TERMS AND CONDITIONS OF USING THE WEBSITE

Introduction

These terms and conditions (T&Cs) apply between the user (you) of this website (www.recallit.co.uk) including any other domains linked within this website (unless containing their own T&CS through expressed means), and ‘Recall It’, who is the owner and operator of this website. The onus is on the user to read these terms and conditions carefully, which is advised as they are directly relevant to your legal rights. As a result of the use of this website, it is implied that there is an agreement by the user to comply with and be bound by these terms and conditions immediately upon first use of the Website. If the user does not agree to be bound by these terms and conditions, then s/he should stop using the Website immediately.

In these T&Cs, the user(s) is deemed to be any third party that accesses www.recallit.co.uk (and any of its sub-domains) and is not an employee or acting in course of their employment, under any consultancy arrangement or other related services that require direct access of the website (for example the design of it or requiring access to provide any other service of it after agreement with its owner and operator.

 

Intellectual property and acceptability standards of website usage

  1. The entire content on the website is the property of the owner of the website excluding any inputted/uploaded by the user, or any licenced, copyright material owned by a third party/person(s). This content includes, but is not limited to text, audio, graphics & design, video, software, structure/layout of the website, data, coding, software and any other content that appears on the website including any inputted/uploaded data by the user. However ‘Recall It’ shall not take responsibility for any illegal inputting/uploading of content by the user. By means of you using this website you acknowledge that the content on the website shall not be used for your own means and so is protected by copyright, trademarks, database rights and other intellectual property rights. You agree that you shall not use any content on the website in any way, shape or form for your own means whether personal or business related except when permission is sought and obtained from ‘Recall It’.

 

  1. The user is only given permission to view, display and ‘print-out’ any contents on the website for ‘safe keeping’ purposes for example when data is inputted/uploaded and proof is required that this was done. The user does not have any other permissions except the above. Therefore the user must not reproduce, modify, copy, distribute or use for commercial reasons any of the website’s contents except where permission is sought and granted by ‘Recall It’.

 

  1. The user acknowledges that s/he is responsible for the input and uploading of any content onto the website and that ‘Recall It’ and those associated shall be indemnified against any illegal input/uploading and thus its legality status, accuracy, quality, copyright, trademark. The user confirms that s/he will not input/upload any content that may be illegal in any way, subject to potential defamation, of a harassing/bullying nature, implied or expressly threatening, abusive or any potential infringements of a person’s property or privacy rights. Illegal means any content that would be in violation, or potentially in violation of any law that would result in liability whether criminal or civil. The user also agrees not to “spam” any content, upload any “viruses” or any political views. The user must not to use a fake email address and details of him/herself and neither any details of an individual other than himself except where those details are required within the website. Therefore the user must not mislead in any way through the input/uploading of any content.

 

  1. The user confirms that;

 a. s/he is the owner of or alternatively, controls all rights to the content input/uploaded but provides the website owner full permission to use this data for the foreseeable future. This includes, but is not limited to, usage of this content input/upload for advertising and promotional purposes.

b. the contents input/uploaded are accurate.

c. the contents do not violate any part of these T&Cs.

d. the contents will not cause, or potentially cause, any injury to any person(s).

and as such the User alone shall be responsible for any liability in relation to the input/uploading of this content thus indemnifying ‘Recall It’.

 

Prohibited use

  1. The user confirms not to use the website in a way that would:

 

a. potentially cause damage to it or interferes with any other person’s use or enjoyment of it.

b. be harmful, illegal or lead to any potential repercussions under criminal or civil law or any regulations or governmental order.

c. Breach any copyright or trademark laws by the use of inputting/uploading content that s/he does not own or have a legal control over or by taking copyright material from the website itself and storing it for personal or commercial reasons except where permission is sought and granted from ‘Recall It’.

Website availability and disclaimers

  1. The user understands and accepts that the website:

a. may during certain periods be “unavailable”

b. contain inaccurate information due to administrative error

c. contain defects

d. will not provide any warranty for reasons as to whether the website is fit for purpose, accurate, quality, compatible or up to date with the current laws and regulations although every reasonable endeavour has been made to comply with all, including the GDPR regulations implemented within the Data Protection Act 2018.

e. become “permanently unavailable” including any product and/or services offered.

f. may become unsecure, infected with virus(es) or malware and that while ‘Recall It’ has taken reasonable precaution to ensure this is not the case, the user will accept that the onus is on him/herself to ensure they have security against this potential risk including personal details and electronic device(s). Therefore ‘Recall It’ does not give any warranty or guaranty in relation to this.

g. may undergo alternations including, but not limited to, the products and/or services offered. These T&Cs shall continue to apply to the new modified version of the website unless expressly stated or replaced with new ones.

h. The user accepts that ‘Recall It’ shall not be liable for any issues in the above clauses.

 

Liability and its limitations

  1. The liability under these T&Cs is restricted to that which is permitted under applicable law. Therefore these T&Cs will not limit or exclude any liability for death, personal injury, fraud, fraudulent misrepresentation or any other liability that would not be permitted for limitation or exclusion by applicable law. This liability would apply to both ‘Recall It’ and the user.
  1. ‘Recall It’ will not be liable to the user for any losses that arise out of unforeseen events and/or those beyond ‘Recall It’s reasonable control.
  1. To the maximum permissible extent by law, ‘Recall It’ will hold no liability for:

    a. any loss of business including, but not limited to, loss of profit/expected profit, income, revenue, expected savings, business, contracts, goodwill or opportunities lost including small and/or commercial.

    b. any data downloaded or input/uploaded to or from the website that becomes lost or corrupted;

    c. any other loss that would be labelled trivial, special, indirect or results in consequential loss or damage.

General important information

  1. The user may not transfer his/her rights to another person(s) or party(s). ‘Recall It’ has permission to transfer its rights where it is reasonably believed the user’s own rights shall not be affected. ‘Recall It’ can vary these T&Cs at any time it chooses to do so. The revised T&C’s validity shall be from the date of its publication on the website. The onus is on the owner to check the T&Cs on the website on a regular occasion to ensure s/he is up to date with the current version.

 

  1. These T&Cs are to take precedence in place of any prior discussions, arrangements or agreements that might have taken place pre-reading of these and thus shall be constituted as the whole agreement between the user and ‘Recall It’.

 

  1. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these T&Cs and no third party will have any right by law to enforce or rely on any provision of these T&Cs.

 

  1. In the event any court or competent authority finds that there is/are any provisions within these T&Cs that are illegal, unenforceable and/or invalid then those/that provisions shall be implied as deleted from the T&Cs. However the remainder provisions shall still be rendered legal and thus valid and enforceable. Therefore in such circumstances the remainder T&Cs shall take effect and continue as normal.

 

  1. Except where there is agreement, no delay, act or omission by a party in exercising his/her rights or render shall be deemed/implied as a waiver of that right or remedy, or any other of the same.

 

  1. This agreement shall be governed by the law of England and Wales and thus subject to the jurisdiction of the English and Welsh Courts. No other Courts shall have jurisdiction in respect of this agreement and any disputes that may arise as a result of the agreement including both non-contractual disputes and any other claims brought forward by either party.

 

‘Recall It’ details

  1. ‘Recall It’ is under the umbrella of ‘Stay Tech Limited’ a company incorporated in England with registered number 13127560 whose registered address is Park House, Park Road, Audenshaw, Manchester, M34 5QW and it operates the Website www.recallit.co.uk.

You can contact ‘Recall It’ by email on info@recallit.co.uk

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