Terms & Conditions
PLEASE READ CAREFULLY BEFORE USING TALIVEST:
This END USER LICENCE AGREEMENT (the “EULA” or the “Licence”) is a legal agreement between you (the “Licensee” or “you”) and Talivest LIMITED, a limited company, whose operational place of business is at the IGNITE 100 LIMITED SUITE 20 ADAMSON HOUSE 65 WESTGATE ROAD NEWCASTLE UPON TYNE ENGLAND ENGLAND NE1 1SG., Companies House number 8755012 (“the Company”, “Licensor”, “Talivest”, “our” or “we”) for your licensed use of and access to www.Talivest.com (the “Website”), and the multi-Solution smartphone and tablet software application (the “Mobile Application”) (together the Website and the Mobile Application are hereafter described as the “Talivest Solution”) and your access to the alumni development and monitoring services provided by Talivest and as described on the Website from time to time (the “Services”) in accordance with the terms of this Agreement. BY REGISTERING FOR, UPLOADING TO AND/OR DOWNLOADING DATA AND INFORMATION FROM THE Talivest SOLUTION AND YOUR SUBSEQUENT CONTINUED USE OF THE Talivest SOLUTION AND THE SERVICES, YOU CONSENT TO BE BOUND BY THIS LICENCE. BY CLICKING ON THE “ACCEPT” BUTTON ON REGISTRATION, AND AT ANY OTHER TIME ON LOGGING IN TO THE WEBSITE AND/OR THE APPLICATION AND THROUGH YOUR CONTINUED USE OF THE SERVICES, YOU AGREE TO BE BOUND TO THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT REGISTER FOR THE Talivest SOLUTION, OR USE ANY OF THE SERVICES. BY CLICKING THE “ACCEPT” BUTTON YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS LICENCE AGREEMENT, THAT YOU ALSO CONSENT TO USE ELECTRONIC SIGNATURES AND ACKNOWLEDGE YOUR CLICK OF THE “ACCEPT” BUTTON AS AN ELECTRONIC SIGNATURE SUFFICIENT TO BIND YOU TO THE TERMS OF THIS LICENCE AGREEMENT.
3. AGE AND RESPONSIBILITY 3.1 Age: Any individual making use of the Talivest Solution or the Services, must be over 18 years of age to register or utilise them. Anyone utilising the Talivest Solution or the Services under the age of 18 may register and utilise the Talivest Solution or the Services in conjunction with and under the supervision of a parent or guardian. 3.2 Responsibility: 3.2.1 By using and registering for the Talivest Solution and the Services, you understand that you are financially responsible for the applicable costs (if any) of using the services as detailed in this Agreement. In the event that you are under 18 years of age, such responsibility rests with your parent or guardian. You should seek the permission of such parent or guardian in advance in respect of the applicable costs of the Services. 3.2.2 You agree to notify us immediately of any unauthorised use of your log-on information or any other breach of security. 3.2.3 Furthermore, all individuals using the Website, the Application and Services confirm they are over the age of 13, as the Services are not intended for persons under 13. Use of the Services by an individual under 13 years of age is prohibited and we ask that you please not use the Services. 3.2.4 You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that Talivest is not responsible or liable for the conduct of any use, including your own conduct. Talivest reserves the right, but has no obligation, to monitor or become involved in any disputes between you and other users. You shall exercise common sense and your best judgment when interacting with others, including when you post or submit User Generated Content or any personal or sensitive personal information. 3.2.5 You agree that Talivest is not responsible for, and does not endorse, User Generated Content posted within the Talivest Solution or the Services. Talivest does not have any obligation to pre-screen, monitor, edit, or remove any User Generated Content. Talivest does reserve the right, at its discretion to monitor, edit, remove or moderate any such User Generated Content following notification from other users and or third parties. If your Content violates this EULA, you bear legal responsibility for that User Generated Content as well as possible grounds for termination of this EULA by Talivest.
4. LICENCE FOCUS
5. WARRANTY & DISCLAIMER
5.1 ANY INFORMATION OR CONTENT CONTAINED IN THE Talivest SOLUTION OR PROVIDED VIA THE SERVICES IS GENERATED BY END USERS. Talivest DOES NOT CONTROL OR VET DATA STORED OR USER GENERATED CONTENT FOR ACCURACY. 5.2 WE PROVIDE THE Talivest SOLUTION AND THE SERVICES AND ALL INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS SAVE AS SET OUT IN THIS AGREEMENT. 5.3 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED WITH THE Talivest SOLUTION, THE SERVICES, OR DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU MAY CLOSE YOUR Talivest ACCOUNT AND TERMINATE THIS EULA IN ACCORDANCE WITH SECTION 13 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. 5.4 Talivest IS NOT RESPONSIBLE AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES OR COMMUNICATION (SUCH AS EMAILS, FORUM POSTINGS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) UPLOADED TO THE Talivest SERVICES. THE TRANSMISSION OF ANY SUCH MESSAGES OR COMMUNICATION SHALL BE ENTIRELY THE RESPONSIBILITY OF THE MOBILE NETWORK OPERATOR OR BROADBAND INTERNET PROVIDER. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR PERSONAL USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE, THE APPLICATION OR ANY USER MANUALS, MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. 5.5 Talivest DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS; THEREFORE, Talivest DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. 5.6 Talivest DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN OPERATION. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. Talivest DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONALITY. FURTHERMORE, Talivest DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE Talivest SOLUTION DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6. USER UNDERTAKINGS 6.1 Undertaking: Except as expressly set out in this Licence or as permitted by any local law, you undertake not to: 6.1.1. use the Services for any unlawful or illegal purpose; 6.1.2 act dishonestly or fraudulently by engaging in objectionable conduct, or by posting inappropriate, inaccurate, or objectionable content to or through the Talivest Solution; 6.1.3. publish inaccurate information in the designated fields on registration for the service (e.g. do not include a link or an email address in your name field) 6.1.4. make any temporary or permanent reproduction by any means and in any form, in whole or in part, of the Talivest Solution, the software and or content contained in either or both; 6.1.5. make any translation, adaptation, arrangement or any other alteration of the permanent aspects of the Talivest Solution or any of the software contained in either or both; 6.1.6. make any form of distribution to the public of the content of the Talivest Solution, the software, in whole or in part, or of copies thereof; 6.1.7. make any form of distribution to the public of the User Generated Content or any other content posted on the Talivest Solution save as in accordance with the terms of this EULA; 6.1.8 remove or alter any copyright, meta-tags or other proprietary notice from the Talivest Solution, the Software, the Content and in particular photographs; 6.1.9. disseminate, sell, give away, hire, lease, offer or expose for sale or distribute the content of the Talivest Solution, the User Generated Content or another associated data, information, product or content wholly or partially derived from any of the foregoing; 6.1.10. create an End-User Account for anyone other than a natural person; 6.1.11. harass, abuse or harm another person, including sending unwelcomed communications to others using the Services; 6.1.12. use or attempt to use another End Users account without authorization from Talivest or that End User or create a false identity on the Website and/or the Application; 6.1.13. Upload, post, email, transmit or otherwise make available or initiate any content that: a) falsely states, impersonates or otherwise misrepresents your identity to Talivest, including but not limited to the use of a pseudonym; b) is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable; c) adds to a content field such content that is not intended for such field (i.e. submitting a telephone number in the “Name” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Talivest); d) includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships. e) infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; and/or f) includes any unsolicited or unauthorised communication, advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (i) using Talivest to send messages to people who have not expressly consented to the receipt of such contact through the privacy controls on the system; (ii) sending messages to distribution lists, newsgroup aliases, or group aliases. 6.1.14. imply or state, directly or indirectly, that you are affiliated with or endorsed by Talivest unless you have entered into a written agreement with Talivest; 6.1.15. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in the Talivest Solution or to provide the Services, or any part thereof; 6.1.16. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Talivest Solution; 6.1.17. infringe or use the Talivest brand, logos and/or trademarks, including, without limitation, using the word “Talivest” in any business name, email, or URL or including Talivest’s trademarks and logos except as expressly permitted by Talivest; 6.1.18 use bots or other automated methods to access the Talivest Solution, add or download contacts, send or redirect messages, or perform other activities through the Talivest Solution, unless explicitly permitted by Talivest; 6.1.19. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Talivest Solution; 6.1.20. Attempt to or actually access the Talivest Solution by any means other than through the interfaces provided by Talivest. This prohibition includes accessing or attempting to access Talivest using any third-party service, including software-as- a-service solutions that aggregate access to multiple services, including Talivest and proxy services; 6.1.21. Deep-link to the Talivest Solution for any purpose, (i.e. including a link to Talivest other than the home page) unless expressly authorized in writing by Talivest or for the purpose of authorised promotion; 6.1.22. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Talivest’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or Talivest personnel, attempting to gain unauthorised access to Talivest, or transmitting or activating computer viruses through or on the Talivest Solution. 6.2. Compliance Indemnity: You hereby agree to indemnify and hold Talivest and its licensors harmless from and against any liabilities, damages, judgments, costs and expenses (including reasonable legal fees and indirect and consequential loss) (“Losses”) arising out of your registration for the Website, any downloading, installation and use of the Application software, or use of the Services in a manner inconsistent with this Licence. 6.3 Warranty: You represent and warrant that: 6.3.1 you own the User Generated Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in this EULA. 6.3.2 the posting and use of User Generated Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights and that you have received express written permission of all individuals engaged in the process of generating the User Generated Content; 6.3.3 you agree to pay for all royalties, fees, and any other monies owed by reason of content you post on or through the Service; and 6.3.4. you have the legal right and capacity to enter into this EULA in your jurisdiction.
7. TALIVEST’S UNDERTAKINGS
8 THIRD PARTY SITES
8.1 Links: Talivest does not endorse any third party websites/applications/platforms that can be accessed via the Talivest Solution, nor does the fact that we provide a link to such third party websites/applications/platforms mean that we are affiliated with those websites, their owners or sponsors. We only provide these links for the convenience of users of the Solution, and the inclusion of any link, interface or protocol does not imply endorsement by Talivest of the website/application /platformor any association with its operators. 8.2 Your use of third party websites/applications that can be accessed via the Website is subject to the terms and conditions of use of those websites/applications (if any).We are not responsible or liable for the accuracy of any information, data, opinions, or statements made on or through third party websites/applications or the security of any link or communication with those websites/applications. Your access and use of any such third party websites/applications through the Solution is at your own risk. We are entitled to terminate a link to a third party website/application at any time. Talivest is not responsible for webcasting or any other form of transmission received from any linked site. 8.3 Responsibility: Talivest also does not screen, audit, or endorse third party applications (“Third Party Applications”). Accordingly, if you decide to access Third Party Sites or use Third Party Applications, you do so at your own risk and agree that your use of any application is on an “as-is” basis without any warranty as to the application, and that this EULA does not apply to your use of any Third Party Site or applications.
9 LOCATION BASED SERVICES
9. LIMITATION OF LIABILITY.
9.1 Precedence: This Section prevails over all other provisions of this EULA and sets out the entire liability of Talivest in respect of: 9.1.1 the performance, non-performance, purported performance or delay in performance by Talivest of its obligations under this EULA; and 9.1.2 otherwise in relation to this Agreement or the entering into or performance of this EULA. 9.2 Losses not excluded: Nothing in this EULA shall exclude or limit the liability of Talivest specifically; 9.2.1 under the tort of deceit; 9.2.2 for death or personal injury caused by any breach of duty; 9.2.3 any breach of an obligation implied by Section 12 of the Sale of Goods Act 1893 (if any); or 9.2.4 any other liability to the extent that under applicable law it cannot be excluded or limited. 9.3 No Implied Terms: The terms of this EULA are in lieu of all other conditions, warranties and other terms concerning the supply or purported supply of, or failure to supply or delay in supplying, any services (except for those arising under Section 12 of the Sale of Goods Act 1893, if any) which might but for this Clause have effect between Talivest and you or would otherwise be implied or incorporated into this EULA or any collateral contract, whether by statue, common law, or otherwise (including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or as to the use of reasonable skill and care), all of which are hereby excluded. 9.4 Non-Contractual Liability: Subject to 11.2, Talivest does not accept, and excludes all liability for breach of any obligation or duty to take reasonable care or exercise reasonable skill other than any such obligation or duty arising under this EULA. 9.5 Indirect Loss: Subject to 11.2, Talivest shall not be liable in contract, tort or otherwise howsoever for any of the following losses or damage, (whether or not such damage was foreseen, foreseeable, known or otherwise): 9.5.1 revenue, actual or anticipated profits, contracts, use of money, anticipated savings, business, opportunity, goodwill, reputation, damage or corruption of data; or 9.5.2 any indirect or consequential loss howsoever caused (including, for the avoidance of doubt, whether such loss or damage is of a type specified in 11.5.1). 9.6 Breach of Warranty: For the avoidance of doubt, Talivest shall have no liability to remedy a breach of warranty where such breach arises as a result of any of the following circumstances: 9.6.1. any use of the Services by you other than in accordance with the terms of this Agreement or use of the Services for a purpose for which they were not designed; 9.6.2. any temporary or permanent reproduction by any means and in any form, in whole or in part, of the Talivest Solution; 9.6.3. any reverse assembly, reverse compilation, reverse engineering or adaptation of the whole or part of the Talivest Solution; 9.6.4. any alteration, modification, adjustment, translation, adaptation or enhancement made by you to the Website or the Application or any combination, connection, operation or use of the Talivest Solution with any other equipment, software or documentation; 9.6.5 any dissemination, sale, hire, lease offer or exposure for sale or distribution of the Talivest Solution; 9.6.6 any item of third party hardware or software, even if forming part of the software or if the Licensor has recommended such third party hardware or software; 9.6.7 any breach by you of your obligations under this Agreement or of the Licensor’s intellectual property rights; or 9.6.8 any act, omission, negligence, fraud or default of or by you.
10. INTEGRITY OF DATA
10.1 Not Bespoke: You acknowledge that the Talivest Solution, the Services and the software have not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Talivest Solution and the Services as described on the Website, meet your requirements. 10.2 Minor Errors: You acknowledge that the Talivest Solution and the Services may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this Licence. 10.3 Insurance: You agree that you are the best judge of the value and importance of the data held on your End-User Account and that you will be solely responsible for taking out any insurance policy or other financial cover for loss or damage which may arise from loss of data for any reason. 10.4 Implied Warranty: Except as expressly provided herein and to the extent permitted under applicable law, all conditions and warranties (express or implied, statutory or otherwise) are excluded by the Licensor including without limitation any warranties implied by the Sale of Goods Act, 1893 as amended by the Sale of Goods and Supply of Services Act 1980. Without prejudice to the generality of the foregoing, the Licensor does not warrant that the Talivest Solution will achieve any intended result or that the operation by you of the Talivest Solution will be uninterrupted or error free.
12 DATA PROTECTION
13. INTELLECTUAL PROPERTY RIGHTS
13.1 Vesting: You acknowledge that all intellectual property rights, title and interest in the Website, the Application and the Services contained therein, throughout the world belong to Talivest, that rights in the these are licensed (not sold) to you, and that you have no rights in, or to, the Website, the Application and the Services other than the right to use them in accordance with the terms of this EULA. 13.2 Contributions: It is Talivest’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Talivest does not accept unsolicited materials or ideas and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you provide us with ideas, suggestions, documents, improvements, comments, proposals or feedback in relation to the operation of the Website, the Application and or the Services (“Feedback”) in whatever manner or form facilitated by the Talivest Solution; any such communication with Talivest whether verbally, via postings on blogs, forums, questionnaires, email and the like (“Communication”), you acknowledge and agree that such Feedback and or Communication (together “Contributions”): 13.2.1. do not contain confidential or proprietary information; 13.2.2. does not create any express or implied obligation of confidentiality in respect of Talivest; 13.2.3. Talivest is free to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; 13.2.4. does not preclude Talivest from having something similar to the Contributions already under consideration or in development; 13.2.5. that you irrevocably waive and assign all right, title and interest in and to the Contributions to Talivest; 13.2.6. does not entitle you to any compensation, royalty or reimbursement of any kind from Talivest under any circumstances; and 13.2.7 you further agree to provide Talivest with such assistance as may be required in documenting, perfecting and maintaining Talivest’s rights in and to any such Contributions.
14.1 Service messages: For the purposes of service messages and notices about the Services to you, Talivest may place a banner notice across the Talivest Solution to alert you to certain changes such as modifications to this EULA. Alternatively, notice may consist of an email from Talivest to an email address associated with your account, even if we have other contact information, or via a digital distribution Solution for mobile applications, applicable to your particular device. 14.2: General Communication: You also agree that Talivest may communicate with you through your account or through other means including email, mobile and telephone about your account or services associated with Talivest. Please review your settings to control what kind of messages you receive from us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so, to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. 14.3 Contacting Talivest: In addition Talivest may be contacted via our mail courier at: Western Gateway, Western Road, Cork, Ireland and [email protected] 14.4 End User to End User Communication: You agree to permit other End Users to communicate with you. You may alter your privacy settings to reduce or increase the number and type of End User that is permitted to contact you directly. This option can effected by way of your account settings at any time during your use of the Talivest Services. 14.5 Alumni Communication: You agree to permit the Educational Institution and or Alumni Network with whom you have connected to contact you and to view your profile. You may change these setting at any time during your use of the Talivest Services. However, you should note that if you do not permit the relevant Educational Institution and or Alumni Network to communicate with you, you will not be able to avail of the full Talivest Service offering.
15 AMENDMENTS TO THE LICENCE
15.1 Amendments: Talivest reserves the right, at our sole discretion, to amend, add or delete any of the terms and conditions of this Licence. Talivest will post notifications of any such changes to this Licence on the Website or in the Application, will provide a link to the revised version of this Licence, and may provide such other notice as the Licensor may elect in its sole discretion. If any future changes to this Licence are unacceptable to you or cause you to no longer be in compliance with this Licence, you may terminate this Licence in accordance with the terms herein. 15.2 Evidence of Acceptance: Your installation, download and/or use of any updated or modified software (if any) and/or your continued use of the Website, the Application or the Services following notice of changes to this Licence as described above means you accept any and all such changes. Talivest may change, modify, suspend, or discontinue any aspect of the Website, the Application and/or the Services at any time. 15.3 Limits: Talivest may also impose limits on certain features without notice or liability. You disclaim any right, title or interest, monetary or otherwise, in any feature or content contained in the Talivest Solution and/or the Services.
16.1 Strict Performance: If Talivest fails, at any time during the term of this Licence, to insist on strict performance of any of your obligations under this Licence, or if Talivest fails to exercise any of the rights or remedies to which he is entitled under this Licence, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18 SEVERABILITY: Severance of Terms: If any of the terms of this Licence 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.
19 ENTIRE AGREEMENT: This EULA and any document expressly referred to in it represents the entire agreement between you and Talivest, in relation to the license hereunder and supersedes any prior agreement, representation, understanding or arrangement between us, whether oral or in writing. Both Parties hereunder acknowledge that, in entering into this EULA, neither Party has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us before entering into this Licence except as expressly stated in this Licence.
20. LAW AND JURISDICTION 20.1 Jurisdiction: This EULA is governed by Irish law. Any dispute arising from, or related to, any term of this EULA shall be subject to the exclusive jurisdiction of the Irish courts. 20.2 LANGUAGE: Any dispute arising from, or related to, any term of this EULA arising between the Parties, shall be resolved or determined based on the English language version alone. These terms were originally written in English. In the event that these terms are translated into any other language, the translation shall be for review purposes only and have no legal effect. 21. RELATIONSHIP: Nothing in this Agreement shall create, evidence or imply any agency, partnership or joint venture between you and Talivest. Neither you nor Talivest shall act or describe itself as the agent of the other; nor shall either party represent that it has any authority to make commitments on behalf of the other. END USER LICENCE AGREEMENT VERSION DRAFT 1.2 LAST UPDATED 19.02.2014