End User License Agreement
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our online services to you, an authorised user nominated by our customer, who is identified when you register (Service).
1.2 Why you should read them. Please read these terms carefully before you access the Service. These terms tell you who we are, how we will provide the Service to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are PostSched Ltd (trading as “PostSched”), a limited company registered in England and Wales. Our company registration number is 10892962 and our registered office is at The Aspen Building, Vantage Point Business Village, Mitcheldean, Gloucestershire, GL17 0DD.
2.2 How to contact us. You can contact us by telephoning us on +44 (0) 1925 382 243, by emailing us at email@example.com, or by writing to us at PostSched Ltd, The Aspen Building, Vantage Point Business Village, Mitcheldean, Gloucestershire GL17 0DD.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us on registration for the Service.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your request for access to the Service. Our acceptance of your request for access to the Service will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your request for access to the Service. If we are unable to accept your request for access, we will inform you of this in writing.
3.3 We only offer the Service to users in the UK. Our website and the Service are available for use in the UK. Unfortunately, we do not accept users from addresses outside the UK. We do, however, permit UK users to access the Service whilst they are temporarily outside the UK.
4. USE OF OUR WEBSITE AND SERVICE
4.2 On and subject to these terms, we hereby grant you a non-exclusive, non-transferable licence to access and use the Service solely for the business purposes permitted by our customer who has authorised your use of the Service.
4.3 You acknowledge and agree that we (and/or our licensors) own all intellectual property rights in the Services. Except as expressly stated in these terms, we do not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services.
5. THE SERVICE
The Service is only available to you if you are aged 18 or over. Please do not attempt to access or use the Service if you are under 18 years of age.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the Service. We may change the Service:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Service other than the fact that you may experience some downtime while these changes are made; and
(c) as a result of improvements to the software underlying the Service, which will evolve over time in terms of functionality and user interface.
6.2 More significant changes to the Service and these terms. If we have to make any changes to these terms or the Service which are more significant than the types of changes referred to in clause 6.1 above, we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
7. PROVIDING THE SERVICE
7.1 When we will start providing the Service to you. We will start to supply the Service to you on the date on which we notify you that your request for access to the Service has been accepted (please see clause 3.1 above), and will continue to supply the Service until our agreement with our customer who has authorised your use of the Service ends, or you end the contract as described in clause 8, or we end the contract by written notice to you as described in clause 10 (whichever happens first).
7.2 We are not responsible for delays outside our control. If our supply of the Service is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract without any charge to you.
7.3 Reasons we may suspend the supply of the Service to you. We may have to suspend the supply of the Service to:
(a) deal with technical problems or make minor technical changes;
(b) update the Service to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Service as notified by us to you (see clause 6).
7.4 Your rights if we suspend the supply of the Service. We will contact you in advance to tell you we will be suspending supply of the Service, unless the problem is urgent or an emergency. You may contact us to end the contract for the Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than seven consecutive days.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on the circumstances:
(a) If the Service is faulty or misdescribed you may have a legal right to end the contract (please see clause 11 for details);
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.3.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately. The reasons are:
(a) we have told you about an upcoming change to the Service or these terms which you do not agree to (see clause 6.2);
(b) there is a risk that supply of the Service may be significantly delayed because of events outside our control;
(c) we have suspended supply of the Service for technical reasons, or notify you we are going to suspend it for technical reasons, in each case for a period of more than seven consecutive days; or
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 8.1), you can still contact us and tell us you want to end it. We will process your request as soon as we are reasonably able to do so and the contract will end as soon as we do, and you will no longer be able to access the Service from that time.
8.4 When the contract ends, all licences granted under these terms shall immediately end.
9. HOW TO END THE CONTRACT WITH US
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call us on +44 (0) 1925 382 243 or email us at firstname.lastname@example.org. Please provide your name, address, your phone number and email address, and the name of our customer that authorised your use of the Service.
(b) By post. Please write to us at PostSched Ltd, The Aspen Building, Vantage Point Business Village, Mitcheldean, Gloucestershire GL17 0DD.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract at any time. We may end the contract at any time by writing to you to let you know. The contract between us will in any event automatically cease without notice in either of the following circumstances:
(a) our agreement with our customer who has authorised your use of the Service ends (regardless of the reason for termination, and whether we or they end the contract); or
(b) you cease to be authorised by our customer to access the Service.
10.2 Your access to the Service will automatically cease without further notice when the contract between us ends.
10.3 When the contract ends, all licences granted under these terms shall immediately end.
10.4 We may withdraw the Service at any time. We may stop providing the Service at any time without further notice to you.
11. IF THERE IS A PROBLEM WITH THE SERVICE
How to tell us about problems. If you have any questions or complaints about the Service, please contact us. You can telephone us on +44 (0) 1925 382 243, email us at email@example.com, or write to us at PostSched Ltd, The Aspen Building, Vantage Point Business Village, Mitcheldean, Gloucestershire GL17 0DD.
12. ACCESS TO THE SERVICE
Access to the Service is free of charge to you, however you will only be given access to the Service if our agreement with our customer who has authorised your use of the Service is valid at the relevant time.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 This clause 13 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you:
(a) arising under or in connection with this contract;
(b) in respect of any use made of the Services by you; and
(c) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this contract.
13.2 Except as expressly and specifically provided in these terms:
(a) you assume sole responsibility for results obtained from your use of the Services, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information or instructions provided by you in connection with the Services, or any actions taken by us at your direction;
(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the contract; and
(c) the Services are provided to you on an “as is” basis.
13.3 Nothing in this agreement excludes our liability:
(a) for death or personal injury caused by our negligence; or
(b) for fraud or fraudulent misrepresentation.
13.4 Subject to clause 13.2 and clause 13.3:
(a) we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under the contract; and
(b) our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to £100.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
(b) to supply the Service to you on behalf of our customer who has authorised your use of the Service; and
(c) [if you agreed to this during the registration process, to inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.]
14.2 [Where you provide us with personal information regarding third parties (such as details of your next of kin), you are solely responsible for:
You agree to indemnify us (reimburse us on demand) in respect of any financial losses we may suffer as a result of any breach by you of this clause 14.2.]
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Service in the English courts.