Terms and Conditions

1. Your Acceptance

Welcome

The following Terms of Service (“TOS”) are between you and ‘Apex Software Innovations Limited’ (“ASi”) and constitute a legal agreement that governs your use of the ASi product, software, services and websites (collectively referred to as the “Service”). You must agree to these TOS before you can use the Service. You can agree to these TOS by: a) actually using the Service, or b) clicking a box that indicates you agree to the Service, where such a box is made available to you. If you do not agree to any of the following terms, please do not use the Service. You should print or otherwise save a copy of these TOS for your records. "ASi" as used herein means Apex Software Innovations Limited., located at 2 Forest Rise, Oadby, Leicester, LE2 4FH United Kingdom.

Legal Authority

To use and/or register for the Service you must be: a) of legal age to form a binding contract with ASi, and b) cannot be a person barred from receiving the Service under the laws of the United Kingdom or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these TOS you represent that you understand and agree to the foregoing.

Updated

ASi may update or change these TOS from time to time and recommends that you review the TOS on a regular basis. You can review the most current version of the TOS at any time at http://www.apexsi.co.uk/ecater/terms/ . If ASi makes a change to the TOS, it will post the revised TOS on our website at the link as herein noted. You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised. Without limiting the foregoing, if ASi makes a change to the TOS that materially impacts your use of the Service, ASi may post notice of any such change on our website.

2. Description of Service

System Requirements

Use of the Service requires one or more compatible devices, certain software and internet access with compatible ISP (broadband required for web applications); separate fees may apply. Compatible Web Browser: Internet Explorer 9, Google Chrome, Safari 3, Firefox 4, or later. The Service is available in the following language: English.

Changing the Service

ASi reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, ASi may post on our website and/or send email to your registered email address, notice of such changes to the Service. It is your responsibility to review our website and/or check your registered email address for any such notices. You agree that ASi shall not be liable to you or any third party for any modification or cessation of the Service.

Limitations on Use

You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Your ASi account is allocated certain levels of storage capacity and bandwidth for network traffic and email as described in the ASi feature pages. Exceeding any applicable limitation of bandwidth or storage capacity (for example, Product Images total size) is prohibited. ASi reserves the right to modify these limitations on use at any time.

Availability of the Service

The Service, or any feature or part thereof, may not be available in all languages or in all countries and ASi makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.

Public Beta

From time to time, ASi may choose to offer new and/or updated features of the Service (the “Beta Features”) as part of a Public Beta Program (the “Program”) for the purpose of providing ASi with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and ASi, and that ASi is not obligated to provide you with any Beta Features. ASi may make such Beta Features available to Program participants by online registration or enrolment via the Service. You understand and agree that ASi may collect and use certain information from your account, bookings data and log files in order to enrol you in a Program and/or determine your eligibility to participate. You understand that once you enrol in a Program you may be unable to revert back to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by these TOS and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures. ASi may or may not provide you with technical and/or other support for the Beta Features. If support is provided it will be in addition to your normal support coverage for the Service and only available through the Program. You agree to abide by any support rules or policies that ASi provides to you in order to receive any such support. ASi reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time. You acknowledge that ASi has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, ASi will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that in the absence of a separate written agreement to the contrary, ASi will be free to use any feedback you provide for any purpose.

3. Use of Service

Member Account

When you accept these TOS and complete the ASi sign up process, you become a ASi “Member Account” holder. You are required to select a unique name upon sign up that will be used for your account (your “Member Name”). Your Member Name will be your primary email address.

Account Security

Upon creating your “Member Account” you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your “Member Account”. If you suspect or become aware of any unauthorized use of your account please contact ASi Support.

Sign Up Obligations

You agree that all information you provide to ASi during the sign up process (“Sign Up Data”) will be true, accurate, complete and current information, and that you shall maintain and update the Sign Up Data as needed throughout your term to keep it accurate and current. Failure to provide accurate, current and complete Sign Up Data may result in the suspension and/or termination of your account.

Additional Obligations or Terms of Use

Particular components or features of the Service, provided by ASi and/or its licensors, may be subject to separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the Service.

No Resale of Service

You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.

4. ASi Privacy Policy

You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with ASi’s Privacy Policy. You further consent and agree that ASi may collect, use, transmit, process and maintain information related to your account. Information collected by ASi when you use the Service may also include technical or diagnostic information related to your use that may be used by ASi to maintain, improve and enhance the Service. You further understand and agree that this information may be transferred to the United Kingdom and/or other countries for storage, backup.

5. Content

Content

"Content" means any information that may be generated or encountered through use of the Service, such as data files, written text, graphics, photographs, images, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not ASi, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. ASi does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.

Backup

As part of the service ASi will conduct a daily backup of your database files and website files.

Access to Your Account and Content

You acknowledge and agree that ASi may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of ASi, its users or the public as required or permitted by law.

6. Paymnet

Fees

You agree to pay all fees and charges specified when you signed up for the Service and any part thereof. All fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Service.

Credit Card Authorisation

You may be asked to provide ASi with a credit card number from a card issuer that we accept in order to activate and/or pay for any fees related to the Service. ASi may seek pre-authorisation of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorisations will reduce your available balance by the authorisation amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorisation amount will be removed from your statement.

Payment Method

ASi will either charge a monthly or yearly fee for the Service and will request that is paid by way of monthly Standing Order or BACS payment directly in to ASi Bank Account respectively.

Free Trial Period

ASi may offer you a one-time free trial period during which you can try out the Service for free (“First Month Free”). If you are participating in a Free Trial Period, you must cancel the Service by the end of the trial period to avoid incurring any charges. During the Free Trial Period, you agree that ASi will have the right (subject to applicable local law) to send you communications, notices and news about the Service to your email address and to any alternate email address you may have provided. Local law may allow you to revoke your consent to receiving these communications at any time during the Free Trial Period.

You can email your intention of cancellation using support@apexsi.co.uk

Automatic Renewal of Monthly Subscription

When you sign up online for the Service, your monthly and yearly subscription will be set to automatically renew upon its expiration. This means that unless you notify ASi of cancellation prior to its expiration, your account will automatically renew for another month.

You can email your intention of cancellation using support@apexsi.co.uk

Cancellations and Refunds

All fees and charges paid by you in relation to the Service are non-refundable, except as otherwise stated herein.

Changes in Price

ASi may at any time, upon notice required by applicable law, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the Service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.

7. Software

ASi’s Proprietary Rights

You acknowledge and agree that ASi and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

License From ASi

ASi grants you a non-exclusive, non-transferable, limited license to use the Software as provided to you by ASi as a part of the Service and in accordance with these TOS; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.

Updates

As part of the Service, you may from time to time receive updates to the Software from ASi. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that ASi may automatically deliver such updates to you as part of the Service.

8. Termination

Termination by You

You may terminate your account and/or stop using the Service at any time. To terminate your account contact ASi Support at support@apexsi.co.uk.

Any fees paid by you prior to your termination are non-refundable (except as expressly permitted otherwise by these TOS), including any fees paid in advance for the term during which you terminate. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.

Termination by ASi

ASi may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities; or (h) failure to pay any fees owed by you in relation to the Service. Any such termination or suspension shall be made by ASi in its sole discretion, without any refund to you of any prepaid fees or amounts, and ASi will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.

Google Maps & Weather Service

Use of the Google Maps service is subject to the following additional terms: Google Maps Terms of Service available at http://maps.google.com/help/terms_maps.html and Google Maps Legal Notices athttp://maps.google.com/help/legalnotices_maps.html

Disclaimer of Warranties

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ASI AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, CATERSOFT AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CATERSOFT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

10. Limitation of Liability

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASI AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF CATERSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

11. Indemnity

You agree to defend, indemnify and hold ASi, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these TOS; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your account, including any use by Sub-accounts, and that these TOS apply to any and all usage of your account, including any use by Sub-accounts. You agree to comply with these TOS and to defend, indemnify and hold harmless ASi from and against any and all claims and demands arising from usage of your account, whether or not such usage is expressly authorised by you.

12. Notices

ASi may provide you with notices regarding the Service, including changes to these TOS, by email to your primary/account email address (and/or other alternate email address if provided), by regular mail, or by postings on our website and/or the Service.