Terms and Conditions

1. Introduction

These terms of use (the ‘Terms’) govern your (‘user’, ‘you’) use of our website (as defined below) and the relationship between Timecheck Ltd (‘us’, ‘we’, ‘our’) and you; by using our website, you accept these Terms in full. If you disagree with these Terms or any part of them, you must leave the website immediately and refrain from using the Services (as defined below). Our website uses cookies. By using our website and Services you represent and warrant that you have read and understand, and agree to be bound by these Terms and the Privacy & Cookies Policy.

If a user does not have capacity to enter into these Terms or is under the age of 18 then only a person with capacity over the age of 18 who has responsibility for the said user (the ‘Guardian’) can enter into these Terms and access our website and the Services on behalf of such user. The Guardian will be bound by these Terms and warrants and represents to us that they have the required authority. The Guardian shall be deemed to have accepted these Terms as applying to themselves and the user and any references to you shall apply to both the Guardian and the user.

Any reference to “our website” is to this website and any other websites provided by us.

2. Terms of sale

You agree that you will pay for your purchase of an annual license from us for use of the Services delivered through our website, including any taxes as applicable. This annual license will automatically renew after 12 months, for a further term of 12 months, unless we hear from you otherwise in writing no later than one month before the end of the annual (or the 12 month) term, as the case may be.

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. IF A THIRD PARTY IS PAYING YOUR FEES YOU SHALL REMAIN LIABLE FOR OUR FEES IN THE EVENT OF NON-PAYMENT. WE CURRENTLY USE PAYPAL TO RECEIVE LICENSE FEES BUT WE MAY ALSO USE OTHER METHODS FROM TIME TO TIME. YOU AGREE TO ABIDE BY PAYPAL’S TERMS AND CONDITIONS.

The fees you will pay will be the price set out on our website from time to time (the ‘Price’). The Price shall include the price of the product or the Services plus any applicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you register to subscribe. The prices offered on our website may change from time to time which shall not affect the Price charged to you.

All sales of products or the Services are final.

If technical problems prevent or unreasonably delay delivery of your product or our Services, your exclusive and sole remedy is a refund of the price paid, as determined by us.

3. License to use our Services

Unless otherwise stated, we or our licensors own the intellectual property rights in our website and the Services. Subject to the license below, all these intellectual property rights are reserved.Subject to your compliance with these Terms, we grant you a non-exclusive, non-sub licensable, revocable, non-transferable license to use the website and the Services. The website and the Services are for your own personal use and shall be for non-commercial use.You may view, download for caching up purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.You must not:

  • republish material from our website (including republication on another website); or
  • sell, rent or sub-license material from our website or the Services; or
  • reproduce, duplicate, copy or otherwise exploit material on our website or the Services for any commercial purpose.

We may revoke this license at any time with or without notice or explanation if you breach any of these the terms above.

4. Acceptable use

You must not use our website or the Services in any way:

  • that causes, or may cause, damage to our website or impairment of the availability or accessibility of our website or the Services;
  • that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • 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;
  • to 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;
  • to transmit or send unsolicited commercial communications (including spam);
  • for any purposes related to marketing without our express written consent;
  • to ‘stalk’ or otherwise harass any person, or contact any person who has not authorised you to make contact;
  • to provide false, misleading or inaccurate information about us or any other user of our website and/or the Services;
  • to impersonate or otherwise misrepresent a connection or association with any person or entity;
  • to use or attempt to use any engine, software, or other devices (including but not limited to browsers, spiders, avatars or intelligent agents) to collect information from our website for any use (including but not limited to use on third party websites);
  • to solicit login details or to access content not intended for you, or to log into any account or server that you are not authorised to access;
  • to probe, scan or test the vulnerability of our website, the Services or any associated system or network.You must not interfere or attempt to interfere with the use of our website or the Services, including but not limited to, by means of submitting a virus, overloading, flooding, spamming, mail bombing, or crashing;
  • to use our website or the Services to send unsolicited email or post or transmit unsolicited advertising, promotional materials, junk mail, spam, chain letters or pyramid schemes or any form of solicitation;
  • to attempt to modify, reverse engineer, disassemble or otherwise reduce or attempt to reduce any of the source code used in providing our website and the Services to a human-perceivable form;
  • to post content containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions;
  • to disable, overburden, or impair the proper working or appearance of our website, such as a denial of service attack or interference with pages on our website affecting its functionality;
  • to encourage others to violate the above restrictions or any of these Terms; or
  • if you are convicted of any sexually related crime.

Any violation of this section may subject you to civil and/or criminal liability and shall entitle us to revoke this license at any time with or without notice or explanation.

5. Registered Users

Access to certain areas of our website can be restricted to invited guests. If you have been granted access as a guest, then your access may be terminated at any time without reason by the user(s) who granted you access or by us.

In order to become a registered user, you must provide us with the information requested at sign up, including but not limited to user name, email address, password, date of birth, postcode and gender.You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair, complete and not misleading.

For those users with a learning disability it is recommended that the registration is completed with a person who has the duty of care for the person with the learning disability to ensure that the best interests of the user is fully served.

You will select your own username and password, but you acknowledge that we may refuse to permit, or may insist that you change, any username that impersonates another person or breaches the provisions of the following terms.

You must not share your login and password details with anyone else, allow anyone else to access your account or do anything which would compromise the security of your account.

You must notify us immediately by e-mailing admin@timecheck.org.uk if you become aware of any unauthorised use of your account.You are responsible for any activity on our website and/or the Services arising out of any failure to keep your account details confidential, and may be held liable for any losses arising out of such a failure.

You must not use any other person's username and password to access our website or the Services.As a user you will have access to our website to:

  • create only one account for you. If we disable your account, you will not create another account without our prior written permission;
  • complete your detailed personal profile, to publish your profile on our website, and to restrict the publication of your profile to particular groups or individuals registered on our website;
  • send private messages via our website to particular groups or individuals registered on our website; and
  • post photographs, documents, videos and other information on our website;

together known as the ‘Services’.

We may outsource our Services to third parties from time to time (such as video hosting to Vimeo and storage of data to Microsoft Azure).

We rely upon our members to provide current and accurate information and we do not and cannot investigate all information contained in a member’s public profiles.We may disable usernames and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.

6. User generated content

In these Terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. You own your user content and you control how it is shared with others.You grant us a worldwide, irrevocable, non-exclusive, transferable, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.You warrant and represent that your user content will comply with these Terms.

You further grant all users of our Services permission to view your user content for their personal, non-commercial purposes. This includes the right to copy and make derivative works from your user content to the extent necessary to use our Services. The foregoing licenses are in addition to any license you may decide to grant.

When you delete your user content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

We always appreciate your feedback or other suggestions about our website and or the Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).Your user content (and its publication on our website) must not:

  • be libelous or maliciously false;
  • be obscene or indecent;
  • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  • infringe any right of confidence, right of privacy, or right under data protection legislation;
  • constitute negligent advice or contain any negligent statement;
  • constitute an incitement to commit a crime;
  • be in contempt of any court, or in breach of any court order;
  • be in breach of racial or religious hatred or discrimination legislation;
  • be blasphemous;
  • be in breach of official secrets legislation;
  • be in breach of any contractual obligation owed to any person;
  • depict violence in an explicit, graphic or gratuitous manner;
  • be pornographic or sexually explicit;
  • be untrue, false, inaccurate or misleading;
  • 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;
  • constitute spam;
  • be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
  • cause annoyance, inconvenience or needless anxiety to any person.

Your user content must be appropriate, civil, and tasteful and accord with generally accepted standards of etiquette and behavior on the internet.You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these Terms.You must not submit any user content to our website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.Notwithstanding our rights under these Terms in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

7. Limited warranties

You acknowledge that some of the information published on our website is submitted by other users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on our website; nor do we commit to ensuring that our website remains available or that the material on our website is kept up-to-date.To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to our website and the use of our website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

8. Limitations and exclusions of liability

Nothing in these Terms will:

(a) limit or exclude our or your liability for death or personal injury resulting from negligence;

(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or

(c) limit any of our or your liabilities in any way that is not permitted or which may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these Terms:

(a) are subject to the preceding paragraph; and

(b) govern all liabilities arising under these Terms or in relation to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of:

  • any losses arising out of any event or events beyond our reasonable control;
  • any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
  • any loss or corruption of any data, database or software; or
  • any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with our website or these Terms.

This will not, of course, limit or exclude our liability for the acts and omissions of our officers and employees.You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website.

You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

9. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

10. Breaches of these Terms

Without prejudice to any other rights we may have under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:

  • send you one or more formal warnings;
  • temporarily suspend your access to our website;
  • permanently prohibit you from accessing our website;
  • block computers using your IP address from accessing our website;
  • contact your internet services provider and request that they block your access to our website;
  • bring court proceedings against you for breach of contract or otherwise;
  • suspend and/or delete your account with us; and/or
  • delete and/or edit any or all of your user generated content.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

11. Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

12. Trade marks

Timecheck and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

13. Variation and waiver

We may revise these Terms from time-to-time. Revised terms of use will apply to the use of our website from the date of our publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise by us of that or any other right or remedy. No single or partial exercise of such right or remedy by us shall prevent or restrict the further exercise of that or any other right or remedy.

14. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent.You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.

15. Severability

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision 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.

16. Exclusion of third party rights

These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.

17. Entire agreement

These Terms, together with our Privacy & Cookies Policy, constitute the entire agreement between you and us in relation to your use of our website and/or the Services, and supersede all previous agreements in respect of your use of our website and/or Services.

18. Law and jurisdiction

These Terms shall be governed by and construed in accordance with English law (including non-contractual claims or disputes), and any disputes relating to these Terms (including non-contractual claims or disputes) will be subject to the exclusive jurisdiction of the courts of England and Wales.

19. Data Collection

By using or accessing our website, you agree that we can collect and use your date and/or your user content in accordance with our Privacy & Cookies Policy as amended from time to time.

20. Our details

The full name of our company is Timecheck Ltd.We are registered in England & Wales under registration number 09499023.Our VAT number is 230759412.Our registered address is situated at 3 The Triangle, Nottingham, United Kingdom NG2 1AE.You can contact us by email to admin@timecheck.org.uk

Published: September 2016

Also see the Guest Terms and Conditions