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Terms and Conditions
Software Terms and Conditions
This licence ("Licence") is between you and/or the person, company, firm, partnership or LLP you represent ("You" or "Licensee") and Premex Group Limited of Premex House, Futura Park, Middlebrook, Bolton, BL6 6SX ("Licensor”) in respect of the Vu software product ("Software”), which includes computer software, the data supplied with it, printed materials and online documentation taken from the Licensor’s website ("Documentation").
BY PROCEEDING TO INSTALL THIS SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE AS SUCH SHALL BE AMENDED FROM TIME TO TIME, WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE YOU MUST NOT INSTALL OR USE THE SOFTWARE. THE SOFTWARE IS FOR USE IN THE UK ONLY BY UK RESIDENTS ONLY. IF YOU ARE NOT A RESIDENT OF THE UK DO NOT USE THIS SOFTWARE. IN LISTING YOUR SERVICE ADDRESS IN OUR ONLINE REGISTRATION FORM, YOU ARE REPRESENTING TO US THAT YOU ARE A RESIDENT OF THE UK. THIS IS A REPRESENTATION ON WHICH WE RELY PRIOR TO ACCEPTING YOUR OFFER TO AGREE TO THIS LICENCE.
1. GRANT AND SCOPE OF LICENCE
1.1. In consideration of £1 (if demanded) and the Licensee agreeing to the terms hereof, the Licensor grants a non-exclusive, non-transferable licence to use the Software only as set out in the terms hereof.
1.2. The Licensee must register with the Licensor to use the Software to send instructions and arrange appointments with medical experts or upload availability for appointments with for personal injury claimants (as applicable).
2. LICENSEE'S UNDERTAKINGS Except as expressly set out in this Licence or as permitted by law, the Licensee undertakes:
2.1 not to rent, lease, sub-license, loan, copy, modify or alter the whole or any part of the Software nor combine and part of the Software with any other programs;
2.2 not to, or attempt to, disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the Software;
2.3 to keep confidential and not to disclose its logon details (password and username) and not to provide or otherwise make available any part of the Software to any person; and
2.4 to use the Software only for the purposes of sending legitimate instructions or booking legitimate appointments and not to use the software to book fictitious appointments or in any other vexatious way.
3. ACKNOWLEDGEMENTS The Licensee acknowledges that (a) the licence granted in paragraph 1 above is granted in accordance with all of the terms of hereof; and (b) the Software has not been developed to meet its individual requirements, it is used at its own risk and that it may not be free of bugs, viruses or errors.
4. LIMITATION OF LIABILITY The Licensor is not liable for loss of income, profits, information, goodwill or reputation, loss of, damage to or corruption of software or data or any indirect or consequential loss. This clause shall not limit the Licensor's liability for fraud, death or personal injury.
5. DATA PROTECTION The Licensee acknowledges that, in the course of using the Software, it may process the personal data of data subjects as such terms are defined in the Data Protection Act 2018 ("Act”). The Licensor undertakes to comply with all relevant obligations set out in the Act. The Licensor will process the Licensee’s data in accordance with its Privacy Policy.
6. ACCEPTABLE USE The License agrees that it will not, and will procure that any of its personnel will not knowingly, store, distribute or transmit any material through the Software that (a) is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive, (b) facilitates illegal activity, (c) depicts sexually explicit images not required for the provision of the Services, or (d) promotes unlawful violence, discrimination based upon race, gender, colour, creed, age, sexual orientation, disability, or any illegal activities or (e) contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or (f) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
7. TERMINATION The Licensor may terminate this Licence immediately by written notice to the Licensee if the Licensee commits a material or persistent breach of this Licence. Upon termination, all rights granted to the Licensee under this Licence shall cease.
8. GENERAL
8.1. Any failure by the Licensor to insist upon the performance of any of the Licensee’s obligations, shall not constitute a waiver of its rights or remedies. No waiver by the Licensor of these terms and conditions shall be effective unless it is in writing.
8.2. This Licence represents the entire agreement between the parties in relation to the use of the Software. The Licensee acknowledges that, in entering into this Licence, it has not relied on any representation or undertaking given by the Licensor or implied from anything said or written in negotiations between the parties prior to entering into this Licence.
8.3. The parties shall have no remedy in respect of any untrue statement made by the other, prior to accepting this Licence (unless such untrue statement was fraudulent) and the other party's only remedy shall be for breach of contract as provided hereof.
8.4. This Licence is governed by English law. Disputes arising from any term of this Licence shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.