IRP Commerce Cloud Terms of Use
IRP Commerce Cloud provides eCommerce capabilities on a platform as a service basis (IRP Commerce Cloud).
IRP Commerce Cloud is operated by IRP Commerce Limited (we, us and our). We are registered in Northern Ireland under company number NI041856 and we have our registered office at Concourse Building 3, Catalyst, Queens Road, Belfast BT3 9DT, Northern Ireland.
Prior to first use of IRP Commerce Cloud, you will be asked to provide certain information (in your own name) as part of our process for setting up an IRP Commerce Cloud user account in your name. Once we have received and approved the information requested from you, you will become a registered user of IRP Commerce Cloud.
These terms (together with the documents referred to in them) set out the rules for using IRP Commerce Cloud. These terms apply to all registered users of IRP Commerce Cloud, including those registered by or on behalf of partners, merchants, system integrators and industry connections.
We reserve the right to update and change the terms by posting updates and changes here: (www.irpcommerce.com/en/gb/IRP-Commerce-Cloud-Terms-of-Use/id-19.aspx)
You are advised to check these terms from time to time for any updates or changes that may impact you.
IMPORTANT NOTICE: USE OF IRP COMMERCE CLOUD IS STRICTLY SUBJECT TO THESE TERMS.
YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND THAT THE TERMS WILL BIND YOU WHEN USING IRP COMMERCE CLOUD.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE IRP COMMERCE CLOUD. ANY CONTINUED USE OF IRP COMMERCE CLOUD AFTER ANY UPDATE OR CHANGE TO THE TERMS CONSTITUTES YOUR AGREEMENT TO, AND ACCEPTANCE OF, SUCH UPDATE OR CHANGE.
Data and how we use it
We take data privacy extremely seriously and ensure that data is held securely and encrypted where needed. We reserve the right to use anonymised data for comparisons in the IRP Commerce Cloud and for calculations and models relating to ecommerce. We also reserve the right to use IRP data for anonymised ecommerce market data. This data may be published in relative terms and the source of the data is never supplied in the content.
Changes to IRP Commerce Cloud
We may update IRP Commerce Cloud from time to time and may change the content at any time. However, please note that any of the content on IRP Commerce Cloud may be out of date at any given time, and we are under no obligation to update it.
Accessing IRP Commerce Cloud
We do not guarantee that IRP Commerce Cloud, or any content on it, will always be available or that its availability will be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of IRP Commerce Cloud with notice where applicable. We will not be liable to you if for any reason IRP Commerce Cloud is unavailable at any time or for any period.
Your account & password
As part of your registration with IRP Commerce Cloud, you will be provided with a user identification code or password as part of our security procedures. You must treat such user identification code or password as confidential and not disclose it to any third party.
We retain the right to disable any user identification code or password at any time if in our reasonable opinion you have failed to comply with any of the provisions of these terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
Intellectual property rights
IRP Commerce Cloud and its content are made available to you for internal business purposes only and subject to these terms. We are the owner or the licensee of all intellectual property rights in IRP Commerce Cloud and all content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on IRP Commerce Cloud that is not in connection with and for the purposes of running your ecommerce operation without obtaining a licence to do so from us and our licensors.
No reliance on information
The content on IRP Commerce Cloud is provided for general information only. Except where we expressly state otherwise, it is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the content on IRP Commerce Cloud, we make no representations, warranties or guarantees, whether express or implied, that the content on IRP Commerce Cloud is accurate, complete or up-to-date, or that it will be free from errors or omissions.
Uploading content to IRP Commerce Cloud
Whenever you make use of a feature that allows you to upload content to IRP Commerce Cloud, or to make contact with other users of IRP Commerce Cloud, you must comply with the content standards set out in our IRP Acceptable Use Policy (IRP World & IRP Commerce Cloud) (available at: https://www.irpcommerce.com/en/gb/Acceptable-Use-Policy/id-2.aspx). You warrant that your contributions comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
Any content you upload to IRP Commerce Cloud will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us a non-exclusive, perpetual, free of charge, royalty-free, worldwide, irrevocable licence (with rights to sublicense) to use, process, store, copy, reproduce, edit, modify, adapt and enhance that content and to publish distribute and make it available to third parties, in each case without further notice, consent, compensation or account.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to IRP Commerce Cloud constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of IRP Commerce Cloud.
We have the right to edit or remove any posting you make on IRP Commerce Cloud for editorial purposes and/or if, in our opinion, your post does not comply with our content standards.
Viruses
We do not guarantee that IRP Commerce Cloud will be completely secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access IRP Commerce Cloud. You should use your own virus protection software.
You must not misuse IRP Commerce Cloud by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to IRP Commerce Cloud, the server on which IRP Commerce Cloud is stored or any server, computer or database connected to IRP Commerce Cloud. You must not attack IRP Commerce Cloud via a denial-of-service attack or a distributed denial-of-service attack. By breaching this section, you commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use IRP Commerce Cloud will cease immediately.
Limitation of liability
Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence or any other liability that cannot be excluded or limited by applicable law.
To the extent permitted by applicable law, we exclude all conditions, warranties, representations or other terms which may apply to IRP Commerce Cloud or any content on it, whether express or implied.
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 either:
- use of, or inability to use, IRP Commerce Cloud;
- or use of or reliance on any content displayed on IRP Commerce Cloud.
To the extent that your use of IRP Commerce Cloud occurs in the course of business, we will not be liable for:
- loss of profits, sales, business, or revenue; business interruption; or
- loss of anticipated savings; or loss of business opportunity, goodwill or reputation; or any indirect or
- consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of IRP Commerce Cloud or to your downloading of any content from it, or on any website linked to it.
Where IRP Commerce Cloud contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and we assume no responsibility for them. Except where we expressly state otherwise, such links should not be interpreted as endorsement by us, and we will not be liable for any loss or damage that may arise from your use of them.
Suspension & termination
We will determine, in our discretion, whether there has been a breach of these terms through your use of IRP Commerce Cloud. If such a breach occurs, we may take such action as we deem appropriate.
Failure to comply with any of these terms constitutes a material breach of the terms upon which you are permitted to use IRP Commerce Cloud, and may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use IRP Commerce Cloud; and
- immediate, temporary or permanent removal of any posting or material uploaded by you to IRP Commerce Cloud; and
- issue of a warning to you; and
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and
- disclosure of such information to law enforcement authorities as we feel is necessary.
We exclude liability for actions taken in response to any breach of these terms. The actions described in this section are not limited, and we may take any other action we deem appropriate.
Applicable law
To the extent that your use of IRP Commerce Cloud occurs in the course of business, these terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of Northern Ireland and the courts of Northern Ireland shall have exclusive jurisdiction.
Trade Marks
IRP COMMERCE CLOUD and IRP COMMERCE and other registered company trademarks are our trade marks.
Other applicable terms:
The following additional terms apply to your use of IRP Commerce Cloud:
- our Privacy Policy (available at: https://www.irpcommerce.com/en/gb/Privacy-Policy/id-5.aspx), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using IRP Commerce Cloud, you consent to such processing and you warrant that all data provided by you is accurate;
- our Cookie Policy (available at: https://www.irpcommerce.com/en/gb/Cookie-Policy/id-6.aspx), which sets out information about the cookies on IRP Commerce Cloud.
