Effective on: November 14, 2019
By accessing and using the Sandbox, you acknowledge that you have read, understood and agree to be bound by this Agreement. If you do not agree to these terms, you must immediately cease your use of the Sandbox. The terms "we" and "our" refer to Praxonomy. The terms "you" and "your" refer to the user of or person or entity accessing the Sandbox.
IF YOU ARE OR THE CLIENT IS A DIRECT COMPETITOR OF PRAXONOMY OR WORK(S) FOR OR WITH A DIRECT COMPETITOR OF PRAXONOMY, YOU MAY NOT REGISTER FOR OR ACCESS THE SERVICES EXCEPT WITH PRAXONOMY’S PRIOR WRITTEN CONSENT.
Praxonomy reserves the right, at its sole discretion, to change, modify, add or remove portions of the terms of this Agreement at any time without prior notice. Without prejudice to the foregoing, we will use reasonable means to notify you of any changes. If we modify this Agreement during the current term of your Sandbox use, the new Agreement will come into effect on any extension to or renewal of that term.
You acknowledge that the Sandbox is provided on an "as is" and "as available" basis. The Sandbox may contain errors or inaccuracies that could cause failures, including but not limited to data corruption or loss of data from the Sandbox and from peripherals (including, without limitation, servers and computers) connected thereto. Praxonomy is not obliged to provide any maintenance, technical or other support for the Sandbox but if it does provide any such maintenance or support, it shall be entitled to charge on the basis of its current charges at that time. You are responsible for backing up, to your own computer or other device, any data that you store or access via the Sandbox. Any activities that you perform using or accessing the Sandbox are at your own risk.
Subject to the terms and conditions of this Agreement and to acceptable use, Praxonomy grants you a non-exclusive, non-sublicensable and non-transferable right to access and use the Sandbox for the Sandbox term, for the sole purpose of assessing whether you wish to subscribe to the services offered through the Sandbox.
The Sandbox is accessed via individual user accounts that are password protected ("User Account"). User Accounts are for registered users and cannot be shared or used by more than one user. You are responsible for all activity that takes place on your User Accounts. You agree that you are responsible for keeping your password confidential and secure. You also agree that you are solely responsible and liable for any activities that occur under your User Accounts and for any harm caused to the Sandbox as a result of use under any of your User Accounts.
The Sandbox is provided to you exclusively for education, demonstration and evaluation purposes only. You are not permitted to use the Sandbox for production use. You are permitted to use the Sandbox at no charge for the term of the Sandbox when granted access. Please note that your access to the Sandbox may be terminated without prior notice and Praxonomy reserves the right to discontinue the availability of the Sandbox at any time.
You are not permitted to use the Sandbox for any purpose not expressly specified in this Agreement. Without limiting the foregoing sentence, you agree:
Praxonomy reserves the right to revoke a user account anytime, without prior notice at its sole discretion, including if/when an user account is being used in violation of the terms under this Agreement.
As between Praxonomy and you, you retain exclusive right, title and interest in and to all data that was not made available to you by Praxonomy, either via the Sandbox or otherwise ("Your Data"). You are solely responsible for the accuracy, quality and integrity of Your Data and for the means by which you acquired Your Data. On termination or expiry of the Sandbox access rights and/or this Agreement, Praxonomy shall delete all of Your Data. It is your responsibility to ensure that you have backed up and kept a copy of Your Data at all times.
Praxonomy reserves the right to modify the Sandbox (or any part thereof), either temporarily or permanently, at any time without prior notice to you. You agree that Praxonomy shall not be liable to you or any third party for any modification, suspension or termination of the Sandbox. You acknowledge and agree that Praxonomy has no obligation to provide the Sandbox, or any part of the Sandbox, now or in the future.
The Sandbox and services provided through the Sandbox are provided on an "as is" and "as available" basis, without any warranty whatsoever. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement including, without limitation, that the Sandbox and associated services will be uninterrupted or virus or error free, that any services will be uninterrupted or virus or error free or that the Sandbox and/or associated services will meet your requirements or operate in combinations with hardware, software, platforms, systems or databases used by you or on your behalf.
In no event shall Praxonomy be liable for any consequential, indirect, special, punitive or similar damages, or for loss of data or profit (whether actual or anticipated) or business interruption, arising out of the use of, or inability to use, the Sandbox and associated services, even if Praxonomy or an authorised representative of Praxonomy has been notified orally or in writing of the possibility of such damage. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF PRAXONOMY, OR ITS OFFICERS, AGENTS AND LICENSORS TO ANY PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED US$100.
All right, title and interest in and to the Sandbox, this website and associated services, including all associated intellectual property rights, vest in and belong to Praxonomy absolutely. All trade marks, trade names, service marks and logos are proprietary to Praxonomy and your use of any marks on the Sandbox, this website or any service is strictly prohibited.
This Agreement and the subject matter of this Agreement shall be construed in accordance with and governed by the laws of the Hong Kong SAR and you submit to the exclusive jurisdiction of the courts of the Hong Kong SAR.
Praxonomy's failure to enforce, at any time, any of the provisions, conditions or requirements of this Agreement, or its failure at any time to require performance by you of any provision of this Agreement, will in no way waive your obligation to comply with each provision of this Agreement or Praxonomy's ability to enforce each such provision as written.
This Agreement is personal to you and may not be assigned, or any rights or obligations delegated at any time. Any purported assignment and delegation shall be ineffective. Praxonomy may freely assign, delegated, subcontract or otherwise deal with this Agreement or any of its rights or obligations under this Agreement at any time.
You shall keep all information related to the Sandbox, its functionality, related services or otherwise generated by you through the use of the Sandbox or received from Praxonomy in connection with this Agreement or the Sandbox ("Information") confidential and shall not copy, adapt, alter or divulge to any third party any such Information and shall not use the Information in any way except for the sole purpose specified in this Agreement and except in accordance with this Agreement.