This document concerning the PRIVACY and TERMS OF SERVICE was last modified on 9 May, 2021.
GCalToolkit (FR SIRET: GERSTENBERG 534 063 912 000 16) (“I”, “us”, “we”, or “our”) operates www.gcaltoolkit.com (“GCalToolkit”, our “Site”) and related software/services (GCalToolkit, GTasksToolkit, GCalPlus Chrome Extension, GCalExtras, and the Sheets2GCal Editor Add-On). This page informs you of the policies regarding the Privacy and Terms of Service, collection, use and disclosure of Personal Information we receive from users of this Site, GCalToolkit and GTasksToolkit. For the other software please refer to www.sheets2google.com
We use your Personal Information only for providing and improving our Site. By using our Site, you agree to the collection and use of information in accordance with this policy.
When you authorize GCalToolkit the software requests the minimum possible permissions from Google in order to function:
This is required to read and edit Google Calendar events from within the app.
This is required to read the list of Google Calendars to which you have access.
This is required to attach Google Drive files with Google Calendar events so you can add multiple Drive files easily.
These permissions can be revoked at any time at https://myaccount.google.com/permissions
While using our site or services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you.
Personally identifiable information may include, but is not limited to, your email address, a username, and your name (“Personal Information”). If you are a paying customer we may request additional payment related data to be able to process the payment and comply with legal laws. GCalToolkit uses PayPal (www.paypal.com) to process credit card payments and never has access to your credit card number or PayPal account details during the payment process.
Our Site processes your personal information in France and other countries. We may process your personal information on a server located outside the country where you live. In addition we need to give certain data to 3rd party service providers in order to offer this service. This includes hosting, analytics (Google) and payment processing (PayPal).
Your Credit Card / Paypal Account
All payments are made directly on Paypal's secure servers: you should always check that you can see https://paypal.com/.... in the address bar before making PayPal payments on any site. No card details or other personal payment information is ever accessible to us.
Your Google Account
GCalToolkit - both the website and the desktop software - uses the latest technology (OAuth2) to connect to your Google Account without you ever having to share your Google password - instead you are taken to www.google.com in your browser to sign in on each device; this means that at no point does GCalToolkit have access to your Google password. By clicking "ACCEPT" on google.com you allow GCalToolkit temporary access your Google Calendar, and you can revoke this authorisation at any time in your Google Account settings (Please see http://support.google.com/accounts/bin/answer.py?hl=en&answer=41236)
Like most site operators we collect information that your browser sends whenever you visit our Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
Like many sites, we use “cookies” to collect information, however, you can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.
Our Site uses a small number of "first party" cookies for essential site operation (login, security etc). No personal or browsing data is stored or tracked with these session cookies, and they can easily be deleted in the "Settings" or "Options" of your browser.
Our Site also uses Google Analytics to provide anonymous data that is used to improve visibility on the web and give important feedback that helps improve the website and software. This information is neither shared nor used directly for any marketing or advertising purposes, your IP address is anonymised before it is sent to Google Analytics, and Advertising Features are not enabled.
On account deletion, all personal data will be removed from our infrastructure within less than 90 days. Both GCalToolkit and our 3rd party service provider (PayPal) will keep data (e.g. payment histories) for a longer period if required by law. Please contact us for all account deletion as it must be done manually at this time.
We work hard to protect our users from unauthorized access, alteration, disclosure or destruction of the information we store. In particular:
We keep our hosting, software and tools secure and up to date
We encrypt all transferred data with SSL
Access to any personal information (email address, name, username, IP address) is restricted to the owner of GCalToolkit and authorised agents of the hosting company. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
TERMS OF SERVICE:
Please read these Terms of Service (the “Terms”) carefully, before registering, accessing, browsing, downloading or using the Site (defined below). By accessing or using the Site or by using the Service (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services.
These Terms govern your access to and use of the website located at GCalToolkit.com (the “Site”) and the Products and Services provided, including the proprietary software "GCalToolkit","GTasksToolkit", and the free software "GCalPlus" and “Sheets2GCal”. The Site, Software and Services provided are referred to collectively throughout these Terms as the “Services”.
YOU AGREE THAT BY REGISTERING FOR, ACCESSING OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH GCalToolkit. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
Wherever used in these Terms, “you”, “your” or similar terms means the person or legal entity accessing or using the Services. If you are accessing or using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.
GCalToolkit reserves the right to modify, supplement or replace these Terms, effective upon posting the changes on the Site or notifying you otherwise. Your continued use of the Services following the posting of changes to these Terms or receipt of notice will mean that you accept and agree to such changes. You are responsible for regularly consulting the current version of the Terms prior to your use of the Services.
1. Modification of this Agreement
GCalToolkit reserves the right to change, modify, add, or remove portions of this Agreement at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, GCalToolkit may be required under applicable law to give you advance notice, and GCalToolkit will comply with such requirements.
2. The Services
2.1 Third Party Products and Services.
The Services may enable you to access, interact with or purchase Products or services provided by third parties, including from third party websites or applications linked to or accessible through the Services (“Third Party Services”). GCalToolkit provides access to Third Party Services as a convenience only, and such access does not imply any warranties, representations, endorsements, approvals or verification by GCalToolkit of such Third Party Services. You acknowledge that the use of Third Party Services may be subject to the terms and conditions of such Third Party Services, and that any contract entered into or transaction completed through Third Party Services is between only you and the relevant third party.
2.2 Registration. In order to access and use the Services, you must register for a user account by providing login information for a user account. You agree that GCalToolkit may access and retain your user account information for the purposes of managing your user account with GCalToolkit and providing you with the Services.
2.3 Subscription. Subject to the terms of this Agreement, GCalToolkit shall use commercially reasonable efforts to provide you with the Services. The Services are available on a free or paid basis.
2.4 Permitted Uses. You are responsible for your own conduct when using the Services. You agree that you will only use the Services for lawful purposes and in a manner consistent with these Terms and any applicable rules, policies and guidelines established by GCalToolkit in respect of the Services. Misuse or unauthorized use of the Services and its related systems or networks, or of any information or material available through the Services is strictly prohibited and GCalToolkit reserves the right, at its sole discretion and without liability or prejudice to any other remedies that it may have, to immediately suspend or terminate access by any user who is using, or who GCalToolkit reasonably believes is using, the Services in violation of these Terms.
2.5 Prohibited Uses. Without limiting The Section 2.4, you agree not to use the Services to:
(2.5.1) Interfere or disrupt this Site or networks connected to this Site take any action that imposes an unreasonably or disproportionately large load on our infrastructure/ network use any device, software or routine to bypass the Site’s robot exclusion headers, or interfere or attempt to interfere, with the Services ;
(2.5.2) Communicate, transmit, upload or post information that is inaccurate, incomplete, misleading, false or libellous;
(2.5.3) impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Service(s), perform any other similar fraudulent activity or otherwise purchase our Service(s) with what we reasonably believe to be potentially fraudulent funds;
(2.5.4) Advertise, solicit or otherwise promote the sale or other distribution of Products or services, including Products or services that compete with those offered through the Services, without GCalToolkit’s consent;
(2.5.5) Infringe our or any third party’s intellectual property rights, rights of publicity or privacy;
(2.5.6) Use the Services if You are under the age of eighteen (18) without a parental sponsor or in any event use the Services if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law;
(2.5.7) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site
(2.5.8) Use any robot, spider, other automatic device, or manual process to monitor or copy the Site without prior written permission;
(2.5.9) Engage in conduct that would constitute a criminal or quasi-criminal offence, that would give rise to civil liability, or that would otherwise violate any applicable local, provincial, state, federal or international law or accepted Internet protocol;
(2.5.10) Post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person;
(2.5.11) Intentionally interfere with or damage operation of the Services or any other user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;
(2.5.12) Attempt to interfere with or gain unauthorized access to the Services or its related systems or networks;
(2.5.13) Sell the Services, information, or software license key or premium account associated with or derived from it
(2.5.14) Post or transmit any message, data, image or program which is pornographic in nature
(2.5.15) Communicate, transmit, upload or post material that is obscene, vulgar, pornographic, abusive, defamatory, threatening, racist, sexist or otherwise objectionable;
(2.5.16) Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to GCalToolkit, a third party or You use the Services in a manner that GCalToolkit or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules
(2.5.17) Use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others
(2.5.18) Modify, adapt, translate or create derivative works based upon the Services and the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;
(2.5.19) Send automated request of any kind to the Site’s system without express permission in advance from GCalToolkit.
(2.5.20) Otherwise use the Services in a manner that could, in the opinion of GCalToolkit, adversely affect the ability of other users to use the Services or the Internet, including post or transmit information or data containing worms, viruses, Trojan horses or other disruptive components;
(2.5.21) Breach this Agreement or any other GCalToolkit agreement or policy provide false, inaccurate or misleading information use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site
(2.5.22) Take any action that may cause GCalToolkit to lose any of the Services from its service providers, payment processors or other suppliers
(2.5.23) Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Site or features that enforce limitations on the use of the Services;
(2.5.24) Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;
(2.5.25) Use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner ;
(2.5.26) Communicate, transmit, upload or post information or material that infringes intellectual property rights, privacy rights, rights of publicity or any other rights of any person;
(2.5.27) Use or attempt to use the Services to gain unauthorized access to any person’s data or network;
(2.5.28) Refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide to GCalToolkit;
2.6 Updates and Functionalities.
You acknowledge that from time to time GCalToolkit may apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content), and you agree to such changes. Without limiting the foregoing, GCalToolkit may, in its sole discretion, change the functionality associated with certain Subscription Plans, including but not limited to discontinuing all or part of the Services offered on a free subscription basis.
3.1 Refund Policy.
All sales of products or services may be refundable on request, and are decided on a case-by-case basis.
Paid subscriptions for the Services are handled by PayPal through the GCalToolkit Business account under the name of the owner "Neil Gerstenberg".
3.3 Account Changes and Cancellation.
You may cancel, upgrade or downgrade your subscription at any time. (For details on the account change and cancellation procedure, please refer to the instructions available at documentation of our website. Following an upgrade or downgrade of your subscription, you will be charged or issued a credit, as applicable, for the difference in fees between your old and new subscriptions prorated for the number of days remaining in the subscription period. Following the cancellation of your subscription, the Service will remain active for number of days remaining in the subscription period.
5.1. “Confidential Information” means any information or materials of GCalToolkit that is reasonably considered in the circumstances to be confidential or proprietary, including, but not limited to, trade secrets, hardware, software (source code and object code), specifications, designs, plans, drawings, data, prototypes, discoveries, research, developments, processes, procedures, intellectual property, market research, marketing techniques and plans, business plans and strategies, pricing policies and price lists, and financial information or other business and/or technical information and materials, whether in oral, written, electronic, graphic or machine-readable form. You agree to keep strictly confidential the Confidential Information and to not use or disclose the Confidential Information for any purpose other than as required for your use of the Services.
6.1. Support for the Services is available via the website using our contact page.
7. Terms and Termination
7.1 Term. These Terms shall commence on the date on which you first register for, access or use the Services and shall continue until your subscription is cancelled.
You may cancel your subscription in accordance with Section 7.2, above, and discontinue your use of the Services at any time. If you violate these Terms or any applicable rules, policies or guidelines established by GCalToolkit in respect of the Services, or create any legal risk for GCalToolkit through your use of the Services. You agree that GCalToolkit, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. GCalToolkit may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that GCalToolkit will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GCalToolkit may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
8. Intellectual Property
8.1 GCalToolkit Services. GCalToolkit is the owner of the Services and all intellectual property rights related to the Services. All rights, title, and interest in and to the Services not expressly granted under these Terms are reserved by GCalToolkit. Without limiting the generality of the forgoing, GCalToolkit owns the trademarks and design marks, trade dress, domain names, service names, logos and associated designs (“Trademarks”) used in connection with the Services and any unauthorized use of the Trademarks is strictly prohibited.
If you submit any suggestions, comments or other feedback (“Feedback“) to GCalToolkit regarding the Services, you agree that GCalToolkit shall have a worldwide, perpetual, irrevocable, unrestricted, unlimited and fully paid-up right and license to use, copy, modify, publish, disclose, distribute, license, sublicense, incorporate into its Products, and create derivative works of, any Feedback or any ideas or materials contained in or resulting from any Feedback, for any and all commercial and non-commercial purposes. For greater certainty, you agree that GCalToolkit may use and exploit any Feedback in any way at our discretion, without compensation or obligation to you or to any other party.
9. User Indemnity.
9.1 You agree to indemnify, defend and hold GCalToolkit, our affiliates, our licensors and/or related parties, each of their respective officers, partners, directors, employees and agents harmless from any and all claims,actions or demands, losses, damages, and liabilities, costs and expenses, including and without limitation legal fees and expenses, arising out of or related to (i) your use or misuse of our Service(s) (ii) your access to or use of the Service(s) or any Subscriber Content; (iii) your violation of these Terms, (iv) your violation of any third party right, including without limitation, any intellectual property, privacy or proprietary right, or obligation of confidentiality, (v) Any violation of these Terms and Conditions, or any breach of the representations, warranties, and covenants made by you. You will use your best efforts to cooperate with GCalToolkit in the defense of any claim.
10. Disclaimer of Warranties
10.1. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GCalToolkit EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GCalToolkit EXPRESSLY DISCLAIMS THAT: (I) THE SERVICES WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS; (II) THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; (III) THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE, RELIABLE OR USEFUL; AND (IV) THAT ANY ERRORS OR DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED. IN ADDITION, GCalToolkit EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO: (I) ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY SUBSCRIBER CONTENT; (II) ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES IN ASSOCIATION OR CONNECTION WITH THE SERVICES, INCLUDING ANY THIRD PARTY SERVICES; (III) ANY HACKING OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES; AND (IV) ANY DAMAGE TO YOUR SOFTWARE, COMPUTER SYSTEM OR OTHER PROPERTY CAUSED BY VIRUSES OR OTHER MALICIOUS CODE AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH OR HARMED BY THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE USE OF THE SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7.
11. Limitation of Liability
11.1. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER BY STATUTE, CONTRACT, TORT OR UNDER ANY OTHER FORM OF LIABILITY, EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICES HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
11.2. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GCalToolkit WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GCalToolkit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO: (I) THE USE OR THE INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING ANY CONTENT, PRODUCTS, SERVICES, OFFERINGS, INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICES; (II) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT; (III) THE SUSPENSION OR TERMINATION OF YOUR ABILITY TO ACCESS THE SERVICES; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR FAILURE OF OUR SYSTEMS; (V) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF OUR SYSTEMS OR YOUR TRANSMISSIONS, DATA AND/OR PERSONAL INFORMATION; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SITE; (VIII) ANY BUGS, VIRUSES OR THE LIKE THAT ARE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (IX) ANY OTHER MATTER OR EVENT RELATING TO YOUR OR ANY OTHER PARTY’S USE OF THE SITE OR THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH OR HARMED BY THE SERVICES, OR WITH ANYTHING RELATED TO THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE USE OF THE SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7.
11.3. YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY GREATER IF GCalToolkit WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN.
12.1 Nature of Relationship. Nothing in these Terms or from your use of the Services will create or be deemed to create any partnership, joint venture, agency, franchise or other business relationship between you and GCalToolkit, even if your use of the Services is for a commercial purpose which has been authorized by us. You and GCalToolkit will, at all times, be and remain independent contractors.
12.2 Governing Law. You agree that these Terms, and your use of the Services, are governed exclusively by the laws of France. Any contract formed through the use of the Services will be deemed to have been formed and executed within France.
12.3 Notice. GCalToolkit may communicate with you about the Services or these Terms, including any changes to these Terms, by email or by posting notices on the Site. Unless expressly prohibited by law, you consent to receive communications relating to the Services or our business relationship from GCalToolkit electronically, and agree that all notices, waivers, agreements, disclosures and other communications satisfy any legal requirements that such communications be in writing. You may provide legal notice to Gerstenberg/GCalToolkit at 56 Raymond Comboul, NICE 06000, FRANCE.
12.4 Dispute Resolution.
(a) Means of Resolution. You and GCalToolkit agree that any disputes arising under these terms or otherwise in connection with your use of the Site will be resolved through arbitration. Arbitration will be held in Nice, France. Notwithstanding the foregoing, you agree that : (i) the courts in any relevant venue will have jurisdiction for the purposes of obtaining and enforcing injunctive or other equitable relief, and for the purposes of enforcing the decision of any arbitrator appointed in accordance with this provision, and (ii) GCalToolkit may bypass arbitration in cases of fraud or other crimes against it, and in the case of interference with its technical operations or violations of its rights or property.
(b) Class Waiver. The failure of GCalToolkit to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by GCalToolkit. If this paragraph is held unenforceable, then the entirety of this Section 12.4 will be deemed void.
12.5 Jurisdiction and Venue. If Section 12.4 is deemed void or is otherwise inapplicable, all disputes under these Terms will be resolved by a court of competent jurisdiction located in Nice, France, provided that the courts in any relevant venue will have jurisdiction for the purposes of obtaining and enforcing injunctive or other equitable relief.
12.6 Force Majeure. Neither party shall be liable for delay or failure in performance (other than the making of payments) resulting from any cause beyond the reasonable control of such party, including but not limited to, acts of God, acts of war, riot, fire, flood, or other disaster, acts of government, strike lockout, power failures, or the inability to use or the failure of any third party telecommunications carrier or other services, which events or conditions prevent in whole or in part the performance by such party of its obligations hereunder or which renders the performance of such obligations so difficult or costly as to make performance commercially unreasonable.
12.7 Assignment. GCalToolkit shall have the right or obligations to assign or transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates group companies under these Terms, either in part or in full, without notice to you.
12.8 Waiver. The failure of GCalToolkit to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by GCalToolkit.
12.9 Severability. If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited,altered or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
12.10 Contact. If you wish to contact GCalToolkit with any questions, comments or concerns regarding the Services or these Terms, contact us at our contact us page.