Website Terms and Conditions Of Use

These Website Terms and Conditions of Use ("Terms and Conditions") are important and should be read carefully. These Terms and Conditions, together with our Website Privacy Policy, set forth the conditions under which you may access and use this website. If you have any questions regarding these Terms and Conditions please contact DataNext through the TzaraNext.com website contact form.

If you do not understand or do not agree with these Terms and Conditions of Use or our Website Privacy Policy, please do not use this website.

1. Introduction

DataNext Limited ("DataNext", "we", or "us") makes available this website ("Site"), including all pages within TzaraNext.com. Through this Site, you can access a variety of resources and content (collectively referred to as "Content"), including webpages, text, images, graphics, videos, audio, documents, layout, design, logos, icons, forums, e-mail functionalities, software downloads and other features in connection with which a visitor to this Site can transmit information.

As used herein, the terms "you" and "user" means any visitor to this Site.

Your use in any way of this Site is subject to these Terms and Conditions of Use.

Access and use by you of this Site constitutes acceptance by you of these Terms and Conditions of Use.

2. General

In interpreting this Agreement:

1. the use of the singular includes the plural and the use of the plural includes the singular;
2. it is not intended that the headings should be taken into account;
3. any words following the terms "including", "include", "in particular", "for example", or any similar expression will be construed as illustrative and will not limit the sense of the words, description, definition, phrase or term preceding those terms; and
4. the term "sole discretion" with respect to any determination to be made by a Party under this agreement means the sole discretion of that Party, without regard to any standard of reasonableness or other standard by which the determination of that Party might be challenged.

3. Terms Applicable to Specific Content, Services, and Areas of the Site

Some areas of the Site, some Content provided on or through the Site, and some services available from our Site may be governed by additional agreements. In such a case, you will be legally bound by these Terms and Conditions of Use and any additional terms and conditions that we may present to you at that time. In the event there is any conflict or inconsistency between these Terms and Conditions of Use and the other terms and conditions that may apply for a specific area of the Site, specific Content or to a specific service, the latter will have precedence with respect to your access and use of that area of the Site, Content or service.

In particular, the use of the TzaraNext software ("TzaraNext Software"), its downloading ("Downloads"), and use of the TzaraNext Software service ("Service") are governed by specific additional agreements.

4. Acceptance of these Terms and Conditions

You represent that you have read and agree to be bound by these Terms and Conditions of Use.

5. Intellectual Property Rights

You agree that this Site, including its design, layout and source code, and all the Content is the property of DataNext or its licensors and is protected by international copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws.

You may only use this Site and the Content solely for your personal, informational, noncommercial purposes.

No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. DataNext or its licensors reserve complete title and full intellectual property rights in all Content.

You may not use, alter, modify, copy, forward, distribute, transmit, publish, display, reproduce, or derive another work from any Content obtained from our Site without the prior written consent of DataNext. In particular, you may not copy or paste Content into other websites or systematically copy, whether by printing onto paper, storing on disk or in any other way, substantial parts of the Site.

You may not mirror or frame any pages of this Site on any other website or webpage.

You agree to notify DataNext in writing promptly upon becoming aware of any:

1. unauthorized access or use of this Site or any of the Content by any individual or entity; or
2. claim that this Site or any of the Content infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.

6. Trademarks

Certain names, words, titles, phrases, logos, icons, graphics, or designs in the pages of this Site may constitute trade names, trade dress, or registered, or unregistered, trademarks or service marks ("Trademarks"). You are prohibited from using any Trademarks appearing throughout this Site without permission from the Trademark owner, except as permitted by applicable law.

7. No Investment Advice

You acknowledge that this Site is for informational purposes only and do not constitute investment advice. Content shall not be construed as an offer, or a solicitation of an offer, to buy or sell securities, or as an endorsement or recommendation of any securities by DataNext, its officers, directors, employees, licensors, or agents. You should not interpret any Content on this Site as a recommendation to buy, sell or hold any financial product by you. You acknowledge and agree that DataNext does not provide investment advice and that neither this Site nor the Content constitute investment advice by DataNext and any decisions made in reliance upon this Site or the Content, are made at your own risk.

You acknowledge and agree that any investment in or trading of securities involves a risk of substantial losses and you should seek qualified financial advice before making investment or trading decisions. Neither this Site nor the Content replaces the advice of an authorized investment professional or independent financial adviser. The Content in this Site is not appropriate for the purposes of making a decision to carry out a transaction or trade.

We are therefore not liable for any indirect, or consequential loss or loss of profits or revenue or investment in relation to your use of this Site or any of the Content.

8. Disclaimers and Limitation Of Liability

We make reasonable efforts to check and test material at all stages of production. However, you should always run an anti-virus program on all material downloaded from the Internet. We cannot accept any responsibility for any loss, disruption, or damage to your data or your computer system which may occur whilst using material derived from this Site.

DataNext will not be liable for any loss or damage you, or others, that may arise from the use of our Site or any of the Content.

You agree that DataNext will not be responsible for any damage due to technical problems of malfunction, including any injury or damage to any person's computer or resulting from the use of this Site or our Services or downloading materials from the Site or Services.

You agree that your access and use of this Site or the Content, is on an "as is" basis and DataNext expressly disclaims all representations and warranties of any kind with respect to this Site, express or implied, including any and all warranties (i) that use of this Site will be uninterrupted, secure, accurate, timely, omission-free, or error-free; and (ii) that this Site or email sent from DataNext will be free of viruses or other harmful components.

9. Indemnification

You will defend, indemnify and hold harmless DataNext and its directors, employees, representatives, licensors, agents, and contractors from and against any claim, loss, liability, cost, or damage, including reasonable attorneys' fees, arising from:

10. Privacy Policy

By using this Site you consent to the collection, use and disclosure of certain personal information in accordance with our Privacy Policy, and you acknowledge that you have read and understood our Website Privacy Policy.

11. Non-Personal Information

All information received through this Site, other than personal information required from you to provide services or support, will be deemed non-personal. Any non-personal information or material you transmit to DataNext will be deemed non-confidential and non-proprietary and may be used for any purpose. By sending DataNext any non-personal information or material, you grant DataNext the irrevocable, unrestricted, perpetual, royalty-free license to use, reproduce, modify, display, perform, transmit, distribute, and otherwise exploit such information and materials and you also agree that we are free to use, for any purpose, any ideas, concepts, know-how or techniques that you send to us, without obligation to you of any kind.

12. Personal Information

We may at times collect personally identifiable information from you in the course of providing services or support. This information is collected to help us provide services or support that you have requested.

You acknowledge that we may disclose and transfer any information that you provide through this Site (i) to any person or entity with your consent; or (ii) if we have a right or duty to disclose or are permitted or compelled to disclose such information by law. You consent to the transmission, transfer, or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Site you agree to such transfers.

13. Cookies

Cookies are small text files that are placed on your computer by websites you visit. They are widely used in order to make websites work, or work more efficiently, and to improve visitor experience. They may also provide certain information to the owners of a website.

This Site requires cookies to work properly and may be used to provide certain information to us. No personally identifiable information will be collected by use of cookies on this Site. By continuing to use this Site, you agree to the use of cookies. If you disable cookies or refuse to accept a request to place a cookie onto your computer, some parts of this Site may not work properly.

14. Site Monitoring

Use of this Site may be monitored, tracked, and recorded. In particular, we may record IP addresses. By using this Site, you expressly consent to such monitoring, tracking, and recording.

15. Hyperlinks

Links on this Site to third party websites are provided solely for your convenience. This does not mean that we endorse or approve the content on such sites. These third party sites are not under our control and DataNext will not be liable for your reliance on their content.

16. Termination of Use

DataNext may, in its sole discretion, at any time discontinue providing or limit access to this Site, Content, or any areas of this Site. You agree that DataNext may, in its sole discretion, at any time, terminate or limit your access to or use of this Site.

DataNext will terminate or limit your access to or use of the Site if, under appropriate circumstances, you are determined to be a repeat infringer of third party copyright rights. You agree that DataNext will not be liable to you or any third-party for any termination or limitation of your access to or use of the Site or any Content.

You may terminate these Terms and Conditions, with or without cause and at any time, by discontinuing your use of this Site and immediately destroying all materials obtained from our Site.

17. Modification

DataNext reserves the right to alter this Site, Content, presentation, performance, website functionalities and availability of all or any part of the Site at its sole discretion, at any time, and without giving any notice.

Any products or services that are indicated as being available on the Site may be withdrawn or modified at any time.

DataNext reserves the right to make changes to our policies, service agreements, and these Terms and Conditions of Use at any time.

Your continued use of our Site following the posting of changes to these terms means you accept these changes.

18. Severability

If any provision of this Agreement, in whole or in part, is held invalid, illegal, or unenforceable:

1. the legality or enforceability of the remaining part of such provision will not be affected in any way;
2. the remaining provisions of the Agreement will continue to be valid and enforceable; and
3. to the extent permitted and possible, the invalid or unenforceable term will be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

19. Governing Law

These Terms and Conditions of Use will be construed in accordance with and governed in all respects by the laws of Guernsey.

Website Privacy Policy

This Website Privacy Policy and the Website Terms and Conditions of Use set forth the conditions under which you may access and use this website ("Site"), including all pages within TzaraNext.com. By accessing and using this Site, you will be agreeing to be bound by this Privacy Policy and the DataNext Website Terms and Conditions of Use.

If you do not understand or do not agree with our Website Privacy Policy or our Terms and Conditions of Use, please do not use this Site.

1. Introduction

This notice provides DataNext's policy regarding the nature, purpose, use, transfer, and sharing of any information (including information defined as personal data under applicable data protection law) collected via this Web Site. The information you provide on this Site will be used only for its intended purpose.

Submitting information is strictly voluntary. By doing so, you are giving DataNext your permission to use the information for the intended purpose. If you do not want to give DataNext permission to use your information, simply do not provide it. However, not providing certain information may result in DataNext's inability to provide you with the information or services you desire.

2. Cookies

Cookies are small text files that are placed on your computer or mobile device by websites you visit. They are widely used in order to make websites work, or work more efficiently, and to improve visitor experience. They may also provide certain information to the owners of a website.

This Site requires cookies to work properly and may be used to provide certain information to us. No personally identifiable information, including personal data, is stored by cookies on this Site. You can generally prevent the use of cookies if you prohibit the storage of cookies in your browser. If you disable cookies or refuse to accept a request to place a cookie onto your computer, some parts of this Site may not work properly. Cookies set by parties other than the website owner are called “third party cookies”. This Site does not use any third party cookies.

3. Site Monitoring

Use of this Site may be monitored, tracked, and recorded for strictly necessary purposes including ensuring the security of our systems. In particular, we may record IP addresses. By using this Site, you expressly consent to such monitoring, tracking, and recording.

4. Non-Personal Information

All information received through this Site, other than personal information required from you to provide Services or support, will be deemed non-personal.

Any non-personal information or material you transmit to DataNext will be deemed non-confidential and non-proprietary and may be used for any purpose. By sending DataNext any non-personal information or material, you grant DataNext the irrevocable, unrestricted, perpetual, royalty-free license to use, reproduce, modify, display, perform, transmit, distribute, and otherwise exploit such information and materials, and you also agree that We are free to use, for any purpose, any ideas, concepts, know-how, or techniques that you send to us, without obligation to you of any kind.

5. Personal Information

We may at times collect personally identifiable information from you in the course of providing services or support, for example, when you contact us through the website or when using the Site’s forum. This information is collected to help us provide services or support that you have requested. For the purposes of the EU General Data Protection Regulation 2016/679, the data controller is DataNext. Your information is retained as long as necessary to meet legal, regulatory, and business requirements.

You acknowledge that we may disclose and transfer any information that you provide through this Site (i) to any person or entity with your consent; or (ii) if we have a right or duty to disclose or are permitted or compelled to disclose such information by law. You consent to the transmission, transfer, or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Site you agree to such transfers.

6. Information Sharing

Though we make every effort to preserve user privacy, we may need to disclose personal information where, in good faith we believe such action is necessary and required by law to comply with legal proceedings, a court order or legal process.

Where it is lawful to do so, DataNext may share personal data that you provide to us.

7. Hyperlinks

This Site contains links to other sites. DataNext provides links to these sites solely for your convenience. Please be aware that DataNext is not responsible for the privacy practices of such other sites. Visitors to our site should be aware when they leave our Site to read the privacy notices of each and every site that collects personally identifiable information as this Privacy Policy solely applies to information collected by this Site.

8. Notification of Privacy Policy Changes

We reserve the right to make changes to this Privacy Policy at any time, so you are encouraged to review this policy from time to time.

If we decide to change our privacy policy, we will post those changes to this Privacy Policy. Any changes will be effective immediately upon the posting of the revised Privacy Policy.

Your continued use of our Site following the posting of changes to these terms constitutes your acceptance of such changes.

9. Your Acceptance of this Policy

By using this Site, you signify your acceptance of our Privacy Policy. If you do not agree to this Policy, please do not use our Site.