PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Please read these Terms carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.
By using our site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our site, or our Services.
Our site is aimed at businesses only and is currently only intended to provide information and services relevant to England and Wales. You should not use our site or Services unless you intend to use it for business purposes or if your business is based outside England and Wales.
In these Terms:
You means the person using our site and/or our Services for the purpose of asset compliance or to make use of the resources on our site and your relates to you;
Services means the following services, as varied from time to time, and such other services as are set out on our site from time to time:
– provision of guidelines, informational materials and videos;
– provision of an cloud-based document repository for your asset compliance documentation;
– provision of an online calendar for you to schedule asset compliance tasks and obligations.
Subscription Fee means the annual charge set out on our site for the use of our Services;
Subscription Term means the period in respect of which a Subscription Fee has been paid;
User Subscription means the user subscription purchased by you under the section titled “Clauses & Payment” which entitles you to make use of the Services during the Subscription Term in accordance with these Terms.
Confirmation Page means your written document provided by us upon confirmation of your order of the Services.
Other applicable terms
The following additional terms also apply to your use of our site:
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
Information about us
iamcompliant.com is a site operated by iAM Compliant Limited (“We”). We are registered in England and Wales under company number 08087062 and have our registered office at Steam Mill Business Centre, Steam Mill Street, Chester, Cheshire CH3 5AN.
Changes to these terms
We may revise these Terms at any time by amending this page. Please check this page from time to time for any changes, as they are binding on you.
Changes to our site and Services
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We may alter, remove or add to our Services at any time by changing the scope of the Services set out on our site.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Where you do not have a User Subscription, access to our site is permitted on a temporary basis only and we may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site and to use our services.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
We shall, during the Subscription Term, provide the Services to you on and subject to these Terms.
We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for:
– planned maintenance carried out during the maintenance window of 10.00 pm to 2.00 am UK time; and
– unscheduled maintenance performed outside our normal business hours.
We may, at our discretion and without any obligation whatsoever, provide certain access to the Services free of charge provided that we reserve the right to suspend or terminate such access at any time and without notice and/or to require payment of the Subscription Fee for further use of any such Services.
We undertake that the Services will be performed or provided with reasonable skill and care.
The undertaking of the above shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to our instructions, or modification or alteration of the Services by any party other than us or our duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, we will, at our expense, use reasonable commercial endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes your sole and exclusive remedy for any breach of the undertaking set out in the above. Notwithstanding the foregoing, we:
– do not warrant that your use of the Services will be uninterrupted or error-free; or that the Services, and/or the information obtained by you through the Services will meet your requirements; and
– are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
– comply with all applicable laws and regulations with respect to its activities under these Terms;
– carry out all other of your responsibilities set out in these Terms in a timely and efficient manner;
– obtain and shall maintain all necessary licences, consents, and permissions necessary for us, our contractors and agents to perform their obligations under these Terms, including without limitation the Services;
– ensure that its network and systems comply with the relevant specifications provided by the Supplier from time to time; and
– be solely responsible for procuring and maintaining our network connections and telecommunications links from our systems to our data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
Charges and payment
Upon the start of your User Subscription, you will receive one-month free trial (hereinafter ‘Trial Period’) for the use of our site. During the Trial Period, you will have full access to our site and you may cancel your subscription at no cost. During the Trial Period, you may select your Subscription Term for the use of the User Subscription following the Trial Period at which time, we will send you an invoice for the Subscription amount. You shall pay the Subscription Fees to us within THIRTY DAYS of the User Subscription commencement date by credit card or by such other method of payment as we shall reasonably require.
If we have not received payment by the next day following the THIRTY DAYS of the User Subscription commencement date, and without prejudice to any other rights and remedies, we may, without liability to you, disable your password, account and access to all or part of the Services and we shall be under no obligation to provide any or all of the Services while the payment concerned remains unpaid.
All amounts and fees stated or referred to in these Terms:
– shall be payable in pounds sterling;
– are non-cancellable and non-refundable;
– are inclusive of value added tax.
If, at any time whilst using the Services, you exceed the amount of disk storage space specified on our site, we shall charge you, and you shall pay within 5 days of our invoice, our then current excess data storage fees.
We shall be entitled to increase the Subscription Fees and/or the excess storage fees payable at any time by putting details on our site.
You will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services, provided that:
– you are given prompt notice of any such claim;
– we provide reasonable co-operation to you in the defence and settlement of such claim, at your expense; and
– you are given sole authority to defend or settle the claim.
Use of our site and our services
You may use our site and our Services for any of the following purposes:
– for information with regard to your business’ facilities’ requirements and obligations and your asset compliance obligations;
– to maintain an online record of your asset compliance obligations and their current status on a personal asset compliance area;
– to keep a record of relevant asset compliance dates and to schedule tasks; and
– for such other purposes as we permit from time to time.
You must not use any part of our site or our services for commercial purposes other than for your own asset compliance. In particular (but without limitation), you may not sell, resell, license, transfer or otherwise deal in any of the content of our site (including without limitation, our videos or information, or other asset compliance materials) without our express permission.
One User Subscription entitles you to use the Services in respect of one business only. If you wish to use the Services in respect of more than one business, you must purchase additional User Subscriptions.
Your account and password
You agree to keep confidential your user name and password and not to disclose it to any third party.
We have the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us at firstname.lastname@example.org
Intellectual property rights
Except as set out in the following paragraph, we are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
You will own all right, title and interest in and to all of the data which you upload to our site and you will have sole responsibility for the legality, reliability, integrity, accuracy and quality of this data.
You may print copies, and may download extracts, of any pages from our site for your own asset compliance use, but not otherwise or further. In particular, you may not provide or supply any of our site or Services to any other person.
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 our site must always be acknowledged.
No reliance on information
The content on our site is provided for general information only. In particular (but without limitation), any description of any law, regulation, rule or statement of best practice is a summary only. It is not intended that you should rely on any such information or advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site (and in particular the informational resources relating to your asset compliance obligations), we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
This clause sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you arising under or in connection with these Terms or the Services.
Except as expressly and specifically provided in these Terms:
– you assume sole responsibility for results obtained from the use of the Services by you, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Services, or any actions taken by us at your direction;
– all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and
– our site and the Services are provided to you on an “as is” basis.
Nothing in these Terms excludes our liability:
– for death or personal injury caused by our negligence; or
– for fraud or fraudulent misrepresentation.
Subject to the above clauses:
– we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under or in relation to these Terms or the Services; and
– our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the total Subscription Fees paid (if any) during the 12 months immediately preceding the date on which the claim arose.
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 our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Your data is uploaded to, and stored on, servers owned and operated by third parties. We will not be responsible or liable for any loss or damage caused to you by reason of the act or omission of any such third party and we make no warranty as to, and shall not be liable in respect of, the availability, stability, integrity or otherwise of such third party servers.
We do not make any checks on any service providers listed or referred to on our site and accordingly we make no warranty or recommendation as to, and assume no responsibility for, any service provider, the accuracy and completeness of the data contained on our site relating to service providers or their competence and capability, or any service provided to you.
Term and termination
This Agreement will commence upon the date of electronic signature and will continue for a duration specified in the Confirmation Page and thereafter automatically renew for consecutive periods of one year until terminated by either party by not giving less than 1 months written notice.
Without affecting any other right or remedy available to it, we may suspend or terminate (at our discretion) your use of the Services with immediate effect by giving written notice to you if:
– you fail to pay the Subscription Fee as agreed in ‘Charges and Payment’ or where another sum is due, within 5 days of the due date for that payment; or
– you commit a material breach of any other term of these Terms which breach is irremediable or (if such breach is remediable) fail to remedy that breach within a period of 10 days after being notified in writing to do so;
– you repeatedly breach any of the terms of these Terms in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to these Terms.
On suspension or termination of your use of the Services for any reason:
– all licences granted under these Terms shall immediately terminate;
– we may at our discretion block access to, destroy or otherwise dispose of any of your data in our possession or stored on our servers; and
– any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
We shall have no liability to you under these Terms if we are prevented from or delayed in performing our obligations under these Terms, or from carrying on your business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of We or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that you are notified of such an event and its expected duration.
Whenever you upload content to our site, or to make contact with other users of our site (including service providers), you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such upload complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
Except for information uploaded to your asset compliance portal, any content you upload to our site 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 a limited licence to use, store and copy that content and to distribute and make it available to third parties the extent necessary or desirable for us to provide our services and/or operate our site.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
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 our Acceptable Use Policy.
We do not guarantee that our site will be secure or free from bugs or viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 site will cease immediately.
Linking to our site
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.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out in these Terms, please contact email@example.com
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Rights and remedies
Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
These Terms, and any documents referred to in them, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
Each of the parties acknowledges and agrees that in entering into these Terms it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these Terms or not) relating to the subject matter of these Terms, other than as expressly set out in these Terms.
You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.
We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.
No partnership or agency
Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
Third party rights
These Terms do not confer any rights on any person or party (other than the parties to these Terms and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
Any notice required to be given under these Terms shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the other party at its usual business address, or such other address as may have been notified by that party for such purposes, or sent by email to the other party’s email address.
A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by email shall be deemed to have been received at the time of transmission (as shown by the timed printout obtained by the sender).
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
To contact us, please email firstname.lastname@example.org.