Terms & Conditions
Hello! Welcome to
Uni-Lync's Terms of Service.
DEFINITIONS
The defined terms in this Agreement,
unless the context requires otherwise, will have the following meanings:
Any reference to 'us', 'our', 'we' or
'Uni-Lync', 'The Lync Group' or "the Company" in these terms and
conditions is a reference to each group company within the as the context
requires unless otherwise stated.
Similarly, any reference to 'you',
'your', 'yours' or 'yourself' in this privacy notice is a reference to any of
our clients, customers, potential customers and the users of our Website, the other domains, products, applications, mobile
applications, services, and/or Content provided by Uni-Lync or services
as the context requires unless otherwise stated.
Our Website,
www.uni-lync.com (the "Site") and/or the other domains,
websites, products, applications, mobile applications, services, and/or Content
provided by Uni-Lync (all of those collectively with the Site, the "Services",
the Company,)
These Terms of Service
the "Agreement
PARTIES
1. This document
outlines the Terms and Conditions which apply to You (as a user/client of
our products and services) with Uni-Lync.
REPRESENTATIONS AND WARRANTIES
1.
Both Parties represent that they are fully
authorised to enter into this Agreement. The performance and obligations of
either Party will not violate or infringe upon the rights of any third-party or
violate any other agreement between the Parties, individually, and any other
person, organisation, or business or any law or governmental regulation.
2.
You may only use the Services if you
can form a binding contract with Uni-Lync and are not legally prohibited from
using the Services.
3.
You warrant that in your use of the
website, other domains, products, applications, mobile applications, services,
and/or Content provided by Uni-Lync you shall:
a.
use the Services only for lawful
purposes, and in a manner, which does not infringe the rights of, or restrict
or inhibit the use of our services; and
b.
not engage in any unlawful conduct or
may harass or harm or cause distress or inconvenience to any person(s).
TERMS OF SERVICE
This Agreement shall be
effective on the date of using our Website, apps, products or services (the
"Effective Date") and will
end when You cease to use our Website, apps, products or services or any date
upon which Your access to our Website, apps, products or services is
terminated, whichever one comes first.
By using or accessing
the Services, you indicate your Agreement to be bound by all
the terms and conditions of this Agreement.
If you do not agree to
all the Terms and Conditions of this Agreement, you should not, and are not
permitted to, use the Services. If you continue using the Services, your access and use of
the Services will therefore constitute your Agreement to be bound by these
Terms, which establishes a contractual relationship between you and Uni-Lync.
Uni-Lync may terminate these Terms or any Services with
respect to you, or generally, cease offering or deny access to the Services or
any portion thereof, at any time for any reason at our own discretion. We may
do this on the following grounds (including but not limited):
(i)
you are in breach of these Terms,
(ii)
it is impractical to give such notice
in the circumstances, or
(iii)
significant risk of harm or damage to
Uni-Lync or third Party
REGISTRATION AND SECURITY
As a condition to using certain of the
Services and in order for us to provide them to you, you may be required to
create an account (an "Account"), provide your age and an email
address and select a password and Uni-Lync. The online process mirrors the
paper application process. If you ever forget your password - or worse, fall
victim to a malicious phishing attack - a working email address is often the
only way for us to recover your account.
Data can only be amended by the applicant using the email
address and password supplied at registration. Therefore, it is important that
you keep this information in a secure place.
All information requested is primarily used to verify your identitiy. Data is collected, stored and processed by
Uni-Lync in accordance with General Data Protection Regulations (GDPR). We will
treat your personal information as confidential, and we will not disclose it to
any third party except: (I) with your prior Agreement; (ii) as required by law.
You agree to provide Uni-Lync with
accurate, complete, and updated registration information.
You are also responsible for maintaining the
confidentiality of your Account password and for the security of your account,
and you will notify Uni-Lync immediately of any actual or suspected loss,
theft, or unauthorised use of your Account or Account password.
All fees are
charged in your local currency. You shall pay all applicable fees, as described
in the applicable Services, in connection with such Services and any related
taxes or additional charges. These paid services shall be governed and are in
accordance with the Consumer Rights Act 2015.
Paid Services are limited licenses for
you to use, particular for-pay aspects of the Services. Usage of terms like
sell, sale, buy, purchase, or similar terms all refer to your acquisition of a
products and services via the use' of Paid Services. They do not
represent any transfer of any right, title, or ownership interest of any kind.
You may not relicense, resell, transfer, or exchange Paid Services within or
outside of the Services, except as expressly allowed by the rules of those Paid
Services.
Uni-Lync may, in its sole discretion,
modify the functionality of or eliminate Paid Services or the terms and
conditions under which Paid Services are provided.
Purchases of Paid Services are final
and non-refundable (particularly those Paid Services that may be used
immediately, such as Promotions, as defined below), except at Uni-Lync's sole
discretion and in accordance with the rules governing each Paid Service.
Termination of your Account or your rights under this Agreement may result in
forfeiture of purchased Paid Services. Uni-Lync may change its prices for Paid
Services at any time.
To the extent applicable, Uni-Lync will
provide you reasonable notice of any such pricing changes by posting the new
prices on or through the applicable Paid Service and/or by sending you an email
notification. If you do not wish to pay the new prices, you may choose not to
purchase, or to cancel, the applicable Paid Service prior to the change going
into effect.
WARRANTY
DISCLAIMER: SERVICES AVAILABLE ON AN "AS IS" BASIS
Whilst we have made every effort to ensure the accuracy of
the information on this Website or applications and other domain, the
information given on the Website is subject to change, often without notice.
Uni-Lync makes no representations or warranties of any kind with respect to the
Services, including any representation or warranty that the use of the Services
will
(a)
be timely, uninterrupted or error-free
or operate in combination with any other hardware, Software, system, or data,
(b)
be free of viruses or other harmful
components; or
We accept no liability for any indirect or consequential
loss or damage or for any loss of data we do not accept responsibility for any
damage to or loss of data on your computer system, network or server, profit,
business, revenue or anticipated savings (whether direct or indirect) that
arise out of or that are related to the use of this Website, our other domains,
websites, products, applications, mobile applications, services, and/or Content
provided by Uni-Lync or Services.
In no event shall the Uni-Lync be individually liable for any damages for
breach of duty by third parties unless the Company's act or failure to act
involves intentional misconduct, fraud, or a knowing violation of the law. You assume all of the risks
associated with using our Website, our other domains, websites, products,
applications, mobile applications, services, and/or Content provided by
Uni-Lync or
Services.
By using our services, you hereby agree that
You, your assignees, heirs, guardians, and legal representatives, will not make
a claim against Uni-Lync or any of its affiliated organisations. You waive and
release any rights, actions, or causes or action resulting from personal injury
or death to You, or damage to Your property, sustained or however caused,
arising from using our products and services.
THIRD-PARTY SERVICES AND HYPERTEXT
LINKS
Not all products and services referred
to on this Website, our other domains, products,
applications, mobile applications, services, and/or Content are
necessarily provided by us. The Services may be made available or accessed in
connection with third-party services and Content (including advertising) that Uni-Lync
does not control. The Service
may also contain promotions offered by third parties and links to other
websites or resources.
The identification or use of any
third-party products, services, websites or networks is for your convenience
only, such links are provided, and their provision does not constitute an
authorisation by us to you to access such third-party web sites, nor do they
constitute an endorsement of such products, services or websites or networks. If you choose to interact with the
third parties made available through our Service, such Party's terms will
govern their relationship with you.
You acknowledge and accept that we
shall not be responsible for any damages, loss, costs or expenses arising from
the use of such third-party websites or products or services available through
such third-party websites. Your obtaining of goods or services from these
persons is at your own risk. 'These third-party
beneficiaries are not parties to this contract, and Your access to
the Services using these devices is subject to terms set forth in the
applicable third-party beneficiary's terms of Service.
Uni-Lync is not responsible
or liable for any actions that you take or do not take based on such data or
information. You indemnify each member of our group of companies against
all liability, loss, damage, cost and expense arising from or relating to your
obtaining goods or services from a third party referred to on this Website, our other domains, products, applications, mobile
applications, services, and/or Content provided by Uni-Lync.
DOWNTIME, SERVICE
CHANGES AND LIMITATIONS:
Uni-Lync is an
ever-evolving platform. As such, Uni-Lync is always striving to improve the Service
and bring you additional functionality that you will find engaging and useful.
This means we may add new product features or enhancements from time to time as
well as remove some features at our discretion. In addition, we may suspend,
stop (permanently or temporarily) providing the Services or any features within
the Services to you or to users generally. In which event, we will notify you
in advance unless extenuating circumstances prevent us from doing so.
Accordingly, we do not guarantee uninterrupted availability
of the Website, our other domains, websites, products, applications, mobile
applications, services, and/or Content provided by Uni-Lync or Services. There
may be periods during which the Website and our Services are not available
because of scheduled maintenance or upgrades, for emergency repairs, or due to
viruses, system failures, disruption of telecommunications links and equipment
malfunctions that are beyond our control. In such case, we shall make
reasonable efforts to minimise any periods during which the Website is not
available. You accept that you shall have no claim for breach of contract or
otherwise in respect of any such period of unavailability.
Uni-Lync may also impose limits on
certain Services or aspects of those Services or restrict your access to parts
or all of the Services without notice or liability.
LIMITATIONS ON AUTOMATED USE:
You also agree not to misuse our
Website, our'
other domains, products, applications, mobile applications, services,
and/or Content provided by Uni-Lync and Uni-Lync's affiliate companies
by interfering with them or accessing non publicly accessible areas or using
these services in any method other than the interface and the instructions that
we provide or as we have permitted.
Unless you have been given express
written permission in a separate agreement when using the Software Services,
you must not:
'
Circumvent, disable or otherwise
interfere with any security-related features of the Software Services.
'
Modify, interfere, intercept, disrupt
or hack our Services.
'
Collect any data from the Software
Services other than those permitted by these Terms
'
submit or contribute any User
information that does not belong to You do not own or person without that
person's permission.
'
Use the Service in any way that could interfere
with, disrupt or negatively affect the Service or the servers or networks
connected to the Service.
'
Modify, adapt, sublicense, translate, sell,
reverse engineer, decipher, decompile or otherwise disassemble any portion of
the Service, or cause others to do so.
'
probe, scan or test the vulnerability of our
Service
'
access, probe, scan, tamper with, or
use or test the vulnerability of any system or network or breach or circumvent
any security measures or
any system or network or non-public areas of the Services,
'
reproduce, modify, prepare derivative
works based upon, distribute, license, lease, sell, resell, transfer, publicly
display, or otherwise exploit the Services unless as expressly permitted by Uni-Lync
through prior written consent
'
threaten, abuse or invade another's
privacy, or cause annoyance, inconvenience or needless anxiety or be likely to
harass, upset, embarrass, alarm or annoy any other person; or
'
use, access, or publish the Uni-Lync
application programming interface without our written consent.
'
Upload viruses or other malicious code or
otherwise compromise the security of the Service.
'
decompile, reverse engineer or
disassemble the Services except as may be permitted by applicable law;
'
link to, mirror or frame any portion of
the Services;
'
interfere with, or disrupt, (or attempt
to do so), the access of any User, host or network, including, without
limitation, by using
any robot, bot, spider, crawler, scraper, site search/retrieval application,
proxy or other manual or automatic device, method or process to access,
retrieve, index, "data mine", or in any way reproduce or circumvent
the navigational structure or presentation of the Service or its contents.
'
Forge any TCP/IP packet header or any
part of the header information in any email or posting, or in any way use the
Services to send altered, deceptive or false source-identifying information; or
'
misuse the Service by knowingly introducing
viruses, Trojans, worms, logic bombs or other material which would harm the
Software Services or any user of the Software Services' own equipment.
'
Encourage or promote any other activity that
violates this Agreement or any illegal activity.
You may not, without express prior
written permission, do any of the above while accessing or using the Services.
Uni-Lync reserves the right immediately, temporarily or permanently withdraw your right to use the Software Services.
The Company may investigate and take
any available legal action if you have violated this Agreement, misuse the
Service or in response to illegal and/ or unauthorised uses of the Service.
This includes but not limited to pursuing legal actions against You for
reimbursement of all costs (including, but not limited to, reasonable
administrative and legal costs) resulting from the breach of these terms.
INTELLECTUAL PROPERTY
All
intellectual property rights in the Software, all copyright, database rights, and
trademarks rights in the Content of this Website and our services belongs to us
or a third party including our licensors and are protected by copyright and/or trade
secret laws and other international treaty provisions. The lack of any such symbol should
not, under any circumstances, be construed as not the intellectual of either a
third party or us. We and our
licensors (as the case may be) will retain the intellectual property rights in
all elements of the Software and such Software and databases. You will not have any rights of ownership in
the Software, its Content or any related documents as such you may not copy,
distribute, upload, republish, decompile, disassemble or transmitted in any way
without Uni-Lync and our affiliates or third Party's prior written consent.
PRIVACY
POLICY
For detailed information about how
Uni-Lync collects, uses, and shares your information, please review our Privacy
Policy. By using the Services, you agree you have read and agree to be bound by
the Privacy Policy, which describes our collection, use, and sharing (as set
forth in the Privacy Policy) of such information, including the transfer of
this information to any other jurisdiction for storage, processing, and use by
Uni-Lync.
By using our Website, our other domains, websites, products, applications,
services, and/or Content provided by Uni-Lync and our Services, you
acknowledge that Your personal data will be processed in accordance with
Uni-Lync' Privacy Policy.
1. You hereby give consent for Your personal data to be processed by
Uni-Lync and its affiliate companies for the purposes of but not limited to
performing this Agreement, providing support and evaluating, monitoring our
services.
2.
You
hereby consent to the Company holding and processing personal and any sensitive
personal data relating to you for the purposes of processing
your file and management their businesses, for compliance with applicable
procedures, laws and regulations and for providing data to external suppliers
who administer benefits (solely for the purpose of providing with those
benefits).
3. 'All
information is stored in a secure environment, compliant with GDPR.
LIMITATION OF LIABILITY
You agree to indemnify
and hold harmless Uni-Lync its respective affiliates, officers, agents,
employees, and permitted successors and assigns against any and all claims,
losses, damages, liabilities, penalties, punitive damages, expenses, reasonable
legal fees and costs of any kind or amount whatsoever, which result from the
negligence of or breach of this Agreement, its respective successors and
assigns that occurs in connection with this Agreement.
To the maximum extent permitted by
applicable law, neither Uni-Lync nor its Affiliate companies, or its or their
representatives, directors or employees are liable for any loss or damage that
You may incur under or in connection with the uses of our Website and Services.
We will not be liable to you in any way (whether such liability arises in the
contract (by way of indemnity or otherwise), tort (including negligence)
misrepresentation, breach of statutory duty, restitution or otherwise) for:
a.
Any loss, damage, costs, expenses or
liability suffered by anyone other than you in connection with your use of our Services;
b.
Damages relating to your access to, use
of, or inability to access or use the services;
c.
Any direct or indirect property damage
or monetary loss;
d.
Any losses that could not reasonably be
expected to result from our negligence or breach of these Terms and Conditions;
e.
Any loss relating to your business or
the business of your employer or any other person;
f.
Loss of profit or anticipated savings;
loss of revenue, loss of opportunity, loss of business or employment (whether
or not such loss could be reasonably expected to flow from our negligence or
breach of these Terms and Conditions); or
g.
Any other loss, damage, costs, expenses
or liability that you suffer in connection with our Services save to the extent
that Uni-Lync fails to perform its obligations to you to the standard of a
diligent and professional provider of the relevant services.
h.
Loss or inaccuracy of data;
i.
Damages relating to any conduct or
Content of any third party or user using the services, including without
limitation, defamatory, offensive or illegal conduct; and/or
j.
Loss of business, contracts, contacts,
goodwill, reputation and any loss that may arise from interruption of the
business;
k.
Any other type of indirect or
consequential loss or damage.
2.
If it has been proven, that Uni-Lync
and any of its affiliate companies (as applicable), are liable to you in
connection with our services, including for any implied warranties, for any
claim under this Agreement, such liability will be limited to an amount equal
to '250 in aggregate or the amount you paid us to use the applicable Service
(s).
3.
If it occurs to you that you have been
in breach of any of these terms, or you have been made aware by Uni-Lync and/or
any of its affiliates (as applicable), or by any authority, you must stop and
remedy such breach immediately. You are fully responsible and liable for any
breach by You of these Terms and/or any other applicable laws or regulations.
This section remains in
full force and effect even after termination of the Agreement by its natural termination
or the early termination by either Party.
TERMINATION
Either Party may terminate this
Agreement at any time by notifying the other Party, or the user ceases to use
our services. You may end your legal Agreement with Twitter at any time by discontinuing
your use of the Services.
Upon termination of your access to or
ability to use our Website, other domains, products, applications, mobile
applications, services, and/or Content provided by Uni-Lync, including your
right to use or access that Service will immediately cease. All provisions of
this Agreement that by their nature should survive termination shall survive
the termination, including, without limitation, ownership provisions, warranty
disclaimers, and limitations of liability.
Termination of your access to our
Services shall or limit any liability that you otherwise may have to Uni-Lync
or any third party and shall not relieve you of your rights if you are a user
as per our Privacy Policy.
The termination of Your use of the
Service and the cancellation of Your Account shall not relieve you of any
obligations arising or accruing prior to such termination any of Your
obligations to pay any sums due to Uni-Lync.
GRIEVANCE PROCEDURE
If at any time You become
dissatisfied with any aspect of our product offerings and services, the matter
should be raised with our support centre. Before resorting to formal dispute
resolution, we strongly encourage you to contact us to seek a resolution.
Please contact us via : info@uni-lync.com
GOVERNING LAW
This Agreement shall be governed by and construed in all respects in accordance with the laws of England & Wales.
Should Any dispute, conflict, claim or controversy arise out
of or broadly in connection with or relating to the Services, or payment
processing, or these Terms, including those relating to its validity, its
construction or its enforceability (any 'Dispute') against Uni-Lync and its Affiliate
Companies, you shall be first mandatorily submitted to mediation proceedings.
The existence and content of the mediation and other legal
proceedings, including documents and briefs submitted by the parties including
correspondence from the mediator, shall remain strictly confidential and shall
not be disclosed to any third party without the express written consent from
the other Party unless: (i) the disclosure to the third-party is reasonably
necessary in the context of conducting the mediation or court proceedings; and
(ii) the third Party agrees unconditionally in writing to be bound by the
confidentiality obligation as stated in this Agreement.
If said dispute has not been settled within ninety (90) days
after a request for mediation has been submitted, said Dispute should be
exclusively and finally resolved by court proceedings.
ENTIRE AGREEMENT
The Parties acknowledge and
agree that this Agreement represents the entire Agreement between the Parties.
This Agreement contains the entire Agreement and understanding among the Parties to it
with respect to its subject matter, and supersedes all prior agreements,
understandings, inducements and conditions, express or implied, oral or
written, of any nature whatsoever with respect to its subject matter. The
express terms of the Agreement control and supersede any course of performance
and/or usage of the trade inconsistent with any of its terms.
The failure of either Party to
exercise, in any way, any right provided for herein shall not be deemed a
waiver of any further rights hereunder.
In that event, the parties shall
replace the illegal, invalid or unenforceable provision or part thereof with a
provision or part thereof that is legal, valid and enforceable and that has, to
the greatest extent possible, a similar effect as the illegal, invalid or
unenforceable provision or part thereof, given the contents and purpose of
these Terms.
A person who is not a party to this
Agreement may not bring a third-party claim. Under no circumstances shall
Uni-Lync be liable to the other Party or any third party for any damages
resulting from any part of this Agreement.
SEVERABILITY
In the event, any provision of this
Agreement is deemed invalid or unenforceable, in whole or in part, by a court
of competent jurisdiction, that part shall be severed from the remainder of the
Agreement, and all other provisions should continue in full force and effect as
valid and enforceable with the Parties' intention.
MODIFICATIONS TO THIS AGREEMENT
You hereby agree that where appropriate
and necessary, the terms and conditions as agreed may be subject to amendments
from time to time to reflect
changes in or requirements of the law, new features, or changes in business
practices. If we do so, the updated version will be effective as soon as it is
uploaded to this Site.
By continuing to access or use the
Services after those revisions become effective, you agree to be bound by the
revised Terms. If you do not agree to the modifications, you are not permitted
to use, and should discontinue your use of, the Services.
In the event that any provision of these Terms
is held to be invalid or unenforceable, then that provision will be limited or
eliminated to the minimum extent necessary, and the remaining provisions of
these Terms will remain in full force and effect.
You accept that you will have no claim
for breach of contract or otherwise in respect of any such alterations to the
Website, the other domains, products,
applications, mobile applications, services, and/or Content provided by
Uni-Lync or these Terms.
WAIVER
Nothing in these Terms shall exclude or limit any liability
that cannot be limited or excluded by law.
The failure by either Party to exercise any right, power, or
privilege under the terms of this Agreement will not be construed as a waiver
of any subsequent or further exercise of that right, power or privilege or the
exercise of any other right, power or privilege.
These Terms are an agreement between you and Uni-Lync. If you have any questions about
these Terms, please contact us.
By proceeding to use our
Website, applications, products and services, you hereby agree to the terms of
this contract, and you acknowledge that you are aware of the duties which are
imposed upon you by legislation and regulation in respect of any (inside)
information which you may receive or obtain from the Company and the potential
legal and regulatory sanctions for the misuse or improper circulation of such
information.'
Breaches of this Agreement will be
considered to be gross misconduct and may Uni-Lync to terminate your account,
access to our Website, app, products and services immediately without any
notice. In appropriate circumstances, this may result in the Company pursuing
legal proceedings against You.
Effective: 21st December
2022.