Leave Monitor - Terms and conditions of use
1.1 These terms and conditions shall govern the customer use of our website.
1.2 By using our website, the customer accepts these terms and conditions in full; accordingly, if the customer disagrees with these terms and conditions or any part of these terms and conditions, the customer must not use our website.
1.3 If the customer register with our website, submit any material to our website or use any of our website services, we will ask the customer to expressly agree to these terms and conditions.
2.1 The laws of England and Wales govern these terms and conditions. By accessing this website the customer consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company..
- Copyright notice
3.1 Copyright (c) Mabs Technology All Rights Reserved
3.2 Subject to the express provisions of these terms and conditions all the copyright and other intellectual property rights in our website and the material on our website are reserved.
- Licence to use website
4.1 The customer may:
(a) view pages from our website in a web browser;
(b) download the user guide, reports or necessary templates;
(c) print pages from our website;
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, the customer must not download any material from our website or save any such material to the customer computer.
4.3 The customer may only use our website for the customer own personal and business purposes, and the customer must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, the customer must not edit or otherwise modify any material on our website.
4.5 Unless the customer own or control the relevant rights in the material, the customer must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, the customer may redistribute our promotional material in print and electronic form to other potential business or individual users.
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; the customer must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Acceptable use
5.1 The customer must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 The customer must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 The customer must ensure that all the information the customer supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
- Registration and accounts
6.1 To be eligible for opening an account on our website under this Section 6, the customer must have delegated authority to do so on behalf of the customer respective organisation.
6.2 The customer may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to the customer.
6.3 The customer must not allow any other person to use the customer account to access the website.
6.4 The customer must notify us in writing immediately if the customer become aware of any unauthorised use of the customer account.
6.5 The customer must not use any other person's account to access the website.
- User login details
7.1 If the customer register for an account with our website, the customer will be asked to choose a user ID and password.
7.2 The customer user ID must not be liable to mislead and must comply with the content rules set out in Section 10; the customer must not use the customer account or user ID for or in connection with the impersonation of any person.
7.3 The customer must keep the customer password confidential.
7.4 The customer must notify us in writing immediately if the customer become aware of any disclosure of the customer password.
7.5 The customer are responsible for any activity on our website arising out of any failure to keep the customer password confidential, and may be held liable for any losses arising out of such a failure.
- Cancellation and suspension of account
8.1 We may:
(a) suspend the customer account;
(b) cancel the customer account; and/or
(c) edit the customer account details on request.
8.2 The user may cancel the user account on our website by asking the customer company administrator(employer). Cancellation of company account needs to go through our support team.
- The customer content: licence
9.1 In these terms and conditions, "the customer content" means all information and materials (including without limitation text, graphics, images and files) that the customer submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 The customer grant to us a reproduce, store and, with the customer specific consent, publish the customer content on and in relation to this website.
9.3 The customer grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 The customer grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 The customer hereby waive all the customer moral rights in the customer content to the maximum extent permitted by applicable law; and the customer warrant and represent that all other moral rights in the customer content have been waived to the maximum extent permitted by applicable law.
9.6 The customer may edit the customer content to the extent permitted using the editing functionality made available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if the customer breach any provision of these terms and conditions in any way, or if we reasonably suspect that the customer have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of the customer content.
- The customer content: rules
10.1 The customer warrant and represent that the customer content will comply with these terms and conditions.
10.2 The customer content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 The customer content, and the use of the customer content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) be untrue, false, inaccurate or misleading;
(m) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(n) constitute spam;
(o) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(p) cause annoyance, inconvenience or needless anxiety to any person.
- Warranties and Data Protection
11.1 We warrants to the customer that all Data hosted within EU and the Hosted Services will not breach any laws, statutes or regulations applicable under English law.
11.2 We warrants that we will comply with the Data Protection Laws with respect to the processing of the Customer Personal Data.
11.3 We warrants that we will not engage any third party to process the Customer Personal Data without the prior specific or general written authorisation of the Customer.
11.4 The customer acknowledges that complex software is never wholly free from defects, errors and bugs; we give no warranty or representation that the Hosted Services will be wholly free from defects, errors and bugs.
11.5 The customer acknowledges that complex software is never entirely free from security vulnerabilities. We will use reasonable endeavours to maintain the availability of the Services to the Customer at the gateway between the public internet and the network of the hosting services provider, but does not guarantee 100% availability
11.6 The customer acknowledges that the customer have the rights to provide all Personal Data to us to process.
11.7 We reserve the right to discontinue or alter any part our website services.
11.87 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 The customer accept that we will not be liable to the customer in respect of any losses arising out of a Force Majeure Event, any loss of profits or anticipated savings, any loss of revenue or income, any loss of use or production, any loss of business/contracts/opportunities
12.4 The customer accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, the customer acknowledge that we are a limited liability entity; the customer agree that the customer will not bring any claim personally against our officers or employees in respect of any losses the customer suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if the customer breach these terms and conditions in any way, or if we reasonably suspect that the customer have breached these terms and conditions in any way, we may:
(a) send the customer one or more formal warnings;
(b) temporarily suspend the customer access to our website;
(c) permanently prohibit the customer from accessing our website;
(d) block computers using the customer IP address from accessing our website;
(e) contact any or all of the customer internet service providers and request that they block the customer access to our website;
(f) commence legal action against the customer, whether for breach of contract or otherwise; and/or
(g) suspend or delete the customer account on our website.
13.2 Where we suspend or prohibit or block the customer access to our website or a part of our website, the customer must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.1 We may revise these terms and conditions from time to time.
14.2 We will give the customer written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give the customer such notice; if the customer do not agree to the revised terms and conditions, the customer must stop using our website.
14.3 If the customer have given the customer express agreement to these terms and conditions, we will ask for the customer express agreement to any revision of these terms and conditions; and if the customer do not give the customer express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete the customer account on the website, and the customer must stop using the website.
15.1 The customer hereby agree that we may assign, transfer, sub-contract the rights and/or obligations under these terms and conditions to research work for us without giving any paid subscriper user details.
15.2 The customer may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of the customer rights and/or obligations under these terms and conditions.
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
17.1 A contract under these terms and conditions is for our benefit and the customer benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between the customer and us in relation to the customer use of our website and shall supersede all previous agreements between the customer and us in relation to the customer use of our website.
- Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with English law.
19.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
- Statutory and regulatory disclosures
20.1 We are registered in England and Wales and our registration number is 7374525.
20.2 We are registered as Mabs Technology with Information Commissioner's Office(ICO) in the United Kingdom and are subject to its policies and guidelines, which can be found at https://ico.org.uk/.
- Our details
21.1 This website is owned and operated by Mabs Technology.
21.2 We are registered in England and Wales under registration number 7374525
21.3 The customer can contact us:
(a) using our website contact form; or
(b) by email, using the email address published on our website.
The Company reserves the right to change these conditions from time to time as it sees fit and the customer continued use of the site will signify the customer acceptance of any adjustment to these terms. These terms and conditions form part of the Agreement between the Client and ourselves. The customer accessing of this website and/or undertaking of a booking or Agreement indicates the customer understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. The customer statutory Consumer Rights are unaffected.
© Mabs Technology All Rights Reserved