To register yourself and to avail the service you are required to fill in the registration form, you must provide authentic, accurate and complete information at the time of registration. Information required will include email address, username and password. It will be completely your responsibility to protect your password as you are responsible for all the activities that take place by or any third party under your account. Incase of any security breach you agree to inform Cavako straight away. Cavako might need to access your account at certain times. This can be for support, maintenance or security purposes. You agree to give consent to Cavako to access your account with or without any prior notification.
At the time of subscribing to the service you agree to pay a monthly service fee that will be charged monthly. This might also include an initial non refundable service fee that will be charged once. The service fee will be charged monthly and will be charged from the credit card provided by you at the time of subscription. You also agree that you are 18 years or above and you own the credit card. We retain the right to terminate your subscription if you fail to pay your service fee on time. If your credit card expires you can change the credit card number in that case. If at any point you wish to cancel your subscription you have an option to delete your account. You may go to Cavako website and delete your account.
On complying with the terms of the agreement you will be given a revocable, non-exclusive, non-transferable license to use the application service. You will not be allowed to duplicate, alter modify the service or transfer it to any third party or resell it by sharing your account details like username and password. You will receive notices on your provided email address. You also allow us to share information with third parties to display data provided by you and contact your customers.
You allow us to retrieve information from third party sites and service providers that you have a relationship or an account with. Cavako will not be accountable for any service provided by the third party. Cavako cannot take responsibility for the timeliness, accuracy, loss,or failure to store any data or communications.
Cavako charges a monthly subscription fee for its services and it reserves the right to change the service fee at any time it wants. You’ll be notified about such a change. Also, bear in mind that any such change will be implemented after the effective date of the fee change.
By agreeing with the terms of service you agree that the Cavako and its affiliated companies can collect, maintain, process, use diagnostic and gain technical information that can include information regarding computer, systems, links, traffic and application that is gathered through the service to update and support service for you and other user like you and to ensure compliance with the agreement. Cavako can use information that is anonymous and does not identify with you. This means that that nobody can track and identify you with that to you. In addition to this Cavako can also gather, maintain and use information of your customers that it gains through the service and can contact them with the goal to improve the service,
Both parties in this agreement are bound to keep confidential information of the party confidential except for the cases that are mentioned in the agreement and are not allowed to disclose information to any third party without the written consent of the other party. Both should take adequate measures to protect information of the other party from disclosing. Confidential information is any information that is shared by any party either verbally or orally and is recognized as confidential by the party or any information disclosed that the other party believes should be confidential. Any information disclosed by Cavako regarding the services for instance the password of the account should also be considered confidential and should not be shared publicly. Things that are part of the term confidentiality include i) information that is collected or obtained by the receiving party without any use of confidential information from the other party ii) It came to the knowledge of the other party without a breach of the agreement or confidentiality iii) any information that is the part of public or is made public without any role played by the receiving party iv) Any information that was known by the party was demonstrated by prior written records at the time it was disclosed v) information that is disclosed by the agreement of both the parties or on the order of the court, administrative agency or the government body. Keeping in mind that the other party should be informed and take measures to make sure that the information is not made public.
Except for the limited rights that are provided further Cavako keeps all the rights, titles, technologies, content on website, analytics, data, software including the enhancements, updates or extention of the technology that are made by Cavako or anyone on the behalf of Cavako that pertain to and are protected by copyrights, patent, trademark. They are the intellectual property of Cavako. You are allowed to i) use Cavako technology except for the limited rights that have been granted to you in accordance with the agreement ii) use Cavako technology in a way that is not in accordance with the user assistance document if it’s provided or the use does not align with our security measures iii) back engineer, hack or access information or data of any other user iv)modify any legitimate notification, including notification of intellectual property rights showing up in or on any materials conveyed to you by Cavako v) use any device that can the hinder operation of the services provided by Cavako vi) use deep-link, page-scrape, spider, robot, crawl or any other such tool to monitor, access information without our consent.
You agree to indemnify, defend Cavako’s employees, directors, affiliates incase of any losses or third party claims against Cavako or any its employees, directors or affiliates against any fine or penalty and expenses that arise due to i) your breech of the agreement ii) you use of the service iii) unauthorized use of service iv) any data or material that you provide directly to us or through the service v) violation of any third party rights. In any such case Cavako will bring the matter to your notice and will expect complete cooperation from your side.
Cavako does not provide any warranty of any sort for any of its services. Cavako does not claim that all it’s services are error free, accurate and does not claim any implied warranties of any sort including express, implied and statutory. Some states do not allow exclusion of implied warranty if you are from those states then this might not apply to you. You agree that Cavako is not responsible for any authorized access or alteration to your account. You agree that you will follow the state laws federal laws applicable, will not share any pronographic content, that you have the legal right to use or share data that you use in association with the service, will not share objectionable or illegal content.
Cavako will not be liable to you or any third party for any indirect, special, punitive, consequential (including, without limitation, lost profits or lost data collected through the service), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if cavako has been advised of the possibility of such damages. There are some states that do not allow or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this and the foregoing paragraph may not apply to you. notwithstanding anything set forth in this agreement to the contrary, cavako cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this agreement shall not exceed $500 (five hundred united states dollars).
Both parties have the right to terminate the agreement at any point without any reason. When the agreement ends Cavako will stop providing you the services, and payment that is remaining will be immediately payable and due. No refunds for your service fee or any other fee will be given to you. All the data you have with the service will be lost.
Cavako has the right to make any changes in its terms of services and policies at any point in time. The modified policies will be updated on Cavako’s website. It’ll be your responsibility to keep checking the website for any updates in the policy. Also, if any changes occur you’ll continue to use the service of Cavako.
You agree that you will not sue the service in anway that violates rules and regulations, government regulations or interests and rights of any third party involved. This right include but are limited to images, music, copyright, patent, trademark, trade secret, false advertising and defamation. You agree that you comply with terms and conditions of any third party involved.
The terms mentioned are constructed in accordance with the UK law. If we fail to implement any law or regulation it would not be considered as waiver of those rights. If a term or law can not be enforced by the court then the rest of the laws will still remain applicable. This agreement supersedes any prior agreement that we have.
Keeping in mind the nature of the internet you’re bound by the local laws regarding code of conduct for internet usage, you have to comply with the applicable laws regarding method of transmission of technology data
We do not provide any refunds on the payments. If the agreement is terminated then you will be able to use the service of the complete for which the payment has already been made. We may give refund to any or some user but that will be solely on our discretion.
GDPR data processing agreement is part of the master agreement of our terms and services. This ensures that both parties agree on how personal data of the user can be processed that its compliance with data processing legislation. If the Customer entity entering into this DPA has executed an order form or statement of work with Cavako pursuant to the Agreement (an “Ordering Document”), but is not itself a party to the Agreement, this DPA is an addendum to that Ordering Document and applicable renewal Ordering Documents. “Data controller”, “data processor”, “data subject”, “personal data”, “processing”, and “appropriate technical and organisational measures”If the Customer entity entering into this DPA is neither a party to an Ordering Document nor the Agreement, this DPA is not valid and is not legally binding. In this case the entity must request the customer entity to execute DPA. This does not exceed or supersedes any agreement regarding personal information that has been taken between both the parties.
In this DPA, “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC (as amended by Directive 2009/136/EC) and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them (including the General Data Protection Regulation (Regulation (EU) 2016/279)), and all other applicable laws relating to the processing of personal data and privacy that may exist in any relevant jurisdiction.
The following terms ““Data controller”, “data processor”, “data subject”, “personal data”, “processing”, and “appropriate technical and organisational measures” will be interpreted according to the data protection legislation.
“Sub processor” is a third party contractor that provides its services to Cavako. These services may include credit card processing services or hosting services.
In case of the personal data that Cavako processes through providing application services the customer is the data controller whereas the Cavako is the data processor. Customers are required to comply with data processing legislation at all times in accordance to the personal information that it provides to Cavako.
The subject matter related to the personal data aid DPA is regarding ordering application service through service or ordering documents. The customers can order the application services through website www.cavako.com.
Cavako can process the personal data in accordance to the instructions that are documented either by the agreement or the DPA or any way communicated to the customer.
If Cavako needs to process the personal data for any reason other than that applicable by law then it has to inform the customer before processing any data unless the law prohibits from this on the grounds of the public interest. Cavako has to take reasonable, appropriate measures to ensure protection of data so that no personal information of its customers becomes public.
Cavako can work with any third party which can perform certain operations on its behalf. These third parties can access personal information of the customers solely to provide the services and it can not be used for any other purpose. It is the responsibility of Cavako to ensure that all third parties are complying with the DPA. All the third party contractors need to have a contact with Cavako to ensure this.
Cavako must assist the Customer by implementing reasonable measures to help them with the Customer’s obligation to respond to requests from data subjects under Data Protection Legislation (including processing related information requests, and requests relating to access, rectification, erasure or portability of the personal data) provided that
Cavako reserves the right to reimburse any cost that it incurs during assistance.
When the General Data Protection Regulation (Regulation (EU) 2016/279) comes into effect, Cavako must take appropriate steps at the Customer’s request and cost to assist Customer in meeting Customer’s obligations under Article 32 to 36 of that regulation taking into account the nature of the processing under this DPA, provided that Cavako reserves the right to reimbursement from Customer for the reasonable cost of any time, expenditures or fees incurred in connection with such assistance
On any such request the data must be destroyed or should be returned to the customer.
Cavako must allow customers or auditors to audit the data during the agreement. For this purpose the auditors will be given complete support and they will be given access to resources, personnels used by Cavako related to the application services provided
This audit is to ensure that the policies regarding processing personal information are being followed by Cavako in accordance with DPA and legislations. Audit of this sort should consist of only the written documents of Cavako that can include security policies questionnaires and interviews with the IT personnels. These audits can be carried out by customers or independent officials that have relevant qualification
If while providing the application service any loss, disclosure, alteration of personal information of the customer takes place then Cavako is required to inform the customers as soon as possible about the damage about the incident ow it may affect the customer content and is required to give them updates on what measures are being taken to resolve the issue.
Cavako has committed to work with the panel to EU DFA to resolve any unresolved privacy shield complaints
To provide the service Cavako must process information. This personal information can include email, first name, IP address and last seen.
Data subject whose data is covered by a privacy shield can access, delete and alter its data if they feel that is not accurate or is in violation of the policy except the cases where this could affect the privacy of customers data or can affect anyone other than the data subject.
Customer will be notified if the personal data is transferred to a subprocessor by Cavako to provide services. The data will be processed according to the consent given by the customer. In any such case third parties will give complete assurance that the personal data of the customers will only be used for the purpose of providing the application services. They will also ensure that they will provide the same level of protection as described by privacy shield policies. If Cavako finds out that the customer data is not being used in accordance with the policies then it will take appropriate measures to prevent this from happening. Only that data will be transferred that the third party will require to provide the service and that is covered by privacy shield policy. If the third party says that it can not give the same level of data protection that Cavako will take appropriate steps to stop processing of the data. Cavako will be responsible if data is not processed by the third party in accordance with the policies.
Cavako transfers Personal Data to third parties, including, law enforcement agencies and consumer reporting agencies according the following procedures
Cavako may disclose your information to the relevant authorities. Cavako may share information if they feel it’s necessary to do so to comply with the authorities, to control fraud or protect the rights of others, third parties when they provide service to Cavako by using the same level of protection.