1 About our terms
1.1 These terms and conditions of use (Terms) explain how you may use this website and any of its content (Site). These Terms apply between Genie Technology Ltd (we, us or our) and you, either the Enterprise Subscriber (as defined in clause 3.2 below) or the person accessing or using the Site (as applicable) (you or your).
1.2 You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.
2 About us
2.1 We are Genie Technology Ltd, a company registered in England and Wales under company registration number 12109586. Our registered office is at 17 Carlton House Terrace, London SW1Y 5AH. Our VAT registration number is [insert VAT number].
2.2 If you have any questions about the Site, please contact us by sending an email to firstname.lastname@example.org or writing to Genie Technology Ltd, 17 Carlton House Terrace, London, SW1Y5AH.
3 Using the site
3.1 The Site is for your personal and non-commercial use only.
3.2 If you are an employee, faculty member or student of a University, School or other entity or organisation that has subscribed to our Site ("Enterprise Subscriber") you are an authorised user of your Enterprise Subscriber ("Authorised User") and you represent that you have your Enterprise Subscriber's permission and authority to use our Site. In this event, the agreement is between you and Genie Technology and the Enterprise Subscriber is jointly responsible for your use of our Site.
3.3 You agree that you are, or if you are an Authorised User, the Enterprise Subscriber is, solely responsible for all costs and expenses you may incur in relation to your use of the Site.
3.4 We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
3.5 We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details at the top of this page.
3.6 As a condition of your use of the Site, you agree to comply with our acceptable use terms set out in clause 12 and 13 below and in addition agree not to:
3.6.1 misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
3.6.2 attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site.
3.7 We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.
3.8 By using our Site you confirm that you are at least 18 years of age (or if you are between 13 and 17 years of age, you are using our Site with the approval of your parent or guardian).
4 Enterprise Subscribers
4.1 Enterprise Subscribers shall ensure that the total number of Authorised Users does not exceed the maximum number of seats authorised by and purchased (each of which seats represents a unique (named) Authorised User).
4.2 Enterprise Subscribers may assign different Authorised Users to the seats authorised by and purchased, so long as the total number of Authorised Users at any time does not exceed the maximum number of seats authorised by and purchased, but Authorised Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their seat, user name or right to use the Site to any third party. You, the Enterprise Subscriber, and your Authorised Users are jointly responsible for your Authorised Users' use of the Site.
5 Registration and password security
5.1 Use of the Site requires registration, particularly in order to access restricted areas of the Site.
5.2 We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.
5.3 You are responsible for making sure that your password and any other account details are kept secure and confidential.
5.4 If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
6.1 To access and use the services provided through our Site, you shall pay the applicable subscription fees in accordance with this clause 6. If you are an Authorised User, your access to the Site shall be contingent upon your Enterprise Subscriber's payment of the fees.
6.2 The subscription fees shall be as set out on the Site from time to time which can be found here. The subscription fees payable will depend on the package you have chosen.
6.3 If you have registered to use the Site on a trial basis, then you may use the Site only for non-commercial evaluation purposes during the applicable trial period.
6.4 On accessing the Site, you shall provide us with valid, up-to-date and complete credit card details or any other relevant valid, up-to-date and complete contact and billing details as we require in order for us to take payment of the subscription fees.
6.5 All subscription fees:
6.5.1 shall be payable in pounds sterling, or as otherwise agreed by us;
6.5.2 are non-cancellable and non-refundable;
6.5.3 are exclusive of value added tax, which shall be added at the appropriate rate.
6.6 We reserve the right to revise the subscription fees from time to time. Any changes to our subscription fees (or package terms) will be detailed on our Site which can be found here. At the end of your subscription term you will be sent an email asking if you would like to renew your subscription. Any renewal will be based on the subscription fees at the time of your renewal.
6.7 Your use of our Site will be subject to our usage rules which can be found here.
7 Termination of your subscription
7.1 Your subscription will commence on the date we receive payment from you of your subscription fees and shall continue for the initial subscription term chosen by you at which point we will contact you to ask if you would like to renew your subscription (in accordance with clause 6.6 above). If you are an Enterprise Subscriber, your subscription will automatically renew (and the subscription fees payable will be as in force at the time) unless you provide us with at least 30 days prior written notice to terminate ending at the end of the initial term or any renewal term thereafter.
7.2 You may cancel your subscription at any time. If you are an Enterprise Subscriber and you cancel after any renewal date, you will not receive a refund of any amounts that have been charged. Your cancellation will be effective at the end of your then current subscription period.
7.3 We may end your subscription if you fail to pay any subscription fees when due.
7.4 Either of us may end your subscription if the other commits a material breach of these Terms and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified to do so
7.5 On termination of your subscription for any reason all licences granted under these Terms shall immediately terminate and you shall immediately cease all use of the services provided via our Site.
8 Infringing content
8.1 We will use reasonable efforts to:
8.1.1 delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
8.1.2 identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Acceptable Use Policy when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
8.2 If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.
9 Your privacy and personal information
10 Ownership, use and intellectual property rights
10.1 The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.
10.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
10.3 Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
10.4 You acknowledge and agree that we and/or our licensors own all intellectual property rights in the deliverables created via your use our Site. Except as set out in these Terms, these Terms do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of such deliverables.
11 Submitting information to the site
11.1 While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
12 Acceptable use
We permit you to use the Site only for personal, non-commercial purposes and primarily for using our services. Use of the Site in any other way, including any unacceptable use set out in these Terms, is not permitted.
13 Unacceptable use
13.1 As a condition of your use of the Site, you agree not to use the Site:
13.1.1 for any purpose that is unlawful under any applicable law or prohibited by these Terms;
13.1.2 to commit any act of fraud;
13.1.3 to distribute viruses or malware or other similar harmful software code;
13.1.4 for purposes of promoting unsolicited advertising or sending spam;
13.1.5 to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information ('phishing');
13.1.6 in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
13.1.7 in any manner that harms minors;
13.1.8 to promote any unlawful activity;
13.1.9 to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
13.1.10 to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
13.1.11 to attempt to circumvent password or user authentication methods.
14 Accuracy of information and availability of the site
14.1 We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
14.2 We may suspend or terminate access or operation of the Site at any time as we see fit.
14.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
14.4 While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.
15 User content
15.1 You are solely responsible for all text, documents or other content or information uploaded, entered or otherwise transmitted by you in connection with your use of the Site ("User Content"). User Content includes, among other things, any mistakes contained in the content or information transmitted by you.
15.2 We have no obligation to monitor any User Content and shall have no liability to you or any other person or entity with respect thereto, including, without limitation, liability with respect to any information (including your confidential information) contained in or apparent from any User Content.
15.3 You warrant, represent and covenant that you own or have a valid and enforceable license to use all User Content and that no User Content infringes, misappropriates or violates the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable laws, rules or regulations of any government authority of competent jurisdiction.
15.4 By uploading User Content you give us a royalty-free, worldwide and fully paid, transferable and sublicensable license to copy, store and use your User Content (and if you are an Authorised User, your Enterprise Subscriber's User Content) in connection with the provision of the Site and to improve the algorithms underlying the Site.
16 Hyperlinks and third-party sites
The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party advertising or website does not mean that we endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site and is at your own risk.
17 Limitation on our liability
17.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
17.1.1 losses that were not foreseeable to you and us when these Terms were formed;
17.1.2 losses that were not caused by any breach on our part;
17.1.3 business losses; and
17.1.4 losses to non-consumers.
17.2 Any features of the Site which may permit you to temporarily save or otherwise store User Content is offered for your convenience only and we do not guarantee that the User Content will be retrievable. You are responsible for saving, storing and otherwise maintaining User Content including by maintaining backup copies of your User Content on appropriate independent systems that do not rely on the Site.
18.1 To the maximum extent permitted by applicable law, we expressly disclaim any and all warranties and conditions, express or implied, regarding the Site and the services provided through the Site including but not limited to any implied warranties or conditions of merchantability, merchantable quality or fitness for a particular purpose.
18.2 We provide the Site on an "as is" basis. We do not warrant that the Site will meet your requirements or will be uninterrupted or error-free.
19 Events beyond our control
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
20 Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
21.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 21.
21.2 We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
22.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
22.2 Relevant United Kingdom law will apply to these Terms. If you want to take court proceedings, the relevant courts of the United Kingdom will have non-exclusive jurisdiction in relation to these Terms.