Welcome to PassFoundry.com (the 'site'). References to 'we,' 'our,' 'us' or 'PassFoundry' herein refer to PassFoundry Ltd, and our service providers and designees as deemed appropriate by us.
The site is intended to provide information about and access to PassFoundry's products and services. It allows you to interact with our service and provides you with the opportunity to contact us directly.
We really hope you enjoy your experience on PassFoundry, but we'd also like you to understand the terms to which you agree when visiting our sites.
In order to try to keep things simple, we've included a Plain English version of our terms. We are doing this to help you understand the Terms of this document, however in continuing to use this site, we assume that you have read and understand both the plain english, and detailed versions of all the terms included here
Plain English:
1. Essentially you, the reader, is agreeing to be bound by these Terms, the Privacy Policy and Cookie Policy;
2. If your signing up to this on behalf of a company, you should have the authority to do that on behalf of the company you represent;
3. If you don't agree with the Terms, that's fine, but we recommend you stop using the site;
4. You agree to use the Site as intended by us;
5. By being a Client, you must explicitly sign up these terms via our Service Agreement.
Detail:
By accessing this Site, you agree to these Terms of Use, our Privacy Policy and Cookies Policy (together referred to as 'Terms'), all of which are expressly incorporated herein by this reference. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms, in which case the terms 'you' or 'your' shall refer to such entity.
You agree to use the Site only in accordance with the Terms, whether you are a 'Visitor' (which means that you simply browse the Site) or you are a 'Client' (which means you have registered with us for the Site). The term 'User' means a 'Visitor' or a 'Client'. Please read and save all of the Terms. If you do not agree with the Terms, do not use this Site or any of its features. If you register to become a Client you may be required to indicate your acceptance to these Terms during the registration process.
Notwithstanding the foregoing, if you elect to purchase or otherwise obtain access to any of PassFoundry’s products and services, you acknowledge and agree that your access to and use of all such products and services shall be subject to and governed solely by the terms of PassFoundry's then-current Service Agreement.
Plain English:
1. We might change the terms in the future, and as soon as they change they come into effect;
2. Check these terms when you visit the site to see if there are any changes;
3. By using the site you agree to any new terms, so if you don't agree, then with regret we suggest you don't use the site
Detailed:
We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Site. Each time you use the Site you should visit and review the then current Terms that apply to your transactions and use of this Site. Your continued use of the Site after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Site, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. The Terms are the entire agreement between you and PassFoundry with respect to your use of the Site.
Plain English:
1. If you set up any passwords associated with PassFoundry, the confidentiality of those are your responsibility and you should not share with others;
2. Alert us if you suspect any unauthorised access to your account;
3. You are responsible for any use of your account so be careful.
Detailed:
If you register to become a Client, you may be asked to choose a user name (or email address) and password. You are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your user name and password to log into the Site. You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account so please be vigilant in protecting its confidentiality.
Plain English:
1. You can't use this site for your own commercial gain and the licence to use it is just for you the user of the site;
2. You can't use the site for anything illegal;
3. You can't republish or reuse any content or materials on the sites in any way without our permission.
Detailed:
Users have a license that's non-transferable, non-exclusive to access this Site, to view information contained at this Site. You can interact with the Site only for their own personal use and not for any commercial purpose. You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not expressly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site.
You agree to not use the cards produced by PassFoundry to:
Plain English:
1. Publish content that is considered unlawful in any Counrty, or that might offend or harm others;
2. Publish content that you don't own, or have a right to publish;
3. Publish content such as computer viruses, or any files that could impact the functionality of any computers or other equipment;
4. Publish content that could disrupt the PassFoundry Service;
5. Collect or store personal data about other users.
Although we don't monitor cards for inappropriate content, and don't assume responsibility for any content on the cards, if it is brought to our attention that content contravenes these terms, PassFoundry may (at it own discretion) remove or refuse to publish the offending content.
Detailed:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Cards;
4. upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
5. upload, post, transmit or otherwise make available 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;
6. interfere with or disrupt PassFoundry website or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or
7. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
PassFoundry may reject, refuse to post or delete any Content for any or no reason, including, without limitation, Content that in the sole judgement of PassFoundry violates these Terms, including our Privacy Policy. We assume no responsibility for monitoring the Site for inappropriate Content or conduct. If at any time PassFoundry chooses, in its sole discretion, to monitor the Site, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Client submitting any such Content.
You are solely responsible for your use of PassFoundry, the Content that you post on or through the Site, the Cards, and any material or information that you transmit to other Clients and for your interactions with other Users.
Plain English:
1. Don't steal or copy other people's ideas or materials or we might not be able to work together;
Detailed:
We respect the intellectual property of others, and expect any users or clients of ours to do the same, and respect ours and others intellectual property. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We reserve the right to terminate commercial relationships with anyone we suspect infringing the Intellectual Property of others.
Plain English:
1. PassFoundry does not accept any responsibility for the accuracy or reliability of the content on our websites or the digital cards we produce, whether this content is created by us, or anybody else;
2. Although we take reasonable precautions to prevent, PassFoundry accepts no responsibility for an array of issues, as outlined below) that might impact the service our Clients and Users receive;
3. We accept no responsibility for loss or damage, injury or death resulting from the use of the site or any content published on the site or in the cards we produce on behalf of Clients;
4. We don't accept responsibility for viruses or anything beyond our control that may damage your hardware, software or business;
5. We will not be liable if your users are unable to receive communications / notifications / updates about their digital card or if they are unable to access our communications or their digital card.
Detail:
PassFoundry assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Client communication and or digital cards. PassFoundry is not responsible for and makes no warranties, express or implied, as to any content on the Site, including, without limitation with respect to the accuracy and reliability of the PassFoundry Content, Digital Card Content, User Content or other Content posted on or through the Site, whether caused by us, by Users, by any of the equipment or programming associated with or utilised by the Site, or otherwise. Under no circumstances shall PassFoundry be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any User Content posted on or through the Site or from the conduct of any Users or Clients, whether online or offline. PassFoundry is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Additionally, PassFoundry shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone, business or other property resulting from your use of the Site. We will not be liable to you if you are unable to access information through the Site. We will not be liable if your users are unable to receive notifications about their digital cards, nor if they are unable access their digital cards on their device.
The Site is provided 'As Is' and as available and PassFoundry expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PassFoundry cannot guarantee and does not promise any specific results from use of the Site.
Plain English:
1. PassFoundry will not be liable for any Damage or Loss incurred by you as a result of using PassFoundry, no matter what the circumstances;
2. If any of the statements in the below are unenforceable by law or otherwise inapplicable, you agree that our total liability shall not exceed one hundred euros.;
Detail:
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED EUROS.
You agree to indemnify and hold PassFoundry, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable legal fees, due or relating to or arising out of your use of the Site in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post or third party transaction that you enter or attempt to enter in connection with the Site.
The Terms will be construed, and their performance enforced, under Irish and EU law without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in Ireland. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
The Terms are accepted upon your use of the Site or any of its features and is further affirmed upon you becoming a Client (if applicable). The Terms constitute the entire agreement between you and PassFoundry regarding the use of Site and its services and features. The failure of PassFoundry to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.