Terms of Use
Variant IT Solutions Ltd. reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Variant grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Accounts, Passwords and Security
The service offered on this site requires you to open an account (including setting up an Green Cloud ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Variant immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Variant or any other user of or visitor to the Site due to someone else using your Green Cloud ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Green Cloud ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Variant cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
Variant’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Variant’s Privacy Policy, click here Additionally, by using the Site, you acknowledge and agree that
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We will use the information to customise your user experience on the website.
- We may use the information to improve our services.
- We may periodically send brief emails about information which we think you may find interesting using the email address which you have provided.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Use of Third Party Services.
When you use the Green Cloud Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering.
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Green Cloud Software, whether in whole or in part, or create any derivative works from or of the Green Cloud Software.
Updates.
In order to keep the Green Cloud Software up-to-date, we may offer automatic or manual updates at any time and without notice to you
Disclaimers
VARIANT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. VARIANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VARIANT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY VARIANT SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST VARIANT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Variant reserves the right to do any of the following, at any time, without notice:
(1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
(2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and
(3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Variant be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Variant has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Variant is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Variant’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Variant or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Variant, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Variant by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Variant may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Variant’s rights or property, or the rights or property of visitors to or users of the Site, including Variant’s customers. Variant reserves the right at all times to disclose any information that Variant deems necessary to comply with any applicable law, regulation, legal process or governmental request. Variant also may disclose your information when Variant determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Variant may preserve any transmittal or communication by you with Variant through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Variant determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Variant, its employees, users of or visitors to the Site, and the public.
You agree that Variant may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Variant, for which monetary damages would be inadequate, and you consent to Variant obtaining any injunctive or equitable relief that Variant deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Variant may have at law or in equity.
You agree that Variant may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Variant does take any legal action against you as a result of your violation of these Terms of Use, Variant will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Variant. You agree that Variant will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use