Candide General Terms and Conditions
These terms apply to you if you are a user of the Candide platform anywhere in the world
By using and/or accessing the Candide platform, you agree to be bound by our terms.
About our terms and conditions
The general use of the Candide Platform and any content on the Candide Platform is governed by our Terms.
"Content" refers to any information, data, files, text, software, music, sound, photographs, graphics, images, video, messages, comments, hyperlinks or tags and other material appearing on the Candide Platform and all applicable copyrights, trademarks, patents, logos or other intellectual property rights displayed on the Candide Platform.
We may amend the Terms from time to time. Any new version of the Terms will be published on the Candide Platform and will become effective from the date that we first published it. It is your obligation to visit the Candide Platform on a regular basis in order to determine whether any amendments have been made. By continuing to use the Candide Platform after we published changes to the Terms, you agree to be bound by the changed Terms.
Some of the services or platforms on the Candide Platform may contain additional rules or terms from time to time, which may be relevant to specific services you use or subscribe to. By using those services, you agree to be bound by such additional rules and/or terms.
If you are under the age of 13, you must not use the Candide Platform. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use the Candide Platform.
Content on our platform and intellectual property rights
Candide owns or is entitled to use all of the Content made available on the Candide Platform.
Subject to these Terms, you may not, unless with our express consent:
reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer, expose or otherwise transfer or use for commercial purposes any Content;
decompile or reverse engineer the Content, or reduce the Content to any format other than the format in which they were delivered;
incorporate the Content into any other content for whatever purpose;
remove any legal notices (such as copyright, trademark or other proprietary rights notices) in or on the Content.
You will retain ownership of any original Content which you may upload, transmit or store when using the Candide Platform.
Candide will own all compilations, collective works or derivative works created by us which may incorporate your Content.
You grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use your Content for the purposes of providing, promoting, developing and trying to improve the Candide Platform and our other services, including new services that we may provide in the future. We will not sell your Content to any third party
Any content you transmit or post to publicly accessible areas on the Candide Platform shall be considered non-confidential and non-proprietary. To the full extent permitted by applicable law, we shall have no obligations to you or any third party with respect to such Content.
You agree to adhere to applicable laws and our Candide AUP when posting or transmitting any Content or material to the Candide Platform.
You understand that even if you seek to delete your Content from the Candide Platform, it may as a technical and administrative matter take some time or not be possible to achieve this.
We reserve the right to block or remove your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.
Responsibility for Your Content
You are solely responsible for your Content and we recommend that you keep a back-up copy of it at all times.
You must at all times ensure that: (i) you have the rights required to submit, transmit or display your Content, and to grant us the rights as set out in these Terms; and (ii) your Content (and our use of your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
Third Party Content
The Candide Platform includes Content and services, including advertisements, from third parties, or external links to other websites possessing their own content, or any other third party content ("Third Party Content").
You acknowledge that the Third Party Content
is beyond the control of Candide and that any reliance on any representation, statement or information contained in Third Party Content is at your risk;
cannot be verified by Candide, and that Candide does not determine its accuracy or reasonableness; and
may contain representations, statements or information which does not represent the views, opinions or beliefs of Candide, its associates, directors, employees or affiliates.
Infringement of Rights
We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact [email protected].
Third party goods, software and Services
We do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through the Candide Platform and we will bear no responsibility for your use of or relationship with any such third parties or third party services.
If those third parties change, suspend or stop providing such services or products, we may similarly change, suspend or stop providing it to you.
When you acquire services or products from a third party through any of the Candide Platform, you understand and agree that
we are not a party to the contract between you and the third party;
we are under no obligation to monitor the third party service used by you;
the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees. We will not be liable to you for any reason under the contract with the third party;
you will evaluate the product or service and the applicable terms and conditions before acquiring the product or service.
THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH THE CANDIDE PLATFORM, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT, SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN OUR PLATFORM.
In order to access and use the Candide Platform you must log-in by creating a "User ID" by
registering or subscribing to use the Candide Platform, where you will create, or we will allocate you, a username, password or other log-in; or
using your Facebook or Google accounts.
Your User ID is personal to you. You
must keep your User ID confidential and not disclose it to any third party;
must inform us promptly if a third party gains access to your User ID;
are responsible for all payments, use of, or activity on the Candide Platform or Services under your User ID;
will not do multiple log-ins simultaneously (log-in at any one point in time more than once using the same User ID);
will not circumvent our User ID authentication procedures or systems;
ARE LIABLE FOR ANY DAMAGE, LOSS OR COSTS SUSTAINED BY YOU, US OR BY ANY THIRD PARTY HOWSOEVER ARISING AS A RESULT OF ANY ACTIONS BY YOU OR ANY THIRD PARTY USING YOUR USER ID.
While a User ID relating to the Candide Platform is personal to you, we own it. You may accordingly not sell or otherwise transfer any entitlements thereto to a User ID.
You will also not retain any entitlements to your User ID once this agreement ends.
You will sign out from your account at the end of each session.
You may, from time to time, make payments to us or third parties as part of your use of the Candide Platform. We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of services and products are subject to change at any time.
SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US FOR A PARTICULAR ITEM OR PRODUCT WITHIN THE CANDIDE PLATFORM, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY SERVICES OR PRODUCTS WITHIN THE CANDIDE PLATFORM (WHETHER USED OR UNUSED).
We may process payments from you in the Candide Platform via a third party service. You agree to comply with that relevant third party's terms and conditions in relation to the payment processing service.
While we endeavour to ensure that the Candide Platform are normally available 24 hours a day, we shall not be liable if, for any reason, the Candide Platform are unavailable at any time or for any period.
Access to the Candide Platform may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
We reserve the right to modify or discontinue the Candide Platform, or any features, at any time without notice to you.
Security and Privacy
We will be entitled, subject to applicable laws, to take whatever action we may deem necessary and reasonable to preserve the security and reliability of the Candide Platform or the Content thereon.
You may not use the Candide Platform in any manner which may compromise the security of our network or any other network connected to our network.
We take reasonable steps to secure your payment information. We use a payment system that is in our reasonable opinion sufficiently secure with reference to accepted technological standards and the type of the transaction concerned.
Our Candide Platform is licensed, not sold, to you for use only under the terms of this license. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to use a copy of the Candide Platform on a device that you own or control and to run such copy solely for your own personal purposes. You may not rent, lease, lend, sell, redistribute or sublicense the Candide Platform. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Candide Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Candide Platform).
The terms of the license will govern any updates that replace and/or supplement the original Candide Platform.
The license is effective until terminated by you or us. Your rights under this license will terminate automatically without notice from us if you fail to comply with any term(s) of these Terms. Upon termination of the license, you shall cease all use of the Candide Platform, and destroy all copies, full or partial, of the Candide Platform. The termination of this licence will not affect your rights or remedies, or ours, for the period prior to termination, or those rights and obligations which the license intends, either expressly or by implication, to survive beyond termination.
Disclaimer and Limited Liability
YOU USE THE CANDIDE PLATFORM AT YOUR OWN RISK.
WHILE WE ENDEAVOUR TO ENSURE THAT THE INFORMATION ON THE CANDIDE PLATFORM ARE CORRECT, WE DO NOT WARRANT THE ACCURACY AND COMPLETENESS OF CONTENT ON THE CANDIDE PLATFORM OR THAT THE CONTENT AND TECHNOLOGY AVAILABLE FROM THE CANDIDE PLATFORM ARE FREE FROM ERRORS OR OMISSIONS, OR THAT IT WILL MEET YOUR INDIVIDUAL TASTES, PREFERENCES OR EXPECTATIONS.
WE MAY MAKE CHANGES TO THE CANDIDE PLATFORM OR THE CONTENT ON THE CANDIDE PLATFORM AT ANY TIME WITHOUT NOTICE. THE CONTENT ON THE CANDIDE PLATFORM MAY BE OUT OF DATE, AND IN THIS REGARD, WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
TO THE EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE THE CANDIDE PLATFORM OR CONTENT PROVIDED FROM OR THROUGH THE CANDIDE PLATFORM.
THE CANDIDE PLATFORM IS SUPPLIED ON AN "AS IS" BASIS AND HAVE NOT BEEN COMPILED OR SUPPLIED TO MEET ANY USER'S INDIVIDUAL REQUIREMENTS. IT IS YOUR SOLE RESPONSIBILITY TO SATISFY YOURSELF PRIOR TO ENTERING INTO THIS AGREEMENT WITH US THAT THE SERVICES AVAILABLE ON OR THROUGH THE CANDIDE PLATFORM WILL MEET YOUR INDIVIDUAL REQUIREMENTS AND BE COMPATIBLE WITH YOUR HARDWARE AND/OR SOFTWARE.
INFORMATION, IDEAS AND OPINIONS EXPRESSED ON THE CANDIDE PLATFORM SHOULD NOT BE REGARDED AS PROFESSIONAL ADVICE OR OUR OFFICIAL OPINION AND YOU ARE ENCOURAGED TO CONSULT PROFESSIONAL ADVICE BEFORE TAKING ANY COURSE OF ACTION RELATED TO INFORMATION, IDEAS OR OPINIONS EXPRESSED ON THE CANDIDE PLATFORM.
SUBMISSIONS OF CONTENT (LIKE CONTRIBUTION TO BLOGS, COMMENTS ON ARTICLES POSTED), POSTINGS OF ANY KIND TO THE CANDIDE PLATFORM AND E-MAILS SENT TO THE CANDIDE PLATFORM ARE NOT EDITORIALLY CONTROLLED BY US AND THEREFORE WE CANNOT BE HELD LIABLE (WHETHER IN DELICT, CRIMINAL, ADMINISTRATIVE OR OTHER LAW) FOR ILLEGAL OR UNCONSTITUTIONAL CONTENT (INCLUDING, BUT NOT LIMITED TO, DEFAMATORY OR HARMFUL CONTENT).
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THIS AGREEMENT OR OUR SERVICES, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE LESSER OF THE FOLLOWING AMOUNTS:
THE AMOUNT THAT YOU HAVE PAID DIRECTLY TO US FOR YOUR USE OF OUR SERVICES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND
100 UK POUNDS.
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE IN CONNECTION WITH THIS AGREEMENT OR OUR SERVICES FOR ANY DAMAGES CAUSED BY:
ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS;
ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY;
IMPROPER OR UNAUTHORISED USE OF OUR SERVICES OR SOFTWARE;
YOUR USE OF OUR PLATFORM OR SERVICES IN BREACH OF THIS AGREEMENT; OR
ANY REASONS BEYOND OUR REASONABLE CONTROL, FORESEEABILITY OR PREDICTABILITY.
WE AND OUR AFFILIATE COMPANIES WILL NOT, TO THE EXTENT PERMITTED BY APPLICABLE LAWS, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
These Terms will apply to your use of the Candide Platform until your access to the Candide Platform are terminated by either you or us.
We may suspend or terminate your access to your account or any or all of the Candide Platform: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of the Candide Platform creates risk for us or for other users of the Candide Platform, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use the Candide Platform for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.
Upon termination of your access to the Candide Platform (in whole or in part), you will immediately permanently delete all copies of our software to which the termination relates and you will immediately cease accessing and using any such software.
These Terms are the sole record of the agreement between you and us, with neither party being bound by any express, tacit or implied representation or warranty not recorded in these Terms.
No agreement shall be concluded or amendment to these Terms effected merely by you sending a data message to the Candide Platform or using our services.
Candide may cede, transfer or assign its rights and obligations under the Terms to a third party without your consent.
You may not cede, transfer or assign your rights or obligations under the Terms to a third party without the written consent of Candide.
If any provision of the Terms is or becomes unenforceable for any reason, then such provision will be treated as if it had not been included in the Terms to the extent that it remains unenforceable and shall not affect the validity of the remaining provisions of the Terms.
All provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the relevant provisions of any applicable laws which may not be overridden or set aside by agreement are complied with.
The Terms are governed by and interpreted in accordance with the laws of England and Wales without giving effect to any principles of conflict of law, with you irrevocably consenting to the exclusive jurisdiction of the courts of England and Wales, in respect of all proceedings arising out of or pursuant to the Terms.
You agree that we may (but are not obliged to) intercept or monitor all communications sent or posted by you to the Candide Platform or our employees. You agree that the consent provided herein by you satisfies any "writing" requirement prescribed in law.