APPCAN LTD – WEBSITE USER TERMS AGREEMENT (Agreement)

Welcome to Our website ‘appcancloud.com’ (“the Site”). If You continue to browse and use this site You are agreeing to comply with and be bound by Our Agreement as set out below.

1. The Parties to this agreement are:

a) You; and
b) App Can Ltd registered in England Number 07841006 at 46-48 ROTHESAY ROAD, LUTON , BEDFORDSHIRE, LU1 1QZ (“Us, We, AppCan, Our”).

2. Other Agreements:

a) This Agreement, is to be read in conjunction with the Licence Agreement, Cookie Policy and Privacy Policy which are also contained on the Site.
b) This Agreement and the other documents mentioned in clause 2 a above set out the terms and conditions applicable to use of the Site

3. The Site:

a) The Site is an internet web site for access to the App Can Ltd services, including but limited to, AppCan Cloud and AppCan Mobile.

4. Us:

a) We are registered with the Information Commissioner’s Office under registration number ZA057917.
b) We provide our Services via the Site and Web Hosting.

5. Variation to the Agreement

a) We reserve the right to change the terms of this Agreement and/or the Services provided for any reason at any time.
b) Such changes shall be published on the Site and shall become effective immediately after publication. If you continue to use the Site after such changes have become effective you will have accepted the changes.

6. User

a) We have absolute discretion as to whether or not We accept You to become a AppCan User.

7. Services and Site Availability, user and change.

a) Although We will reasonably endeavour to make the Services and Site available We cannot guarantee the availability of the Site and Services.
b) We may restrict access to the Site and or Services, if necessary, for reasons including, but not limited to, limited capacities, server security, technical measures or maintenance activities.

8. Site Content

a) We reserve the right to change any and all content, software and other items used or contained in the Site or offered through the use of the Site at any time without notice.
b) The Information contained on the Site does not constitute any form of advice, recommendation or endorsement by us, and is not intended to be relied upon by you or any third party as the sole basis for making (or refraining from making) any specific decision.

9. Site and Services Availability

a) We will use reasonable skill and care in the supply of the Services, the Site and Information to you but we cannot guarantee, warrant or represent that it is complete, accurate, up-to-date, fit for a particular purpose, of merchantable quality or error- or virus-free or that its operation will be continuous and uninterrupted.

10. Use of Site – General Principals

a) We will act fairly, reasonably and responsibly in our dealings with you;
b) You represent, warrant and undertake that any information that you upload, transmit, store, share, enter or post to the Site:

i) shall be appropriately categorised and be truthful, accurate, clear and complete;
ii) will not violate or infringe any of the rules set out herein, the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights;
iii) will not contain interactive material or automated scripts, or contain information that you did not create or is libellous, defamatory or otherwise unlawful, pornographic, obscene, of a sexual nature, harmful, misleading, vulgar, threatening, abusive, inflammatory, harassing, hateful, or racially, ethnically or otherwise objectionable or which might cause offence or damage to the public, other AppCan Users, the Site or us.

c) You are solely responsible for your AppCan User Content. We may review the Site and may delete or remove AppCan User Content or Site Content in our own absolute discretion and without any notice. We will create backup copies of User Content but we make no warranty as to this.
d) When you post AppCan User Content, you authorise us to make copies of it as we deem necessary for the correct operation of the Site. By posting AppCan User Content, you grant us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence to use, copy, publicly perform, reformat, translate, summarise (in whole or part) and distribute it for any purpose in connection with the Site or its promotion thereof, to prepare derivative works of, or incorporate into other works and to grant sublicenses of such AppCan User Content. If you choose to remove your AppCan User Content, which you may remove at any time, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of your AppCan User Content.

11. Data Storage & Archiving

a) Data Storage
 
AppCan will retain all captured data for a period of 2 years, after which data base entries will automatically be deleted.  Date of deletion is measured from last submission date of any record received within AppCan.
 
b) Data Archiving
 
Should data retention be required for more than 2 years, AppCan provides a ‘cold storage’ facility where forms and documents can be stored for a Client specified duration.  Client access to archived records is via the same AppCan Portal user interface.  Individual records in archive can be searched, retrieved and reactivated for further mobile use.  Please note: access to ‘AppCan Cold Storage’ attracts a separate annual cost, currently £1,000 (excluding VAT). 

12. Indemnity

a) You agree to indemnify and hold each other AppCan User, Us, Our subsidiaries and affiliates, and each of App Can’s directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable lawyer’s fees, arising out of or in connection with any of your AppCan User Content, your use of the Site and or the Services, your conduct in connection with the Site and or the Services or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

13. Prohibition

a) When using the Site you shall not:

i) use the Site in any unlawful manner, endanger, damage or disturb the functioning of the Site, or the servers where it is hosted, or attempt to access data you are not allowed to access;
ii) transfer, introduce or enter data that may contain software viruses or worms or any other code, files or programs designed to interfere with, limit or damage the Site or the function of its hardware, software or communications equipment;

14. Site Links

a) You may not include a link to the Site in any other site without our prior written consent.

15. Termination of account

a) If you, in our reasonable opinion, breach any provision of the Agreement then in addition to any other remedy available to us, we may immediately and with no prior notification do one or more of the following:

i) terminate your AppCan Usership;
ii) temporarily restrict your use of the Site and or Services;
iii) permanently restrict your use of the Site and or Services;
iv) delete content from the Site and or Services;

b) We may terminate this Agreement immediately if you have provided to us incorrect information, breached the Agreement or any other agreement we have with you, made a voluntary arrangement with any other party, become bankrupt, if we become aware or reasonably suspect that you are engaged in, or may be the victim of, any fraudulent activity, or died. This does not affect your responsibility to continue to repay any Loans.

16. Fraudulent Activity

a) In the case of suspected fraudulent activity we will pass on information to the appropriate authorities. This does not affect our right of blocking or terminating AppCan Usership as set out above.

17. Payment on Termination

a) If we terminate your AppCan Usership, you will pay to Us any outstanding monies that you owe to us at that time of termination of your AppCan Usership.

18. Property, copyright and ownership

a) The AppCan Cloud and AppCan Mobile, its code and contents other than User Content are protected by copyright, design rights (whether registered or unregistered) and are the Intellectual Property of Us.
b) The contents of the Site are protected by copyright. Copying, changing, distributing or storing information or other data, requires our prior written agreement.
c) All trademarks and intellectual property rights – including those of third parties – mentioned in the Site are the property of their owners. It cannot be concluded that brands or trademarks mentioned in the Site are ours or are not protected by third parties’ rights.
d) You shall not post third party copyright material on the Site or use the AppCan Cloud and or AppCan Mobile and or the Services to store third party content without that third parties consent.
e) All rights for material developed and published by us remains solely with us. Copying or using such texts or data in other electronic or printed publications is not allowed without our prior written agreement.
f) All Information is our proprietary information.

19. Third Party Websites

a) On the Site we may make links to other websites. The availability of such third party sites, services or material does not constitute any form of recommendation, advice or endorsement of any such third party sites, services or material. We have no control over the content of such websites and therefore you cannot rely on their accuracy or completeness and we are not responsible for their availability or content.

20. Indemnity

a) Subject to you being liable for the infringement, you agree to indemnify us of all claims you or third parties may make against us for any infringement of such third party’s rights through any contents you may have entered on the Site or placed on Our servers through the use of the Services and or the AppCan Cloud and or AppCan Mobile. You will bear all costs associated with our legal defence, including court and lawyers’ expenses.

21. Limitation of Liability

a) Our liability is restricted where allowed by law to the level of fees you paid us within the last year to damage caused intentionally and by gross negligence as far as it does not concern the violation of an obligation that is essential to this Agreement or damage to life, body or health. The same applies to the liability of our representatives. Except for intentional and gross negligence, liability shall be restricted to the damage that is typically foreseeable at the time this Agreement are concluded.
b) We do not accept any liability for:

i) direct, indirect or consequential damage or loss caused by circumstances beyond our own reasonable control;
ii) any malfunction or non availability of the Site and or Services;
iii) any error or inaccuracy in processing data on the Site or through the use of the Services;
iv) websites to which reference is made through links on the Site or through the use of the Services;
v) for the contents and information entered by AppCan Users;
vi) failures within the service network not caused by us;
vii) taxation resulting from your transactions with Us;
viii) any negligence, breach of contract, misrepresentation or wilful misconduct in relation to the use of the Site and or the Services (other than our own).

22. Validity of Agreement

a) Should individual provisions of this Agreement be or become void or ineffective and/or conflict with legal provisions, then this will not affect the validity of any other terms and conditions. The ineffective provisions shall be replaced by the parties to the Agreement by provisions that best meet the economic purpose of the ineffective provisions in a legally effective way. This shall correspondingly apply to any missing provisions.

23. Entire Agreement

a) The Agreement constitute the entire agreement and understanding between Us and You regarding the subject matter contained herein. This Agreement supersedes any and all prior agreements between Us and You regarding Your right to use the Site and or the Services.

24. Written Form, Applicable Law

a) All notices in connection with the use of the Site and Services must be made in writing or by sending an e-mail to info@appcan.co.uk. The Agreement are subject to the laws of England and Wales. England shall be the exclusive place of jurisdiction for all claims arising from the use of the Site and or Services.

25. Defined Terms

a) In these Terms and Conditions “We”, “Us” and “Our” mean App Can Limited and
b) “You”,”Your” means the AppCan User
c) “Account” means the part of the Site which can only be accessed using your own Login Credentials, the database records that store details of your transactions, the Services that allow you store and data and the information and data that we hold for you at any time in the AppCan Users’ Account ,and the area of the Site that displays such information to you;
d) “Agreement” means the Website Use Terms Agreement, the Online Licence Agreement and the Privacy Policy.
e) “AppCan Cloud” means a cloud based portal that clients can access to build electronic forms, distribute documents, create and send Alerts (notifications), manage and analyse data and the administration of the system.
f) “AppCan Mobile” means an iPhone and iPad app, that allows users to view their specific electronic forms, and capture data against them, view Documents and Alerts.
g) “AppCan User” means an individual who uses the AppCan Mobile and AppCan Mobile services and or the Services;
h) “AppCan Users’ Account” means the account that allows the AppCan User to use the Services
i) “AppCan User Content” means text, notes, photos, profiles, messages, information, music, video, advertisements, Questions, Answers and other content that a AppCan User uploads, publishes or displays on or through the Site, including the blog or forum, or transmits to or shares with other AppCan Users;
j) “AppCan Usership Criteria” means the conditions set out in Clause 3 which have to be satisfied to become registered as a AppCan User;
k) “Information” means the “Site Content”, the “AppCan User Content” and any other information compiled by us and available through the operation of the Site;
l) “Personal Data” Mean information that identifies you and/or is specific to you and its use by us
m) “Services” include AppCan Cloud and AppCan Mobile
n) “Site” means the website found at appcancloud.com
o) “Site Content” means all information available on the Site or delivered to you by us during your use of the Site (including but not limited to the blog, the forum, articles), including all copyright, database and software rights and all other intellectual property rights in such Information;
We thank you for choosing our service and we look forward to a mutually successful business relationship with you.