1.0 THE SERVICE

1.1 The following terms and conditions apply to your use of the Cyclator email newsletter service (the “Service”).  The Service is provided by Cyclator Ltd, a company registered in Hungary (“Cyclator”).  Any reference to “you” or “yours” refers to you, the user of the Service.

1.2 The Service consists of a newsletter sent to your registered email address. The Service is provided by Cyclator free of charge.

1.3 By registering for the Service you agree to these terms and conditions.  From time to time Cyclator may amend these terms and conditions.  Please review these terms and conditions regularly to ensure you are aware of any changes made to them.  Your continuing use of the Service after such changes have been made shall constitute your acceptance of such updated and/or amended terms and conditions.

2. REGISTRATION

2.1 To subscribe for the Service you need to complete the subscription form.

(a) defamatory, blasphemous, racist, offensive, obscene or otherwise unlawful;
(b) injurious to its brand or reputation or otherwise unacceptable; or
(c) no longer current or operational

and immediately cease provision of the Service to any such email address.

3. INTELLECTUAL PROPERTY

3.1 With respect to any material contained in or accessible via the Service (the “Service Content”), all copyright, trade marks and all other intellectual property rights therein is/are either owned by Cyclator or by the owners of such rights who have licensed such rights to Cyclator for use in the Service and the Service Content.

3.2 To the fullest extent permitted by applicable law and subject to your compliance with these terms and conditions, save for: (i) transitory copying or storage and (ii) for your personal private use, no part of the Service or Service Content may be copied, stored, used, uploaded, transmitted or distributed in any form or manner without the prior written consent of Cyclator, other than to the extent that such acts cannot be prohibited under applicable law.

4. USE OF THE SERVICE

4.1 You undertake:

(a) to use the Service (including any Service Content) for your own personal private use and not to use the Service or any Service Content for any commercial purpose, whether for a fee or otherwise, or to distribute it commercially;

(b) not to use the Service or Service Content for any fraudulent, criminal or unlawful purpose;

(c) not to use the Service or any Service Content for the transmission of any material which is defamatory, blasphemous, racist, offensive, obscene or otherwise unlawful;

(d) to the fullest extent permitted by applicable law, not to copy, modify, adapt, reverse engineer, decompile, reformat, disclose, transmit, distribute, sell, license or transfer the Service or any Service Content, either in whole or in part, in any way save as expressly provided for in these terms and conditions;

(e) not to infringe either Cyclator’s or any other person’s intellectual property rights, including copyright, in the Service or Service Content and not to delete or amend any copyright or other proprietary notices which may appear therein;

(f) not to use the Service or Service Content in any way which Cyclator, in its absolute discretion, considers objectionable, injurious to its brand or reputation or otherwise unacceptable;

(g) not to use the Service and Service Content otherwise than in accordance with these terms and conditions.

5. LIABILITY

5.1 Cyclator makes no warranties or representations of any kind in relation to the Service or Service Content, whether express or implied, including, but not limited to, implied warranties or conditions of performance, completeness, suitability, safety, timeliness, accuracy, reliability, satisfactory quality and fitness for a particular purpose or non-infringement, except to the extent it is not possible by applicable law to exclude such things or to the extent such things are expressly contained in these terms and conditions.

5.2 Cyclator will not be liable for: (a) any technical or access issue, failure, malfunction or difficulty that might hinder or prevent the transmission of or your receipt of the Service or Service Content (b) any event which may cause the Service or Service Content to be disrupted or corrupted (c) any inaccuracy or error within the Service or Service Content (d) any virus, Trojan horse, worm or other malicious or corrupted computer code or data files which may be transmitted via the Service or Service Content.

5.3 Cyclator shall not be liable under or in connection with these terms and conditions for:

(a) loss of actual or anticipated profit;

(b) losses caused by business interruption;

(c) loss of goodwill or reputation; or

(d) any indirect, special or consequential cost, expense loss or damage

even if such cost, expense loss or damage was reasonably foreseeable or might reasonably have been contemplated by the parties and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.

5.5 Cyclator’s liability under or in connection with its provision of the Service or these terms and conditions shall be limited to the reprovision of the Service.

6. YOUR INDEMNITY TO CYCLATOR

6.1 You agree to indemnify, defend and hold harmless Cyclator from and against any and all losses, costs, expenses (including reasonable legal fees), claims, damages and liabilities incurred by Kenetic arising out of or in connection with any claim by a third party resulting from your use of the Service or from any violation of these terms and conditions by you, save where caused by Cyclator’s negligence or breach of these terms and conditions by Cyclator.

7. MODIFICATION, SUSPENSION AND TERMINATION

7.1 Cyclator reserves the right to modify, suspend or terminate the Service or Service Content, in whole or in part, at any time with or without notice (a) to repair or maintain the Service or Service Content (b) to update, upgrade or improve the Service or Service Content from time to time (c) due to the occurrence of any circumstances beyond Cyclator’s reasonable control (d) where Kenetic believes you are or may be in breach of these terms and conditions or (e) otherwise, at Cyclator’s sole discretion.

8. YOUR DATA AND USE OF THIS SITE

8.1 Your personal data stays strictly confidential and will in no way be communicated to third parties or used for direct marketing purposes, unless we therefore have obtained your prior and explicit consent (“opt-in”) upon registration.

We have developed technically and organizationally appropriate security rules in order to avoid the destruction, loss, forgery, modification, forbidden access and mistaken communication to third parties of your personal data.

We are in no way liable for any direct or indirect damages resulting from the wrongful or unlawful use of your personal data by a third party.

It is therefore important that you comply with the safety regulations, including blocking any third party access to your registration address. You are solely responsible for any visit to the Website and the Application from your computer or IP address.

We guarantee that the servers are located within the European Union that ensure an adequate level of protection of personal data. When providing our services, we will only engage subcontractors, parent or subsidiary companies, which adhere to equivalent rules on the protection of personal data.

9. MISCELLANEA

9.1 If any provision of these terms and conditions is held for any reason to be ineffective or unenforceable, this shall not affect the validity or enforceability of any other provision of these terms and conditions or these terms and conditions as a whole.

9.2 No waiver by Cyclator shall be construed as a waiver of any proceeding or succeeding breach of any provision.

9.3 A person who is not a party to these terms and conditions shall have no rights under or in connection with them by virtue of the Contracts (Rights of Third Parties) Act 1999.

9.4 If you have any comments, suggestions or complaints about the Service please contact us by e-mail at mail@cyclator.com

10. GOVERNING LAW

10.1 These terms and conditions are governed by Hungarian law and you and Cyclator submit to the jurisdiction of the Hungarian courts in respect of any dispute arising under or in relation to them.