Terms of Service
General Terms
By accessing this website or engaging the consulting services of MarkCompare, you confirm that you agree to and are bound by these Terms of Service. These terms apply to the entire website and to any email or other communication between you and MarkCompare.
These Terms of Service are a contract between you and MarkCompare ("MarkCompare", "us", "we" or "our"), the provider of this website and the services accessible from it (together, the "MarkCompare Service"). If you do not agree to these terms, please do not use the MarkCompare Service. In these terms, "you" refers both to you as an individual and to the entity you represent.
The provider of this website and of the MarkCompare Service is MarkCompare, a business name registered in Ireland under registration number 748157, 322 Station Walk, Newbridge, Co. Kildare, Ireland. VAT number IE0801322N.
These terms do not cover the VendIQa platform, which has its own terms of service.
Restrictions
You agree not to, and will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
- Remove, alter or obscure any proprietary notice (including any copyright or trademark notice) of MarkCompare or its affiliates, partners, suppliers or licensors.
Professional Fees
By engaging our consulting services, you agree to these terms and to MarkCompare's Privacy Policy.
Our professional fees may vary depending on the complexity and scope of the service and the providers involved in each project. All fees and payment terms will be set out in your proposal and invoice. Fees paid will not be refunded, except where required by law.
If, for any reason, you are not completely satisfied with a service we provide, please contact us and we will discuss the issue with you.
Client Responsibilities
Clients are solely responsible for the selection and engagement of any third-party provider recommended by MarkCompare. Our role is to provide consultancy and recommend potential providers; the final decision and any agreement with a provider rest solely with the client.
MarkCompare does not offer legal opinions.
If a client decides not to work with any of the recommended providers, the consultancy service provided by MarkCompare will still be considered complete and fulfilled.
If any payment is outstanding, the advisory service may be paused until all due payments are settled.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions ("Suggestions") you provide to MarkCompare about our services or the website shall remain the sole and exclusive property of MarkCompare. MarkCompare is free to use, copy, modify, publish or redistribute Suggestions for any purpose and in any way, without credit or compensation to you.
Links to Other Websites
The MarkCompare Service may contain links to websites not operated or controlled by MarkCompare. We are not responsible for the content, accuracy or opinions expressed on such websites, and they are not investigated, monitored or checked by us. When you follow a link to another website, these terms no longer apply, and your use of that website is subject to its own terms and policies.
Cookies
How we handle data and cookies is described in our Privacy Policy.
Changes to the Service and the Website
MarkCompare may modify, suspend or discontinue, temporarily or permanently, the website or any service connected to it, with or without notice and without liability to you. We may also provide updates, enhancements or fixes to the website from time to time, and have no obligation to provide or keep any particular feature.
Third-Party Services
We may display or link to third-party content, applications, products or services ("Third-Party Services"). MarkCompare is not responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect, and assumes no liability for them. Third-Party Services are provided solely as a convenience, and you access and use them at your own risk and subject to the third party's terms and conditions.
Term and Termination
This Agreement remains in effect until the services are fully completed, or until it is terminated by mutual agreement of both parties. It will terminate immediately, without notice from MarkCompare, if you fail to comply with any of its provisions. Termination does not limit any of MarkCompare's rights or remedies at law or in equity in case of a breach by you during the term of this Agreement.
Indemnification
You agree to indemnify and hold harmless MarkCompare and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) from any claim or demand, including reasonable legal fees, arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
Limitation of Liability
MarkCompare is not responsible for providers' solutions or the accuracy of their data. Clients are solely responsible for choosing whether or not to work with a solution provider.
The website is provided "as is" and "as available", without warranties of any kind. MarkCompare disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and does not warrant that the website will be uninterrupted.
MarkCompare's entire liability, and your exclusive remedy, is limited to the amount you paid for the service. To the maximum extent permitted by applicable law, MarkCompare shall not be liable for any special, incidental, indirect or consequential damages, including loss of profits, data or business interruption, arising out of or related to the use of, or inability to use, the website and the services.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, it will be interpreted to achieve its objective to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided in this Agreement, a failure to exercise a right or require performance of an obligation does not affect a party's ability to do so later, and waiving one breach does not waive any later breach.
Licence
MarkCompare grants you a revocable, non-exclusive, non-transferable, limited licence to use the website strictly in accordance with this Agreement.
Amendments to This Agreement
MarkCompare may modify or replace this Agreement at any time. If a change is material, we will give at least 30 days' notice before the new terms take effect. By continuing to use the website or our services after changes take effect, you agree to the revised terms.
Governing Law
This Agreement is governed by the laws of Ireland, and the courts of Ireland have jurisdiction over any dispute arising from it.
Entire Agreement
This Agreement is the entire agreement between you and MarkCompare regarding your use of our services, and supersedes all prior and contemporaneous written or oral agreements. Additional terms may apply to other MarkCompare services; we will provide them to you at the time of use.
Contact Us
If you have any questions about this Agreement, email info@markcompare.com.