Terms & Conditions

Last updated: 5th October, 2020

THESE TERMS AND CONDITIONS APPLY TO ALL USE OF THE WEBSITE.  IF YOU PROCEED TO USE THE WEBSITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS AND WILL BE BOUND BY ITS TERMS. 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

These terms and conditions (the “Terms and Conditions”) (together with the various documents referred to in them) sets out the terms on which you may make use of our website: www.commusoft.co.uk (the “Website”). Use of the Website includes accessing it and perusing it.

These Terms and Conditions are in addition to and should be read in conjunction with any terms governing your use of our Commusoft application: app.commusoft.co.uk (the “Platform Terms”). Where there is any conflict between these Terms and Conditions and the Platform Terms, the Platform Terms shall take precedence. 

Please read these Terms and Conditions carefully before you start to use the Website as they represent a binding legal agreement and you will be bound by them. If you do not agree to these Terms and Conditions, you must not use the Website.

Information about the owner of the Website 

The Website is operated by Commusoft Limited (“we”, “our”, or “us”). We are a company registered in England and Wales, under company number 11611736, and have our registered office at 124, Regina House Finchley Road, London, United Kingdom, NW3 5JS. You can contact us at support@commusoft.co.uk.

Changes to these Terms and Conditions

Please note that we reserve the right to revise or amend these terms at any time to reflect changes to our business or changes in law. It is your responsibility to check these Terms and Conditions before each use of the Website.

We may change our Website

We may update and change our Website from time to time to reflect changes to our services, our users’ needs, our business priorities or any other reason.   

We may suspend or withdraw the Website

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms and Conditions, and that they comply with them. 

We may transfer these Terms and Conditions to someone else

We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

How we may use your personal information

We will use your personal information as set out in our Privacy Policy.

We are not responsible for viruses and you must not introduce them

We do not guarantee that the Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platforms to access the Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

How you may use material on our Website 

We are the owners and/or the licensees of all intellectual property rights inherent in the Website, and in the material published on it including, but not limited to, text, graphics, logos, trade marks, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software.  Those works are protected by copyright laws and treaties around the world. Unless specifically stated otherwise, nothing in these terms or on the Website shall give effect to any transfer of such intellectual property rights from us to you.

Your sole right to use the intellectual property inherent in the Website is a non-exclusive licence to make use of such content only as is strictly necessary to enable you to access the Website and to peruse its contents.

You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.

You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 

Prohibited uses of the Website

You may use our site only for lawful purposes. You may not use our Website:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to bully, insult, intimidate or humiliate any person;
• to send, knowingly receive, upload, download, use or re-use any content which does not comply with our content standards set out below, under the section titled ‘Uploading content to our Website’; or
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

Uploading content to our Website

Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with us or other users of the Website, you must comply with the following standards. Any information or content contributed to the Website must:

• be up-to-date, accurate, truthful and not misleading; 
• comply with applicable law in England and Wales and in any country from which it is posted; and
• be genuinely held (where it states opinions).

Any information or content contributed to the Website must not:

• be defamatory of any person;
• be abusive, offensive, inflammatory, racist, sexist, homophobic, threatening, vulgar, obscene, hateful, or otherwise be inappropriate;
• bully, insult, intimidate or humiliate;
• promote sexually explicit material; 
• include child sexual abuse material; 
• promote or incite violence or discrimination of any kind; 
• infringe any copyright, database right, trade mark or other intellectual property right of any other person;
• be likely to deceive any person;
• breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; 
• promote any illegal activity;
• be in contempt of court
• invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• impersonate any person, or misrepresent your identity or affiliation with any person;
• advocate, promote, incite any party to commit, or assist any unlawful or criminal act;
• contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
• contain any advertising or promote any services or web links to other sites.

The content standards must be complied with in spirit as well as to the letter. You warrant that any such contribution does comply with those standards.

Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us an irrevocable, perpetual, royalty-free, transferable, sub-licensable licence to use, store, reproduce, monetise, redesign, modify and copy that content and to distribute and make it available to third parties via any media, channel or format without your approval, notice or further payment to you. 

You also accept that other users of the Website may use any content which you upload to the Website and acknowledge that we shall have no control over such use. You therefore agree that we shall not be responsible nor liable for any other users’ use of your content. 

We also have the right to disclose your identity to any third party for any reason, including where, without limitation, a third party is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy, or is in breach of these Terms and Conditions. 

We have the right to remove any posting you make on our site if in our opinion, your post does not comply with the content standards set out in these Terms and Conditions. 

You are solely responsible for securing and backing up your content.

User-generated content is not approved by us

The Website may include information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us.

Do not rely on information on the Website

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

Indemnity

You acknowledge that you must comply with the responsibilities set out herein and that if you breach any of these Terms and Conditions you shall be personally liable to us or any third party that suffers harm as a result.

You agree to indemnify and keep indemnified us, our successors and assignors, our directors, trustees, offices, employees and agents from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us should you: 

• breach any of the content standards or other terms relating to your use of content on the Website as set out in these Terms and Conditions; 
• breach any of the prohibited uses set out in these Terms and Conditions; or
• introduce any viruses to the Website or assist any third party in the course of the same.  

Limitation of our liability

Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied. 

We will not be liable, under any circumstances, for the following types of loss or damage whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; 
• loss or damage to data; or
• any indirect or consequential loss or damage.

You accept and acknowledge that we are not responsible for nor are we liable for any loss or damage whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 

• your use, or inability to use, the Website;
• your reliance on any content displayed on the Website;
• your exposure to user generated content;   
• the accuracy, veracity or reliability of any content, opinion, advice or statement made or provided via this Website; 
• all activities that occur under your computer or device; 
• your use of any third party websites or links in the Website; 
• our disclosure of any information you submit to us; and 
• our use of any information you submit to us. 

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content from it, or from any Website linked to it.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance or, any of our obligations under these Terms and Conditions that is caused by an Event Outside Our Control (as defined in the paragraph below).

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications. 

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms and Conditions our obligations under these terms of use will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 

Linking to the Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice and you agree to take all necessary steps to remove any links to the Website following a request from us to do so. 

Third party website links & resources in the Website

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information your may obtain from them. 

We have no control over the contents of those sites or resources. Use of the such sites shall not be subject to the Terms and Conditions. 

We assume no responsibility for the content of websites linked to from the Website. We will not be liable for any loss or damage that may arise from your use of them.

Applicable law and jurisdiction

Please note that the Terms and Conditions, and its subject matter are governed by the law of England. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any disputes. 

Contacting us

If you have any questions about these Terms and Conditions or your use of the Website, you can contact us by e-mailing: support@commusoft.co.uk