PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE USER INTERFACE:
Actual Experience plc – User Interface Terms of Use
These Terms of Use (the "Terms of Use") apply to the entire contents of any Actual Experience user interface accessible to you through the domain actual-experience.com ("User Interface") including, without limitation, any digital quality results generated by or made available to you via the User Interface (the "Contents"), and set out the terms on which you may use the User Interface.
The copyright and other intellectual property rights in the User Interface and/or the Contents are owned by Actual Experience plc, a company registered in England and Wales with company number 06838738 whose registered office is at Quay House, The Ambury, Bath, Somerset BA1 1UA, United Kingdom ("AE", "us", "our" or "we"). The underlying software in the User Interface is licensed and not sold. Please read through the following conditions carefully.
BY ACCEPTING THESE TERMS OF USE ELECTRONICALLY IN ANY WAY, OR BY ACCESSING ANY PART OF THE USER INTERFACE, YOU (AN INDIVIDUAL OR LEGAL ENTITY) ("YOU" OR "YOUR") AGREE (1) TO BE BOUND BY THESE TERMS OF USE WHICH WILL BIND YOU AND (WHERE RELEVANT) YOUR EMPLOYEES, AND (2) THAT WHERE YOU ACCESS ANY PART OF THE USER INTERFACE ON BEHALF OF YOUR EMPLOYER OR ENTITY WHICH HAS ENGAGED YOU TO CONDUCT SERVICES (WHETHER YOUR EMPLOYER/ENGAGER IS A COMPANY, PARTNERSHIP, UNINCORPORATED ASSOCIATION OR OTHERWISE) YOU WARRANT THAT YOU HAVE AUTHORITY FROM YOUR EMPLOYER/ENGAGER TO VIEW THE CONTENTS RELATING TO YOUR EMPLOYER/ENGAGER TO THE SAME EXTENT THE SAME RELATES TO OR HAS BEEN PROVIDED OR GENERATED IN CONNECTION WITH YOUR EMPLOYER/ENGAGER.
IF YOU DO NOT AGREE TO THESE TERMS OF USE OR DO NOT HAVE THE AUTHORITY TO VIEW THE CONTENTS RELATING TO YOUR EMPLOYER/ENGAGER (WHERE YOU ARE ACCESSING THE USER INTERFACE ON BEHALF OF YOUR EMPLOYER/ENGAGER), YOU MUST NOT ACCESS THE USER INTERFACE OR USE THE USER INTERFACE OR ITS CONTENTS.
Your Use of the User Interface
In order to access and inter-operate with the User Interface and the Contents your computer, phone or other device must meet the minimum specifications as detailed on the User Interface as updated from time to time.
You may complete a registration process as part of your use of the User Interface, which may include the creation of a user identifier and/or password. You are solely responsible for ensuring that all user identifiers and passwords are kept confidential. You undertake not to disclose to, or allow your user identifier and/or password to be used by, any third party. In the event that you have reason to believe that any user identifier and/or password is no longer secret, you will immediately notify AE at support@actual-experience.com. We have the right to disable any user identification code 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 of use.
You agree (i) to comply with all applicable laws and regulations in your use of the User Interface and/or the Contents, (ii) to not knowingly engage in deceptive or misleading practices in your use of the User Interface, (iii) not to harm, threaten, abuse, harass, embarrass, defame, libel or harass another person, or in any way do anything that invades someone's privacy or is (in AE's reasonable opinion) obscene, offensive, objectionable, unacceptable, discriminatory or damaging, (iv) not to gather, extract, download, reproduce, use and/or display any information, content, material or data, whether by use of automated programs, robots, web crawlers, spiders, data mining, trawling or other "screen scraping" software or systems without AE's prior written consent, (v) not to damage, interfere with or disrupt access to the User Interface or do anything which may interrupt or impair its functionality, including, without limitation, by uploading or otherwise distributing files that contain viruses, corrupted files, Trojan horses, or any other similar software or programs that may be used to access, modify, delete or damage any data files or other computer programs used by AE or other users of the User Interface and (vi) not to access or use the User Interface for any purpose other than for your own internal purposes or your own internal business purposes (dependant on whether you access as a consumer or in the course of your business, employment or engagement). AE may monitor communications made by you, including without limitation, all Contents and/or material transmitted through the User Interface.
You shall not license, sell, rent, lease, transfer, timeshare, assign, distribute, display, disclose, or otherwise commercially exploit (including operating as a service bureau or providing access to the User Interface or Contents to others as an application service provider), or otherwise make the User Interface or the Contents available to any third party.
Your Use of the Contents
You are permitted to access the User Interface and, in accordance with your particular user privileges, to view, print and/or download from the User Interface the results generated by AE which describe the digital quality of your or your employer’s (as relevant) evaluated applications and which details sources of digital quality impairment. Such rights are permitted solely for your internal business purposes (if you are a business or a person acting in the course of your business, employment or engagement), subject to the restrictions set out in these Terms of Use.
No part of the User Interface is intended to constitute advice and the content of the User Interface and/or the Contents should not be relied upon when making any decisions or taking any action of any kind.
Limitation of Liability
The express terms of these Terms of Use are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law.
AE does not warrant or promise that the User Interface or the Contents will meet your requirements or that the operation of the User Interface will be uninterrupted or error free or that the User Interface or the Contents will be free from any viruses, corrupted files, Trojan horses, or any other similar software or programs that may be used to access, modify, delete or damage any data files or other computer programs used by you or that defects in the User Interface or Contents will be corrected (although we will endeavour to help you where we can at support@actual-experience.com). You are responsible for configuring your information technology, computer programmes and platform in order to access the User Interface. You should use your own virus protection software. 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 or other device or equipment, computer programs, data or other proprietary material due to your use of the User Interface or the Contents. You shall use the User Interface and the Contents at your own risk.
We may suspend, withdraw, discontinue or change all or any part of the User Interface without notice. We will not be liable to you if for any reason the User Interface or Contents is unavailable at any time or for any period.
Subject to the last paragraph of this section, we shall not under 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 Terms of Use or your use of or inability to use the User Interface and/or the Contents (or from errors or deficiencies in either) for:
Other than the losses set out in the paragraph above (for which we are not liable) and subject to the paragraph below, our maximum aggregate liability under or in connection with these Terms of Use whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £200 in any 12 month period.
Nothing in these Terms of Use shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
Ownership and protection of information
All intellectual property rights in the User Interface and the Contents throughout the world belong to AE. Rights in the User Interface and Contents are licensed (not sold) to you, and you have no rights in, or to, the User Interface or the Contents other than the right to use them in accordance with the terms of these Terms of Use. You have no right to have access to any underlying software in source code form or in unlocked coding or with comments.
Aspects of the User Interface and Contents, including the specific design and structure of individual programs, form part of AE's trade secrets and/or copyrighted material. You therefore agree not to disclose, provide, copy or otherwise make available such trade secrets or copyrighted material in any form to any third party without AE's prior written approval.
You may submit personal data that will be processed by AE in connection with your access to and use of the User Interface (including, without limitation, an email address or other user identifier and a password). Any personal data submitted by you shall be processed strictly in accordance with AE's Privacy Policy and you hereby consent to AE processing such information in this way.
We may from time to time use third party services to support the User Interface (for example, Google Maps, ArcGIS geolocation and others). You have permission to use the third-party services in accordance with the specific application’s terms and conditions. You have the right to use them in accordance with the Terms of Use. You have no right of access to underlying software in source code form or in unlocked coding or with comments.
Confidentiality
Your access to the User Interface and the Contents shall give you access to information that is confidential to AE ("Confidential Information"). Save to the extent that the Confidential Information has come into the public domain through no fault of yours or as required by law, you shall not disclose Confidential Information to any third party. You shall treat Confidential Information with the same degree of care as you treat your own confidential information.
Changes to these Terms of Use
We may revise these Terms of Use from time to time by amending this page. Before accessing the User Interface, please check this page to take notice of any changes we have made, as they are binding on you.
Termination
If you violate any of these Terms of Use, your permission to use the User Interface and Contents will automatically terminate.
General
Where you have entered into a separate services agreement with AE for the provision of services which utilises this User Interface and any term of these Terms of Use conflict with any term of the service agreement, the latter shall prevail.
You will not contest the validity or enforceability of these Terms of Use solely because it was concluded electronically.
The rights granted herein are personal to you. You may not transfer, assign, charge or otherwise dispose of these Terms of Use, or any of your rights or obligations arising under it, without AE's prior written consent.
Any use or access of the User Interface or the Contents, other than in accordance with these Terms of Use, for any purpose is expressly prohibited and any rights not expressly granted in these Terms of Use are reserved by AE.
These Terms of Use and any document or policy expressly referred to in it constitutes the entire understanding between the parties with respect to the subject matter of these Terms of Use.
Each of the clauses and conditions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses and conditions will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms of Use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. If you are a business customer, you and we irrevocably agree to the exclusive jurisdiction of the courts of England and Wales. If you are a consumer, you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
Unless expressly provided in these Terms of Use, no term of these Terms of Use are enforceable by any person who is not a party to it.
Contact
You may contact us by e-mail at enquiries@actual-experience.com or by pre-paid post to Customer Services at Actual Experience plc, Quay House, The Ambury, Bath, Somerset BA1 1UA, United Kingdom.
Actual Experience plc - User Interface Terms of Use - Version 1.5 (June 2019)
