Terms and conditions of use

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Piford Software, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Piford Software and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Piford Software and accessing the Website in connection with the provision of such services.

Intellectual property and acceptable use

  1. All Content included on the Website, unless uploaded or provided by Users, is the property of Piford Software, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
  2. You may, for commercial use only, do the following:
    1. retrieve, display and view the Content on a computer screen
    2. share content with third parties that is produced as part of the website service and functionality
  3. With the exclusion of 2b above, you must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Piford Software.
  4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
  5. You represent and warrant that you own or otherwise control all the rights to the Content you create; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Piford Software for all claims resulting from Content you supply.
  6. Where content is uploaded to the website by the user, the user will grant a licence for Piford Software to use that content for the delivery of the website services.
  7. The user has no intellectual property rights or copyright in respect of content that is produced and uploaded by Piford Software, its partners or affiliates for the delivery of the services. Such content may be used by Piford Software, its partners and affiliates with other clients and customers.

Prohibited use

  1. You may not use the Website for any of the following purposes:
    1. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
    2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

  1. You must ensure that the details provided by you on registration or at any time are correct and complete.
  2. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
  3. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
  4. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Licence key, password and security

  1. When an account is created on nuttshell.works you will be provided with a licence key, which you should keep confidential and not disclose or share with anyone.
  2. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
  3. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

Links to other websites

  1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Piford Software or that of our affiliates.
  2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
  3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy

  1. Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy visit nuttshell.works/privacy.

Availability of the Website and disclaimers

  1. Any online facilities, tools, services or information that Piford Software makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Piford Software is under no obligation to update information on the Website.
  2. Whilst Piford Software uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
  3. Piford Software accepts no liability for any disruption or non-availability of the Website.
  4. Piford Software reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

  1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
  2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
  3. Piford Software use cloud storage services and will not be held responsible for the loss of data caused by a cloud storage provider.
  4. To the maximum extent permitted by law, Piford Software accepts no liability for any of the following:
    1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    2. loss or corruption of any data, database or software;
    3. any special, indirect or consequential loss or damage.

Governing Law

  1. These terms and conditions are governed by and construed in accordance with the laws of England and Wales.
  2. Any dispute you have which relates to these terms and conditions, or your use of nuttshell.works will be subject to the exclusive jurisdiction of the courts of England and Wales.

General

  1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
  2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
  3. These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
  4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
  5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
  6. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  7. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Piford Software details

  1. Piford Software is a company incorporated in England and Wales with registered number 11311944 whose registered address is Sunderland House, Sunderland Street, Macclesfield, Cheshire, SK11 6JF and it operates the Website nuttshell.works. The registered VAT number is 306 5374 13.

You can contact Piford Software by email on privacy@nuttshell.works.

October 2018