FIRECRACKER END USER AGREEMENT
Last Updated : 10/05/2019
1. Background and Purpose
This Agreement is entered into in connection with the Client’s intended use of FIRECRACKER’s apps , known as the “SQUASHLAB Apps” and the “website services” (as defined below).
“Agreement” means this End User Licence Agreement, including any agreed amendments, Schedules, the Request Form and/or Attachments from time to time.
“Confidential Information” shall have the meaning set out in clause 7 of this Agreement.
“Defect” means where the SQUASHLAB Apps do not perform in accordance with the written specifications published by FIRECRACKER from time to time.
“Effective Date” means the inception date upon which the Client first uses of the SQUASHLAB Apps.
“Harmful Code” means any computer code, programming instruction or set of instructions that is intentionally and specifically constructed with the ability to damage, interfere with or otherwise adversely affect computer programs, data files or hardware without the consent of or intent of FIRECRACKER. This definition includes, but is not limited to, self-propagating programming instructions commonly called viruses or worms.
“Intellectual Property Rights” or “IPR” means patents, rights to inventions, copyright and related rights, moral rights, trademarks and website services marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Signature Date” means the date upon which you select to accept these Terms and Conditions which is automatically the date of first use by you.
“FIRECRACKER’s Intellectual Property Right/s” or “FIRECRACKER’s IPR” means (whether registered or otherwise) all Intellectual Property Rights subsisting in FIRECRACKERS’s App called SQUASHLAB Apps or FIRECRACKERS’s work products, documentation, logos and proprietary data to the extent owned or controlled by FIRECRACKER and comprising formats, layout, processes, know-how and specifications contained in or relating to FIRECRACKER’s information, documents, systems, software, websites (including, without limitation, web pages, interfacing mechanisms, proprietary electronic data interchange protocols and formats of encryption and message delivery from time to time).
“SQUASHLAB Apps” means the proprietary App products developed, marketed, sold, licensed, installed and/or supported by FIRECRACKER and made available to Client, including but not limited to this Application.
“Source Code” means the computer programming code of the SQUASHLAB Apps in human readable form and shall include version details, documentation describing the procedures for building, compiling and installing the software, database schema with tables, fields and relationships, data dictionary per table, data flow description and description of triggers and remote procedure calls, systems manual, application architecture, description of individual modules, functions and interfaces.
“Term” means the period described in clause 9.
“Territory” means the Republic of South Africa.
“Third Party Providers and Intermediaries” means organisations providing outsourced facilities to Client from time to time and intermediaries acting on behalf of Client from time to time.
“website services” is the SquashLab website and all products and website services and information related to the website on URL squashlab.net.
FIRECRACKER provides a subscription based SaaS (App as a Website services ) model to the Client whom will be granted use of the SQUASHLAB Apps/website services based on the selection of website services chosen by the Client. In consideration of the due payment by Client of the Subscription Fees as from the Effective Date, FIRECRACKER hereby grants to the Client a licence to use the SQUASHLAB Apps /website services on the following terms:
Upon acceptance of these Terms and Conditions, the Client shall be entitled to use the SQUASHLAB Apps/website services and SquashLab will grant the Client with access thereto.
3.2. Reverse Engineering etc.
Except as stated in this agreement, the Client has no right (and shall not cause or permit any third party) to copy, adapt, reverse engineer, re-engineer, disassemble, decompile, modify, adapt or make error corrections to the SQUASHLAB Apps/website services or any part of it; or otherwise create or attempt to create (or permit, allow or assist others to create) the source code or the structural framework of the SQUASHLAB Apps/website services or any part of it.
Client shall not use or study (or permit use or study) any part of the SQUASHLAB Apps/website services or its output for the purpose of developing any App that is intended to replace, or that has functions, structure or architecture similar to, the SQUASHLAB Apps/website services or any part of it.
3.3. Obligations and Acknowledgement
The Client hereby agrees, undertakes and/or acknowledges that:
Successful use of the SQUASHLAB Apps/website services may depend upon the continuous input and co-operation of the Client. The Client hereby agrees to provide such input and co-operation as reasonably required by FIRECRACKER from time to time;
In entering into this Agreement, it relied upon its own skill and judgement in selecting the SQUASHLAB Apps/website services and in the use and result it intends to obtain there from;
The successful and effective use of the SQUASHLAB Apps/website services is dependent upon network speed on the existing link speeds and hardware used by the Client. These links can influence application accessibility as well as upload of data and reporting. FIRECRACKER assumes no responsibility in relation to the network and hardware capabilities employed by the Client;
All rights in the SQUASHLAB Apps/website services IPR belong to FIRECRACKER;
It shall not acquire or claim any title to the FIRECRACKER’s IPR by virtue of the rights granted to it by this Agreement or through its use of the FIRECRACKER’s IPR either before or after the date of this Agreement;
It shall not at any time do or omit to do anything which is likely to prejudice FIRECRACKER’s rights in the FIRECRACKER’s IPR;
It is not permitted to use the SQUASHLAB Apps/website services by any other parties or any other manner which may breach the provisions of this Agreement.
4. IPR Ownership
4.1. FIRECRACKER’s IPR
FIRECRACKER shall own all SQUASHLAB App/website services Intellectual Property Rights subsisting in the SQUASHLAB App/website services provided or developed under the terms of this Agreement, or developed separately by FIRECRACKER at any time.
No title to the SQUASHLAB App/website services Software, or to embedded code, commands or other App items or programs, passes to Client. Client does not acquire any rights in the SQUASHLAB App/website services Software, or to embedded code, commands or other App items or programs, or to the App Documentation, other than those specified in this Agreement.
FIRECRACKER provides no warranties in respect of the use of the SQUASHLAB Apps/website services of any kind or sort. All warranties, terms and conditions express or implied, including any warranties, terms or conditions of satisfactory quality or fitness for any particular purpose are, to the fullest extent permitted by law, excluded from the Agreement. FIRECRACKER does however acknowledge that the operation of the SQUASHLAB Apps/website services will not be free from minor Defects. If Client notifies FIRECRACKER in writing of any Defect, FIRECRACKER shall, without charge, take reasonable action within its capabilities to attempt to remedy the Defect. The above provision shall not apply to any non-conformity arising out of or related to any modification or misuse by Client.
FIRECRACKER warrants that, subject to the Proviso below, it has used commercially reasonable efforts, consistent with industry standards, to remove any Harmful Codes which would render inaccessible, or impair the operation of, the SQUASHLAB Apps/website services or any data that the SQUASHLAB Apps/website services are designed to process or use. The Proviso is that FIRECRACKER shall have no liability in respect of:
Any Harmful Code introduced into the SQUASHLAB Apps/website services after delivery of the SQUASHLAB Apps/website services to Client;
Any Harmful Code not detected within a period of 6 (six) months from the Effective Date; or
Any Harmful Code that would not be detected through the use of standard, commercially-available virus detection App at the time
No statement in this Agreement is intended to be a warranty unless it expressly states it is a warranty.
In entering into this Agreement the parties have not relied on any representations or warranties about its subject matter except as provided in this Agreement.
6. Remedies and Liabilities
Under no circumstances will FIRECRACKER be liable to the Client in contract, delict (including without limitation, negligence or breach of statutory duty) or otherwise, howsoever arising for:
Any claim(s) arising by reason of or in connection with this Agreement or any use whatsoever of the SQUASHLAB App/website services Software;
Loss or damage to the Client’s records or data;
Loss of profit (whether direct, indirect or otherwise);
Loss of goodwill (whether direct, indirect or otherwise);
Loss of anticipated savings (whether direct, indirect or otherwise); and/or
any special or indirect or consequential loss or damage of any kind whatsoever or howsoever arising out of or in connection with this Agreement, even where the Client has advised FIRECRACKER of their possibility.
The parties acknowledge and agree with each other that they will receive and provide to each other and may otherwise (both incidentally and in the course of such co-operation) become aware of or be exposed to certain information (including Confidential Information).
It is acknowledged that for the purposes of this Agreement “Confidential Information” shall include the following:
Trade secrets and other information of a confidential nature relating to the business and affairs of a party, being information of whatsoever nature (written, electronically and/or oral) that is not known by or generally available to the public at large (and which does not become so known or available by reason of a breach of this Agreement) including without limitation existing business, corporate and product development plans, concepts or ideas, marketing, customer technical and other data and equipment or computer software, and intellectual property, proposals, and know-how techniques.
Information of whatever nature relating to the business and affairs of a party which is obtained, whether in writing, or
orally, or in any recorded or computer program form, from or pursuant to negotiations or discussions with any of:
The other party, its management and/or employees; and/or
The advisers to or consultants of the other party and/or
The disclosed prospects, suppliers or customers of the other party.
Analyses, compilations, studies and other documents prepared by the parties, their management, employees or advisers, which contain or otherwise reflect or are generated from the information specified in clause 7 above.
Each party agrees with the other that during the course of its business dealings with that party and thereafter each party shall:
Use the Confidential Information only for the purpose of fulfilling its obligations to the other party; and without prejudice to the generality of the foregoing will not use or seek to use the Confidential Information so as to procure any advantage for itself or for others over the other party, whether of a commercial nature or otherwise.
Treat and safeguard as strictly private and confidential all the Confidential Information received at any time from the other party, its employees, advisers and consultants, taking precautions to safeguard the confidentiality of the Confidential Information at least equivalent to those that it takes with respect to its own Confidential Information.
At no time without the prior written consent of the other party disclose Confidential Information to any person other than to those employees, advisers and consultants of a party who are required in the course of their duties to receive and consider the same and who are informed by that party of the confidential nature of the information and shall have previously agreed for the benefit of the other party to be bound by the confidentiality obligations in this paragraph 8, but will in any event be responsible for any breach of these confidentiality obligations by its employees, advisers or consultants.
Not, save as is necessary, make any copy of any Confidential Information or record any of it in any form or in any way, or make any note or copy of any document or other record of Information containing or comprising Confidential Information nor any extracts, drawings, sketches, duplicate disks and diskettes or the like.
Not claim any ownership in any Confidential Information or other information supplied by the other party or pursuant to this Agreement, or any Intellectual Property Rights relating to it or arising out of it.
Not, save as is necessary, make any copy of any computer program (or any part of any program) supplied to that party by the other party.
It is understood between the parties that the foregoing obligations shall not apply to:
Confidential Information, which at the time of disclosure to either party is within the public domain..
Confidential Information which after disclosure to a party comes into the public domain, other than by reason of the breach of this Agreement.
Confidential Information which, by law or by order of a Court of competent jurisdiction or any regulatory body, a party is required to disclose to any person or in any manner, provided that in the case of any and every such disclosure the party shall give prompt notice of its occurrence or likely occurrence in order that the other party may, if possible, have time to seek any appropriate remedy to prevent it or to waive compliance with the terms of this Agreement.
The provisions of this paragraph 7 shall remain in full force and effect, for ten (10) years from the date of expiry or termination of this agreement.
All obligations in this agreement, not to use or to disclose Confidential Information shall, subject to the terms of this agreement, include obligations not at any time thereafter to use or to disclose directly or indirectly in any way the whole or any part of the Confidential Information and not at any time hereafter to use any process nor to disclose any information which is based on any Confidential Information.
8. Dispute Resolution
If any dispute arises out of, or in connection with, this Agreement or any transaction governed by this Agreement, it shall firstly be referred to nominated representatives for each Party, who will meet and attempt in a good faith effort to resolve the dispute. The meeting will be held reasonably promptly at the request of either Party in the offices of the Party requesting the meeting. If the nominated representatives are unable to resolve the dispute within 14 days after the dispute has arisen, it shall be referred to senior executives of the Parties for resolution, who will attempt to resolve the dispute within 28 days of such referral. If the senior executives cannot reach resolution, then either Party may commence proceedings in accordance with Clause 8 below.
Both Parties acknowledge and agree that damages would not be an adequate remedy for breach by either of them of certain provisions of this Agreement (including, without limitation, Clause 8 above) and that, accordingly nothing in this Agreement shall prevent a Party from seeking appropriate equitable relief from a court at any time for any threatened or actual material breach of the provisions of this Agreement without the need to prove or quantify loss or damage.
9. Term & Termination
This Agreement shall commence on the Effective date and shall expire upon the expiration of the chosen subscription by the Client.
This Agreement shall immediately terminate upon written notice from FIRECRACKER if the Client does not meet any of its payment obligations;
Subject to clause 9.2, either party may terminate this Agreement if the other party breaches a material obligation under this Agreement and fails to cure that breach (provided it is capable of cure) within ten (10) days after receipt of a written notice describing the breach in reasonable detail. FIRECRACKER may terminate or suspend this Agreement and the provision of any website services if, as a result of Client’s non-compliance with any of its statutory, patent or regulatory obligations, FIRECRACKER is required to do so by any government or competent authority.
Either party may terminate this agreement at any time on written notice if the other party shall compromise with its creditors or commence to be wound up (not being a members’ voluntary winding up for the purpose of reconstruction or amalgamation), or carry on its business under an administrator or liquidator, the other party shall be at liberty either to terminate this agreement forthwith by notice in writing to the party or to the administrator or liquidator or to any person in whom this agreement may become vested or to give such administrator, liquidator or other person the option of continuing this agreement subject to his providing a guarantee for the due performance of this Agreement.
Upon termination of this Agreement upon request, the receiving party will return to disclosing party, documentation, all Confidential Information and materials (and any copies thereof) in its possession, or irrecoverably delete any copies of same from its computers and data storage devices save that necessary for a business record which shall be kept secure.
Any provision of this Agreement that expressly or by implication is intended to continue in force shall survive termination of this Agreement, including, without limitation, confidentiality terms, tax payments, and accrued payment obligations.
During the continuance of this Agreement, Client shall benefit (under licence) from the use of the Selected Modules. Upon termination of this Agreement Client shall cease to be so entitled to benefit from the use of SQUASHLAB Apps/website services and shall forthwith return to FIRECRACKER all SQUASHLAB Apps/website services and any comprised FIRECRACKER’s IPR that is in the possession of Client or under its control. Furthermore, upon the request of FIRECRACKER, Client shall at its own expense forthwith return to FIRECRACKER or otherwise dispose of, delete or destroy, in accordance with the directions of FIRECRACKER, all copies (in whatever medium) of the SQUASHLAB Apps/website services in the possession of Client or under its control or, if FIRECRACKER so requires, irrecoverably destroy the same and in either case certify in writing to FIRECRACKER that such action has been taken.
The parties further undertake that in the event of the termination of this Agreement for whatever reason, they shall forthwith upon request in writing from the other party:
return all documents, papers, App Documentation and other information supplied in connection with the terms of this Agreement together with any copies thereof, and
give an unconditional written undertaking, in respect of any documents papers or other information (in whatever medium) which for any reason it shall have been agreed between the parties will not be returned, that such documents, papers or other recorded records have been irrecoverably destroyed from all computers and computer records.
10 Force Majeure
Neither Client nor FIRECRACKER shall be liable to each other for any delay or failure to perform their obligations pursuant to this Agreement due to occurrences beyond their control because of fire, floods, epidemic, acts of God, acts of public enemy, war, insurrection, riots, strikes, lockouts, any law, statute, ordinance, Government notifications or order of the court. In such an event either party shall forthwith notify the other within 2 weeks from the commencement of the said contingency, stating the date of commencement and probable duration of such contingency and shall prove that the said contingency is a force majeure item, which affects the performance of the obligation concerned. If such a contingency continues beyond a period of eight weeks, the parties shall discuss and agree upon any equitable solution and decide the course of action to be adopted.
11 Assignments and Sublicensing
Client may not assign, sell, rent, lease, licence, sub-licence or transfer the benefit of this Agreement to any person without FIRECRACKER’s prior written consent.
FIRECRACKER may assign or transfer the benefit of this Agreement (subject to its obligations) to any person.
That the ownership of FIRECRACKER’s IPR and the Confidential Information of FIRECRACKER is, and shall remain, vested in
Client shall be required to provide an indemnity to FIRECRACKER against all loss or damage suffered by FIRECRACKER arising from any breach or non-observance by the Third party Provider/Intermediary concerned (as Client’s agent, but whether acting within or outside the scope of that agency) of the terms of this Agreement.
Client acknowledges that FIRECRACKER owns the SQUASHLAB Apps/website services and that FIRECRACKER has the right to determine at its absolute discretion to whom it licences its valuable intellectual property.
12. Governing Law
This Agreement shall be governed by the laws of South Africa and shall be subject to the jurisdiction of the courts of South Africa.
13. Entire Agreement
This Agreement states the entire understanding between FIRECRACKER and Client concerning the subject matter of this Agreement, and supersedes all prior oral and written communications. No amendment to this Agreement shall be effective unless it is in writing and signed by both parties.
Nothing in this Agreement shall exclude or limit liability for fraudulent misrepresentation.
The headings used herein are inserted only as a matter of convenience and for reference and shall not affect the construction or interpretation of this Agreement.
If any provision of this Agreement is held to be unenforceable, all other provisions will nevertheless continue in full force and effect.
No failure to exercise, or any delay in exercising, any right or power under this Agreement shall operate as a waiver.
No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof and no waiver shall be effective unless made in writing.
TERMS AND CONDITIONS
Welcome to FIRECRACKER. Please read these terms and conditions carefully, as your usage of our SQUASHLAB App (hereinafter called “SQUASHLAB Apps”) and website services / products (hereinafter called “website services ”) serves as adequate indication of your acceptance of these terms and conditions.
1. ABOUT US
Our SQUASHLAB Apps/website services are owned and operated by FIRECRACKER LIMITED (“FIRECRACKER”). By accessing, using or making purchases through SQUASHLAB Apps/website services , you agree to the terms and conditions set out below. You agree that you have read and understood these terms and conditions, and that same shall be legally binding upon you.
2. USE OF SQUASHLAB APPS/Website services
You agree to use SQUASHLAB Apps/website services , in accordance with these terms and conditions, is only for lawful purposes and will be used in a way which does not infringe, restrict or inhibit anyone’s right to use and/or enjoyment of this site. Failure to comply with these terms may result in denied access to this site indefinitely.
You agree not to use the SQUASHLAB Apps/website services in any way which might infringe the rights of any third party, or give rise to a legal claim against FIRECRACKER by any third party.
You agree not to damage, interfere with or disrupt access to the SQUASHLAB Apps/website services , or do anything which may interrupt or impair its functionality.
You may download and print content from the SQUASHLAB Apps/website services only for your private, personal and non-commercial use. We cannot guarantee or warrant that any material available for download on the site is free from infection, viruses, trojans or other contaminating codes.
You will not use SQUASHLAB Apps/website services to send by email, post or otherwise submit or transmit any material that is deemed unlawful, threatening, offensive, libellous, abusive, defamatory, invasive, vulgar, obscene or profane in anyway.
You will not reproduce, distribute, modify or re-post SQUASHLAB App/website services content on another site, frame or mirror the SQUASHLAB Apps/website services , or link to this site without FIRECRACKER’s prior written consent.
3. ACCESS TO THE SQUASHLAB Apps/Website services
We try to update SQUASHLAB Apps/website services regularly and as such may require some suspend access, website services or functionality from time to time, without notice. If required (in extenuating circumstances), for which FIRECRACKER will not be held liable if, for any reason, the site is unavailable at any time or for any period of time.
As information or data transmitted to or from the SQUASHLAB Apps/website services passes over public telecommunications networks, we cannot guarantee that the operation of the site will be secure, confidential, uninterrupted or error-free. You agree not to do anything that may interfere with the proper working of the site- including tampering with or hacking into the site, or servers within which the site is stored.
FIRECRACKER may, at its sole discretion, immediately suspend or terminate your right to use of SQUASHLAB Apps/website services without any warning if we consider that you have contravened any of these terms and conditions. This is without prejudice to any other rights or remedies that FIRECRACKER may have.
4. CONTENT ON THE SQUASHLAB APP/Website services
We own, or are the licensee of, the intellectual property rights in the content of the SQUASHLAB Apps/website services (“Rights”), including brands, logos, products, text, photos, graphic designs, images, audio, video recordings and any data entered or submitted by you. You shall abide by all additional copyright notices, information or restrictions contained in any content accessed through this website.
Nothing contained on SQUASHLAB Apps/website services should be construed as granting, by implication or otherwise, any licence or right to use, deal with, or copy (in any way) in part or in whole, any Rights without FIRECRACKER’s prior written permission or, as appropriate, the permission of the third party rights owner. Your misuse of the Rights, except as expressly provided in these terms and conditions, is strictly prohibited.
SQUASHLAB Apps/website services may contain links to third party sites and resources. We have no control over the contents of these sites, resources or third parties, and accept no responsibility for them, or for any loss or damage that may arise from your use of them. We do not review, censor, approve, edit or endorse any information placed on third party sites or resources.
We have made every effort to reproduce SQUASHLAB App/website services products, designs and colours on SQUASHLAB Apps/website services as accurately as possible. However, different mobile devices may reproduce colours slightly different, as such exact colour matches cannot be guaranteed by FIRECRACKER. Therefore, when purchasing products from SQUASHLAB Apps/website services , please be aware that colours could potentially differ as they may appear on the screen. If you are not satisfied with the item you have ordered, kindly refer to FIRECRACKER’s Payment Policy /Returns Policy.
We make no absolute surety or representation that all information and materials on SQUASHLAB Apps/website services are appropriate for use in all jurisdictions available on the web, or that product or website services s offered on SQUASHLAB Apps/website services are available, or indeed appropriate, for sale or use in all jurisdictions or by potential clients. Those who access SQUASHLAB Apps/website services do so of their own initiative, and are therefore responsible for compliance with the applicable local laws and regulations. By accessing SQUASHLAB Apps/website services , the entrant has agreed that they have reviewed SQUASHLAB Apps/website services in its entirety, including any and all legal or regulatory rubric.
5. YOUR PRIVACY
We collect and process your personal information in accordance with applicable data protection legislation, as amended from time to time.
By providing your details on SQUASHLAB Apps/website services , you consent to FIRECRACKER maintaining, recording, holding and using the information you give FIRECRACKER at the time of ordering to process your orders, improve our website services s or inform you of any and all pertinent endeavours.
FIRECRACKER considers your privacy as paramount and will strive to not pass your details onto any third party without your express permission unless legally bound to do so. From time to time, FIRECRACKER may send you pertinent information (including news, discounts, relevant and personalised offers on products and exclusive deals, etc.) unless you have told us not to do so. This request can be completed by emailing us at firstname.lastname@example.org formally requesting to be removed from this website services .
Should you choose to not receive information (as outlined in Section 5.3) from FIRECRACKER or third parties, FIRECRACKER will adhere to your wishes and only contact you regarding website services issues including, but not exclusively: order confirmation, password changes, significant changes to terms and conditions and informational, non-marketing emails.
Registration on SQUASHLAB Apps/website services maybe required in order to purchase the website services . Upon registration, you are encouraged to provide accurate and complete information and inform us of any changes to that information by updating your details in the Profile section.
Upon first registration, you will be asked to choose a user name and password (ID). None of our employees or agents will ever ask you for this information. Do not disclose this password to anyone under any circumstances whatsoever.
You are responsible for all use of your ID, and for preventing unauthorised use of your ID. If you believe there has been any breach of security, such as the disclosure, theft or unauthorised use of your ID or any payment information, you are strongly encouraged to notify us immediately at email@example.com.
Your registration does not in itself entitle you to purchase products from us, and we are not obliged to accept any or all orders that you place with FIRECRACKER.
FIRECRACKER website services s or products are at your risk from the time of delivery.
Activation of the subscription does not pass to you until we have received in full (cash or cleared funds) all sums due in respect of:
the subscriptions; and
all other sums which are or become due to us from you on any account.
7. FIRECRACKER LIABILITY
The material and information on SQUASHLAB Apps/website services (including but not limited to product information) is provided without any guarantees, conditions or warranties, including warranties of merchantability, non-infringement of intellectual property, fitness for purpose, or accuracy or completeness of any information. We are not responsible for any errors, omissions or consequences of use of such information. The SQUASHLAB Apps/website services serves purely as a mapping tool, as such information contained on SQUASHLAB Apps/website services does not constitute any form of advice or recommendation by our company, and is not intended to be relied upon for decisions based on such information which may impact a company financially or otherwise.
To the extent permitted by law, we, our related companies and third parties connected to us exclude:
all conditions, warranties and other terms which otherwise be implied by statute, common law or the law of equity; and
any liability for any direct, indirect or consequential loss or damage incurred by you in connection with SQUASHLAB Apps/website services or in connection with the use, inability to use, or results of the use of SQUASHLAB Apps/website services , any sites linked to it and any content on it, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Except as expressly set out in these terms, all representations, warranties, conditions and other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law. However, nothing in these terms is intended to exclude FIRECRACKER or your liability for death or personal injury arising from negligence.
You agree to defend, indemnify and hold FIRECRACKER and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these terms and conditions by you or your authorised users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorised users.
From time to time, we may update and change these terms and conditions without notice. You will always find the latest version of these terms and conditions on the SQUASHLAB Apps/website services . Continued use of SQUASHLAB Apps/website services will serve as a viable indication that you accept and agree to any and all amendments to the terms and conditions.
If any of these terms are held to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these terms will continue in full force and effect.
You agree that we may assign or novate these terms to anyone without notice to you.
Relevant Mauritian law will apply to these terms and conditions and the relevant courts of Mauritius shall have exclusive jurisdiction.