Introduction
Welcome to Charleston Management Centre web site (the “Site”). Please read the following Terms of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to CMC and its affiliates and subsidiaries (individually and collectively, “CMC”).
By using the Site, purchasing software or other products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. CMC has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions.
We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
Privacy
Your privacy is very important to us at CMC. To better protect your rights we have provided the CMC Privacy Policy to explain our privacy practices in detail. To read the CMC Privacy Policy, please click here.
Use of Materials
All materials published by CMC on this Site (including, but not limited to CMC Software, text, images, illustrations, video and audio clips, etc., known collectively as the “Content”) are owned or controlled by CMC, its subsidiaries or affiliated companies or a third-party provider, and are protected by copyright and are sometimes referred to as “Materials”.
You agree that you will not record the content in this Site by any means for the purposes of distribution or display. CMC grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials on this Site, provided that: (1) both the CMC copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded; (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials. You agree not to "frame" or "mirror" any Materials contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of CMC.
You acknowledge that, except as expressly stated herein, you have no right, title or interest in or to the Materials.
Use of CMC Software
CMC software (hereinafter referred to as the “Software”) and accompanying documentation that are made available by download from this Site or on CD-ROM format are the copyrighted work of CMC. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software and is also referenced on this website. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.
Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement between you and CMC, the materials in or purchased through this site are provided “as is” and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, CMC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, CMC does not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components.
CMC does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not CMC) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the CMC service, we include links to other web sites on the world wide web portion of the internet and that CMC has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites. No advice or information, whether written or oral, obtained by you from CMC or from or through the site shall create any warranty not expressly stated in the terms of use.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall CMC be liable for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) that result from the use of, or the inability to use, the materials, the site, or any other web site, even if CMC or an CMC authorized representative has been advised of the possibility of such damages. CMC assumes no responsibility for errors or omissions in the information or Software or other documents which are included within, referenced by, or linked to or by the site. This site could include technical or other inaccuracies. Changes are periodically made to the information herein. However, CMC makes no commitment to update materials on this site.
In no event shall CMC’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any materials or products.
Termination
The license for use of the Site and the Materials is effective until terminated. You may terminate it at any time by destroying the Materials together with all copies thereof. This license will terminate upon conditions set forth elsewhere within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by CMC to effect such termination. Upon termination of this Terms of Use, you agree to destroy the Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to CMC at your expense.
Web Site
Third-party Web Sites
CMC may provide links to other sites that we feel are relevant and interesting to our users (“Link Sites”). CMC is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products (“Products”). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.
Third-Party Products and Services
The Site may contain mention of third-party products and services for informational purposes. Third party products and services are the products and services of such third parties and CMC does not warrant impliedly or expressly the quality and/or reliability of such third party products and services. CMC makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by CMC "as is," without warranty of any kind, either express or implied, or statutory, including, but without limitation, the implied warranties of non-infringement of third party rights, merchantability, and fitness for a particular purpose.
Submissions
Certain parts of the Site may ask for written suggestions or problem reports such as using our contact form or problem report form (“Submissions”). In such a case, please read carefully the specific terms, which govern those Submissions (“Additional Terms”). In the absence of Additional Terms, the CMC Terms of Use shall govern your legal rights with respect to those Submissions.
The Submissions shall be deemed the property of CMC. CMC shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to CMC will not be treated as confidential and CMC shall not be liable for any disclosure of the Submissions.
Accounts and Security
Certain areas of the Site (including but not limited to purchase history pages and certain technical support pages) are password restricted to authorized users ("Restricted Areas"). As part of the online technical support requirement, each user will select a password (“Password”) and User Name (“User Name”). You shall provide CMC with accurate, complete, and updated account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that CMC, in its sole discretion, deems inappropriate or offensive.
If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your Password and account, and agree to notify CMC if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify CMC of any unauthorized use of your account or any other breach of security in relation to the Site known to you. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at CMC’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
CMC does not collect personally identifiable information from, nor allow the creation of user accounts by, individuals under the age of 13. If we have specific knowledge that an individual under the age of 13 has submitted personally identifiable information to this Site, we will delete such information permanently and without notice.
CMC does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
Administrative Information
Jurisdictional Issues
This Site is controlled and operated by CMC. CMC makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Indemnity
You agree to indemnify and hold CMC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.
Governing Law
By accessing this Site, you and CMC agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law.
Trademarks
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of CMC or other third parties. You are not permitted to use the Marks without the prior written consent of CMC or such third party, which may own the Marks. CMC and the CMC logo are trademarks of CMC.
If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contacts us at admin@charleston.com.my