Terms and Conditions:
General:
Access to and use of this site
('www.onyxsoftware.co.uk'), and use of any
software provided by Onyx Garage Software
LTD is subject (but not limited) to the
following terms (software will have
additional terms and conditions included
in the accompanying licence agreement):
1. By using www.onyxsoftware.co.uk you
agree to be legally bound by these terms,
which shall take effect immediately on your
first use of www.onyxsoftware.co.uk. If you
do not agree to be legally bound by all the
following terms please do not access and/or
use www.onyxsoftware.co.uk.
2. Onyx Garage Software LTD may change
these terms at any time by posting changes
online. Please review these terms regularly
to ensure you are aware of any changes made
by Onyx Garage Software LTD. Your continued
use of www.onyxsoftware.co.uk, and
associated software, after changes are
posted means you agree to be legally bound
by these terms as updated and/or amended.
Use of
www.onyxsoftware.co.uk:
3. You may not copy, reproduce, republish,
download, post, broadcast, transmit, make
available to the public, or otherwise use
www.onyxsoftware.co.uk content in any way
except for your own personal, non-commercial
use. You also agree not to adapt, alter or
create a derivative work from any
www.onyxsoftware.co.uk content except for
your own personal, non-commercial use. Any
other use of www.onyxsoftware.co.uk content
requires the prior written permission of
Onyx Garage Software LTD.
4. You agree to use www.onyxsoftware.co.uk
only for lawful purposes, and in a way that
does not infringe the rights of, restrict or
inhibit anyone else's use and enjoyment of
www.onyxsoftware.co.uk. Prohibited behaviour
includes harassing or causing distress or
inconvenience to any person, transmitting
obscene or offensive content or disrupting
the normal flow of dialogue within
www.onyxsoftware.co.uk.
Disclaimers and
Limitation of Liability:
5. www.onyxsoftware.co.uk content,
including the information, names, images,
pictures, logos and icons regarding or
relating to Onyx Garage Software LTD, its
products and services (or to third party
products and services), is provided "AS IS"
and on an "IS AVAILABLE" basis without any
representations or any kind of warranty made
(whether express or implied by law) to the
extent permitted by law, including the
implied warranties of satisfactory quality,
fitness for a particular purpose,
non-infringement, compatibility, security
and accuracy.
6. Under no circumstances will Onyx Garage
Software LTD be liable for any of the
following losses or damage (whether such
losses where foreseen, foreseeable, known or
otherwise): (a) loss of data; (b) loss of
revenue or anticipated profits; (c) loss of
business; (d) loss of opportunity; (e) loss
of goodwill or injury to reputation; (f)
losses suffered by third parties; or (g) any
indirect, consequential, special or
exemplary damages arising from the use of
www.onyxsoftware.co.uk, or any associated
software, regardless of the form of action.
7. Onyx Garage Software LTD does not
warrant that functions contained in
www.onyxsoftware.co.uk content will be
uninterrupted or error free, that defects
will be corrected, or that
www.onyxsoftware.co.uk or the server that
makes it available are free of viruses or
bugs.
Intellectual Property:
8. The names, images and logos identifying
Onyx Software, or third parties and their
products and services are subject to
copyright, design rights and trade marks of
Onyx Software, and/or third parties. Nothing
contained in these terms shall be construed
as conferring by implication, estoppel or
otherwise any licence or right to use any
trademark, patent, design right or copyright
of Onyx Software, or any other third party.
Contributions to
www.onyxsoftware.co.uk:
9. Where you are invited to submit any
contribution to www.onyxsoftware.co.uk
(including any text, photographs, graphics,
video or audio) you agree, by submitting
your contribution, to grant Onyx Garage
Software LTD a perpetual, royalty-free,
non-exclusive, sub-licenseable right and
license to use, reproduce, modify, adapt,
publish, translate, create derivative works
from, distribute, perform, play, make
available to the public, and exercise all
copyright and publicity rights with respect
to your contribution worldwide and/or to
incorporate your contribution in other works
in any media now known or later developed
for the full term of any rights that may
exist in your contribution, and in
accordance with privacy restrictions set out
in Onyx Garage Software LTD Privacy Policy. If
you do not want to grant to Onyx Garage
Software LTD the rights set out above,
please do not submit your contribution to
www.onyxsoftware.co.uk.
10. Further to paragraph 9, by submitting
your contribution to www.onyxsoftware.co.uk,
you: warrant that your contribution: is your
own original work and that you have the
right to make it available to Onyx Garage
Software
LTD for all the purposes specified
above; is not defamatory; and does not
infringe any law; and indemnify Onyx Garage
Software LTD against all legal fees, damages
and other expenses that may be incurred by
Onyx Garage Software LTD as a result of your
breach of the above warranty; and waive any
moral rights in your contribution for the
purposes of its submission to and
publication on www.onyxsoftware.co.uk and
the purposes specified above.
Community Rules:
11. You agree to use www.onyxsoftware.co.uk
Communities (including Message Boards) in
accordance with the following Community
Rules. These apply across all
www.onyxsoftware.co.uk community sites and
services. You should, however, read the
local house rules of the particular site or
service you're using, as there may be some
local variations to these Community Rules.
About your posts:
- Contributions must be civil and
tasteful
- No disruptive, offensive or
abusive behaviour: contributions
must be constructive and polite, not
mean-spirited or contributed with the
intention of causing trouble.
- No unlawful or objectionable
content: unlawful,
harassing, defamatory, abusive,
threatening, harmful, obscene, profane,
sexually oriented, racially offensive or
otherwise objectionable material is not
acceptable.
- If you use multiple
logins for
the purpose of disrupting the community or
annoying other users you may have action
taken against your accounts.
- Be patient: users
of all ages and abilities may be taking
part in the relevant
www.onyxsoftware.co.uk Community.
- No spamming or off-topic
material: we
don't allow the submission of the same or
very similar contributions many times.
Please don't re-submit your contribution
to more than one discussion, or contribute
off-topic material in subject-specific
areas.
- No advertising
- Contributions containing
languages other than English may be
removed unless
allowed in the relevant local house rules.
- No impersonation
- No inappropriate (e.g. vulgar,
offensive etc) user names
- You may not refer to specific
URLs (web
site addresses) unless allowed under the
relevant local house rules. If you know of
a worthy web site relevant to the
discussion topic, please inform the host
of the Community area.
- Deliberate misuse of the
complaints facility is not permitted. If
you persist in doing this action may be
taken against your account.
Safety:
We advise that you never reveal any
personal information about yourself or
anyone else (for example: telephone number,
home address or email address), and please
do not include postal addresses of any kind.
If you have a helpful address to share,
inform the host of the relevant Community
area using the 'Contact Us' link, and they
will promote it if they see fit.
About the law:
- You may not submit any defamatory or
illegal material of any nature in
www.onyxsoftware.co.uk Communities. This
includes text, graphics, video, programs
or audio.
- Contributing material with the intention
of committing or promoting an illegal act
is strictly prohibited.
- You agree to only submit materials which
are your own original work. You must not
violate, plagiarise, or infringe the
rights of third parties including
copyright, trade mark, trade secrets,
privacy, publicity, personal or
proprietary rights.
- The views expressed in
www.onyxsoftware.co.uk Community areas are
those of members of the public and are not
necessarily those of Onyx Garage Software
LTD.
If you'r under 16:
- Please get a parent's or guardian's
permission before taking part in any
www.onyxsoftware.co.uk discussion.
- Never reveal any personal information
about yourself or anyone else (for
example, telephone number, home address or
email address).
Purchases:
You agree that all purchases of Onyx
Garage Software LTD products are final.
Trial version of all software are available
and should be used to determine the
suitability of the product before purchase.
Purchases are processed either via PayPal
or by direct bank transfer. If you purchase
via PayPal then you agree to be bound by
their respective terms and conditions.
Purchased VRM credits have no monetary
value. VRM credits will be removed and
accounts deleted under the following
conditions
- Dormant account: VRM Accounts are
dormant if the annual fee is more than 6
months overdue
- If we can no longer get in touch with
you via your preferred contact method
(ordinarily email). (This will be deemed
the case after 3 failed attempts with at
least 1 week between each attempt)
- You do not agree to Onyx Garage Software
LTD recording your Garage Name, contact
email, name, address, and IP address when
accessing the VRM server
If you breach these
Terms of Use:
If you fail to abide by these Community
Rules (and/or any variations in the relevant
local house rules) when taking part in a
www.onyxsoftware.co.uk Community service,
you will be sent an e-mail which informs you
why your contribution has been failed or
edited. This mail will also include a
warning that continuing to break the rules
may result in action being taken against
your account or accounts.
This action may include your relevant
account or accounts being placed into
pre-moderation or a temporary or permanent
suspension of your ability to participate in
any or all of www.onyxsoftware.co.uk
Community areas.
If you post or send offensive or
inappropriate content anywhere on or to
www.onyxsoftware.co.uk Communities or
otherwise engage in any disruptive behaviour
on www.onyxsoftware.co.uk, and Onyx Garage
Software LTD considers such behaviour to be
serious and/or repeated, Onyx Garage
Software LTD may use whatever information
that is available to it about you to stop
any further such infringements. This may
include informing relevant third parties
such as your employer, school or email
provider about the infringement/s.
Onyx Garage Software LTD reserves the right
to delete any contribution, or take action
against any account, at any time, for any
reason.
General
12. If there is any conflict between
these terms and specific terms appearing
elsewhere on www.onyxsoftware.co.uk
(including local house rules) then the
latter shall prevail.
13. If any of these terms are determined to
be illegal, invalid or otherwise
unenforceable by reason of the laws of any
state or country in which these terms are
intended to be effective, then to the extent
and within the jurisdiction in which that
term is illegal, invalid or unenforceable,
it shall be severed and deleted from these
terms and the remaining terms shall survive,
remain in full force and effect and continue
to be binding and enforceable.
14. These terms shall be governed by and
interpreted in accordance with the laws of
England and Wales.