We/Us/Our/ refer to Comskill
You/Your/Yourself refer to User of the website
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities or for any other reason in Our sole discretion which We may decide. Your continued access to or use of the Site constitutes Your acceptance of any such change and/or amendment.
The Site contains information about Our services; however nothing on the Site amounts to or should be considered to amount to advice. Comskill has done its utmost to ensure the accuracy, timeliness and completeness of all information on the Site. No person should act or refrain from acting on the basis of any matter contained in the Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.
No part of the Site is intended to constitute a contractual offer capable of acceptance. No goods are sold through the Site and any details are for information purposes only.
Comskillis providing the Site on an “as is” basis and makes no representations or warranties of any kind with respect to the Site or its contents and disclaims all such representations and warranties. In addition Comskill makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on the Site. The information contained on the Site may contain technical inaccuracies or typographical errors. All liability of Comskill howsoever arising for any such inaccuracies or typographical errors is expressly excluded to the fullest extent permitted by law.
Except to the extent that loss or damage is caused directly by Comskill’s gross negligence or wilful misconduct and subject to the following paragraphs, Comskill and/or its employees expressly disclaim any and all liability whatsoever in respect of anything and in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of the Site. In particular and without limiting the generality of the foregoing, Comskill will not be liable for the delay in performing or failure to perform its obligations hereunder if the delay or failure results from events or circumstances beyond its control.
Comskill shall not be liable for any losses resulting from third party services outside its reasonable control whether such services are used by You to access the Site or used by Comskill in order to comply with Your instructions.
Comskill further expressly disclaims any and all liability in respect of any loss or damage suffered by any person arising out of or in connection with the Site or as a result of the information contained on the Site. All information on the Site is:
- of a general informative nature only and should in no way be taken as an indication of future results;
- not necessarily comprehensive, complete or up-to-date; and
- subject to change without notice.
Comskill shall not be liable to You for any losses resulting from Your accessing third party websites, whether or not You access such websites through the Site. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the use of the Site, with or without notice. You agree that Comskill shall not be liable to You or to any third party for any such modification, suspension or discontinuance of the use of the Site.
This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
You agree to indemnify, defend and hold harmless Comskill, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, Your breach of these terms and conditions, Your infringement of any intellectual property rights or any other right of any person or entity, or Your breach of any duty of confidence or privacy, or any defamatory statements made by You in any form.
Applicable laws require that some of the information or communications We send to You should be in writing. When using this Site, you accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide you with information by posting notices on our Site. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
The Services are provided on an “as is” basis, without any warranty of any kind, including without limitation, any implied warranty of merchantability or fitness for a particular purpose. Comskill and its affiliates expressly disclaim all other warranties, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, merchantable quality, effectiveness, completeness, accuracy, and fitness for a particular purpose.
In no event shall Comskill be liable to You and/or any third party for indirect, consequential, incidental punitive, exemplary or special damages (including without limitation loss of profits and/or lost of data) based on contract, tort or other legal theory, foreseeable or unforeseeable, which may arise out of or in connection with this agreement, regardless of whether Comskill has been apprised of the possibility or likelihood of such damages occurring, or whether claims are based or remedies are sought in contract or tort or otherwise.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any service which is exclusively provided by the Site and which is caused by events outside Our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- The acts, decrees, legislation, regulations or restrictions of any government.
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Confidentiality and Data Protection
These terms and conditions shall be governed by Maltese Law. By accessing the Site, You have accepted Maltese law as the law governing the use of the Site. The Courts of Malta shall have exclusive jurisdiction over all claims or disputes arising out of, or in relation to, or in connection with the Site and these terms and conditions.