalog360;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) “stalk” or otherwise harass another;
(m) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites;
TERM AND TERMINATION
This Agreement will commence upon the date the Customer signs up for the Catalog360 service, and shall remain in force until terminated by either party in accordance with the terms of this section 6.
Following Customer’s sign up, Catalog360 undertakes to continue to supply the Catalog360 service on a monthly basis provided that Customer continues to pay the monthly fee for that service in accordance with section 3 above. Failure by Customer to pay the monthly fee when due will comprise a material breach of this Agreement entitling Catalog360 to issue a notice of termination in accordance with the provisions of the following paragraph.
Either party may terminate this Agreement at any time
– if the other party has committed a material breach of this Agreement and fails to rectify that breach within 30 days of receiving a written notice of termination from the other party requesting it to do so
– if the other party enters into a deed of arrangement or compounds with its creditors or if any order is made or a resolution is passed for the winding-up of the other party or an administrator or receiver is appointed in respect of the other party’s business or assets
– if the other party ceases or threatens to cease to carry on business.
Each of the parties acknowledges and agrees that as a result of the various activities contemplated by this Agreement it will receive information relating to the other party, its business and its products which is confidential. Each party will receive and hold all such information in confidence and will not disclose the same to any third party without the prior consent in writing of the other party. This provision shall survive the termination of this Agreement for a period of five years.
Neither party shall be responsible for any failure to perform due to unforeseen circumstances or to causes beyond that party’s reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, failure to obtain export licences or shortages of transportation, facilities, fuel, energy, labour or materials. In the event of any such delay, Catalog360 may defer the delivery of services for a period equal to the time of such delay.
This Agreement constitutes the exclusive and complete agreement between Catalog360 and Customer as to the subject matter hereof and supersedes all previous communications, representations and arrangements whether written or oral.
The failure of a party to exercise or enforce any right conferred upon it by this Agreement shall not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement of any such right against the other party at any time.
This Agreement is personal to the Customer and may not be assigned or otherwise transferred (in whole or part) without the prior written consent of Catalog360.
This Agreement is governed by the laws of England.
Please report any violations of these Terms and Conditions to Catalog360 Support