WEBSITE TERMS OF USE
These Terms and Conditions of Use (the “Terms of Use”) apply to the Hex-Portal web site located at https://www.hex-portal.comand all satellite sites, specifically the Hex-Portal tool shop https://www.hex-portal.com/shop/
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE AND LEAVE IMMEDIATELY.
For the purposes of these Terms of use, a user is the person who uses the services offered on the Site, either if only for consultation of the information included therein or to use the restricted areas.
Hex-Portal reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes.
Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Hex-Portal grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content and copyright
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code, software or other materials (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Hex-Portal , and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
This Site contains and references trademarks, patents, technologies, products, processes or other proprietary rights of Hex-Portal and / or other parties. No license or right to or in any such trademarks, patents, technologies, products, processes and other proprietary rights of Hex-Portal and / or other parties is granted to or conferred upon the user. Reproduction or storage of materials obtained from this Site is subject to international copyright laws. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted.
The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited without Hex-Portal express prior written permission.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Hex-Portal express prior written consent.
You may use information on Hex-Portal products and services (such as the file portal link, knowledge based information, and similar materials) purposely made available by HexPortal for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media without Hex-Portal express prior written permission, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
Hex-Portal reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Hex-Portal server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Hex-Portal, including any Hex-Portal account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Hex-Portal’s systems or networks, or any systems or networks connected to the Site or to Hex-Portal.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Hex-Portal or others.
You agree not to access restricted areas of the Site if you are not the true and lawful holder of the access credentials.
Software
Any software that is made available to download from this Site (“Software”) is the copyrighted work of Hex-Portal and / or its various third party licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. Please note that copyright laws and international treaty provisions protect all Software.
Any reproduction of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted.
Any warranty applicable to the Software will be specified in the terms of the License Agreement. You acknowledge that the Software and all documentation and technical information that accompany it are subject to current laws and regulations.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Hex-Portal’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Hex-Portal may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and HexPortal makes no commitment to update the materials on the Site with respect to such products and services.Personal Information, Credit Card Information
YOU AGREE THAT HEX-PORTAL IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF THIS SITE.
HEX-PORTAL MAKES NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE. YOU AGREE THAT Hex-Portal IS NOT RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESS, PHONE NUMBER, ETC.), AND HEX-PORTAL IS NOT RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
Terms incorporated by reference
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Trademarks
Piracy
Privacy Policy
Legal Contact
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
You agree to the terms, conditions, and notices specified at the abovementioned links.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an Hex-Portal ID and password). You acknowledge that HexPortal will not know the password that you use to access the Site.
You agree to maintain and carefully guard the access credentials Hex-Portal may assign you for the use of the Site and its services.
You also agree not to share, distribute, or otherwise lease to third parties, even temporarily, these credentials.
You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.
You agree to notify Hex-Portal immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by HexPortal or any other user of or visitor to the Site due to someone else using your Hex-Portal ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Hex-Portal ID, password or account at any time. Hex-Portal cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
When registering an account, or in the case of rectification or modification of your personal data, you agree to provide accurate and truthful information which is strictly necessary to the use of our services.
Netiquette
You are entirely responsible for any text, video, audio, images, photographs or any other material or content you post on the Site. You are obliged to use the services offered on the Site responsibly. It is particularly forbidden to publish content that infringes the law or third parties rights, or which includes activities or statements that violate the respect for human dignity or that is discriminatory, xenophobic, racist, pornographic, insulting, obscene or defamatory or that may cause offense to others on grounds of nationality, ethnicity, gender, sex, religion, faith or disability or threaten youth or childhood, order or public safety.
Hex-Portal does not monitor all of the content posted by the user within the restricted areas of the Site, nor is obliged to do so.
However, Hex-Portal reserves the right to monitor these contents and edit, delete or remove them without prior notice if, in its sole discretion, HexPortal deems such contents inappropriate or in violation of the abovementioned rights.
Privacy
Hex-Portal’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference.
Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the Hex-Portal Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Hex-Portal’s control, and Hex-Portal is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
HEX-PORTAL DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. HEX-PORTAL CANNOT ENSURE THAT ANY DOCUMENTS, SOFTWARE OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. HEX-PORTAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEX-PORTAL DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND / OR ANY HEX-PORTAL SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HEX-PORTAL FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Availability
On some occasions, the Site may be unavailable due to faults or maintenance or for any other reason beyond our control. Hex-Portal disclaims all warranties as to quality, functioning, availability or performance of the Site, nor for any content on it.
Hex-Portal reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason, without prior notice; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Hex-Portal be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if HexPortal has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Hex-Portal is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Hex-Portal’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Hex-Portal (but not including the purchase price for any Hex-Portal hardware or software products), or (2) 100,00 Euros. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Hex-Portal, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Hex-Portal due to or arising from your use of the Site.
Violation of These Terms of Use
Hex-Portal may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Hex-Portal’s rights or property, or the rights or property of visitors to or users of the Site, including Hex-Portal’s customers. Hex-Portal reserves the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request.
Hex-Portal also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Hex-Portal may preserve any transmittal or communication by you with Hex-Portal through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Hex-Portal determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of HexPortal, its employees, and users of or visitors to the Site.
You agree that Hex-Portal may, in its sole discretion and without prior notice, terminate your access to the Site and / or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Hex-Portal, for which monetary damages would be inadequate, and you consent to Hex-Portal obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Hex-Portal may have at law or in equity.
You agree that Hex-Portal may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement, other government agencies or public administrative authorities, (2) a request by you (account deletion you request to Hex-Portal), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Hex-Portal does undertake any legal action against you as a result of your violation of these Terms of Use, Hex-Portal will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Hex-Portal. You agree that Hex-Portal will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by Italian law without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in Donegal, Ireland, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
In the event of any controversy or dispute between Hex-Portal and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. If the user falls within the definition of consumer based in the European Union, as set in the Legislative Decree no. 206/2005, you may make a claim in the courts of the country where you reside.
Void Where Prohibited
Hex-Portal Tuning Services Policies with Terms and Conditions.
1. Refunds
The Client pays for the work done by our engineers, not for the result of that work. We will put everything in place to provide a good product and provide full support. All labour we perform must be paid and for that reason, we will not refund for work carried out by us but we will offer another solution in its place to compensate to client.
2. Tuning Services Liability
All Tuning Services is programmed at your own risk, It is the installers responsibility to ensure the vehicle is in good health and worth of a Tuning Services upgrade. Without any before and after data logging, Hex-Portal Tuning Services Engineering LTD can not be held responsible for any damage caused to a vehicle. Buying and Programming Tuning Services to any vehicle without data logging before and after is not recommended.
Hex-Portal Tuning Services is a Tuning Services provider. We provide Tuning Services altered from manufactures base Tuning Services to provide exactly what the buyer requires. Our Tuning Services is based on the details we receive from the buyer. This includes, Make, Model, Engine Size. This also includes crucial details such as, Mileage and any diagnostic errors.
Any errors in this information can lead to problems with a programmed vehicle. Any problems with vehicles running our Tuning Services that had errors or lack of information at the time of buying our Tuning Services can not be held against us. We can not accept liability for lack of crucial information.
3. Hardware Liability
Hex-Portal Services operates the following terms and conditions with reference to all modifications. You are accepting theses Terms and Conditions by purchasing Tuning Services from Hex-Portal Tuning Services Engineering LTD.
Hex-Portal Tuning Services hold no liability for mechanical cover as the nature of performance tuning entails that additional stresses are exerted in order to achieve the power gains.
4. ECU File Service Payment Terms
The File Service that is on Hex-Portal Tuning Services runs on either a Pay-As-You-Go system or a bulk buy credit system.
External File Services provided on third part portals or over email are invoiced at the end of each month. In the event that an Invoice is not paid inside the 14 or 21 day window. This will result in us freezing your Hex-Portal account and no more Tuning Services will be provided until the invoice is paid in full. Pending transactions do not count as an Invoice being paid in full. Accounts will be unfrozen when the outstanding bill has cleared in our payment account.
5. Refunds on Tools
We do not give refunds on any tools unless they are defective and could not be registered. All tools are registered with owners on the server of the tool provider. eg. Alientech, Flashtec ETC.
Hex-Portal administers and operates the https://www.hex-portal.com/shop/Site from its location in Co.Donegal, Ireland; other Hex-Portal sites may be administered and operated from various locations outside Ireland. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Ireland. Hex-Portal reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.
Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Ireland, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Irish export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and HexPortal with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Hex-Portal with respect to such use are hereby superseded and cancelled. Hex-Portal will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.
Hex-Portal’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Hex-Portal of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Hex-Portal and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
The information contained in this web site is subject to change without notice
Copyright © 2020 Hex-Portal –All rights reserved.
These Terms of Use were last updated on April 25, 2020