Last updated: November 4, 2024
These Terms and Conditions (“Terms” or “Terms and Conditions”) establish the agreement between you (“You”, “you”) and RADIACODE LTD, duly incorporated in and registered under the laws of the Republic of Cyprus, with a registered office at 10 Spyrou Kyprianou, Germasogeia, 4040 Limassol, Cyprus (“RadiaCode”, “we”, or “us”).
These Terms constitute a contractual agreement between you and RadiaCode. By accessing or using the Website, you agree to be bound by this Agreement. If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Website.
By using our Website, you also acknowledge that you have read our Privacy Policy available at https://www.radiacode.com/privacy (“Privacy Policy”).
This Website is not directed to persons under eighteen (18) years of age.
“Account” means an account created by You.
“Agreement” or “Terms” means these Terms and Conditions, as amended from time to time, as set out in Section 10 of Terms;
“Confidential Information” means commercial valuable information which shall be kept confidential by You, and which shall not be disclosed or made available to the public in accordance with the Terms. Confidential Information includes all information disclosed by the RadiaCode to you, whether disclosed orally or in writing and, without limiting the generality of the foregoing, may include without limitation information relating to the party’s technologies, researches, products, software, services, development, creative projects, inventions, industrial patterns, drawings, design documentation, marketing or finances of any of the parties;
“Content” means any material owned by RadiaCode, including the Website and related items, created or copyrighted by RadiaCode;
“Device” or “devices” mean any technical devices, as indicated in the following link: https://www.radiacode.com/products.
“Feedback” means your suggestions, comments, or other feedback relating to Website or Devices.
“User” means any person accessing or using the Website;
“Website” refers to RadiaCode, as indicated in the following link: https://www.radiacode.com/.
User’s License. RadiaCode hereby grants you, and you hereby accept, subject to the Terms, a non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable, worldwide license to use the Website for the purpose to use the functionality of the Website.
Use of the Website. The Website is for non-commercial, personal use only and you may not use it for commercial purposes under any circumstances. You agree not to take any action to sell, rent or distribute the Content. You further agree not to attempt to alter, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute or transmit any information, software, product and, in general, any element of the Content, except as expressly permitted by RadiaCode in accordance with the terms of the Agreement. Copying, automatic use of Content or bulk use of Content, or copying Content to any other computer or mobile device is strictly prohibited.
In your use of the Website, you agree to comply at all times with (i) applicable local and international laws and regulations and (ii) these Terms.
You warrant that you will not (i) use the Website (including through the creation and use of your user content) for illegal and immoral purposes or for purposes contrary to the use of the Website; (ii) introduce or distribute any virus programs, Trojans, worms, bombs, corrupted files and/or other similar malicious means or corrupted data through the Website, and/or organize, participate in any capacity in attacks on RadiaCode servers and/or Website and/or RadiaCode providers and partners; (iii) create, use, distribute and/or publish in any way (forum, public profile, etc.) within the framework of the Website any materials (text, words, images, sounds, videos, etc.), if in this way any obligations on non-disclosure of confidential information may be violated or actions of an illegal nature provoked (in particular, piracy, hacking or distribution of counterfeit copies of software).
Feedback. You grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit any Feedback provided to us without restriction or compensation to you.
All Content, and all intellectual property rights relating to the design, selection of elements, their presentation and their organization, belong to RadiaCode or its licensors and representatives.
All trademarks and service marks, domain names, acronyms, logos, graphics and other elements visible on the Website are the exclusive property of RadiaCode or its partners who have granted it the right to use them within the Website. You cannot use RadiaCode trademarks and service marks, domain names, acronyms, logos, graphics and other elements visible on the Website without our prior written permission.
All the Content and Website are protected by international copyright, patent, database, design and model and trademark laws, international treaties and other laws protecting intellectual property and exclusive rights relating thereto. Any reproduction or unauthorized use of all or part of these elements or all or part of the Website in any manner or for any purpose is prohibited without the prior consent of RadiaCode and, if applicable, its licensors and representatives.
You agree that your use of such elements and information contained in the Content is strictly limited to the scope of use as defined by RadiaCode. You further understand and acknowledge that nothing in these Terms shall constitute a transfer of any trademark or trade name or any other proprietary right in or to the Website, Content or any part thereof to you or to any third party. You agree not to take any action that violates the terms of this Section or is in any way harmful.
Creating your Account. To access and use certain features and benefits of the Website, you may create your own Account through your browser. The creation of an Account is not a prerequisite for ordering any Devices, but it allows you to track your future and past orders on My Account page.
To create an Account, you must provide current, accurate and complete information about yourself. You must ensure that you are authorized to use the Website.
Except as expressly permitted on Website, you agree that you may not create multiple Accounts linked to a single email and you agree to immediately terminate your additional Accounts upon our request.
Reliability of data and its use. You agree to provide true, accurate and up-to-date information about yourself and to update it regularly (including cases of transfer of information from the previously used Account), in accordance with the requests of RadiaCode during the registration procedure.
You agree not to impersonate another person or entity or misrepresent your affiliation with another person or entity, including by using an email or other information relating to another person's Account, or by using the name, likeness, voice, photograph or other representation of another person, or by providing false information about a parent or other legal representative when such information is required during the registration process.
You understand and agree that RadiaCode may verify the accuracy of the information you provide, such as home and/or cell phone numbers and/or email address of your legal representative, if applicable. RadiaCode will verify the authenticity of the data provided through a link sent to the email account linked to your Account.
You should inform RadiaCode at support@radiacode.com about any unauthorized use of your username, access password or other information related to your Account, as well as about all other cases of information security breaches known to you in relation to or with the use of the Website.
Shipping. RadiaCode is shipping the Devices as indicated by the link: https://www.radiacode.com/shipping-payment-info.
Any additional delivery charges relating to taxes, duties, customs charges and otherwise are borne by you.
For the avoidance of doubt, in cases where, for technical reasons or other Website malfunctions, the price of the Devices is incorrectly displayed, RadiaCode reserves the exclusive right to cancel orders placed at the incorrect price on its own initiative.
We also make provision for special offers and discounts for Users on Website. In case we believe that you do not meet the conditions necessary to qualify for a discount, we have the right to change the terms of the order, including cancelling it.
You undertake the obligations to keep the confidentiality of source files and the Confidential Information received from us.
You shall take any not inconsistent with law efforts to protect the Confidential Information from the unauthorized access for unauthorized persons, its transfer to any third parties, illegal copying, reproduction, publication, dissemination, or any other use or disclosure thereof, except where such information shall be disclosed under the legal requirements or mutual agreement of the you and RadiaCode.
Limitation of liability. Your rights and obligations under clauses 5.1, 5.2 of the Terms shall not be applied to Confidential Information to the extent that: (i) it becomes publicly known for reasons not connected with breach of clauses 5.1, 5.2 of the Terms; (ii) its disclosure has been approved by RadiaCode possessing the Confidential Information; or (iii) it is disclosed on a confidential basis for the purposes of obtaining professional advice. You may disclose Confidential Information if it is required to be disclosed by law, by a competent court or a government body. You provide RadiaCode with a reasonable opportunity to review the disclosure and to interpose its own objection to the disclosure of the relevant Confidential Information.
You agree to keep our Confidential Information separate from your own documents in a safe and secure place. You shall use all commercially reasonable efforts to protect the Confidential Information from any harm, tampering, unauthorized access, sabotage, exploitation, manipulation, modification, interference, misuse, misappropriation, copying or disclosure.
You are also responsible for violation of confidentiality by natural persons and legal entities, legal relations with whom have been terminated to which or to whom you disclosed our Confidential Information.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ANY LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU OR ANY THIRD-PARTY INCLUDING ANY LIABILITY FOR: (I) LOSS OF INCOME OR REVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS OR CONTRACTS; (IV) LOSS OF ANTICIPATED SAVINGS; (V) LOSS OF DATA; (VI) LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT WEBSITE; (VII) LOSS OF GOODWILL; (VIII) WASTED MANAGEMENT OR OFFICE TIME; AND (IX) FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
WE ARE NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING OUR OBLIGATIONS UNDER THESE TERMS WHERE THE FAILURE OR DELAY RESULTS FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OF GOD, LABOR DISPUTES OR OTHER INDUSTRIAL DISTURBANCES, SYSTEMIC ELECTRICAL, TELECOMMUNICATIONS, OR OTHER UTILITY FAILURES, EARTHQUAKE, STORMS OR OTHER ELEMENTS OF NATURE, BLOCKAGES, EMBARGOES, RIOTS, ACTS OR ORDERS OF GOVERNMENT, ACTS OF TERRORISM, OR WAR.
RADIACODE’S CONTENT IS NOT DIRECTED TO PERSONS UNDER EIGHTEEN (18) YEARS OF AGE, AND BY PROVIDING INFORMATION ABOUT YOURSELF TO RADIACODE YOU ARE REPRESENTING THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO BECOME A USER. BY AGREEING TO THIS AGREEMENT DURING THE SIGN UP PROCESS, YOU REPRESENT AND CERTIFY THAT YOU ARE LEGALLY ABLE TO ENTER INTO ANY AND ALL PURCHASE AGREEMENTS WITH RADIACODE AND ITS PARTNERS, VENDORS, AGENTS AND SERVICE PROVIDERS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RADIACOD'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE EVENT OR THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND (1,000) EUR. THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE THE BASIC ELEMENTS OF THE PRINCIPLES UPON WHICH THE AGREEMENT BETWEEN YOU AND RADIACOD IS BASED.
FOR THE AVOIDANCE OF DOUBT, IN THE EVENT THAT THE WEBSITE IS INFECTED BY MALICIOUS CODE, SOFTWARE OR OTHER MEANS BEYOND OUR CONTROL, RADIACODE DISCLAIMS ALL LIABILITY IN THIS REGARD. RADIACODE WILL USE ITS BEST ENDEAVOURS TO REMEDY THIS PROBLEM IN ACCORDANCE WITH ITS INTERNAL REGULATIONS, BUT DOES NOT GUARANTEE DATA PURITY.
IF SUCH CODE IS DETECTED, RADIACODE STRONGLY RECOMMENDS THAT YOU IMMEDIATELY CLOSE THE WEBSITE AND CHECK FOR VIRUS RESIDUE ON YOUR DEVICE WITH AN ANTIVIRUS.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS RADIACODE, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF RADIACODE, (II) YOUR CONTENT, (III) YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, (IV) YOUR VIOLATION OF ANY LAW, REGULATION, OR THIRD-PARTY RIGHT, AND (V) ANY DISPUTE BETWEEN YOU AND ANY THIRD PARTY.
WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
THIS INDEMNIFICATION PROVISION WILL SURVIVE THE TERMINATION OF THESE TERMS AND YOUR USE OF RADIACODE.
You acknowledge and agree that RadiaCode is provided on an "as is" and "as available" basis. We do not make any representations or warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance, except as expressly provided in the Terms.
We do not endorse, warrant, or guarantee any products, services, or Content that may be advertised or promoted on RadiaCode by third parties. We do not make any representations or warranties regarding the quality, reliability, timeliness, or accuracy of any such products, services, or Content.
You represent and warrant you have not previously been suspended or removed from the Website;
You represent and warrant that your registration and your use of the Website is in compliance with all applicable laws and regulations where you are located, or which are specified in the Terms.
Applicable Law. These Terms and your use of RadiaCode shall be governed by and construed in accordance with the laws of Republic of Cyprus.
Dispute Resolution. All disputes or claims arising out of or in connection with this contract, including disputes relating to its validity, breach, termination or nullity, shall be finally settled by courts of the Republic of Cyprus.
Injunctive Relief. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights and Confidential Information in any court of competent jurisdiction.
Modification of Terms. RadiaCode reserves the right to replace, modify, amend, supplement or remove the provisions of these Terms and other legal notices contained on the RadiaCode Website at any time, temporarily or permanently, in its sole discretion.
Please note that RadiaCode should not, but may notify you of each change to the Website. When notified of amendments, RadiaCode makes a mailing notifying you to your email address provided during registration. Despite this, you should monitor these changes independently.
If you do not agree to such changes to these Terms, you may terminate your Account and stop using the Website.
You are therefore required to regularly monitor changes to the Terms and to fully comply with them. Any use of the Website by you after the Terms have been modified and/or amended shall constitute your acceptance of the amended Terms.
Change of access to the Website. RadiaCode is entitled to change the Website at any time for any reason or for no special reason, as well as due to technical changes.
In particular, RadiaCode may deem it necessary to make improvements, technical measures and/or adjustments and restarts in order to optimize the Website. For the purposes of such cases, RadiaCode excludes any guarantee of continued access to the Website.
RadiaCode reserves the right to immediately restrict any User's access to all or part of the Website.
Termination of your Account at your initiative. You may terminate your Account to at any time, by sending a special request to support@radiacode.com. If you do not accept these Terms, you may not use the Website and must delete your Account in the manner set forth above.
Termination of your Account at our initiative. We may terminate your Account at any time, with or without cause, at our sole discretion. Upon termination, you must cease all use of Website and Accounts and delete any copies of Website in your possession or control.
If you have more than one Account linked to a single email account, RadiaCode has the right to delete all Accounts opened by you.
Effect of Termination. In case of termination of your Account, you must immediately stop using the Website and destroy all related documents on any media.
If your Account is terminated, you will no longer be able to use the Website with the email account, to which the Account was linked, without express permission from RadiaCode. To obtain permission to use the Website again, go here support@radiacode.com. In the event that the e-mail linked to the Account becomes inactive for any reason, the User may request that the linked e-mail be changed to the e-mail specified by the User and RadiaCode is entitled o link the specified e-mail to the Account at its own discretion.
If you delete your Account, you will no longer have access to the Account or any right associated with your Account.
Upon termination of your Account, all licenses granted to you by us will immediately terminate. You will no longer have access to RadiaCode as a User, and any content or other data associated with your Account may be deleted.
These Terms represent the complete agreement between you and RadiaCode concerning the Website, and supersede any prior or contemporaneous agreements between you and RadiaCode. These Terms shall coexist with, and shall not supersede any other RadiaCode policies referenced in these Terms. You and RadiaCode agree that we each have not relied upon any terms, conditions, representations, warranties or similar that are not expressly set out in these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and RadiaCode as a result of these Terms or your use of the Website.
RadiaCode’ failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision after that. Any waiver by RadiaCode of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as otherwise expressly provided in these Terms or as may be permitted in the jurisdiction in which you reside, all notices given by you or required under these Terms shall be in writing and addressed to the RadiaCode entity that provides you with the RadiaCode at issue.
The headings and parentheticals in these Terms are provided for informational and entertainment purposes only. They have no legal effect whatsoever.
The following provisions will survive any termination or expiration of these Terms: Content Use, Intellectual Property, Indemnification, Representations and Warranties, Limitation of Liability, and Applicable Law and Dispute Resolution.
Neither you nor us may assign its rights under these Terms, in whole or in part, to any person or entity at any time without the prior written consent of the other party. Any unauthorized assignment by either you or us shall be null and void.
Please note that the Website provides several currencies for the correct indication of the price of Devices.
The English version of the Website is the original one. In the event of any conflict between the English and other language versions of the Website, the English version shall prevail.