TERMS OF USE

These terms of use (“Terms”) apply to the website www.cds.net (“Our Site”) which is owned and operated by Computer Data Source LLC. (“Us”, “We”, “Our”). We are incorporated in the State of New Jersey in the United States of America. We also have headquarters at: Rawdon House, Bond Close, Basingstoke, Hampshire, RG24 8PZ, United Kingdom; CDS Canada, 3780 14th Avenue, Unit 106, Markham, Ontario, L3R 9Y5, Canada; Computer Data Source Deutschland GmbH, Platz der Einheit 1, 60327 Frankfurt am Main; and 685 Burke Road, Suite 202, Camberwell, VIC 3124, Australia.

Please note that your use of Our Site is subject to the terms of Our Privacy and Cookie Policy which you can read by following this link: Our Privacy and Cookie Policy sets out the terms on which We process any personal data We collect from you, or that you provide to us and information about the cookies on Our Site. 

By using Our Site, whether as a guest or a registered user, you confirm that you accept these Terms and that you agree to comply with them.  Use of Our Site includes accessing, browsing or registering to use Our Site.

 

CHANGES TO THE TERMS

The Terms may be changed by Us at any time at Our discretion.  Your use of Our Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes.  Please consult the Terms regularly and take note of any changes We have made.

 

CHANGES TO OUR SITE

We may update and change the content of Our Site from time to time.  However, please note that the information on Our Site may be out of date at any given time and We are under no obligation to update it.  Continued use of Our Site affirms your consent to the current Terms.

 

ACCESSING OUR SITE

Access to Our Site is made available free of charge.

We do not guarantee that Our Site, or any content on it, will always be available or be uninterrupted.  We may suspend, withdraw, discontinue or change all or any part of Our Site without notice.  We will not be liable to you if, for any reason, Our Site is unavailable at any time or for any period.

You are responsible for making all necessary arrangements to access to Our Site.

You are responsible for ensuring that all persons who access Our Site through your internet connection are aware of the Terms and other applicable terms and conditions, and that they comply with them.

 

YOUR CDS ACCOUNT

If you choose, or are provided with, a user identification code, password or any other piece of information as part of Our security procedures, you must treat such information as confidential.  You must not disclose it to any third party.

We reserve the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time, if in Our reasonable opinion you have failed to comply with any of the provisions of the Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at security@cds.net.

 

INTELLECTUAL PROPERTY RIGHTS

Except as set forth on the Trademark Legal Notice, we are the owner or the licensee of all intellectual property rights in Our Site.  This includes (but is not limited to) all text, artwork, images, photographs, videos, audio recordings, names, logos, service marks, brand identities, graphics, designs, copyrights, trade dress and other intellectual property appearing on the website.  All rights are reserved and protected under copyright laws and treaties around the world.

You may print off one copy and/or download extracts, of any page(s) from Our Site for your personal use.  Our status (and that of any identified contributors) must always be acknowledged as the authors of the content on Our Site.

You may not modify any part of Our Site or of the paper copies you print off and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.  

Except as otherwise provided, your use of any content from Our Site without Our written permission or permission of the content owner is strictly prohibited.  This includes use of the content for commercial purposes.

If you print off, copy or download any part of Our Site in breach of the Terms, your right to use Our Site will cease immediately and you must, at Our option, return or destroy any copies of the Content that you have made.

 

NO RELIANCE ON INFORMATION

The content on Our Site is provided for general information only.  It is not intended to amount to advice on which you should rely.  You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Site.

Although We make reasonable efforts to update the information on Our Site, We make no representations, warranties or guarantees of any kind, express or implied, that the Content on Our Site is accurate, complete or up-to-date.  This includes but is not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  

 

LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits Our liability for death or personal injury arising from negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

To the extent permitted by law, We exclude all conditions, warranties, representations or other Terms which may apply to Our Site or any content on it, whether express or implied.

Your use of Our Site is at your own risk.  We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:

  • use or inability to use Our Site; or

  • use of or reliance on any content displayed on Our Site.

Please note that in particular, We will not be liable for:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any indirect or consequential loss or damage.

We will also not be liable of any damage or injury caused by:

  • error, omission, deterioration or corruption of files

  • failure of performance;

  • delay in transmission;

  • line failure;

  • computer virus, worm, Trojan horse or other harmful component; or

  • deletion or corruption of email, loss of data, and/or delays.

 

VIRUSES

We do not guarantee that Our Site will be secure or free from bugs or viruses. 

You are responsible for configuring your information technology, computer programs and platform in order to access Our Site.  You should use your own virus protection software.

You must not misuse Our Site by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which malicious or technologically harmful.  You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site.  You must not attack Our Site via a denial-of-service attack or a distributed denial-of-service attack.  By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990.  We may report any such breach to the relevant law enforcement authorities and We may co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use Our Site will cease immediately.

 

INDEMNITY

If you violate these Terms, you agree to defend, indemnify and hold harmless Us, Our officers, directors, employees, agents and distributors, against all claims which may be asserted against Us and all losses incurred as a result of your violation of these Terms, including any use of Content other than as expressly authorised in these Terms.     

 

LINKS TO OTHER WEBSITES

Our Site may provide access to other Internet websites that We do not control.  We do not endorse or approve any products or information offered at websites that you reach through Our Site.  We do not assume responsibility for the content of any websites linked on Our Site and we will not be liable for any loss or damage that may arise from your use of those websites.

 

WAIVER

A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.

Our failure to enforce any provisions of these Terms shall not be deemed a waiver of such provision or of the right to enforce that provision for past or future action.

 

SEVERANCE

If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of both parties.

 

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties and supersedes and extinguishes any previous arrangement, understanding or agreement between the parties relating the subject-matter they cover.

 

ASSIGNMENT

You shall not without Our prior written consent assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms.

We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of Our rights or obligations under these Terms.

 

NO PARTNERSHIP OR AGENCY

Nothing in these Terms is intended to, or shall operate to, create a partnership between you or Us, or authorise either to act as agent for the other.  Neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation and the exercise of any right or power).

 

APPLICABLE LAW

We control Our Site in the State of New Jersey in the USA.   If you choose to visit Our Site from other jurisdictions, you do so according to your own initiative.  You are solely responsible for compliance with any applicable local laws.

These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the law of New Jersey and we agree to the non-exclusive jurisdiction of the courts of New Jersey.

 

CONTACT US

To contact us, please email info@cds.net

Thank you for visiting Our Site.

  • Global Headquarters, 275 Industrial Way West, Eatontown, NJ 07724, USA

  • EMEA Headquarters, Rawdon House, Bond Close, Basingstoke, Hampshire, RG24 8PZ, United Kingdom

  • Canadian Headquarters, 3780 14th Avenue, Unit 106, Markham, Ontario, L3R 9Y5, Canada

  • German (DACH) Headquarters, Platz der Einheit 1, 60327 Frankfurt am Main

  • Australia (APAC) Headquarters, 685 Burke Road, Suite 202, Camberwell, VIC 3124, Australia.