Tishkint Terms of Use

The following terms and conditions (these “Terms of Use”) govern all use of the tishkint.com website and all content, services and features available at or through the website.

Please read these terms and conditions carefully. Any use by you of the Site or any service on the Site shall be on the basis that you have read, understood and agreed with these Terms of Use. Tishkint may vary or change the Terms of Use for any valid technical, operational or commercial reasons. An updated version of the terms and conditions shall be available to you at all times and it is your responsibility to review this periodically. Members continued access to the Site after any such changes have been made shall constitute their consent to such changes.

Definitions

Tishkint is a web based subscription service offered through a website (hereafter called the "Site") that allows an organisation to enter, collect, manage and analyse data about itself, its clients and their financial arrangements.

The Tishkint system is owned and operated by Goodwood Solutions Ltd trading as Tishkint, an Irish registered limited company with company number 551089.

A Member is a subscribed customer of the Site or a representative of an entity that is a customer of the Site (hereafter called a "Member"). A Member pays a subscription fee to access the Site ("Subscription").

This Site is provided in accordance with and subject to the laws of the Republic of Ireland. Tishkint makes no representations that the Site is appropriate or available for use in or from locations other than the Republic of Ireland.

User Obligations

Members agree not to use or cause or permit the Site to be used:

  • for any improper, indecent, unlawful, threatening, defamatory or fraudulent purpose or to cause any injury, offence or annoyance to any person, or interfere with their use of the Site;
  • so as to jeopardise or prejudice the operation, quality or integrity of the Site.

Members also agree:

  • to comply with all reasonable instructions or requests of Tishkint or an authorised authority in relation to the Site or the investigation of any offences and to abide by all applicable laws and regulations (including copyright and intellectual property laws), licences, codes of practices and usage policies;
  • not to resell, sub-licence or attempt to resell, sub-licence or otherwise exploit commercially any service (or any part thereof) or any material or information accessed via the Site;
  • not to distribute, download, upload, publish or transmit any data, material, information or software in a manner which may infringe the rights of third parties or render Tishkint liable to the payment of damages to any third party;
  • not to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programmes;
  • not to attempt to gain unauthorised access to or interfere with the Site, other user accounts, computer systems or connected networks;
  • not to disguise the origin of any transmitted communication or impersonate any other person or entity;
  • to notify Tishkint immediately of any unauthorised use of the Site or any other breach of security or any claim or legal proceedings against you relating to your use of the Site;
  • not to use the server capacity or any software made available to you in any way which in Tishkint's opinion is or is likely to be detrimental to the operation of the Site or any third party's rights;
  • to comply with the terms and conditions of any third party whose services you may use;
  • that you may not access or facilitate access to the Site if you are a competitor of Tishkint, except with Tishkint's prior written consent following your disclosure to Tishkint of your status as a competitor. In addition, you may not access the Site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
  • to ensure that the data you enter or collect complies with the requirements of the Data Protection Acts.

Members are entirely responsible for maintaining the integrity and security of any credentials they use or store on Tishkint. Members must take all necessary steps to ensure their credentials are kept confidential, are used properly and are not disclosed to other persons. Members agree to notify Tishkint immediately if their credentials or other information have or are likely to become known to person(s) not authorised to use them or are being or are likely to be used in an unauthorised manner. Members are advised to change their password regularly. If you forget or lose your password, you should contact Tishkint and satisfy such security measures as Tishkint may require before a new password is issued to you.

Fees

Subscriptions Terms

As an express condition of your use of and access to the Site, you agree to pay all fees and taxes applicable to your Subscription. Payment is monthly in advance. All payment obligations are non-cancellable and all amounts paid are non-refundable. Tishkint shall invoice you for the subscription in respect of the monthly access fee, according to the number of Authorised Users having access to the Site and for access to additional modules selected by you. Each individual Authorised User must have their own distinct user account login. Authorised Users may not share user account logins in an effort to hide and lower the number of Authorised Users utilizing the Site. Authorised Users added or removed during a billing month will be charged in full for that billing month.

Change in Fees

Tishkint may change the Subscription fees at any time or impose additional fees or charges when features are added to the Site. Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of the new fees.

Cancellation and Termination

You may cancel your Subscription giving thirty (30) days notice in writing and the actual termination date will be the last day in the calendar month at the end of the notice period and you will be invoiced for that calendar month. If you cancel your Subscription, you will lose all access, upon the expiration of your current pre-paid period, to the Site and any data or information stored on the Site. Tishkint will delete the data and backups associated with your Subscription.

Tishkint may terminate or suspend access to the Site immediately, without prior notice or liability, if you breach these Terms of Use.

Either party may terminate the Subscription, effective only upon the expiration of the then current term, by notifying the other party in writing at least (30) days prior to the date of the expiration of the then current term.

Indemnification

Members agree to indemnify and hold Tishkint harmless from any losses (including legal fees) that result from any claims they make that are excluded under these Terms due to a "Limitation of Liability" or other provision. Members also agree to indemnify and hold Tishkint harmless from any losses (including legal fees) that result from third-party claims that they or a third party using their password did something that, if true, would violate any of these Terms.

Representations and Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Members warrant that they have not falsely identified themselves nor provided any false information to gain access to the Site.

Limitations on Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Site. Tishkint and its officers, directors and employees will not be liable for any direct, indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or Tishkint has been advised of the possibility of those damages. Tishkint's total liability for all claims made about the Site in any month shall be no more than the monthly Subscription fee.

No Warranties

To the maximum extent permitted by law, Tishkint provides the material on the Site as is without warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

Disclaimer

The Site is provided “as is”, “as available”, with all faults and without warranty of any kind. Without limiting the foregoing, Tishkint and its officers, directors, employees, agents, representatives, and partners (collectively, the “Tishkint Entities”) make no representation or warranty (i) that the Site or results therefrom will meet your requirements or be uninterrupted, error-free, or bug-free, (ii) regarding the reliability, timeliness, or performance of the Site, or (iii) that any errors in the Site or reports can or will be corrected. The Tishkint Entities hereby disclaim all warranties, whether express or implied, oral or written, including without limitation, all implied warranties of non-infringement, merchantability, title, or fitness for any particular purpose and all warranties arising from any course of dealing, course of performance, or usage of trade.

Site Failures, Internet Delays and Force Majeure

The Site may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Tishkint does not guarantee, and shall have no liability for, any Site downtime, including, without limitation, any downtime (a) caused by failures of or previously scheduled maintenance to Tishkint's equipment or servers, (b) caused by outages to any public Internet backbones, networks or servers; (c) caused by any failures of your equipment, systems or local access services; or (d) relating to events beyond Tishkint's control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labour conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Tishkint servers are located or co-located.

Data Collection

Members can enter and store credentials on the Site that can be used by the Tishkint software to access third party websites that contain data pertaining to their business. The provision of those credentials to Tishkint grants permission to Tishkint to use those credentials for the sole purpose of collecting your own data from those sites. From time to time, those third party sites may change the content or restrict access to this data and you acknowledge that this is outside of Tishkint's control. Tishkint may (but is not obliged to) adjust the proprietary mechanism by which it collects your data in order to resume data collection.

Third parties may supply data directly to you in a format that can be imported into Tishkint. Tishkint gives no commitment to support changes or enhancements to the import mechanism if the format or content of this data feed is changed by the third party.

Confidentiality

Members acknowledge that the Site, the terms of this Agreement including without limitation pricing, and any other proprietary or confidential information provided to them or any Authorised User by Tishkint ("Tishkint Confidential Information") constitutes valuable proprietary information and trade secrets of Tishkint. Members agree to preserve the confidential nature of the Tishkint Confidential Information by retaining and using it in trust and confidence, solely for their internal use and subject to the terms hereof, and by using the same degree of protection that they use to protect their own confidential information, but in no event less than reasonable care. Tishkint shall have the right to seek an injunction (without having to post any bond or undertaking in damages or prove actual damages) to prevent any breach or continued breach of this section. Members agree to promptly report any breaches of this section to Tishkint.

Intellectual Property Ownership

Tishkint alone shall own all right, title and interest, including all related intellectual property rights, in and to the Site layout, appearance and user interface, any modifications, improvements, upgrades, derivative works related thereto, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating thereto. Members agree to assign any right, title, and interest they may have in the foregoing to Tishkint. This Agreement is not a sale and does not convey to Members any rights of ownership in or related to the Service, the Content, or any intellectual property rights related thereto. The Tishkint name, the Tishkint logo, and the product names associated with the Site are trademarks of Tishkint or third parties, and no right or license is granted hereby to use them.

Privacy

The Tishkint Privacy Policy is available upon request and it addresses Member rights under the GDPR and shows how Tishkint supports implementation of those rights. For further information about current and evolving privacy practices please contact .

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