Terms of Use

Last Updated:
August 15, 2019
Myda Obligations

The parties agree that:

  • The Supplier shall use reasonable skill and care in providing the Applications to the Customer.
  • The Supplier will, at its reasonable expense, use reasonable commercial endeavours to correct any defect in the Applications promptly, or provide the Customer with an alternative means of accomplishing the desired performance, in case of any non-conformity. The Customer acknowledges that such correction or substitution constitutes the Customer's sole and exclusive remedy for any failure by the Supplier to exercise reasonable skill and care.

Notwithstanding the foregoing, the Supplier does not warrant that the Customer's use of the Applications will be uninterrupted or error-free; or that the Applications and/or the information obtained by the Customer through the Applications will meet the Customer's requirements. The Supplier shall not be responsible for: (a) any non-conformance, defect or error which is caused by any use of the Applications contrary to the Supplier's instructions (including non-compliance with the relevant Instructions or Manual); (b) any modification or alteration of the Applications (other than as expressly permitted by this agreement); or (c) any server outages or loss of network connection, delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that its use of the Applications may be subject to limitations, delays and other problems inherent in the use of such facilities.

The Supplier shall use commercially reasonable endeavours to make the Applications available at all times except for during times of:

  • planned maintenance carried out during any maintenance windows; and
  • unscheduled maintenance performed outside Normal Business Hours.
  • In respect of the foregoing, the Supplier shall use commercially reasonable endeavours to give the Customer as much notice as reasonably practicable of any planned or unscheduled maintenance.

The Supplier will, as part of its provision of the Applications and at no additional cost to the Customer, provide the Customer with the Supplier's standard customer support services during Normal Business Hours.

This agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreements.