Terms of use
This agreement applies as between you, the User of this Web Site and My Site Induction, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“My Site Induction” means My Site Induction Limited of Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX;
“Service” means collectively any online facilities, tools, services or information that My Site Induction makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure that My Site Induction makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by My Site Induction and acting in the course of their employment; and
“Web Site” means the website that you are currently using (www.mysiteinduction.com & www.start.mysiteinduction.com).
Intellectual Property
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of My Site Induction, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by My Site Induction.
Services
My Site Induction service is offered through www.mysiteinduction.com. Subject to the terms and conditions in the Agreement, during the Agreement Term, My Site Induction hereby grants you limited, non-exclusive, non-transferable, non-sublicensable, worldwide, and revocable rights to access and use the Services solely for your internal business purposes. You agree your subscription to access and use the Services is not contingent on delivery of any future functionality or features or the delivery of any other services.
Account
In order to use our Service, you must 1) be at least eighteen (18) years old and able to enter into contracts; 2) complete the registration process; 3) agree to the terms and conditions set forth in the Agreement; and 4) provide true, complete, and up to date legal and contact information. If you sign up for My Site Induction on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
Agreement Term
The term of the Agreement (the “Agreement Term”) begins when you sign up for My Site Induction or first use the Services and continues as long as you use the Services.
Account and Password
The Services are provided to Customer via a dedicated account on the Website, pursuant to which Customer will create a unique user-id and password.
You’re responsible for keeping your user-id and password confidential. You’re also responsible for any use of any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts.
You are solely responsible for any losses, damages, fees or liability due to your lost, stolen, hacked or otherwise compromised user-ids and passwords.
We don’t have access to your current password, and for security reasons, we may only reset your password.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of My Site Induction or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Fees, Payments and Refunds
We provide both free (“Free plan”) and paid plans (e.g., Monthly, Yearly, Quarterly plan) services. Free plan and paid services are provided on per account basis.
All charges for the paid services (“Charges”) are posted on the Website, or otherwise set forth in the Agreement. You agree to pay for paid services according to these Terms. Charges paid by Customer are non-refundable.
The Services are a prepaid subscription service with monthly, yearly and quarterly payments as specified on the web site. Except to the extent otherwise set forth in an Order Form, the subscription automatically renews at the end of the paid period unless explicitly cancelled before the start of new billing period.
Monthly payments are due every 30 days starting from your first payment. Yearly payments are due every 365 days starting from your first payment. Quarterly payments are due every 90 days starting from your first payment. In case of an unsuccessful charge to credit card, we’ll automatically suspend paid features of your plan until your payment can be processed.
As long as you’re using paid services, you’ll provide My Site Induction’s third party payment processor with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, our third party payment processor is unable to process your credit card order, we’ll try to charge 3 more times in the next few days. Consecutive charge retries does not change and/or extend your monthly or annual renewal date.
We may introduce new or cancel existing paid services and features at any time and change pricing from time to time. You will be informed about any of the changes at least one month in advance via email and/or on our Website.
All prices for Services are calculated in GBP and your credit card will be charged in GBP. You are responsible for any taxes imposed on the Services except in cases where legislation requires us to collect the taxes.
Cancellations and Inactivity
Except as otherwise set forth in an Order Form, you or My Site Induction may terminate this Agreement at any time and for any reason without giving Notice to the other party. Termination of the agreement means that you will lose access to your account.
You do not have to explicitly cancel your subscription to paid services and auto renewal will not take place.
We may at any time terminate the Agreement if (a) you have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (b) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) the provision of the Services to you by us is, in our opinion, no longer commercially viable; or (d) we have elected to discontinue the Services (or any part thereof).
Once terminated, we may permanently delete your account and all the data associated with it.
If you do not log in to your account for 4 or more months, we may treat your account as “inactive” and may permanently delete the account and all the data associated with it.
If My Site Induction terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued.
Rights
Unless we expressly agree otherwise in the Agreement, all Software (as defined below), the Services, and all intellectual property rights associated with the Software and Services, are the sole and exclusive property of My Site Induction. Subject to your full and complete payment of all amounts due to My Site Induction therefor, to the extent My Site Induction provides you or your end users with visual, textual, and/or interactive works or materials, in any form, as part of the Services (individually and collectively, the “My Site Induction Content”), My Site Induction grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide, limited license to use the My Site Induction Content solely in connection with your use of the Services. You agree not to use, copy, remove, publish, distribute, perform or display any My Site Induction Content, or any portion thereof, in any other context or website or in connection with any other service. Except for the license granted in this Section this is an agreement for services and you are not granted any licenses under the Agreement. You will not take any actions inconsistent with our ownership of each of our rights in the Software and the My Site Induction Content.
In connection with the rights and licenses granted by My Site Induction under the Agreement, My Site Induction may provide you with user manuals, reference manuals, (collectively, the “Documentation”). My Site Induction is the sole and exclusive owner of all right, title and interest in and to the Documentation and all of the intellectual property rights associated with the Documentation.
You agree you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, Documentation, My Site Induction Content or data related to the Services (“Software”); (ii) remove any proprietary notices or labels from the Services or any Software; reproduce or copy the Software or the Services or any part thereof; (iii) modify, translate, or create derivative works based on the Services or any Software; (iv) copy, sell, license, sublicense, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services, the My Site Induction Content, or any Software; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; (vii) perform or publish any performance or benchmark tests or analyses relating to the Services or the use thereof; (viii) upload, link to or post any portion of the Software and/or the My Site Induction Content on a bulletin board, intranet, extranet or website; (ix) use or distribute the Software and/or the My Site Induction Content in violation of any applicable laws, regulations or export restrictions; (x) possess or use the Software in any format other than machine-readable format; (xi) use the licenses and rights granted under the Agreement to design, develop or distribute a commercial product or service that competes with the Services; (xii) circumvent or attempt to circumvent any technological measures designed to enforce certain limitations or instructions with respect to your use of the Services; (xiii) use the Services to send or store infringing, obscene, threatening, harassing, libellous, or otherwise unlawful or tortious material, including material harmful to children or violate of third party privacy rights; or (xiv) allow third parties to gain access to the Services or to otherwise use the Services in any manner other than as expressly permitted in this Agreement. My Site Induction reserves all rights in the Services not explicitly granted herein. If Customer uses the Services in any country within the European Union, the prohibitions set forth herein will not affect Customer’s rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
You acknowledge and agree that the Services, the Software, the Company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Software or the Services, are the property of the Company or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by My Site Induction or by other parties that have licensed their material to My Site Induction. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of My Site Induction. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. All ownership rights remain in My Site Induction or its third party suppliers, as the case may be.
You acknowledge and agree that any comments, ideas and/or reports provided to My Site Induction (“Feedback”) shall be the property of My Site Induction and you hereby irrevocably transfer and assign to My Site Induction such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.mysiteinduction.com without prior permission.
Privacy
For the purposes of applicable data protection legislation, My Site Induction will process any personal data you have provided to it in accordance Privacy Policy available on the My Site Induction website or on request from My Site Induction.
You agree that, if you have provided My Site Induction with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to My Site Induction and (2) that you have brought to the attention of any such third party the Privacy Notice available on the My Site Induction’s website or otherwise provided a copy of it to the third party. You agree to indemnify My Site Induction in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
Disclaimers
My Site Induction makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Warranties
To the maximum extent permitted by law, we provide the Services as is and as available. That means that except to the extent expressly set forth in the Agreement, we don’t provide warranties of any kind, either express or implied, including, but not limited to, we may use or disclose your materials only as we describe in these Terms and our Privacy Policy, non-infringement, title and fitness for a particular purpose or use. We do not warrant the Services will meet your requirements nor do we provide any warranty about results that may be obtained by using the Services. The Services may rely on third party software and hardware, and we make no representations, promises or guarantees regarding third party software and hardware. My Site Induction does not warrant the Services will be uninterrupted or error-free. The Services are not intended to replace your professional skills or judgment.
From time to time down-time, either scheduled or unscheduled, may occur. My Site Induction will work within reason to ensure this amount of down-time is limited. My Site Induction will not be held liable for the consequences of any down-time.
My Site Induction cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release My Site Induction entirely of all responsibility for any consequences of its use.
Availability of the Web Site
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.
My Site Induction accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, My Site Induction accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts My Site Induction’s liability for death or personal injury resulting from any negligence or fraud on the part of My Site Induction.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@mysiteinduction.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and My Site Induction shall be governed by and construed in accordance with the Law of England and Wales and My Site Induction and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
