Software as a Service
(commercial terms for the provision of cloud computing services)
This agreement is the terms between the parties relating to the provision of software as a service by us to you. We have developed or obtained the rights to provide the application as a service. You wish to make use of the software as a service provided by us in order to facilitate its business. We make the application available to the you through the Internet as a service. The provision of the software as a service enables authorised users of yours to access the application and make use of the software as a service.
In this order:
2.1 additional fee means a charge you must pay us for the supply of any services outside of an order, which charge must be made at our then current standard prices and rates, unless otherwise agreed in writing between the parties;
2.2 administrator means an authorised user in your employ who is authorised to provision, manage and administer certain services;
2.3 authorised user means (i) you or (ii) a user in your employ where you are a juristic person, who has been assigned credentials and includes an additional fee;
2.4 API means the application Program Interface owned by us that you might use to communicate with our systems in order to use the services;
2.5 API specifications mean our required technical and administrative specifications, interface standards, regulations, procedures and communication protocols that the you are required to adhere to in order to use the services, as notified by us in writing from time to time;
2.6 control panel means the section on the Website accessible by you through a web browser to manage and administer certain functions of the services itself;
2.7 credentials mean a unique UserID and password that has been assigned to an authorised user or additional fee;
2.9 personnel means any director, employee, agent, consultant, contractor or other representative;
2.10 SaaS or software as a service means the capability provided by us to you to use our applications running through the internet which are accessible by you;
2.11 third party software means software that is owned by third parties and includes open source software that you have been authorised to use to provide the services or sub-license.
2.12 website means the web site at the domain as may be designated by vendor in writing from time to time that provides you with access to the SaaS.
2.13 Interpretation. All headings are inserted for reference purposes only and must not affect the interpretation of the agreement. Whenever “including” or “include”, or “excluding” or “exclude”, together with specific examples or items follow a term, they will not limit its ambit. Terms other than those defined within the agreement will be given their plain English meaning. References to any enactment will be deemed to include references to the enactment as re-enacted, amended, or extended. A reference to a person includes a natural and juristic person and a reference to a party includes the party’s successors or permitted assigns. Unless otherwise stated in the agreement, when any number of days is prescribed in the agreement the first day will be excluded and the last day included. The rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply. GMT +2 will be used to calculate any times.
3. Our Details
We are SHEQsys.com Ltd, a company registered in the United Kingdom, registration number 10174099. Our registered office is: 264 Banbury Road, Oxford, OX2 7DY.
4. Duration of order
4.1 Duration. This agreement will commence on the effective date and will continue perpetually or until cancelled or terminated.
4.2 Effective Date. The effective date will be [the date of the last party signing in time ALT the date of you accepting these terms and conditions by registering on our site and using our services].
5.1 You must register to use the services. We reserve the right not to enter into the agreement with you (reasons could include for example that you have previously been suspended from using our services or you pose an unacceptable level of risk for us).
5.2 Registration information. You must:
- provide your full legal name, a valid email address, and any other information requested by us to complete the registration process;
- have the legal capacity to conclude legally binding contracts;
- possess the legal right, full power, and authority to enter into the agreement;
- be old enough under applicable law to enter into the agreement;
- submit true, accurate and correct information to us.
5.3 If you are juristic person, the person making application on your behalf must also be duly authorised to conclude contracts on your behalf.
5.4 Identity verification. It is important for us to know who we are doing business with online. You authorise us to make any enquiries we consider necessary to verify your identity. This includes
- us conducting a credit check; or
- you providing us with documentation such as your registration documents if you are a juristic person, or the front page of your ID book or proof of your address; and
- us verifying this against third party databases.
6.1 Credentials. When registering, you will be required to select your credentials which will enable you to sign into your account on our website. If you are a juristic person, you will have to designate specific authorised users and an Administrator. Only you may use your credentials. We do not permit multiple people to share a login.
6.2 Choice of Password. You must choose a password that is at least 5 characters in length which is difficult to guess. For example, don’t use words found in a dictionary, derivatives of your UserID and common character sequences such as “123456”. Also don’t use personal details such as your spouse’s name, car registration number, ID number, passport number and birthday, unless accompanied by additional unrelated characters. The password you choose should also not be any part of speech including, proper names, geographical locations, common acronyms, and slang.
6.3 Access. Only authorised users may access the service by using their credentials. You are responsible for ensuring that authorised users who are no longer authorised to use the SaaS do not use the SaaS. You and the authorised users will at all times be responsible for the confidentiality and safekeeping of your credentials. We will not be liable for any loss or damage attributable to you by the authorised user’s failure to maintain the confidentiality of their credentials.
6.4 Authorised user obligations. Each authorised user agrees:
- to keep their credentials secure;
- not to disclose their credentials to any other person;
- not to provide access to any person;
- to secure all data under their control;
- not to interfere with the functionality or proper working of the service;
- not to introduce any viruses, worm, logic bomb, trojan, wares, potentially unwanted program (PUP) or other malicious software into the service; and
- not use the service for direct marketing, spamming, unsolicited communications, or other advertising or marketing activities prohibited by applicable law.
6.5 Administrator Obligations. The administrator agrees:
- not to use bots or other automated methods to register authorised user accounts;
- to only create one account per email address per authorised user;
- to make a list of all authorised users available to us on request;
- to immediately notify us in writing of any lost credentials by an authorised user;
- to ensure that authorised users who are no longer authorised to use the service do not use the service;
- to take reasonable measures to ensure that authorised users do not introduce any viruses, worm, logic bomb, trojan, wares, potentially unwanted program (PUP) or other malicious software into the service
6.6 Your instructions. Each authorised user is responsible and liable for activities that occur under their account. You authorise us to act on any instruction given by an authorised user, even if it transpires that someone else has defrauded both of us, unless you have notified us in writing prior to you acting on a fraudulent instruction. We are not liable for any loss or damage suffered by you attributable to an authorised user’s failure to maintain the confidentiality of their credentials.
6.7 Payments. Our security obligations relating to any payment systems we might use are dealt with in our security policy, the terms of which are incorporated here.
6.8 Monitoring security. We reserve the right to take whatever action we deem necessary to preserve the security and reliable operation of our systems and you undertake that you will not do or permit anything to be done which will compromise our security. If:
- we are unable to verify any information you provide to us; or
- we reasonably believe that your activities pose a significant credit or fraud risk to us or our other customers, or may cause financial loss or legal liability for us, our other customer, or yourself,
then we shall be entitled to suspend or terminate your use of the services.
7. The Service
7.1 Service. We provide the service to you on the basis contemplated in this agreement. It is your responsibility to ensure that all necessary infrastructure to utilise the service is available and maintained i.e. Internet connection, operating system, computer hardware, software and peripherals.
7.2 Access. We will provide you with access to the SaaS via the website. Access will be restricted to authorised users. We are not responsible for providing you with Internet access, telecommunications, or other infrastructure required to access the SaaS.
7.3 Uptime. While we will make every reasonable effort to ensure that the SaaS is accessible at all times, we do not guarantee you will have uninterrupted access nor will we be liable if for any reason if the SaaS is unavailable at any period of time.
7.4 Disaster Recovery. We will determine and maintain a disaster recovery facility and a disaster recovery plan, or outsource it to our ISP. In the event of a disaster, we will implement the disaster recovery plan.
7.5 Licence and intellectual property. We provide you with the core SaaS package and grant you a license to use it until termination of this agreement. You are responsible for selecting the program to achieve its intended results. We (or our licensors) own the program, including its code, documentation, appearance, structure and organization, and it is protected by copyright and other laws.
7.6 Disclaimer of warranties. We supply the SaaS without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. We will not be liable for any damages of any sort, including direct, indirect, incidental or consequential damages arising out of the use or inability to use the program, and any alterations, updates, enhancements or the programs inability to perform as expectations.
7.7 Annual subscription. We grant you the licence, based on the number of user accounts, on an annual subscription basis. The subscription includes all updates as they are released with telephonic or email remote support. The subscription does not include on-site support, system re-installations, customisation or requested new modules, functions or reports.
7.8 Changes. Changes to the SaaS will be communicated and documented to all relevant persons via email notification.
7.9 Web browsers. We do not guarantee that all web browsers will display or correctly handle requests in our web applications. You must use an up-to-date web browser when accessing our web applications, unless specifically stated otherwise.
7.10 Additional services. Upgrades, enhancements and customisation will be treated as projects outside the scope of this agreement and will be subject to quotation. We will respond promptly to requests for customisations or enhanced functionality requests and provide you with an email quotation as soon as possible, which may be longer than two business days. We may request supporting examples, documentation, or an on-site visit to clarify the details before quoting. We will provide all quotations with supporting documents and you are responsible for testing and verifying the supplied updates, and advising us of any problems timeously. You agree that we will retain all rights and interests associated with any customisation, including intellectual property. We will not conduct customisations which will affect the core functionality of the system.
8. Your data
8.1 Location of your data.We are able to provide the services in multiple locations that are located in different countries. Your data will remain in whatever location you place it.
8.2 Preservation of integrity of your data. Both parties will take reasonable precautions (having regard to the nature of their obligations under the agreement), to preserve the integrity of your data and prevent any unauthorised access, corruption or loss of your data. However you are solely responsible for the quality, accuracy and legality of the data you upload to the SaaS.
8.3 Records. You agree that our records are prima facie evidence of the services supplied to you.
9. Support Services
9.1 Support service. You can get assistance for the SaaS, by contacting us via telephone, email or direct entry of the request into the help desk system (to use the help desk system the user must first request and create an account – details can be obtained from us on how to do this).
9.2 Our responsibilities. We must:
- meet the response times associated with the priority assigned to incidents and service requests;
- when requested by you, generate reports from our helpdesk system for services supplied;
- send you notification via email or telephone for all scheduled maintenance and upgrades where required;
- assign a reference number for each call;
- when we are hosting, use a dedicated managed server supplied by our Internet Service Provider, which offers 99.9% uptime guarantee, as well as daily backups;
9.3 Your responsibilities. You must:
- inform us of any specific service issues or problems;
- appoint a customer representative when resolving a service-related incident or request;
- give clear, concise reporting of any “bug” or functionality that is not performing as expected together with the level of severity;
- provide remote access to the system if it is not hosted on our server;
- if you are hosting internally, maintain an IT and network infrastructure with MS SQL 2008-2014 (express edition is acceptable, but you must be aware of its limitations);
- if we are hosting, allow your users access to the defined URL;
- provide network infrastructure, workstation software, security, firewalls, antivirus and backups.
9.4 Help desk You will be able to load problems and requests to our helpdesk system once you have created an account on our internet-based helpdesk system. You can also inform us of problems and requests by contacting us as indicated below:
|Tel. (office hours)
||+44 777 8125 933
||08:00 – 16:30 Monday to Friday excluding designated holidays (including 23 December to 2 January inclusive)
||Support requests will be logged onto the helpdesk system by the recipient of the message and reference number given to the customer.
|Tel. (after hours)
||+44 777 8125 933
||Support request will be logged onto the helpdesk system by the recipient of the message as soon as access to the network is available.
|08:00 – 16:30 Monday to Friday excluding designated holidays (including 23 December to 2 January inclusive)
||Support requests will be logged onto the helpdesk system by the recipient of the message and reference number given to the customer.
9.5 Incidents and response. An incident is any interruption in the normal functioning of the system, un-expected result or error message. We will investigate incidents and requests as soon as possible after they have been submitted and notify you via email of estimated resolution times. During normal working hours, we will respond to a reported problem immediately by assigning a helpdesk reference number or, if the helpdesk system in unavailable due to a power or internet outage, a manual reference number will be supplied. Outside of normal working hours, you may contact our After Hours number or log onto the helpdesk system. Depending on the root cause of the incident and resolution thereof, the estimated time will be forwarded to the you as soon as the investigation has been completed.
9.6 Categories of service request. The following is the prioritization that we assign to reporting system bugs, functionality or data problems:
||System is down.
||You cannot work.
||Within 1 business day
||You can still work, but with reduced functionality.
||Within 2 business days
||You can still work.
||Within 3 business days
9.7 Escalation. You must direct any request for escalation to Tim Horn, at +44 777 8125 933 or tim.horn
9.8 Updates. We will update the SaaS when required via the remote connection.
9.9 Outages. We will notify you if an update or problem resolution requires a period of system unavailability.
9.10 Additional support services. Telephonic, email and remote support via the internet is included as specified in the quotation. On-site support is chargeable at our current support rate. If the on-site support is required because of a problem with the SaaS, we will only charge you for travel expenses, if applicable. At your request, we can provide you with quotations for training on-site or at our premises.
10. Intellectual property
10.1 Your data You own all your data. We do not own your data or other third party content used as part of the service. All title, ownership rights and intellectual property rights in and to the content accessed through the service belongs to you or applicable content owner and may be protected by applicable copyright or other law.
10.2 Your data license. When you upload your data to our SaaS, you give us a worldwide license to use, host and store your data, solely for purposes of providing the services.
11.1 You will pay us the annual service fee yearly in advance.
11.2 We will be entitled to increase the fee once during each successive period of 12 calendar months calculated from the effective date, subject to 14 calendar days’ prior written notice to you and not in excess of twice the consumer price index.
12. Other charges
We will be entitled to charge you additional fee on a time and materials basis for time that we, in our reasonable opinion, spend in relation to the following:-
12.1 data restoration or re-establishment or other assistance required by you that does not result from inherent errors in the SaaS;
12.2 unauthorised use of the SaaS;
12.3 providing services to you in circumstances where any reasonably skilled and competent SaaS administrator would have judged your request to have been unnecessary.
You will not:
13.1 grant any third party direct access to the SaaS, including by way of lease, download, software as a service or as an application, bureau or on-demand software service provider or any other method; or
13.2 use the SaaS to provide a service to any third party similar to the SaaS;
14. Other services
If you require any services other than the SaaS, then the other services will be provided subject to the terms of a separate agreement that will be concluded between the parties.
15. Suspension of the service
15.1 Without cause. We may modify, suspend, or discontinue providing the services without cause (with or without notice) and will not be liable.
15.2 AUP violation. We may immediately suspend your right to use any of the services if you violate our acceptable use policy if we have one.
15.3 Preservation of data (suspension). In the event that we suspend your access to any services, we will not take any action to intentionally erase any of your data in our possession during the period of suspension and the fees will continue to accrue.
16. Termination of the service
Termination for good cause. We may immediately terminate this agreement at any time by giving you notice in writing if:
16.1 Any software license agreement with a key vendor changes materially, is revoked or terminated;
16.2 Our relationship with one of our key technology goods or service providers terminates or requires a change in the way we provide the software or other technology as part of the services.
17. Effect of Termination
17.1 data deletion. On the deactivation or deletion of your account:
- the agreement will terminate;
- your access rights will immediately cease to exist; and
- all your data will be erased,
unless we have agreed to render post termination assistance to you in writing.
17.2 Post termination assistance. Following the termination of the service, you will be entitled to take advantage of any post-termination assistance that we may generally make available with respect to the service (such as data retrieval arrangements). We may endeavour to provide you with post-termination assistance, but we will not be under an obligation to do so. Your right to take advantage of any such assistance, whether generally made available with respect to the service, or made available uniquely to you, will depend on your acceptance of and compliance with any additional Fees and terms that we may impose for such assistance.
18. Confidential information
18.1 Responsibility to keep information confidential. Each party must keep confidential any information it receives from the other party or under this agreement.
18.2 The receiving party’s responsibilities. The party that receives confidential information agrees to protect the interests of the party it is from, and will:
- only use it to comply with its responsibilities under this agreement;
- only give the information to any of its employees or agents that need it, and only give as much of it as they need;
- use reasonable security procedures to make sure employees or agents keep the information confidential;
- get promises of confidentiality from those employees or agents who need access to the information;
- not reveal the information to anyone else; and
- not use it for any purpose other than this agreement.
18.3 End of this agreement. At the end of an agreement, the parties will give back to the other all originals and copies of confidential information of the other that they have. If the other agrees, they may destroy the confidential information they have.
18.4 Exceptions. These responsibilities will not apply to any information that:
- is lawfully in the public domain (available to the general public) when a party received it;
- lawfully becomes part of the public domain afterwards;
- is given to the receiving party afterwards by a different person who is allowed to reveal the confidential information; or
- is given to comply with a court order or other legal duty.
18.5 Indemnity. You indemnify us against any loss or damage that we may suffer because of a breach of this clause by you or your employees or agents.
18.6 Survival. This clause about confidential information is separate from the rest of this agreement and remains valid for five years after the end of this agreement.
18.7 Publicity. A party will not make any announcement or statement to the press about this agreement, without first getting written permission from the other party.
19. Limitation of liability
19.1 Direct damages limited. To the extent permitted by applicable law, regardless of the form (whether in contract, delict or any other legal theory) in which any legal action may be brought, each party’s maximum liability for direct damages for anything giving rise to any legal action will be an amount equal to the total fees already paid (or due and payable) by you to us in respect of this agreement for the period 12 months preceding the claim. The aggregate amounts for all claims will not be greater than the maximum amount.
19.2 Indirect damages excluded. To the extent permitted by applicable law, in no event will a party be liable for any indirect, incidental, special or consequential damages or losses (whether foreseeable or unforeseeable) of any kind (including loss of profits, loss of goodwill, damages relating to lost or damaged data or software, loss of use, damages relating to downtime or costs of substitute products) arising from this agreement.
19.3 Liability. Without limiting liability, neither party will be liable to the other for any loss that it may suffer as a result of theft, fraud, or other criminal act by a party or its personnel.
20. Breach and termination
If a party:
- does not fix any breach of this agreement (failure to comply with it) within seven days of receiving written notice from the other party to do so;
- breaches this agreement materially twice or more in any six month period;
- is insolvent (bankrupt), or has some legal disability, for example, if they are placed under administration;
- takes steps to deregister itself (close down) or is deregistered;
- makes any settlement or arrangement with its creditors; or
- fails to pay a court order against it (does not satisfy a writ of execution) for more than one million rand, within 21 days;
then the other party may, without prejudice to any of its rights:
- claim specific performance of this agreement (make the party comply with this agreement); or
- immediately cancel this agreement in writing; and
- claim damages from the other party, including any claim for any fees already due.
21. Effect of termination
21.1 Amounts due to us become due and payable. On termination, cancellation, or expiry this agreement, all amounts due to us for services rendered before termination will become due and payable even if we have not yet invoiced them. You may not withhold the amounts for any reason, unless the arbitrator directs otherwise.
21.2 Duties on termination. On termination, cancellation, or expiry of this agreement:
- We will stop providing the services;
- each party will deliver to the other party, or at the other party’s option destroy (and procure the delivery or destruction by third party contractors of) all originals and copies of confidential information and proprietary materials in its or their possession or under its or their control.
21.3 Survival. The termination, cancellation, or expiry of this agreement will not affect the enforceability of the terms that are intended to operate after expiry or termination.
22. General warranty
We both warrant that we have the legal right and full power and authority to execute and deliver, and to exercise our rights and perform our obligations under the agreement.
23. Resolving disputes
23.1 Notifying each other. There will be a dispute about or from this agreement if a party writes to the other about it and asks for it to be resolved under this clause. The parties must refer any dispute to be resolved by:
- Negotiation (direct talks to try and agree how to end the dispute); failing which
- Mediation (talks in which a neutral third party tries to help the parties agree how to end the dispute); failing which
- Arbitration (a hearing after which a neutral third party makes a binding decision about the dispute).
23.2 Election binding. The election of the party instituting legal proceedings or referring the dispute to alternate dispute resolution will bind both parties. In the event that the other party wants to counterclaim or raise a further or other dispute, then that other party is bound to refer the counterclaim or other dispute to the same forum as that selected by the first party.
23.3 Negotiation. Each party must make sure that their chosen representatives meet within 10 business days of notification, to negotiate and try to end the dispute by written agreement within 15 more business days.
23.4 Mediation. If negotiation fails, the parties must refer the dispute to mediation under the London Court of International Arbitration’s (LCIA) rules.
23.5 Arbitration. If mediation fails, the parties must refer the dispute within 15 business days to arbitration (including any appeal against the arbitrator’s decision) under LCIA’s latest rules for expedited arbitrations. The arbitration will be held in English in London. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 business days after the referral, the Secretariat of LCIA will appoint the arbitrator.
23.6 Periods. The parties may agree in writing to change the periods for negotiation or mediation.
23.7 Urgent interim relief. This clause will not stop a party from applying to court for urgent interim relief (temporary help) while the dispute resolution process is being finalised. An example might be an interdict (type of court order).
23.8 Severability. This clause is separate and divisible from the rest of this agreement and remains effective even if this agreement ends or is invalid.
24.Notices and domicile
24.1 Notices. The parties will send all notices, authorisations, disclosures, acknowledgements, or requests by hand delivery, prepaid registered post, fax, or email to an address or number given in the specific terms.
24.2 Service (delivery) address for legal documents. Each party chooses its street addresses and numbers as its domicilium citandi et executandi (its address for the service of any document used in legal action) for this agreement.
24.3 Change of addresses or numbers. Each party may change the addresses or numbers in the specific terms to any other addresses or numbers in the United Kingdom by writing to the other party 14 days before the change.
24.4 Deemed delivery. Notice will be considered to be delivered on the date shown on any hand-delivered, prepaid registered post, courier, fax or email confirmation of delivery.
24.5 Notice actually received. If a party actually receives any notice or other communication, this will be good enough.
25. Force Majeure
25.1 Parties not liable. No party will be responsible for any breach of this agreement caused by circumstances beyond its control, including flood, fire, earthquake, war, tempest, hurricane, industrial action, government restrictions, or acts of God.
25.2 Party affected to notify other party. If there is an event of force majeure, the party affected will tell the other immediately, and they will meet within seven days to negotiate other ways to carry out any affected responsibilities under this agreement. The parties will continue to comply with the responsibilities that are not affected by the circumstances.
25.3 Right to cancel. If a party cannot fulfil a material (significant) part of its responsibilities under this agreement for more than 60 days because of force majeure, the other party may cancel this agreement by written notice.
26. Assignment and subcontracting
26.1 No assignment. No party may delegate its duties under this agreement or assign its rights under this agreement, in whole or in part. We may assign this agreement to any successor or purchaser of its business or some of its assets.
26.2 Exception. Despite this clause, we may cede and assign all rights and obligations under this agreement to a related person without your prior written consent, provided that we notify you within a reasonable time of the event occurring.
26.3 Our third party contractors. We may sub-contract or delegate our obligations under this agreement to third party contractors. We will remain liable for performance of the third party contractors. No one may require us to disclose the terms (including payment terms) of any sub-contract entered into with respect to our obligations under this agreement.
27.1 Electronic communications. To the fullest extent permitted by law, you consent to receiving all notices and other communications from us electronically. Electronic communications may be posted on our website or sent to the email address we have on record for you. Please print a copy of each communication and retain it for your records.
27.2 Entire agreement. The agreement is the entire agreement between the parties on the subject.
27.3 Changes. No change to this agreement is effective unless in writing and signed with a handwritten signature by authorised signatories of both parties.
27.4 Waiver (giving up of rights). Any favour we may allow you will not affect or substitute any of our rights against you.
27.5 Severability. If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of this agreement if it does not change its purpose.
27.6 Governing law. The law of the United Kingdom governs this agreement.
27.7 Non-exclusivity. We may provide any goods or services to any other person or entity. We may exploit our intellectual property subject to our confidentiality obligations.
27.8 Costs. Each party is responsible for its own costs of drafting and negotiating this agreement.
June 2016 | Version 1.0
The purpose of this policy is to describe the way that we handle your personal information.
This policy applies to you if you are:
- a visitor to our website; or
- a customer who has ordered the goods or services that we provide.
This policy applies to you under certain circumstances.
Personal information includes:
- certain information that we collect automatically when you visit our website;
- certain information collected on registration (see below);
- certain information collected on submission; and
- optional information that you provide to us voluntarily (see below);
- information that has been made anonymous so that it does not identify a specific person;
- permanently de-identified information that does not relate or cannot be traced back to you specifically;
- non-personal statistical information collected and compiled by us; and
- information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy).
Personal information includes information we collect (i) automatically when you visit our website, (ii) on registration, (iii) on submission, and (iv) from you voluntarily. It excludes (i) anonymous, (ii) de-identified, (iii) non-personal statistical, and (iv) public information.
Common examples of the types of personal information which we may collect and process include your:
- identifying information – such as your name, date of birth, or identification number of any kind;
- contact information – such as your phone number or email address;
- address information – such as your physical or postal address; or
Sensitive personal information
Depending on the goods or services that you require, we may also collect sensitive personal information including your:
- financial information – such as your bank account details;
- criminal information – such as information about your commission or alleged commission of any offence or about any related legal proceedings;
- employment information – including your membership of a trade union; and
You must accept all the terms of this policy when you order any of our goods or order, register for, or use any of our services. If you do not agree with anything in this policy, then you may not order any of our goods or order, register for, or use any of our services.
You may not order any of our goods or order, register for, or use any of our services if you do not accept this policy.
You may not access our website or order our goods or services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.
By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.
You may only send us your own personal information or the information of another data subject where you have their permission to do so.
We may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website and our goods or services. If you continue to use the website or our goods or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.
Once you register on our website, you will no longer be anonymous to us. You will provide us with certain personal information when you register on our website.
This personal information will include:
- your name and surname;
- your email address;
- your telephone number;
- your company name, company registration number, and VAT number
- your postal address or street address; and
- your username and password
We will use this personal information to fulfil your account, provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy.
We collect certain information on registration, when you register on our website.
When you order any goods or services from us, you will be asked to provide us with additional information on a voluntary basis (goods information or services information).
We collect certain information when you order any goods from us or make use of our services, necessary to provide the good or services to you.
We collect certain information from your web browser, including your Internet usage information when you visit our website.
We may place small text files called ‘cookies’ on your device when you visit our website. These files do not contain personal information, but they do contain a personal identifier allowing us to associate your personal information with a certain device. These files serve a number of useful purposes for you, including:
- granting you access to age restricted content;
- tailoring our website’s functionality to you personally by letting us remember your preferences;
- improving how our website performs;
- allowing third parties to provide services to our website; and
- helping us deliver targeted advertising where appropriate in compliance with the applicable laws.
We collect certain information from cookies that we may send to your computer to try and give you a personalised experience.
Third party cookies
Our website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website.
We collect certain information from web beacons on our website to compile anonymous information about our website.
You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.
We collect certain optional information, that you provide when you upload or download content from our website or when you enter competitions, take advantage of promotions, respond to surveys or register and subscribe for certain additional services.
We may monitor and record any telephone calls that you make to us, unless you specifically request us not to.
Purpose for collection
We may use or process any goods information, services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. We generally collect and process your personal information for various purposes, including:
- goods purposes – such as collecting orders for, supplying, and supporting our goods;
- services purposes – such as collecting orders for and providing our services;
- marketing purposes – such as pursuing lawful related marketing activities;
- business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and
- legal purposes – such as handling claims, complying with regulations, or pursuing good governance.
We may use your usage information for the purposes described above and to:
- remember your information so that you will not have to re-enter it during your visit or the next time you access the website;
- monitor website usage metrics such as total number of visitors and pages accessed; and
- track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.
We may use any of your personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.
Consent to collection
We will obtain your consent to collect personal information:
- in accordance with applicable law;
- when you provide us with any registration information or optional information.
We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.
We may use your personal information to fulfil our obligations to you.
Messages and updates
We may send administrative messages and email updates to you about the website. In some cases, we may also send you primarily promotional messages. You can choose to opt-out of promotional messages.
We may use your information to send you administrative messages and email updates to you regarding the website and for marketing purposes where lawful.
While you are logged into the website, we may display targeted adverts and other relevant information based on your personal information. In a completely automated process, computers process the personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser is able to collect your personal information.
We may use your information for targeted content in certain, specified instances.
We do not share your personal information
We do not share your personal information.
We may disclose your personal information as required by law or governmental audit.
We may disclose personal information if required:
- by a subpoena or court order;
- to comply with any law;
- to protect the safety of any individual or the general public; and
- to prevent violation of our customer relationship terms.
We may disclose personal information to third parties if required for legal reasons.
We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.
We may need to disclose personal information to our employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel.
Change of ownership
If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.
We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate.
Our website is hosted on a secure server and uses security measures to prevent interference by intruders.
Accurate and up to date
We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by accessing your account online, emailing us, or phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.
Please keep your personal information accurate and up to date by accessing your account online, emailing us, by phoning us.
We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:
- retention of the record is required or authorised by law; or
- you have consented to the retention of the record.
During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.
We may retain your personal information in physical or electronic records at our discretion.
We will only retain your personal information for as long as is necessary.
Transfer to another country
We may transmit or transfer personal information outside of the country in which it was collected to a foreign country and process it in that country. Personal information may be stored on servers located outside the country in which it was collected in a foreign country whose laws protecting personal information may not be as stringent as the laws in the country in which it was collected. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent.
We may transfer your personal information outside the country in which it was collected to a foreign country.
Updating or removing
You may choose to correct or update the personal information you have submitted to us, by clicking the relevant menu in any of the pages on our website or contacting us by phone or email.
You may choose to update or remove the personal information you have submitted to us.
We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.
June 2016 | Version 1.0
These are the general terms of the relationship between you (the website visitor) and us (the website owner). The terms cover all use of this website. You agree to be legally bound by the terms by visiting and using this website. Please do not use the website if you do not agree to the terms.
Definitions and interpretation
In the agreement: terms means the terms, consisting of:
- any other relevant specific terms, policies, disclaimers, rules, and notices agreed between the parties, (including any that may be applicable to a specific section or module of the website);
we, us, or our means our organisation, the owner of the website. It includes our officers, agents, employees, owners, co-branders, and associates where the terms limit or exclude our liability; you or your means any visitor to this website, including any other person, website, business, or agent (including any virtual or robotic agent) associated with the visitor.
If the meaning of any general terms conflicts with any other relevant specific terms, the specific terms will apply. Specific terms apply to a specific section of the website or have been specifically agreed between you and us.
Use of this website
We grant you a limited licence to use this website on these terms. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these terms do not allow.
We grant you a limited licence to use this website.
If you breach any of the terms or infringe any other person’s rights (including copyright), we may cancel your licence, block you from using the website, claim specific performance or damages against you, and take any other steps the law allows, without affecting our rights.
We may cancel your licence and take other steps if you breach any of these terms.
Framing and linking
You may not frame this website or any of its pages. You may only link to the home page of this website. You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that you have any rights in our website or intellectual property, unless we have given you permission to do so.
You may not frame this website or link to any sub-pages.
You may not use any technology (including spiders, crawlers, bots, and similar virtual agents) to search or gain any information from this website, unless we have given you permission to do so.
You may not crawl this website without our permission.
You promise that you are entitled to visit this website and agree to the terms because you:
- are at least 18 (or regarded as legally adult), and have the legal right and capacity to do so; or
- are not 18 yet, but have permission from your parent (or legal guardian) to do so.
You agree to these terms on the basis that you have the capacity to visit this website.
You promise that you will only give accurate information to us and this website.
You promise that you will give this website only accurate information.
Except as provided to the contrary in the agreement, all rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website are our sole property or will vest in us or a third party licensor. All moral rights are reserved.
We or our third party licensors own all rights in this website.
Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without our permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner.
All our trademarks are our property and you may not use them without our permission. All other trademarks are their respective owners’ property.
Except as expressly permitted under the agreement, the website may not be:
- modified or used to make derivative works;
- rented, leased, loaned, sold or assigned;
- reverse engineered or copied; or
- reproduced or distributed.
You may not change, hire out, reverse engineer, or copy this website without our permission.
Limits to our liability
We provide the website “as is”. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.
You use this website at your own risk and we make no warranties about it.
You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your use of this website.
You indemnify us against any liability related to your use of this website.
We will do our best to fix any fault in this website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in the website.
Direct damages limited
If the previous clause does not apply for any reason, our maximum liability to you for all claims for direct damages is £1. This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.
Our maximum liability to you for all claims for direct damages related to this website is £1.
We will never be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.
We will never be responsible for any indirect damages.
We are not responsible for anyone else’s website or for the actions of third parties you disclose your information to.
The terms are the entire agreement between the parties on the subject.
Changes to website
We may change or stop publishing this website without notice and will not be responsible for any consequences.
Changes to terms
We may change the terms at any time by placing a notice on this website or updating this web page. If you do not agree with the change, you must stop using this website or the changed terms will apply to you.
We may change any of these terms at any time in terms of this clause.
Facts about website
If an administrator of this website signs a letter confirming any fact related to the website, that letter is conclusive proof of its contents. These may include the version of the terms that apply to any dispute, or what content or functions the website had at a particular time or date.
We do not ever waive (give up) our rights, even if we allow you any favour or extension of time, or we delay enforcing our rights against you.
Any term that is invalid, illegal, or cannot be enforced must be regarded as deleted. The remaining terms continue as intended.
Law and jurisdiction
The law and conditions (such as time and date) of the United Kingdom govern the terms. Only the courts of the United Kingdom may decide any dispute about the terms.