Terms & Conditions

1. Your Acceptance

The following are the terms and conditions governing any and all the services offered by UPDAT Technologies Limited a company registered under the laws of Malta with registration number C99062, and having its registered address at 16, Triq it-Tank, Siggiewi (hereinafter referred to as ‘UPDAT’). This agreement (Agreement) governs any UPDAT products and services (Services) provided to you through the UPDAT websites at updat.com.mt (Site), online application suite (UPDAT Platform) or that UPDAT otherwise provides or makes accessible to you and the seats (being the named individual users of the Services) that you nominate (End Users). In the event that you enter into a separate agreement with UPDAT the provisions of that agreement shall supersede this Agreement in case of any conflict between the two. This Agreement is between UPDAT Technologies Ltd (UPDAT) and the person or entity agreeing to these terms (you). You warrant that you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement. If you enter into this Agreement on behalf of your company, then “you” in the remainder of this Agreement means your company, and you warrant that you are legally authorised to bind your company to this Agreement. Whenever you create an account, submit and order, buy a subscription online or in person, or when you click the “I agree” button when visiting our website, you are agreeing to the terms of this Agreement. If you do not agree with this Agreement, do not click the “I agree” button and stop using and uninstall the Services. It is fundamental to read and acknowledge this Agreement before making use or purchasing our Services. This Agreement becomes binding on the date that UPDAT accepts your Order or first makes the Services available to you, whichever is earlier (Commencement Date).

2. Scope

This Agreement comprises of:
1. these terms and conditions (General Terms);
2. the terms specified in the relevant order form completed pursuant to section (12) (Order);
3. the Privacy Policy, and any other UPDAT policies and attachments posted on the Site or UPDAT Platform, each of which may be modified from time to time (UPDAT Policies).
In case of inconsistencies in the different policies mentioned in section (2)(a), priority shall be given according to the order listed.

3. Services

The Services include:
1. all services, technology, data, information, programs, material and other content that UPDAT makes accessible to you through the Site or the UPDAT Platform, including on any desktop, mobile telephone or handheld device (Device) owned or controlled by you or your End Users (Subscription Services); and
2. any other services that UPDAT otherwise provides to you, but excludes:
  1. data, information, templates, content, code, video, images or other materials or information of any type that you upload to the UPDAT Platform, or otherwise provide to UPDAT in connection with the Services (Your Data);
  2. Your Modifications (as defined in section (8)(a));
  3. shared materials created by UPDAT, you or other users of the Services that are published or made accessible through the Site and UPDAT Platform (Shared Materials).
UPDAT reserves the right to make changes to the Subscription Services in its sole discretion from time to time, including the functionality, performance, user interface, usability, and the service description published on the Site or that UPDAT provides to you (Service Description), and you agree that this Agreement will apply to any changes or updates to the Subscription Services. Subject to UPDAT’s obligations under existing Orders, UPDAT may discontinue any Service in whole or part at any time without notice or liability to you. Furthermore, UPDAT shall be exempt from any liability in case of discontinuation of any or all of its products due to a situation of force majeure beyond UPDAT’s control, or in cases of bankruptcy or insolvency of the company.
UPDAT will make the Subscription Services available to you and your End Users solely for your internal business operations during the subscription period specified in your Order (Subscription Term) and in accordance with any usage restrictions specified in the applicable Order and Product Module.
Unless permitted by law or as otherwise expressly permitted in this Agreement, you must not (nor may you authorise any third party to):
1. rent, lease, distribute, license, sublicense, sell, transfer, assign, distribute or otherwise provide access to the Subscription Services to a third party;
2. reproduce, modify, adapt, or create derivative works of, the Subscription Services or remove or tamper with any disclaimers or other legal notices in the Subscription Services;
3. reverse engineer, disassemble, decompile, transfer, exchange or translate the Subscription Services or otherwise seek to obtain or derive the source code or API;
4. incorporate the Subscription Services into any service that you provide to a third party; or
5. use the Subscription Services to provide services, or to create a service that competes with the Subscription Services.
You must promptly notify UPDAT in writing of any direct or indirect breach of the above conditions of use.
You are solely responsible for ensuring that your Devices and systems are compatible with the Subscription Services and meet any minimum requirements specified in the applicable Service Description.

4. No-Charge Services

UPDAT may offer certain Services to you at no charge, including free accounts, trial use, and access to pre-release and beta products (No-Charge Services). Your use of No-Charge Services is subject to any additional terms that UPDAT specifies and is only permitted for the period designated by UPDAT, or if no such period is designated, thirty (30) days. UPDAT may terminate your right to use No-Charge Services at any time and for any reason at UPDAT’s sole discretion, without incurring any liability.

5. Your Accounts

You must register an account in order to access or receive Services, notices, and information from UPDAT (Customer Account).
All End Users must establish a named account on the UPDAT Platform (End User Account).
You may specify one (1) or more administrators who may opt to have password protected rights to access administrative account(s) (Admin Account(s)) to administer the Subscription Services and End User Accounts.
You are responsible for your Customer Account and all End User Accounts and Admin Accounts under your Customer Account (collectively referred to as ‘Your Accounts’). Your responsibilities include:
1. maintaining the confidentiality of the passwords associated with each of Your Accounts;
2. ensuring that only those individuals authorised by you have access to Your Accounts; and
3. ensuring that all activities that occur in connection with Your Accounts comply with this Agreement.

6. Intellectual Property Rights

UPDAT and its licensors have and retain all rights, titles, and interest, including all intellectual property rights, copyright, trade or service marks, designs, patents, rights in circuit layouts, domain names and trade names anywhere in the world (Intellectual Property Rights) in and associated with the Services.
You and your licensors retain ownership of all rights, including Intellectual Property Rights, in Your Data.
You grant to UPDAT, or must procure to grant to UPDAT a non-exclusive, worldwide, irrevocable, royalty-free licence (including the right to sublicense) to use and develop the Intellectual Property Rights in Your Data to the extent required to:
1. enable UPDAT to exercise its rights and discharge its obligations under this Agreement, including to provide or support the Services, and to offer to provide you with any other goods or services (including other products); and
2. generate aggregated data sets, reports and analysis relating to technical data about customer use of the Subscription Services in a form that is anonymised and does not identify you or any individual (Aggregated Data). You acknowledge and agree that UPDAT will own all Intellectual Property Rights in Aggregated Data.
3. UPDAT may use Aggregated Data to analyse, improve, support and operate the Services and for related internal business purposes.

7. Integration with Third Party Products

You may choose, at your sole discretion, to integrate the Services with third party products or services (Third Party Products). If you choose to use any Third Party Products in conjunction with the Services, UPDAT may be obliged to transfer Your Data to the respective third party for an efficient and effective operation of the Third Party Products, subject to your express written consent. The sharing of Your Data shall be limited only to the extent required to provide such third parties with access or use of Your Data for the interoperation of the Services with the Third Party Product. Furthermore, UPDAT shall not in any way or form interfere with Your use of any Third Party Products, and any such relation shall be subject to an applicable agreement between you and the relevant third party provider independent of this Agreement. Any such applicable agreement between you and any third party shall include the liability of the said third party in cases of any breach of personal data which is mismanaged or which may be compromised by the third party. UPDAT is not responsible for any access to or use of Your Data by such third party providers. UPDAT DISCLAIMS ALL LIABILITY FOR ANY THIRD PARTY PRODUCTS AND FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDERS OF THIRD PARTY PRODUCTS.

8. Your Data and Your Modifications

To the extent permitted by the functionality provided by a Subscription Service, you may modify a template, training course or incident workflow in the Subscription Services for the purposes of developing customisations and additional features of a template, training course or incident workflow (Your Modifications).
If you elect to publicly share any of Your Data or Your Modifications with UPDAT or other users through the functionality provided by the Subscription Services (Your Shared Materials), you grant UPDAT and each other user that downloads Your Shared Materials a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence (including the right to sublicense) to use, develop, modify, reformat, publish, distribute to third parties, and exercise any other Intellectual Property Rights you have in Your Shared Materials.
You warrant that Your Data and Your Modifications (including any of Your Shared Materials):
1. are not unlawful, defamatory, offensive, obscene, harmful, of bad taste, or inappropriate;
2. comply with the UPDAT Policies;
3. are not false, misleading or inaccurate;
4. do not infringe third party rights (including Intellectual Property Rights);
5. comply with all applicable laws; and
6. are not infected with viruses or any other malicious computer code, files or programs. You acknowledge and agree that UPDAT may, in its absolute discretion, remove, delete, or modify any of Your Data or Your Modifications (including any of Your Shared Materials) from the Subscription Services, Site and UPDAT Platform.
You must indemnify, defend and hold UPDAT and its affiliates, service providers, officers, employees, contractors and customers (those indemnified) harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees) arising out of or in connection with any claim brought against those indemnified by a third party relating to Your Data or Your Modifications (including any of Your Shared Material), including but not limited to any claim relating to infringement of law or the rights of a third party (including Intellectual Property Rights), or representations or warranties that you make about Your Data, Your Modifications or the Services. UPDAT agrees to provide: (i) prompt written notice to you of any such claim; (ii) the exclusive right to control and direct the investigation, defence, or settlement of such claim; and (iii) all reasonably necessary cooperation of UPDAT at your expense.

9. Downloading Shared Materials

If you download Shared Materials, to the extent permitted by law:

your use of Shared Materials is at your own risk;
UPDAT excludes all liability to you and any third party in respect of your use of Shared Materials; and
it is your responsibility to assess (and if necessary, obtain professional advice on) the suitability of Shared Materials for your purposes and any modifications required to meet those purposes

10. Confidentiality

In this Agreement, Confidential Information of a party means information of a confidential nature including information about its business, operations, strategy, administration, technology, affairs, clients, customers, employees, contractors or suppliers, any personal data or data inputted through the system which is not publicly available information, but does not include any Shared Materials, any information which has been obtained legally, or any other information which is in the public domain other than any information obtained by non-compliance to the law resulting in a breach of confidence.
Each party (Recipient) must keep confidential and not disclose to any third party Confidential Information of the other party, with the exception that a Recipient may disclose such Confidential Information:
1. to:
  1. a third party with the prior written consent of the other party; and
  2. the Recipient’s, or affiliates or subsidiaries of the Recipient’s, officers, agents, professional advisers, employees, contractors, subcontractors, auditors and insurers; and provided that such recipients are subject to confidentiality obligations no less stringent than under this Agreement in relation to that Confidential Information; and
2. where the Recipient is legally compelled to do so by any government or any governmental, administrative, regulatory, fiscal or judicial body, department, commission, authority, tribunal, or agency, provided that it first uses commercially reasonable efforts to give the other party written notice prior to disclosure if permitted by law.
Each party must only use Confidential Information of the other party for the purpose for which it was disclosed in connection with this Agreement.

11. Privacy

n this section, Personal Data has the meaning given under the General Data Protection Regulation 2016/679 (‘GDPR’) and the Data Protection Act Chapter 586 of the Laws of Malta, or the meaning given to any similar term under other applicable privacy or data protection laws, as may be amended from time to time, that is used to describe information relating to an individual.
UPDAT will take reasonable steps to ensure that Personal Data within Your Data is secure from unauthorised access, use or disclosure and will treat any Personal Data collected from you in accordance with the UPDAT Privacy Policy.
You are responsible for ensuring that you have obtained all individual consents required for UPDAT to provide the Services in respect of any Personal Information contained within Your Data, including from your End Users, whereby you have particularly specified and explained to each data subject the purpose as to why the Personal Data is being collected and processed.
Where (i) the GDPR and/or (ii) the laws of other states and territories that create and regulate substantially similar concepts and legal principles as are contained in the GDPR apply to any of Your Data, the terms of the Data Processing Agreement will apply.
Other than as expressly noted in this section (11), you acknowledge that:
1. it is your responsibility to satisfy yourself that your use of the Services will allow you to meet any legal obligations applicable to you in respect of Your Data, and UPDAT disclaims all liability for your non-compliance with any such laws or standards arising from your use of the Services.

12. Orders

To use the Services you must complete an Order by either:

completing the online order page (Online Order) located on the Site which contains details of:
1. the Services being ordered;
2. the applicable fees (Fees);
3. the number of paid End User Accounts that will form part of your organisation in respect of Subscription Services (if applicable);
4. the applicable billing details, and the currency in which you will be billed; and
5. if applicable, details of any products made available by UPDAT in the future you wish to order; or
execute a paper-based quote or order form (Quote/Order Form) provided by UPDAT which sets out the relevant information in section (12)(a).

13. Billing and Payment

You must pay all Fees for the Services in accordance with the rates and currency set out in the applicable Order(s). Other than where expressly provided for under this Agreement, all Fees are non-refundable, non-cancellable and non-creditable.
You will be billed the Fees in accordance with the Order as follows:
1. for Subscription Services, you must elect one of the following billing cycle options:
  1. a Monthly Plan, in which case you will be billed the applicable Fees monthly in advance; or
  2. an Annual Plan, in which case you will be billed the applicable Fees annually in advance; or
2. for Services other than Subscription Services, you will be billed the applicable Fees in accordance with the payment milestones specified in your Order, or if none are specified, in advance upon submitting the relevant Order. Services other than Subscription Services may be charged on a “fixed-fee” or “time and materials” basis, as specified in the relevant Order.
Your Order, and any other amounts owing to UPDAT will be billed using one of the following methods (as specified in your Order):
1. by direct debit of your credit card or debit card (Direct Debit), in which case you authorise UPDAT to debit you in the month prior to the commencement of the annual or monthly billing cycle (as applicable);
2. by issuing an invoice in accordance with the billing cycle or payment milestones specified in your Order (Invoiced Payments). You must pay any Invoiced Payment within thirty (30) calendar days after the date of invoice; or
3. by such other forms of payment that UPDAT makes available on the Site, which may be subject to additional terms and conditions.
If you dispute any invoice or charge that UPDAT has billed you (acting reasonably and in good faith) you must notify UPDAT of the dispute without unreasonable delay.
You are responsible for any duties, customs fees, or taxes (other than UPDAT’s income tax) associated with the supply of the Services or any other goods or services provided by UPDAT to you, including any VAT or other applicable sales tax, and any related penalties or interest (Taxes), and you will pay UPDAT for the Services without any withholding for Taxes. If UPDAT is required to collect or pay Taxes, the Taxes will be invoiced to you. You must provide UPDAT with any information UPDAT reasonably requests to determine whether UPDAT is obliged to collect Taxes from you, including your relevant Tax identification number.

14. Warranties and Limitation on Liability

UPDAT warrants that:
1. Subscription Services (other than No-Charge Services) will conform in all material respects with the applicable Service Description for the duration of the Subscription Term; and
2. UPDAT will use commercially reasonable efforts to prevent introduction of viruses, Trojan horses or similar harmful materials (Malicious Code) into the Services. To avoid doubt, UPDAT is not responsible for any Malicious Code introduced by third parties, or by you or your End Users. Provided that you notify UPDAT in writing of any non-compliance under this section (14)(a) promptly after becoming aware of such non-compliance, UPDAT will use commercially reasonable endeavours to correct the non-compliance within a reasonable period. If UPDAT has not remedied the non-compliance by the date that is forty-five (45) days after your written notice, either party may terminate the affected Services. THIS SECTION (14)(a) CONSTITUTES YOUR EXCLUSIVE RIGHTS AND REMEDIES, AND UPDAT’S SOLE LIABILITY, IN CONNECTION WITH THE WARRANTIES IN THIS SECTION (15)(a). YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF WARRANTIES REQUIRED BY STATUTE, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
Except as expressly stated in this Agreement or required under any applicable law, the Services and any other goods or services provided by UPDAT to you are provided on an “as is” basis, and UPDAT does not make any representation or warranty (express or implied) in respect of the Services or any other goods or services provided by UPDAT to you, including, without limitation, any implied warranty of merchantability, of fitness for a particular purpose, that operation of the Services will be uninterrupted or error free, that all defects will be corrected, or that UPDAT will maintain Your Data without loss or corruption.
To the maximum extent permitted by law, in no event will UPDAT be liable to you or any third party in connection with this Agreement, whether in contract, tort, equity, statute or otherwise for:
1. your misuse of the Services, acts or omissions of your personnel;
2. Service outage or interruption, or any damage or losses, arising from networks or websites outside of UPDAT’s control;
3. any injury, damage to property, or loss to any person in relation to your use of the Services;
4. subject to section (11), breach of any law applicable to your business activities, including but not limited to any work health and safety or food safety law, in connection with your use of the Services; or
5. loss of profits, loss of revenue, loss of anticipated savings, loss of use, loss or corruption of data, costs of delay or procurement of substitute or replacement goods and services, business interruption, failure of security mechanisms, loss of goodwill, and any other form of indirect, incidental, special or consequential or punitive damages;
6. any faults in the Service arising from or as a result to an unforeseeable force majeure event beyond the reasonable control of UPDAT.
To the maximum extent permitted by law, liability in relation to any claims in connection with this Agreement shall be limited to the amount incurred from the event giving rise to the liability and shall in no event exceed the total Fees actually paid by you under this Agreement during the term of the service.

15. IP Indemnity

Subject to section (15)(c), UPDAT will defend you against any third party claim alleging that the Subscription Services infringes any copyright or any patent (a “Claim”), and will indemnify you against any damages and costs finally awarded by a court of competent jurisdiction or any settlement amounts agreed in writing by UPDAT, provided that you provide UPDAT:
1. prompt written notice of any such claim;
2. the exclusive right to control and direct the investigation, defence, or settlement of such claim; and
3. all reasonably necessary cooperation and assistance in the defence and investigation of the Claim at UPDAT’s expense.
In the event of a Claim, UPDAT may, in its sole discretion:
1. replace the Subscription Services with a similar service with materially equivalent functionality; or
2. terminate your Order in respect of the Subscription Services affected by the Claim and refund any prepaid, unused Fees in respect of the terminated Subscription Services.
The indemnity obligation in this section 15 will not apply to the extent that any Claim arises:
1. in connection with your use of No-Charge Services;
2. as a result of misuse of the Subscription Service or use of the Subscription Service with any third party data (including any Shared Materials), or in combination with any Third Party Products other than that for which the Subscription Services were designed or provided;
3. as a result of modification to the Service made by any party other than UPDAT or its subcontractors; or
4. in connection with circumstances covered by your indemnification obligations under section (8)(d).
THIS SECTION (15) CONSTITUTES YOUR EXCLUSIVE RIGHTS AND REMEDIES, AND UPDAT’S SOLE LIABILITY, FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH ANY SUBSCRIPTION SERVICES.

16. Term and Renewal

This Agreement commences on the Commencement Date and expires when all Subscription Terms have expired/ terminated, and all other Orders have been completed, unless otherwise terminated in accordance with this Agreement (Term).
Unless otherwise set out in the relevant Order, each Subscription Term will automatically renew for periods equal to the initial Subscription Term at the then-current rates unless:
1. you elect not to renew your Subscription Term by providing written notice to UPDAT at least 30 days prior to the expiry of the then-current Subscription Term, in which case your subscription will expire at the end of the then-current Subscription Term; or
2. UPDAT provides you notice that the Subscription Term will not renew at any time prior to the expiry of the then-current Subscription Term, in which case your subscription will expire at the end of the then-current Subscription Term.
The Subscription Services provided by UPDAT shall be terminated in the event that the Client fails to pay the Subscription fee within ten (10) days from the date it becomes due.

17. Termination and Suspension

You may terminate Subscription Services at any time by following the online process specified on the Site for cancelling your Subscription Term. If you choose to terminate this Agreement in accordance with this clause, you will not be entitled to any credits or refunds as a result of such termination.
UPDAT shall have the right to terminate this Agreement in the event that:
1. You are in breach of this Agreement and fail to remedy such breach within thirty (30) days from written notice by UPDAT;
2. You are investigated, charged, accused of an offence, or it becomes evident that you are involved in corrupt activities or are acting in a fraudulent manner;
3. You become insolvent, or initiate proceedings to wound up, declare bankruptcy, or appoint a liquidator.
4. UPDAT ceases operation and no longer offers the Subscription Service, or in the event that it appoints an administrator, sells business to a third party, or declares bankruptcy and initiates proceeding to liquidate the company, and/or becomes insolvent.
UPDAT may suspend the Services (including any of Your Accounts) immediately without providing you notice, or terminate this Agreement in whole or part, including any particular Order(s), immediately upon notice to you, if:
1. you are in material breach of this Agreement more than two times during the Term notwithstanding any cure of such breaches;
2. you have failed to pay any Fees within ten (10) days after the relevant due date;
3. you infringe UPDAT’s Intellectual Property Rights; or
4. your use of the Services breaches any applicable law or any of the UPDAT Policies.
If UPDAT suspends your use of the Services pursuant to its rights under this Agreement:
1. UPDAT will continue to charge you Fees during the suspension period and you must pay any outstanding Fees prior to UPDAT resuming the provision of the Services; and
2. UPDAT may, in its sole discretion, refuse to resume the provision of the Services until it is satisfied that you have cured the breach which caused the suspension to UPDAT’s reasonable satisfaction.

18. Consequences of Termination

Upon the date that this Agreement or any Order expires or is terminated, then:
1. subject to any further access to the Subscription Services granted by UPDAT under section (18)(b)(ii), you and your End Users must cease all access and use of the relevant Subscription Services, Your Modifications and any Shared Materials;
2. if the Agreement or any Order is terminated:
  1. by you for UPDAT’s breach, then UPDAT will refund any prepaid, unused Fees that relate to the terminated Subscription Services; or
  2. by UPDAT for your breach, then you must pay to UPDAT any and all outstanding Fees due for the remaining duration of any Subscription Term, which will become immediately due and payable upon termination;
3. you must delete any software or other materials that UPDAT has provided to you, or made accessible for download by you, for use in connection with the Services (including any Shared Materials) from any Devices; and
4. you must return, or if requested by UPDAT, destroy all of UPDAT’s Confidential Information in your possession or control and provide written certification to UPDAT that you have done so.
Within thirty (30) days after the effective date of expiry or termination of this Agreement, you must notify UPDAT if you would like Your Data returned to you or deleted. If you notify UPDAT that you elect to have Your Data:
1. deleted (or fail to provide UPDAT notice of your election), then UPDAT will delete Your Data by removing pointers to it on UPDAT’s active and replication servers and overwriting it over time; or
2. returned, UPDAT will, at your election, use commercially reasonable endeavours to deliver Your Data to you, or provide you access to the relevant Subscription Service (other than a No-Charge Service) to access Your Data for a period of up to 30 days following the date of termination or expiry provided that you continue to pay UPDAT the then-current rates for the applicable Subscription Services in respect of that period. Upon providing access, UPDAT shall totally delete and destruct all the Personal Data in accordance with the GDPR.
The following provisions will survive any termination or expiration of this Agreement: sections (8)(c), (8)(d), (9), (10), (13), (14), (15), (18), (20) and any other sections which by intent or meaning have validity beyond termination or expiration of this Agreement.

19. Amendments

UPDAT may update or modify the terms of this Agreement from time to time, including the UPDAT Policies and any other referenced documents (including the Service Descriptions) to respond to changes in UPDAT’s products, services, business or as required by law, by giving notice to you. If an update or modification to the terms of this Agreement materially reduces your rights, you may terminate this Agreement upon providing notice to UPDAT within 30 days after the date of UPDAT’s notice to you under this section, with such termination to be effective on the date of your notice or the effective date of the update or modification, whichever is later.

20. General

Unless otherwise agreed in your Order, this Agreement is governed by the laws of Malta and the parties agree to submit to the exclusive jurisdiction of the courts in Malta.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable that provision shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable and the remainder of this Agreement will be construed in a manner as to give greatest effect to the original intention of this Agreement.
The failure of either party to exercise any right provided in this Agreement in any instance will not be deemed to be a waiver of such right.
Except where an exclusive remedy is specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.
Other than in respect of an obligation to pay any Fee or other amount, neither party will be liable for non-performance or inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, pandemic, riot, labour condition, governmental action, power interruption, telecommunication, data and internet disturbance) that was beyond the party’s reasonable control (Force Majeure Event).
Your use of any website or software that is not provided by UPDAT to access or download the Services will be governed by the terms and conditions applicable to that website or software. UPDAT is not responsible for any consequences resulting from the use of such website or software, including but not limited to any damage to your property, including your Device, or the transfer of any computer virus or similar malicious code, except to the extent such consequences are caused by the Service.
Any notices to you may either be posted on the Site or UPDAT Platform, or given in writing (which may be by email) to the address last notified by you to UPDAT. Any notices to UPDAT, and any questions, concerns or complaints relating to the Services must be in writing and addressed to:
1. [email protected], if the inquiry is related to privacy or your Personal Information;
2. [email protected], if the inquiry is related to support or billing; or
3. [email protected], if the inquiry is related to any legal enquiries.
You agree to use your commercially reasonable endeavours to resolve any dispute arising out of or relating to this Agreement with UPDAT prior to resorting to any external dispute resolution process or court proceedings.
This Agreement, and any rights granted hereunder, must not be transferred or assigned by either party (assigning party) without the prior express written consent of the other party, except:
1. to a third party participating in a merger with, or acquisition of the assigning party; or
2. in respect of UPDAT, to any of UPDAT’s affiliates or subsidiaries.
This Agreement contains the entire understanding between the parties regarding the subject matter of this Agreement. To avoid doubt, resellers of the Services are not authorised to modify the terms of this Agreement or make any representations, undertakings or other legally binding commitments on behalf of UPDAT.

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