1. About this Website and System
The Connect website and system is owned and operated by Galactic
Experience Ltd. References in these terms and conditions to “Connect”, “us” or
“we” are references to Galactic Experience Ltd.
Your use of the services, information text, graphics and materials
provided via or on the Connect Website and or the Connect system (“Material on
this Website/System”) are governed by these Terms of Use and our Privacy
Policy. By using this website, you agree to be bound by these Terms of Use and
accept our Privacy Policy.
2. Links from Other Websites
You may also be using the Connect website as part of a link from another
website, or a window or frame in that other website. Regardless of the
appearance of the site, your transaction occurs with, and payment is processed
by, Connect, subject to the terms and conditions outlined below.
3. Privacy
Your privacy is very important to Connect. Please read our Privacy
Policy for details on how we collect and handle your personal information.
4. Availability of the Connect Website and System
4.1. As electronic services are subject to interruption or breakdown,
access to the Connect Website and system is offered on an “as is” and “as
available” basis only.
4.2. You are responsible for ensuring that you have alternate
contingency plans in place to enable you to take orders or transactions should
the Connect Website and System be unavailable.
4.3. Connect may impose limits or restrictions on the use you may make
of the Connect Website. Power Diary may withdraw the Power Diary Website at any
time and with 30 days’ notice.
5. Connect Product Information and Acquisition of Products and Services
5.1. The Connect Website contains both information of a general nature
about Connect’s products and services (the “Products”).
5.2. Where the Connect Website enables you to sign-up to the Products:
We may enter into a binding contract for the provision of the Products through
a process in which Connect receives an electronic online form via the Connect
Website and you electronically communicate your acceptance via tick box of that
offer on the online form and submitting via the Connect Website;
Connect may act on and process all completed electronic instructions,
messages, requests or communications issued or transmitted to Connect via the
Connect Website (each an ‘Electronic Instruction’) without further confirmation
from or reference to you; and
Connect may treat an Electronic Instruction as authentic and is under no
obligation to investigate the authenticity or authority of persons issuing or
transmitting such Electronic Instruction, or to verify the accuracy and
completeness of such Electronic Instruction.
5.3. You must be the account or credit card holder for any Products
which you attempt to acquire via the Connect Website.
5.4. Creating a binding contract with Connect via the Connect Website is
a two-step process:
The first step is to complete the online “new client” form. Upon
completion, the form will be sent to the Connect admin team for processing.
Step two will be the payment of hardware, set-up and up-front fees
agreed with the Connect representative.
5.5. You acknowledge that the transmission of your acceptance through an
Electronic Instruction may not be received by Connect in accordance with this
clause for reasons beyond either parties’ reasonable control including, but not
limited to, mechanical, software, computer, telecommunications or electronic
failure. You further acknowledge that, to the extent permitted by law, Connect
is not liable to you or your clients in any way for any loss or damage at all
and however caused, arising directly or indirectly in connection with the use
of Connect in any way.
5.6. Connect may issue a paper confirmation of the Products acquired by
you. The existence of a binding contract is not conditional on Connect issuing,
or you receiving, a paper confirmation of the transaction.
5.7. Connect may at its discretion refused to accept a new Account,
close any Account, or refuse to provide service to a former client or any other
user. The reasons for this include; but are not limited to circumstances where
a client has currently or in the past attempted to circumvent Connect security
measures, has misused their account, have used or attempted to use their
account for unlawful purposes or for any other reason.
6. Payments
6.1. All payments for any Hardware and Services must be made in full by
clear funds before the signup will be accepted, processed and acted on by
Connect.
6.2. Unless provided for otherwise, all payments referred to in 6.1
above are to be made by credit card issued in your name (Visa or MasterCard) or
via Direct Debit from your nominated account. You must therefore provide
Connect with all required credit card and/or bank account details. Connect may
securely store your credit card number for security and verification purposes,
or as part of your ongoing payment if you request Connect to do so.
6.3. Unless otherwise arranged, payments related to the use of Connect
are to be paid automatically using your nominated bank account (via Direct
Debit) or credit card. All invoices are due on the first day of each calendar
month for the month ahead unless other terms have been agreed upon in writing
by Connect. Additional charges may be applied for any accounts not processed
automatically using the direct debit or auto-payment system, unless the payment
failure was due to an error caused by Connect. Invoices one week or more
overdue may result in additional charges being applied and notices being placed
on your Connect account to remind users that payment is overdue. Accounts that
remain unpaid for an extended period may also be subject to access restrictions
and/or full suspension of services until payment is made.
7. Prices and Invoice Errors
7.1. Connect endeavours to ensure that all invoices are accurate and
correct. Connect reserves the right to adjust any fees, charges or prices as
necessary, even if the Products acquired have been paid for in full, to reflect
such cost increases passed onto Connect.
7.2. Connect reserves the right to correct any errors in fees, charges,
rates or prices quoted or billed, even if the Products acquired have been paid
for in full.
8. Cancellation Charges and Alterations
Connect reserves the right to charge you a fee for each alteration,
variation or update to a Service requested. Connect will inform you in advance
if a charge will apply for any variations you request.
9. Refunds for Unused Services
9.1. Connect will not issue you with a refund for any pre-paid service
other Products which are not used or utilised for any reason, including for
reasons beyond your control such as illness, strikes, natural or manmade
disasters or acts of God.
9.2. All upfront payments for set-up and monthly fees are non-refundable
and if cancellation is given will be used for towards work done.
10. Warranties
Whilst every effort has been made to ensure that information is free
from error, Connect does not warrant the accuracy, adequacy or completeness of
Material on the Website or System. All information is subject to change without
notice. Connect does not guarantee that the Connect Website or any third-party
websites will be free from viruses, or that access to the Connect Website will
be uninterrupted. All terms implied by law, except those which cannot be
lawfully excluded, are excluded.
11. Limitation of Liability
11.1. Subject to any responsibilities implied by law and which cannot be
excluded, Connect, and its directors, employees, agents and contractors, are
not liable to you or your clients for any losses, damages, liabilities, claims
and expenses (including but not limited to legal costs and defence or settlement
costs) whatsoever, whether direct, indirect or consequential, arising out of or
referable to the services provided through the Connect Website, System, any
Material on this Website, any third party material, or from access to the
Connect Website by you, howsoever caused, whether in contract, tort including
negligence, statute or otherwise.
11.2. The liability of Connect for breach of a condition or warranty
implied by law, and which cannot be excluded, is limited, to the extent
possible and at Connect’s option, to the supply of the goods or services again,
the repair of the goods, or the payment of the cost of having the goods or
services supplied again or repaired.
11.3. Connect does not accept any liability for a confirmed order that
is not available at arrival time due to clerical or administrative errors on
the part of you or your staff.
12. Indemnity
You indemnify and hold harmless Connect in respect of all liability
incurred by Connect for any loss, damage, cost or expense, howsoever caused,
suffered or incurred by Connect as a result of your breach of these Website
Terms of Use, or your use of the Connect Website, System or any Material on
this Website.
13. Copyright and Trademarks
13.1. Copyright in the Material on this Website is owned or licensed by Connect.
13.2. Except where necessary for and incidental to viewing the Material
on this Website via your web browser, or as permitted under the Copyright Act
1968 (Cth) or other applicable laws, no Material on this Website may be copied,
reproduced, stored in an electronic or other retrieval system, adapted,
uploaded to a third party location, framed, performed in public or transmitted
in any form by any process whatsoever without the specific written consent of
Connect.
13.3. Third party trademarks are trademarks of the respective third
parties.
14. Use of the Connect Website/System
14.1. You must not use any robot, spider, other automatic device or
manual process to monitor, copy or extract any web pages on the Connect Website/System,
or any of the content contained within, without Connect’s prior written
permission;
14.2. You must not use any device, software or routine to interfere or
attempt to interfere with the proper working of the Connect Website/System or
any transaction or process being conducted on or through it;
14.3. You must not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Connect
Website/System; and
14.4. You must not reverse engineer, reverse assemble or otherwise
attempt to discover source code or other arithmetical formula in respect of the
software underlying the infrastructure and processes associated with the
Connect Website/System.
15. Termination
15.1. These Terms of Use and your access to the Connect System may be
terminated at any time by Connect with 30 days’ notice to you. All
restrictions, indemnities and licences granted by you, and all disclaimers and
limitations of liability by Connect, will survive termination. However, upon
termination, you will no longer be authorised to access the Connect System.
15.2. All data held by Connect can by written request to
[email protected] be supplied in a CSV format for you to meet all
legal requirements of holding customer and transaction data.
15.3. If you wish to cancel your services, you must give 30 days’ notice
in writing by email [email protected]thisisconnect.co.uk. For avoidance of doubt any
fees due within the notice period must be paid and services will stop at the
end of the time paid for.
15.4. No fees paid will be refunded at any time.
16. Acceptance and Changes to Terms
16.1. You acknowledge and accept that your use of the Connect
Website/System indicates your acceptance of these Terms of Use and the Privacy
Policy.
16.2. These are the current Terms of Use. They replace any prior terms
of use for the Connect Website/System agreed or published on the Connect
Website to date.
16.3. Connect may at any time vary the Terms of Use by publishing the
varied Terms of Use on the Connect Website. Connect is under no obligation to
specifically notify you of any variation to these Terms of Use. You accept that
by publishing the varied Terms of Use on the Connect Website, that Connect has
provided you with sufficient notice of the variation. By your use of the
Connect Website/System after any variation, you are taken to have accepted and
assented to the new Terms of Use.
17. General
17.1. All prices listed on the Connect Website are in Great British
Pounds, unless otherwise indicated.
17.2. This agreement, the Connect Website/System, and the acquisition of
products and services via Connect, are governed by Scottish Law.
17.3. You irrevocably submit to the exclusive jurisdiction of the courts
of Scotland, and courts of appeal from them, for determining any dispute
concerning this agreement, the Connect Website/System, or the acquisition of
products and services via Connect.
17.4. You irrevocably waive any objection to the venue of any legal
process on the basis that the process has been brought in an inconvenient
forum.
17.5. Should any clause or part thereof of these Terms of Use be found
to be void, unenforceable or invalid, then it is severed from this agreement,
leaving the remainder in full force and effect, provided that the severance has
not altered the basic nature of this agreement.
18. Terms-of-Use Specific to GDPR
To the extent that Connect acts as a “Processor” to you as a
“Controller”, in relation to your Data originating from the EEA, the following
terms apply and form part of your agreement (“Agreement”) with us regarding the
use of Connect.
(For definition of these terms under the GDPR see www.eugdpr.org/)
19. Compliance with your Instructions
Connect may only process Personal Data in connection with its
performance of Services pursuant to the Agreement, or as otherwise instructed
by you or required by applicable law. If we receive an instruction by you that
in our view may be illegal or contradict the GDPR we will inform you in a
timely manner.
The subject-matter, duration, nature and purpose of the Processing,
types of Personal Data and categories of individuals will be the same as for
the relevant Services to which the Processing relates. Connect may aggregate or
anonymise your Data for the purpose of product or service improvements, data science
and reporting.
20. Security
Connect has implemented and continues to maintain commercially
reasonable technical and organisational measures for the Connect Services that
are designed to protect Personal Data against accidental or unlawful
destruction, loss, alteration, disclosure or access. Connect will notify you of
a data security incident per the requirements of the GDPR.
21. If you are Audited
Upon your request, up to once a year, Connect will assist you in
gathering the information needed, this will consist of data extracts in CSV
format to allow you to meet your legal requirements for audit purposes.
22. Receiving Assistance from Us
Connect will provide you reasonable assistance to allow you to
demonstrate your compliance with obligations pursuant to this Agreement in
respect of notifying Personal Data Breaches to a Supervisory Authority and
individuals and conducting Data Protection Impact Assessments.
23. If we receive an Individual Request
Connect will notify you of requests received directly from individuals
in relation to the processing of their Personal Data, unless prohibited from
doing so under applicable law. Connect may, but is not required to, acknowledge
receipt of such request and ask additional questions to determine the identity
and nature of the request, or may refer such request and individual to you
directly, and provide you with reasonable assistance in meeting the request in
a timely manner.
You are solely responsible for providing any necessary notices to, and
obtaining any necessary consents from, individuals with respect to the
Processing of Personal Data pursuant to this Agreement.
24. Sub-Processors we might Use
You agree that Connect may use Sub-Processors to assist Connect in
Processing Personal Data for the performance of the Services, provided that:
Connect imposes no less stringent duties on such Sub-Processors
regarding security and confidentiality of Personal Data as those set out in
this Agreement
Connect remains responsible to you for the performance of the relevant
Services by the Sub-Processor.
Connect maintains a list of such Sub-Processors, and provides you with
reasonable notice of any addition of Sub-Processors. In order to receive such
notice, you may be required to sign up to a notification procedure. You accept
to sign up to such procedure if so requested and that your failure to do so may
result in missing the deadline to object to new Sub-Processors. You may within
five (5) business days of receiving a notice, object to the involvement of such
new Sub-Processor in the delivery of the relevant Services through providing
notice (via email to [email protected]) of objective justifiable
grounds related to the ability of such Sub-Processor to protect the Personal
Data or comply with data protection requirements applicable to Sub-Processor.
In the event that the objection is not unreasonable, the Parties will work
together in good faith to find a solution to address such objection within five
(5) business days, including but not limited to reviewing additional
documentation supporting the Sub-Processors’ compliance or trying to make the
Services available without the involvement of such Sub-Processor.
25. Return and Deletion of Personal Data
Upon termination or expiration of the Services, Connect will make
available to you Personal Data maintained by Connect for a duration of three
(3) months to allow you to retrieve where reasonably technically feasible your
Personal Data in a commonly used format set out by Connect. After such period,
Connect may destroy or otherwise render inaccessible, at our discretion, such
Personal Data from the production environment of the Services, except as may be
required by law. Actions set out in this section are at your sole cost.
26. Changes
We may make changes to this Agreement from time to time as necessary to
reflect changes in our business or legal and regulatory requirements. Changes
we make will become effective when we publish a modified version of the
Agreement on our websites. If you continue using the Services after any
changes, it means you have accepted them. If you do not agree to any material
changes, you must stop using the Services, and you can terminate your account
by emailing [email protected]
