Definitions and Interpretation In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; “System” means any online communications facility that We make available on Our Site either now or in the future. This may include, but is not limited to, contact forms, email, and live chat; and “We/Us/Our” means Systems and Outsourcing Limited, a company registered in England under 11343775, whose registered address is 76 Manchester Road, Denton, Manchester M34 3PS and whose main trading address is 76 Manchester Road, Denton, Manchester M34 3PS.
Information About Us Our Site, http://systemsandoutsourcing.com, is owned and operated by Systems and Outsourcing Limited, a limited company registered in England under 11343775, whose registered address is 76 Manchester Road, Denton, Manchester M34 3PS and whose main trading address is 76 Manchester Road, Denton, Manchester M34 3PS. When we become VAT registered our VAT number will be inserted here. We are regulated by the Information Commissioner’s Office. We are a member of the Information Commissioner’s Office.
Access to Our Site Access to Our Site is free of charge. It is your responsibility to make any and all arrangements necessary in order to access Our Site. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Intellectual Property Rights All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable the United Kingdom and international intellectual property laws and treaties. Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us. You may: Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app); Download Our Site (or any part of it) for caching; Print [one copy of any] page[s] from Our Site; Download extracts from pages on Our Site; and Save pages from Our Site for later and/or offline viewing. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers. Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
Links to Our Site You may link to Our Site provided that: You do so in a fair and legal manner; You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists; You do not use any logos or trademarks displayed on Our Site without Our express written permission; and You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
You may not link to any page other than the homepage of Our Site, http://systemsandoutsourcing.com. Deep-linking to other pages requires Our express written permission. Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at firstname.lastname@example.org for further information. You may not link to Our Site from any other site the content of which contains material that: is sexually explicit; is obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age; is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive another person; is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy; misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4); implies any form of affiliation with Us where none exists; infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence. The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
Links to Other Sites Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
Use of Our System You may use Our System at any time to contact Us. Please note the following; you must not: communicate in a way that is obscene, deliberately offensive, hateful or otherwise inflammatory; submit information that promotes violence; submit information that promotes or assists in any form of unlawful activity; submit information that discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age; submit information that is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; submit information that is calculated or is otherwise likely to deceive; submit information that is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy; misleadingly impersonate any person or otherwise misrepresent your identity or affiliation in a way that is calculated to deceive; imply any form of affiliation with Us where none exists; infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or submit information in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence. We may monitor any and all communications made using Our System. Any information that you send to Us through Our System may be modified by Us and, by sending us such information, you waive your moral right to be identified as the author of that information. Any personal information sent to Us, whether through Our System or otherwise (including but not limited to your name and contact details), will be collected, used and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 13.
Disclaimers Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. No part of Our Site is intended to constitute a contractual offer capable of acceptance. No goods or services are sold through Our Site and the details of goods and services provided on Our Site are provided for general information purposes only. We make reasonable efforts to ensure that any and all pricing information shown on Our Site is correct at the time of going online. We reserve the right to change prices at any time and may add or remove special offers and promotions from time to time. All pricing information is reviewed and updated. Whilst every reasonable effort has been made to ensure that all representations and descriptions of goods and services available from Us correspond to the actual goods and services available, minor variations or errors may occur. We make no representation, warranty, or guarantee that goods and services shown on Our Site will be available from Us. Please contact Us if you wish to enquire as to the availability of any goods and services.
Our Liability To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
Viruses, Malware and Security We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means. By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
Acceptable Use Policy You may only use Our Site in a manner that is lawful. Specifically: you must ensure that you comply fully with any and all local, national or international laws and/or regulations; you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent; you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions: suspend, whether temporarily or permanently, your right to access Our Site; issue you with a written warning; take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach; take further legal action against you as appropriate; disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or any other actions which We deem reasonably appropriate (and lawful). We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
Privacy and Cookies Use of Our Site is also governed by Our Cookie and Privacy Policies. These policies are incorporated into these Terms and Conditions by this reference.
Data Protection All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act. We may use your personal information to: Reply to any communications you send to Us; Send you important notices, as detailed in Clause 14; We will not pass on your personal information to any third parties without first obtaining your express permission to do so.
Communications from Us If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to five business days for your new preferences to take effect. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at email@example.com.
Changes to these Terms and Conditions We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Contacting Us To contact Us, please use Our System, email Us at firstname.lastname@example.org.
Law and Jurisdiction These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law. If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- the personal information we collect about you;
- what we do with your information; and
- who your information might be shared with.
WHO WE AREThis website is operated by Systems and Outsourcing Limited. We collect, use and are responsible for certain personal information about you. When we do so, we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as a ‘controller’ of that personal information for the purpose of those laws.
WHAT INFORMATION DO WE COLLECT?
Personal information provided by third partiesOccasionally we may receive information about you from other sources (such as credit reference agencies), which we will add to the information we already hold about you in order to help us provide products and services, improve and personalise our service to you.
Personal information about other individualsIf you give us information on behalf of someone else, you confirm that the other person has appointed you to act on his/her behalf and has agreed that you can:
- give consent on his/her behalf to the processing of his/her personal data;
- receive on his/her behalf any data protection notices;
- give consent to the transfer of his/her personal data abroad (see below for details)
Sensitive personal informationWe may ask you to provide sensitive personal information, for example, before entering into a joint venture with you. If we request such information, we will explain why we are requesting it and how we intend to use it.
Sensitive personal information includes information relating to:
- your political opinions;
- whether you belong to a trade union;
- your physical or mental health or condition;
- whether you have committed a criminal offence.
We will only collect your sensitive personal information with your explicit consent.
Monitoring and recording communications
We may monitor and record communications with you (such as telephone conversations, instant messaging interactions and emails) for the purpose of quality assurance, training, fraud prevention and compliance.
For example, we may monitor how many times you visit a website, which pages you visit, which links you click, traffic data, location data and the originating domain name of a user’s internet service provider. This information helps us to build a profile of our users. Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually.
You can set your browser not to accept cookies and the websites below tell you how to remove cookies from your browser. However, some of our website features may not function as a result.
HOW WILL WE USE THE INFORMATION ABOUT YOU?We collect information about you so that we can:
- identify you and manage any accounts you hold with us;
- process your order;
- conduct research, statistical analysis and behavioural analysis;
- carry out customer profiling and analyse your purchasing preferences;
- if you agree, let you know about other products or services that may be of interest to you—see ‘Marketing’ section below;
- detect and prevent fraud;
- do a credit check—see ‘Credit checking’ section below;
- customise our website and its content to your particular preferences;
- notify you of any changes to our website or to our services that may affect you;
- carry out security vetting;
- improve our services
MARKETINGWe would like to send you information by post, email, telephone, text message (SMS), instant messaging or automated calls about systems and outsourcing, products and services, competitions and special offers which may be of interest to you.
We will only ask whether you would like us to send you marketing messages when you tick the relevant box when you visit our site or you do one of the following for the first time; make an online order, sign-up for our newsletter, download our content, register for a webinar, register for a masterclass or any other meeting with us, join our facebook group, book a call with us using Acuity Schedular, .
You can find examples of what these forms look like by clicking the links below:
Opt-in to the newsletter:http://www.systemsandoutsourcing.com/
Book a call with us using Acuity: https://www.screencast.com/t/g9EWnk7Q
Register for a Masterclass: https://www.screencast.com/t/PlAGvFxfs
If you have consented to receive such marketing from us, you can opt out at any time. See ‘What rights do you have?’ below for further information.
CREDIT CHECKINGWe may do a credit check on you:
- so that we and other companies in our group can make credit decisions about you and members of your household; and
- to prevent and detect fraud and money laundering.
Our search will be recorded on the files of the credit reference agency.
We may also disclose information about how you conduct your account to credit reference agencies and your information may be linked to records relating to other people living at the same address with whom you are financially linked.
Other credit businesses may use your information to:
- make credit decisions about you and the people with whom you are financially associated;
- trace debtors; and
- prevent and detect fraud and money laundering.
If you provide false or inaccurate information to us and we suspect fraud, we will record this.
If you want to see your credit file, please contact the credit reference agency which we use [insert details].]
WHO YOUR INFORMATION MIGHT BE SHARED WITHWe may disclose your personal data to:
- other companies within our group;
- our agents and service providers;
- credit reference agents—see ‘Credit checking’ above;
- law enforcement agencies in connection with any investigation to help prevent unlawful activity;
- our business partners in accordance with the ‘Marketing’ section above; and
KEEPING YOUR DATA SECUREWe will use technical and organisational measures to safeguard your personal data, for example:
- access to your account is controlled by a password and username that are unique to you;
- we store your personal data on secure servers; and
- payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when we use this technology).
- We are registered with the Information Commissioner’s Office
While we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason, we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet. If you have any particular concerns about your information, please contact us (see ‘How to contact us?’ below).
What can I do to keep my information safe?If you want detailed information from ‘Get Safe Online’ on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
TRANSFERS OF YOUR INFORMATION INSIDE AND OUTSIDE OF THE EEAWhen you signed up for any of our services including but not limited to those mentioned above under ‘MARKETING’ you agreed that we may transfer your personal data to the Philippines which is located outside the European Economic Area, for the purpose of delivering our services to you, bookkeeping, and marketing. Rest assured that we will always ensure any transfer is subject to appropriate security measures to safeguard your personal data.
The Philippines do not have the same data protection laws as the United Kingdom and EEA. Whilst the European Commission has not given a formal decision that such a country outside the EEA provides an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information will be subject to a Data Sharing Agreement and appropriate security measures to safeguard your personal data (as permitted under Article 46 of the General Data Protection Regulation) that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information.
WHAT RIGHTS DO YOU HAVE?Right to request a copy of your informationYou can request a copy of your information which we hold (this is known as a subject access request). If you would like a copy of it, please:
- email, call or write to us (see ‘How to contact us?’ below);
- let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
- let us know the information you want a copy of, including any account or reference numbers if you have them.
We may charge a small fee(£10) for this service.
Right to correct any mistakes in your informationYou can require us to correct any mistakes in your information which we hold free of charge. If you would like to do this, please:
- email, call or write to us (see ‘How to contact us?’ below);
- let us have enough information to identify you (e.g. account number, username, registration details); and
- let us know the information that is incorrect and what it should be replaced with.
Right to ask us to stop contacting you with direct marketingYou can ask us to stop contacting you for direct marketing purposes. If you would like to do this, please:
- email, call or write to us (see ‘How to contact us?’ below). You can also click on the ‘unsubscribe’ button at the bottom of the email newsletter or click the ‘unsubscribe’ button in Manychat. It may take 28 days for this to take place;
- let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and
- let us know what method of contact you are not happy with if you are unhappy with certain ways of contacting you only (for example, you may be happy for us to contact you by email but not by telephone).
If you wish to contact us, please send an email to email@example.com or write to 76 Manchester Road, Denton, Manchester, M34 3PS.