Authenticate - Terms and Conditions
AUTHENTICATE – USER AGREEMENT
We provide you with the opportunity to provide information about your Organisation to other users, to request information from other users, to use any of our templates, to use data about any of the Organisations which we provide and use the Services which may be provided from time to time on the website. Notwithstanding anything contained herein to the contrary, we retain the right to withdraw or amend the website or any of the services or material we provide, in our sole discretion without notice. We shall not be liable if for any reason all or any part of the site is unavailable at any time or for any period.
When you register on our site for the use of our services, you agree to provide true, accurate, current and complete information about yourself and your Organisation as required by our registration application and will keep this information true accurate and complete. You further agree that you are not in violation of any trade secret or confidentiality agreement and otherwise have the right to provide any information you submit to the site about your Organisation. You further agree that you have the authority to create the account on behalf of the Organisation for which you submit registration information. You agree to provide accurate data and information when using the site and will not use the services or access the site with malicious intent. If you do not comply with the foregoing conditions or any of the terms and conditions set out in this user agreement, we have the right to suspend or terminate your Organisation’s account and refuse any and all current or future use of our services.
If you sign up to our paid services, you agree you or your Organisation will pay the subscription fees associated with the service as well as any applicable taxes. You will provide your Organisation’s billing information by fully completing the online form at the time you agree to subscribe. We will send your Organisation an invoice, which will be payable within 30 days of receipt. If payment is not received within 30 days, your account will be suspended or cancelled, and you will have no access to the site or services.
You or your Organisation have the right to terminate your subscription at any time. Subscription fees are non-refundable, except where required by law. If you pre-pay for a subscription, you are agreeing to pay for the entire subscription period (usually for a full year) and the charges will apply even if you terminate your account before the end of the subscription period. If you no longer wish to receive any paid services, it is you or your Organisation’s responsibility to cancel your subscription. If you do not cancel your subscription, we will continue to invoice your Organisation on each anniversary of your original subscription date at the then prevailing price for the Services which we provide you.
Following termination, other users will continue to have the rights to use content and information provided up to the date of termination to the extent it has been shared prior to termination. Your Organisation profile page may remain on the Authenticate website and Directory.
Termination shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement that existed at or before the date of termination or expiry.
MEMBERSHIP AND RESTRICTIONS
When you register on our site, you shall be provided with a non-exclusive, non-transferable, worldwide licence to use the services provided on the site. Your username and password are kept as part of our security procedures. You must treat this information as confidential and must not disclose it to any other person or entity. You acknowledge that your account is personal and you agree not to provide it to any other person You agree not to input, store or distribute any material during the course of use of the services that is unlawful, harmful, threatening, defamatory, obscene, infringing of any third-party rights, harassing, racially or ethnically offensive or is otherwise illegal or causes damage or injury to any person or property. You agree not to copy, modify, license, sell, transfer, assign, distribute, display, disclose, commercially exploit, or otherwise knowingly make the services available to any third party. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the services. You agree not to extract or use contact details (email address or postal address) within the services for general marketing purposes.
OWNERSHIP OF DATA
When you submit data or complete tasks through the site, you shall own all right, title and interest in and to any data created and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of it. You acknowledge that we do not operate or exercise control over, nor accept any responsibility for its accuracy. You agree that we shall have unlimited and unconditional right to distribute, communicate, display the data to make it available to other users to the extent it is necessary to provide our services. Where you use any of our expert templates, you grant to us a non-exclusive, worldwide licence to access and publish your data to create analytics, benchmarks, trends and other statistical analysis derived from the it, provided it does not identify the source and will only be published in direct form where you have given express permission to do so.
NO WARRANTY AND LIMIT OF LIABILITY
We make no representation or warranty about the services, including any representation that the services will be uninterrupted or error free and provide the services on an ‘as is’ and ‘as available’ basis and reserve the right to change the services without notification.
We shall not be liable for any indirect, incidental, loss of data, reputation, profits or revenues related to the services to the fullest extent permitted under applicable law. In no event shall we be liable for any losses arising from the submission of incorrect, out of date or misleading data provided by any user of the website or its services.
Each party agrees that during the term of this agreement they will keep confidential all information of a confidential nature (including trade secrets and information of commercial value) which may become known to such party from the other party and which relates to the other Party, unless that information is public knowledge at the time of disclosure, or subsequently becomes public knowledge other than by breach of this agreement.
We shall have the right to list the Organisations names and logo on the Authenticate website and application, its public website and in digital communication to other users or prospective users through activities designed to broaden usage of the Platform.
INTELLECTUAL PROPERTY RIGHTS
The user acknowledges that all Intellectual Property Rights, patents, trade-marks, trade names, domain names, computer software rights, database rights in the Services belong and shall belong to Authenticate, and the user shall have no rights in or to the services other than the right to use it in accordance with the terms of this agreement.
This agreement and any dispute or claim arising out of or in connection with it or its 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 and subject to the exclusive jurisdiction of the courts in England.