Terms of service
The terms of service were last updated on November 1st 2022
Common Seas End User Licence for PlasTICK
PLEASE READ THESE LICENCE TERMS CAREFULLY
This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Common Seas CIC Company number 08524506 of Gate House 2 High Street, Totnes, Devon, United Kingdom, TQ9 5RZ (Licensor, us or we) for using PlasTick (the App) that you have been invited to use by your employer.
We license use of the App to you on the basis of this Licence. We do not sell the App to you. We remain the owners of the App at all times.
We provide the App to you at the request of your employer, or at your request if you are a sole trader.
1. Grant and Scope of Licence
1.1 Upon the request of your employer, we grant you a non-exclusive, non-transferable licence to use the App subject to you agreeing to abide by the terms of this Licence.
1.2 You may use the App for purposes of your employer’s business only.
Except as expressly set out in this Licence or as permitted by any local law, you undertake:
a) not to copy the App, except where such copying is incidental to normal use of the App or where it is necessary for the purpose of back-up or operational security;
b) not to sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs;
c) not to share your password with any other person;
d) not use the App to create any App or software that is substantially similar in its expression, purpose or utility to the App; and
e) not to provide, or otherwise make available, the App in any form, in whole or in part to any person outside your employer’s organisation without prior written consent from us.
3. Intellectual property rights and Data
3.1 You acknowledge that all intellectual property rights in the App throughout the world belong to us. You or your employer retain the ownership of all data entered into the App by you. The App gives you the ability to download all your data and reports.
3.2 You agree that we may use your data to provide anonymous reports and statistics in accordance with our aims, including further developing the App, reporting on improvements being made and improving the ability of businesses to reduce plastic use.
4. Limited Warranty
4.1 We warrant that the App will, when properly used perform substantially in accordance with the functions described in the description on our website (www.commonseas.com ) for a period of 90 days from the date of your first access of the App (Warranty Period).
4.2 If, within the Warranty Period, you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, we will, at our sole option, either repair or replace the App.
4.3 The warranty does not apply: if the defect or fault in the App results from you having altered or modified the App or having used it in breach of the terms of this Licence.
5. Limitation Of Liability
5.1 You acknowledge that the App has not been developed to meet your individual requirements, including any particular cybersecurity requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described on our website meet your requirements.
5.2 We only supply the App for internal use by your business, and you agree not to use the App or Documents for any re-sale purposes or consultancy.
5.3 We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
a) loss of profits, sales, business, or revenue;
b) business interruption;
c) loss of anticipated savings;
d) loss or corruption of data or information;
e) loss of goodwill or reputation; or
f) any special, indirect or consequential loss, damage, charges or expenses.
5.4 Other than the losses set out in Condition 5.3 (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to €100. This maximum cap does not apply to Condition 5.5.
5.5 Nothing in this Licence shall limit or exclude our liability for:
a) death or personal injury resulting from our negligence;
b) fraud or fraudulent misrepresentation;
c) any other liability that cannot be excluded or limited by English law.
5.6 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the App. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the App which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
6.1 We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
6.2 We may terminate your use of the App by giving you one month’s notice.
6.3 Upon termination for any reason:
a) all rights granted to you under this Licence shall cease; and
b) you must immediately delete or remove the App.
7. Communications between us
7.1 If you wish to contact us in writing you can send this to us by email at [email protected] or by pre-paid post to the address above. We will confirm receipt of this by contacting you in writing, normally by email.
7.2 If we have to contact you or give you notice in writing, we will do so via the App, the email address you have given us or through your employer.
8. How we may use your personal information
9. Other important terms
9.1 We may transfer our rights and obligations under these terms to another organisation.
9.2 You may not transfer your rights or your obligations under this Licence to another person.
9.3 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
10.1 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.