Fuel Card Services Ltd
MyDriveSafe.Expert Terms and Conditions of Sale
Introduction to MyDriveSafe.Expert
MyDriveSafe.Expert allows your employees driving for business to perform daily vehicle checks on all of your company, grey or private vehicles. The online Portal provides reporting tools to check compliance with all major standards. Users (as defined below) can select one of the default checklists available for cars, vans, motorbikes, PCVs and HGVs or create a customised list especially to suit their requirements. Users can report vehicle defects to company owners / transport managers to enable timely repairs to be carried out.
MyDriveSafe.Expert has a Portal that lists all the Users (drivers) and vehicle registration numbers for each customer. The Portal stores all information gathered from Users providing the Company Manager (as defined below) with ideal management information to enable more efficient operation of the fleet and repair services.
MyDriveSafe.Expert helps keep your fleet on the move and allows you to identify business critical issues earlier, preventing escalating costs. The App records the time taken to perform the check and has a robust audit trail function. The system displays unresolved vehicle defects too as a prompt to relevant staff to take appropriate action. This provides additional visibility around health, safety and other legal obligations that can often trip up fleet operators.
Company Managers can access MyDriveSafe.Expert through Fuel Card Services’ MyFleetHub Portal, while vehicle Users access MyDriveSafe.Expert via the App. The App is available on the Apple App Store or Google Play Store and is free to download. There is a fee per user, per week for using the app. The prices can be found at www.fuelcardservices.com/tariff.
MyDriveSafe.Expert Terms and Conditions of Sale
The following Terms and Conditions govern your relationship with Fuel Card Services Ltd for the use of the MyDriveSafe.Expert App and Portal and Services related to the App and Portal from the Supplier.
- In these Terms and Conditions the following words, terms or expressions will have the following meanings:
“Account” means an open account with an active Direct Debit.
“App” means the MyDriveSafe.Expert application that can be downloaded from the Apple App Store or Google Play store and installed on to a user’s smartphone.
“Application Form” means the Supplier’s standard application form completed by the Customer and submitted by the Customer to the Supplier.
“Contract” means a contact between the Parties for the use of the Services entered into between the Customer and Supplier incorporating the Terms and Conditions.
“Controller” means the entity which determines the purpose and means of the Processing of Personal Data.
“Commencement Date” means the beginning of the first billing period.
“Company Manager” means the person chosen by the Customer who will have main administration rights to the MyDriveSafe.Expert Portal.
“Customer” means a body corporate, partnership or individual acting in the course of its business and in whose name the account is held and maintained and includes employees, sub-contractors or any other person acting on behalf of the Customer.
“Data Collection” means the App or Portal that can be used for obtaining, capturing and transmitting data along with the GPS location of the phone.
“Law” means all laws and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom, applicable to the Processing of Personal Data (including, but not limited to, GDPR, Data Protection Act 2018) under the Contract.
“Data Protection Document” means the relevant data protection documentation applicable to the specific Services purchased by the Customer, as updated from time to time and accessible via the Supplier’s webpage.
“Data Subject” means the identifiable person to whom Personal Data relates.
“GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 94/46EC (General Data Protection Regulation).
“Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“MyDriveSafe.Expert” is a brand name for the vehicle walk round product and platform that runs the Service provided by the Supplier.
“MyFleetHub” means the online Portal used by the Supplier to provide the Customer with access to their account data and additional products and services that the Supplier provides.
“Portal” means the online method of access to MyFleetHub and MyDriveSafe.Expert where Customers may use the MyDriveSafe.Expert system.
“Prices” means the price for the Services set out at www.fuelcardservices.com/tariff as agreed by the Customer and the Supplier.
“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Processor” means the entity which Processes Personal Data on behalf of the Controller.
“Services” or “Service” means the services as agreed with the Customer from time to time and set out in the relevant Application Form.
“Software” means the Supplier’s proprietary application software and third party licenced software where applicable in existence at the commencement of the Contract or developed as a product of the Services.
“Sub-Processor” means any Processor engaged by the Supplier or a member of Fuel Card Services Ltd.
“Supervisory Authority” means an independent public authority which is established by an EU Member State pursuant to the GDPR.
“Supplier” means Fuel Card Services Limited, a limited company incorporated in England and Wales having its registered office at Alexandra House, Redvers Close, Lawnswood Business Park, Leeds, LS16 6QY, registration number 02107821.
“Terms and Conditions” means the contents of this document.
“Users” or “User” means a person or employee of the Customer who is authorised by the Customer to use the MyDriveSafe.Expert Portal and / or App.
“Vehicle” means a unique vehicle registration number that is assigned to a vehicle and is used in the App and Portal for vehicle checking.
“Website” means the content (including all and any displayed materials and graphics such as databases, maps, photographs and other images) of the Supplier websites, Portals and Apps.
- Use of MyDriveSafe.Expert Portal and App by any of the Customer’s Users constitutes acceptance of the Terms and Conditions. Pre-contractual communications do not form part of the Contract. Where the Customer’s Account is a new application, the Supplier reserves the right to reject any application. Where the Customer has an existing Account with the Supplier, the Terms and Conditions apply alongside any contractual terms governing the Account provided that where there is a conflict the original terms governing the Account shall have priority.
- The Supplier may amend the Terms and Conditions from time to time. Changes to the Terms and Conditions will be communicated on invoices and on https://www.fuelcardservices.com/trade-terms-conditions/. The Customer is advised to check these regularly. Use of MyDriveSafe.Expert implies and constitutes acceptance of any amendment.
- The Supplier will charge a fee to the Customer for use of the MyDriveSafe.Expert product. The Prices are an amount per Driver per week. Other fees may also apply. Details of Prices will be published and available to the Customer from time to time at fuelcardservices.com/tariffs. The MyDriveSafe.Expert product is only available on a business to business basis.
- The Customer shall pay the Prices due, via Direct Debit, to the Supplier on the same payment terms that their Account is set up on. If the Customer does not have an Account then payment for MyDriveSafe.Expert will be taken on a monthly basis by Direct Debit or Credit Card in accordance with Prices.
- All Prices indicated in marketing material and on price lists or otherwise payable under the Contract are exclusive of all value added tax and other taxes and duties applicable to the sale, licencing, and supply of the Services which are payable by the Customer.
- If the Customer does not pay any amount properly due to the Supplier under or in connection with the Contract on or before the due date, the Supplier may claim interest and statutory compensation from the Customer pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
- Unless otherwise agreed in writing, all Prices can be changed by the Suppler upon giving the Customer 30 day’s written notice. The Customer should regularly check its invoices and fuelcardservices.com/tariffs for any changes to the Prices. Any changes to www.fuelcardservices.com/tariffs shall constitute notice of changes in accordance with this clause 3.5.
- The Customer shall make all payments properly due under a Contact without any deduction whether by way of set off, counterclaim, discount, abatement or otherwise.
- USE OF THE PRODUCT
- To request the MyDriveSafe.Expert Services, the Customer needs to contact the Supplier by telephone or email, or through the MyFleetHub Portal. On receipt of the request to set up the MyDriveSafe.Expert Services, the Supplier will add the Customer to the MyDriveSafe.Expert Portal. The Supplier will add the Company Manager as the contact for the Customer. The Customer will provide the Supplier with the name, email address and contact phone number of the Company Manager. The Company Manager will be sent a system generated email from the MyDriveSafe.Expert Portal. On receipt of the email the Company Manager will be asked to create a secure password. Passwords must be secure and created by using a mixture of characters, numbers and special symbols for added security. The Company Manager must remember the password and must not share it. Once the password is created, the Company Manager can have access to the MyDriveSafe.Expert Portal. In the MyDriveSafe.Expert Portal, the Company Manager can add and remove Users and vehicles. For each User that is added, the Company Manager must input a driver name, email address and vehicle registration number. The User will then receive an email which will allow them to download the App from the Apple App Store or Google Play Store.
- The App and Portal may only be used while the Customer has a valid Account with the Supplier.
- The Supplier may withdraw at any time the MyDriveSafe.Expert Services and stop the Customer from using it if the Supplier reasonably believes that the Customer is misusing the Services.
- To use the App and Portal, the Customer must have signed up to the MyDriveSafe.Expert Portal and App via: (i) the MyFleetHub Portal; and (ii) Google Play Store; or (iii) the Apple App Store. The Customer will be responsible for the correct setting up of Users and Vehicles on the Portal. All data added to the Portal and App must be accurate, up to date, truthful and not misleading.
- Users of the App must have an internet enabled eligible mobile device, which is connected to the internet. Users must use the most up to date version of the App that is available from either the Apple App Store or Google Play Store.
- Users may incur and are solely responsible for any charges from their mobile phone network operator for downloading the App and using the MyDriveSafe.Expert Services.
- A free version of MyDriveSafe.Expert can be downloaded at any time from the Apple App Store or Google Play Store. The free version contains only limited features.
- The App and / or Portal must not be used whilst driving on private or public roads throughout the UK. The Highway Code must be followed correctly for the use of mobile phones whilst driving.
- Security of the App and Portal is important to the Supplier. While the Supplier will take reasonable, appropriate measures, the Supplier cannot guarantee that the App and Portal will always be available, fault free and secure or that it will be free from viruses or other harmful programmes. You acknowledge that you are aware of, and accept this risk, including, without limitation, the risk that an unauthorised third party may gain access to your App and Portal which contains personal and confidential information and that the security of personal devices is the sole responsibility of the Customer.
- The Customer will not, and shall ensure any Users do not, use the App in any way that: (a) breaches any applicable law; (b) is unlawful or fraudulent; (c) intends to cause harm to any property or person; (d) bullies, intimidates or humiliates any person; (e) transmits, or procures the sending of, any solicited or unauthorised advertising or promotional material or any other form of spam; and (f) transmits as viruses, Trojan horses or any other harmful programmes.
- NO WARRANTY – CUSTOMER (AND THEIR USERS) ARE RESPONSIBLE FOR THEIR VEHICLES
5.1 The Supplier has used reasonable care and skill in compiling the content of the Services. However, the Supplier gives no warranty as to the accuracy or completeness of any information contained therein nor does the Supplier accept responsibility for any acts or omissions in reliance upon these Services. These Services are intended to be a guide only and no part is intended to be advice. All persons are advised to seek specialist advice on specific mechanical issues to ensure compliance with changes in the law or other regulations. To the extent permitted by applicable law, the Supplier, its affiliates and their and the Supplier’s employees, agents and consultants exclude all liability for any loss or damage, claims and expenses including but not limited to legal costs, indirect, special or consequential loss or damage (including but not limited to, negligence) arising out of the information in the materials. Where any law prohibits the exclusion of such liability, the Supplier limits its liability to the resupply of the Services.
- INTELLECTUAL PROPERTY RIGHTS
6.1 All Intellectual Property Rights in or arising out of or in connection with the Services (including data reports) shall be owned by the Supplier.
- In respect of any third party Intellectual Property Rights in the Services, the Customer’s use of any such Intellectual Property Rights is conditional on the Supplier obtaining a written licence from the relevant licensor on such terms as will entitle the Supplier to license such rights to the Customer.
- The Supplier owns all data (excluding Customer Data (as defined below)) generated by or related to the operation or performance of the Services (including the data reports).
- The Customer owns all data provided by or on behalf of the Customer to the Supplier in connection with the Services including user-generated content (the “Customer Data”). The Supplier may use this Customer Data, including the User’s name, email, phone number, vehicle registration number, and GPS location as required for the purpose of performing the Services.
- The Customer authorises the Supplier to retain and use a copy of the Customer Data, in anonymised aggregated form (such that the identity of the Customer and any Data Subject is not ascertainable) for the purpose of carrying out data analytics in relation to the Services and as otherwise necessary in order to develop new products and services (“Statistical Data”).
- The Customer hereby grants the Supplier a non-exclusive, royalty free, fully-paid, irrevocable, worldwide right and licence to access, review, analyse, use, manipulate, copy, and modify the Statistical Data for its own purposes, including but not limited to using the information to produce and distribute reports, analyses and data based upon the Statistical Data. The Supplier shall not use for its own purposes or disclose to any third parties any Personal Data. The foregoing restriction shall not apply to disclosures of Statistical Data and/or Personal Data that are:
- required by law in response to request from law enforcement authorities;
- made in connection with a court order or other similar demand;
- made in connection with a contemplated merger, acquisition or similar transaction;
- made to the Supplier’s affiliates or related companies; or
- made to the Supplier’s service providers for delivering the Services, on behalf of the Supplier.
- The Supplier owns or has obtained a valid licence to use all copyright, trademarks and other intellectual property rights in connection with the App and Portal. All rights of ownership over and in respect of the App and Portal (other than the right to use the App and Portal in accordance with these Terms and Conditions), will remain solely with the Supplier and/or its licensors (as the case may be).
- Any use of the App and Portal in any manner not permitted under these Terms and Conditions, including without limitation, resale, transfer, modification, or distribution of all or part of the App and Portal is prohibited.
- The Supplier is not required to provide any documentation, support, telephone assistance, or enhancements or updates to the App and Portal.
- The Customer shall indemnify and hold the Supplier harmless from all liabilities, costs, expenses, damages and losses suffered or incurred by the Supplier arising out of or in connection with: (a) any breach of clause 4.10; (b) any claim made against the Supplier for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Customer Data; and (c) any claim made against the Supplier by a third party arising out of or in connection with a breach of the Contract by the Customer.
- PERSONAL DATA
- The parties acknowledge and agree that with regard to the Processing of Personal Data, the Customer is the Controller, the Supplier is the Processor and that the Supplier will engage Sub-processors pursuant to the requirements regarding Sub-processors below.
- The Customer shall, in its use of the Services, Process Personal Data in accordance with the requirements of Law. For the avoidance of doubt, the Customer’s instructions for the Processing of Personal Data shall comply with Law. The Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which the Customer acquired Personal Data. In particular and without prejudice to any other obligations to comply with Law, the Customer shall take appropriate steps to ensure that any individual whose data rights may be affected by the Customer’s use of the Services has been made aware of the use of that Personal Data and the grounds under which the Customer uses that Personal Data.
- The Supplier shall treat Personal Data as Confidential Information and shall, except as otherwise required by the Law, only Process Personal Data on behalf of and in accordance with Customer’s documented instructions (including via email) for the following purposes: (i) Processing in accordance with the Contract; (ii) Processing initiated by any authorised Users of the Services; and (iii) Processing to comply with other documented reasonable instructions provided by Customer.
- The subject-matter of Processing of Personal Data by the Supplier is the performance of the Services pursuant to the Contract. The duration of the Processing, the nature and purpose of the Processing, the types of Personal Data and categories of Data Subjects Processed under the Contract are:
|Data Subject||Type of Data||Purpose of Processing|
|Company Manager||Name and contact details||Effective management of the Services and the Contract|
|User||Name, contact details, vehicle registration number and images of their vehicle and GPS location||Provision of the Services under the Contract|
- The Supplier shall, to the extent legally permitted, promptly notify the Customer if it receives a request from a Data Subject to access, correct or delete that person’s Personal Data or if a Data Subject objects to the Processing thereof or to exercise the Data Subject’s right of access, right to rectification, restriction of Processing, erasure (“right to be forgotten”), data portability, object to the Processing, or its right not to be subject to an automated individual decision making (“Data Subject Request”). The Supplier shall not respond to a Data Subject Request without Customer’s prior written consent except: (a) as required by the Law; and (b) to confirm that such Data Subject Request relates to Customer to which Customer hereby agrees. Taking into account the nature of the Processing, the Supplier shall assist the Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Customer’s obligation to respond to a Data Subject Request under Law. To the extent the Customer, in its use of the Services, does not have the ability to address a Data Subject Request, the Supplier shall upon the Customer’s request provide commercially reasonable assistance to assist the Customer in responding to such Data Subject Request, but only in so far as the Supplier is legally permitted to do so and provided that such Data Subject Request is exercised in accordance with Law and such response is required under Law. To the extent legally permitted, the Customer shall be responsible for any costs arising from the Supplier’s provision of such assistance.
- The Supplier shall ensure that its personnel engaged in the Processing of Personal Data are informed of the confidential nature of the Personal Data, have received appropriate training on their responsibilities and are bound by written confidentiality obligations. The Supplier shall ensure that such confidentiality obligations survive the termination of the personnel engagement.
- The Supplier shall take commercially reasonable steps to ensure the reliability of any the Supplier’s personnel engaged in the Processing of Personal Data.
- The Supplier shall ensure the Supplier’s access to Personal Data is limited to those personnel performing Services in accordance with the Contract.
- The Customer acknowledges and agrees that (a) the Supplier’s affiliates may be retained as Sub-processors; and (b) the Supplier and the Supplier’s affiliates respectively may engage third-party Sub-processors in connection with the provision of the Services. The Supplier or the Supplier’s affiliate has entered into a written contract with each Sub-processor containing data protection obligations not less protective than those in these Terms and Conditions with respect to the protection of Customer Data to the extent applicable having regard to the nature of the Services provided by such Sub-processor.
- Upon request, the Supplier shall make available to the Customer the current list of Sub-processors for the Services. The Supplier shall provide notification of a new Sub-processor(s) before authorising any new Sub-processor(s) to Process Personal Data in connection with the provision of the applicable Services. This can be found at https://www.fuelcardservices.com/privacy-policy/
- The Customer may object to the Supplier’s use of a new Sub-processor by notifying the Supplier promptly in writing within ten (10) business days after receipt of the Supplier’s notice in accordance with the mechanism set out in Section 12.4. In the event the Customer objects to a new Sub-processor, as permitted in the preceding sentence, the Supplier will use reasonable efforts to make available to the Customer a change in the Services or recommend a commercially reasonable change to the Customer’s configuration or use of the Services to avoid Processing of Personal Data by the objected to new Sub-processor without unreasonably burdening the Customer. If the Supplier is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, the Customer may terminate the Contract with respect only to those Services which cannot be provided by the Supplier without the use of the objected to new Sub-processor by providing written notice to the Supplier. The Supplier will refund the Customer any prepaid fees covering the remainder of the term of such cancelled Services (or part thereof) following the effective date of termination with respect to such terminated Services, without imposing a penalty for such termination on the Customer.
- The Supplier shall be liable for the acts and omissions of its Sub-processors to the same extent the Supplier would be liable if performing the services of each Sub-processor directly under the terms of the Contract, except as otherwise set forth in the Contract.
- The Supplier shall maintain appropriate technical and organizational measures for protection of the security (including protection against unauthorized or unlawful Processing and against accidental or unlawful destruction, loss or alteration or damage, unauthorised disclosure of, or access to, Customer Data), confidentiality and integrity of Customer Data, as set forth in the Data Protection Documentation. The Supplier regularly monitors compliance with these measures. The Supplier will not materially decrease the overall security of the Services during the term of the Contract.
- The Supplier shall, once in any twelve month period, allow the Customer or the Customer’s authorised representatives or agents to have access to the Supplier’s premises at all reasonable times in order to auditthe Supplier’s books and records related to this agreement. The parties agree that the Customer shall, when carrying out an on-site audit of the procedures relevant to the protection of Personal Data, take all reasonable measures to limit any impact on the Supplier and its Sub-Processors. Where the Supplier has obtained the third-party certifications and audits set forth in the Data Protection Documentation, upon Customer’s written request at reasonable intervals, and subject to the confidentiality obligations set forth in the Contract, the Supplier shall make available to the Customer that is not a competitor of the Supplier (or Customer’s independent, third-party auditor that is not a competitor of the Supplier) a copy of the Supplier’s then most recent third-party audits or certifications, as applicable. Such third party audits or certifications shall be in place of any Customer audit.
- Upon Customer’s request, the Supplier shall provide the Customer with reasonable cooperation and assistance needed to fulfil the Customer’s obligation under Law to carry out a data protection impact assessment related to the Customer’s use of the Services, to the extent the Customer does not otherwise have access to the relevant information, and to the extent such information is available to the Supplier. The Supplier shall provide reasonable assistance to the Customer in the cooperation or prior consultation with the Supervisory Authority in the performance of its tasks relating to the processing of data under these Terms and Conditions, to the extent required under Law.
- The Supplier maintains security incident management policies and procedures specified in the Data Protection Documentation and shall, notify the Customer without undue delay after becoming aware of the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Customer Data, including Personal Data, transmitted, stored or otherwise Processed by the Supplier or its Sub-processors of which the Supplier becomes aware (a “Customer Data Incident”). The Supplier shall make reasonable efforts to identify the cause of such Customer Data Incident and take those steps as the Supplier deems necessary and reasonable in order to remediate the cause of such a Customer Data Incident to the extent the remediation is within the Supplier’s reasonable control. The obligations herein shall not apply to incidents that are caused by the Customer or the Customer’s Users.
- The Supplier shall return Customer Data to the Customer and, to the extent allowed by Law, delete Customer Data in accordance with the procedures and timeframes specified in the Data Protection Documentation.
- Each Party agrees that for the duration of the Contract and for a subsequent period of three years they will at all times keep any Confidential Information of the other Party as confidential and shall not permit the same to be copied, used, disclosed or disposed of except in accordance with the Contract. The provisions of this section 8 shall not apply to Confidential Information which is already in the public domain or becomes so at a future date other than by breach of the Contract.
- The Contract may be terminated by either party at any time by giving not less than 30 working days prior written notice to the other party.
- The Supplier may deem the Contract terminated with immediate effect and without notice in the event that:
- the Customer breaches any of these Terms and Conditions;
- the Customer goes into, or is perceived by the Supplier as likely to enter into receivership, administration, bankruptcy, liquidation or similar proceedings or makes any arrangement with its creditors or any other event occurs which, in the opinion of the Supplier, may affect the ability of the Customer to comply with any or all of its obligations or meet any of its liabilities under these Terms and Conditions;
- the Supplier receives a credit reference (which the Customer hereby agrees the Supplier may carry out from time to time in relation to the Customer) which is, in the Supplier’s opinion, unsatisfactory;
- the Customer undergoes a change in control (where “control” means the ability, directly or indirectly, to direct the affairs of another (whether by means of ownership, contract or otherwise)). The Customer agrees to notify the Supplier not later than 2 weeks prior to any change in control of it occurring; or
- the Supplier receives notification from its insurers that credit insurance cover has been reduced or withdrawn from the Customer.
- The Contract shall automatically terminate upon the termination of any Contract the Customer may have with the Supplier for the provision of fuel cards or MyDriveSafe.Expert.
- CONSEQUENCES OF TERMINATION
Immediately upon termination of the Contract:
- the Customer shall stop using the MyDriveSafe.Expert Portal and App and the Service will be cancelled by the Supplier;
- the whole outstanding balance of the Customer’s account shall (at the Supplier’s discretion) become due and payable in full to the Supplier; and
- the right of the Customer to use the App and Portal shall terminate (but without prejudice to the Customer’s liability for the use of the Portal and App after termination or to the rights of the Supplier already accrued at the date of termination).
- If the Customer wants to cancel the MyDriveSafe.Expert Service under the Contract then this must be done in writing and an email sent to email@example.com stating the Customer’s account number and company name, or a letter sent to Fuel Card Services Ltd, Alexandra House, Lawnswood Business Park, Redvers Close, Leeds, LS16 6QY. Once the Customer has cancelled the Contract or the Contract has otherwise been terminated the Supplier will cancel access to the Portal with immediate effect. The Customer will no longer have access to the Portal. If the Customer wishes their Customer Data to be returned to them then they must confirm this in writing at the same time as the request to cancel the Service or notice of termination, as the case may be, the Customer’s data will then be securely sent to the Company Manager email address. A fee will be charged for this request. The Customer will be notified of the fee in advance of the data being returned to the Customer. If the Customer does not request the return of the data then all the data will be deleted completely from the Supplier’s system 12 months after the Contract was cancelled or terminated without any further notice to the Customer.
- Failure to cancel the Service will result in payment still being taken.
- The Supplier may cancel or suspend the Portal and / or App any time without notice and reserves the right to refuse to reopen the Service.
- Nothing in the Contract shall limit any liability which cannot legally be limited including liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and (c) breach of the terms implied by section 12 of the Sales of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
- Subject to clause 12.1 above, the Supplier’s total liability to the Customer and any User shall not exceed the lesser of: (a) Prices paid by the Customer; and (b) £100,000.
- MISCELLANEOUS CLAUSES
- Entire Agreement: The Contract constitutes the entireagreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract. Nothing in the Contract shall limit or exclude any liability for fraud.
- Jurisdiction and law: The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the lawsof England and Wales and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
- Third party rights: The Contract does not give any third party any rightsunder the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
- Notices: Any noticegiven to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case). Any notice shall be deemed to have been received: (a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; or (b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second business day after posting or at the time recorded by the delivery service. This section does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
Updated August 2019.