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Terms and Conditions

 

If you use the northcapesoftware.com web site (“Web Site”) you agree to be bound by these terms and conditions.

1. Definitions

The Website is owned and operated by NC Software d.o.o. In these terms and conditions, “we”, “us”, or “The Company” means NC Software d.o.o. (registered in Bosnia and Herzegovina, company number 4227913970003).

2. Access to the Website and content

2.1 We will endeavour to allow uninterrupted access to the Web Site, but access to the Web Site may be suspended, restricted or terminated at any time.

2.2 We reserve the right to change, modify, substitute or remove without notice any information on the Web Site from time to time.

2.3 We assume no responsibility for the contents of any other web sites to which the Web Site has links.

3. Intellectual Property

3.1 The copyright in the material contained in the Web Site, together with the Web Site design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to NC Software d.o.o. or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission.

3.2 Product and company names mentioned on this Web Site may be the trademarks or registered trademarks of their respective owners.

4. Exclusions of Liability

4.1 We use reasonable endeavours to ensure that the data on the Web Site is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the Web Site and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Web Site. We do not guarantee that the Web Site will be fault free and do not accept liability for any errors or omissions.

4.2 Due to the nature of electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to access the Web Site, or from any use of the Web Site or reliance on the data transmitted using the Web Site, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Web Site save where such liability cannot be excluded by law.

4.3 We do not give any warranty that the Web Site is free from viruses or anything else which may have a harmful effect on any technology.

5. Access

5.1 You may not adapt or circumvent the systems in place in connection with the Web Site, nor access the Web Site other than through normal operations.

6. Data submitted by users

6.1 We accept no liability for data supplied by any user for display on the Web Site and the limitations in condition 4 above (Exclusions of liability) apply.

6.2 If you submit data for display on the Web Site you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary.

6.3 If you submit data for display on the Web Site you are responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.

6.4 You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Web Site is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Web Site or any other technology.

6.5 We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Web Site that we consider to constitute a misuse of the Web Site or which is otherwise harmful to other users of the Web Site.

6.6 You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition 6.

6.7 Subject to the Contracts (Rights of Third Parties) Act 1999 condition 6.5 may be enforced by the following people in their own right:

(a) any third party with whom we contract for content; and
(b) our employees or agents

7. General

7.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.

7.2 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Web Site. Any modifications shall take effect 3 days after posting on the Web Site.

8. Governing law

8.1 These terms and conditions shall be governed by and construed in accordance with Bosnia and Herzegovina law.

8.2 Any disputes shall be subject to the exclusive jurisdiction of the Bosnia and Herzegovina courts, to which both parties submit.