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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.