inspace is a NFC based space management system, delivered via the website located at http://www.freshconnect.app (the “Website”) and the Inspace app (the “App”)(jointly and severally the “Service”).
inspace monitors and manages the effectiveness of inspace -controlled spaces (“Spaces”).
4. TECHNICAL REQUIREMENTS
You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access the Service.
5. USE OF THE SERVICE
When using the Service, you are permitted to view, print and download material for personal, non-commercial use only. You may not distribute, sell, transmit, reproduce or publish by electronic or any other means any part of the data or content on the Service, or make any commercial use of the Service, without the prior written permission of inspace.
To access some parts of the Service or to procure certain goods or services via a Service you may need to create an account.
Account holders must:
(a) provide accurate and complete information when creating an account;
(b) update details where necessary to maintain accurate and complete information;
(c) keep all login and password details confidential; and
Account holders acknowledge that:
(a) account holders are responsible for all use of their log-in and password details whether authorised or not;
(b) inspace may, at any time, cancel an account, username, login details, or password with respect to the use of the Service; and
(c) inspace accepts no liability for any unauthorised use of an account.
6. INTELLECTUAL PROPERTY IN CONTENT ON THE SERVICE
You acknowledge that you have no right, title or interest in or to any aspect of any Service.
inspace does not warrant or guarantee and accepts no responsibility for the accuracy or completeness of any content for any purpose. Subject to any statutory provisions which may not be excluded by law, Inspace will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any content or its publication, including any action for copyright infringement, trade mark infringement, or defamation.
7. TRADE MARKS
You must not use any inspace trade marks without the prior written approval of inspace.
8. PROHIBITED ACTIVITY
Prohibited uses of the Service include, but are not limited to:
(b) using the Service in a manner inconsistent with applicable policies, laws, statutes, and regulations;
(c) criminal or tortious activity or the infringement of intellectual property rights;
(d) circumventing or modifying or attempting to circumvent or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any security technology or software that is part of the Service;
(e) deleting, circumventing or altering any legal notices, rights management information or technological protection measures;
(f) activity that involves the use of viruses, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or a computer network;
(g) interfering with the use of the Service by others, including but not limited to interfering with the computer systems which support the Service, overloading the Service, engaging in a denial-of-service attack, or attempting to disable a host; or
(h) impersonating or falsely representing your association with any person or organisation.
inspace may take action (including legal action) against any person who, in inspace’s determination, engages in any prohibited activity on or through the Service. inspace reserves the right to cooperate fully with any law enforcement authority in any jurisdiction and comply with the law or legal process.
9. THIRD PARTY WEBSITES
The Service may contain links or references to internet sites operated by third parties. These third party sites are not under the control of Inspace and inspace is not responsible for the content of these sites. inspace makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from these sites. Inclusion of any linked website on the Service does not imply approval or endorsement of the linked website by inspace. When you access such third party sites you do so at your own risk.
You can, at any time, deactivate your account on the Service by visiting the Support page on the Service and following the prompts to delete the account.
11. LIMITATION OF LIABILITY
inspace does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010, which cannot be excluded, restricted or modified. However Inspace does exclude all other rights, remedies, conditions, and warranties in respect of goods, services and the Service which may be excluded under law, custom or statute.
To the maximum extent permitted by law, inspace’s liability in respect of any goods or services purchased from or through the Service which cannot be excluded or restricted is limited to the lesser of: (i) the replacement of any good or service purchased; and (ii) a refund of the purchase price paid by you to inspace for that good or service.
inspace will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access the Service, or any access to a Inspace, even if inspace has been advised of the possibility of such damages or losses.
The inspace Sites are provided as-is and as available. Subject to clause 11, inspace makes no warranties of any kind, express or implied, about the Service, or the goods and services provided through the Service, including but not limited to any warranties:
(a) about the accuracy and reliability of the material posted on the Service;
(b) that your access to the Service or the material on the Service will be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.
inspace is not liable to you or any other person in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of the Service or your access to a Inspace.
inspace assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorised access to, or alteration of, any user communication. Inspace is not responsible for any technical problems or malfunction of any telephone network or lines, online systems, servers, providers, hardware, software, due to technical problems or traffic congestion on the internet or on the Service. Inspace also expressly disclaims any warranty of fitness for a particular purpose.
inspace reserves the right to modify, suspend, or terminate operation of or access to the Service, or any portion of the Service and to interrupt the operation of the Service or any portion of the Service as necessary to perform maintenance at any time, for any reason and without notice.
You indemnify inspace, its related bodies corporate, subsidiaries, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with:
(b) your use of the Service and access to Spaces; and
(c) any violation of any law or the rights of any third party.
15. ENTIRE AGREEMENT
17. RIGHTS AND REMEDIES CUMULATIVE
inspace’s rights and remedies are cumulative and none of them limits any other remedy or right of Inspace. Your undertakings and obligations arec umulative and none of them limits any other of your undertakings or obligations.
19. GOVERNING LAW