Terms and Conditions

Acceptance of Terms of Service.

This is an agreement between [Facctum Solutions Limited] ("Company"), the owner and operator of [https://facctum.com/] (the "Site"), and you ("you" or "You"), a user of the Site. By using the Site, you acknowledge and agree to these Terms of Service and also the Privacy Policy, which can be found at [https://facctum.com/privacy-policy/] and is incorporated by reference. If you choose to not agree with any of these terms, you may not use the Site.

1. License.

During the term of this agreement, the Company grants you a limited, non-exclusive, non-transferable license to access the Site for your personal and non-commercial use in accordance with the Terms of Service.

2. Your Account. 

2.1. Account Creation. You must complete the registration process by providing the Company with current, complete, and accurate information as prompted by the applicable registration form. You also will choose an organisation ID, a username, and a password.

2.2. Responsibility for Account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorised use of your account or any other breach of security. 

2.3. Liability for Account Misuse. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password. 

2.4. Use of Other Accounts. You may not use anyone else's account at any time, without the permission of the account holder.

3. Changes to Terms of Service.

3.1. Right to Change Terms. The Company reserves the right, in its sole discretion, to change these Terms of Service (“Updated Terms”) from time to time. 

3.2. Notice of Updated Terms. Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by posting them on the Site.

3.3. Acceptance of Updated Terms. Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site. 

3.4. Effective Date of Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of the Site from that point forward.

4. Account Security.

The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorised third parties will never be able to defeat the Site's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.

5. User Conduct.

5.1. You may not engage in any of the following prohibited activities:

    a. copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping“,

    b. using any automated system, including without limitation “robots“, “spiders“, “offline readers“, etc., to access the Site,

    c. transmitting spam, chain letters, or other unsolicited email,

    d. attempting to interfere with, compromising the system integrity or security of, or deciphering any transmissions to or from the servers running the Site,

    e. taking any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on Site infrastructure, 

    f. uploading invalid data, viruses, worms, or other software agents through the Site,

    g. collecting or harvesting any personally identifiable information, including account names, from the Site,

    h. using the Site for any commercial solicitation purposes,

    i. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity,

    j. interfering with the proper working of the Site,

    k. accessing any content on the Site through any technology or means other than those provided or authorised by the Site, or

    l. bypassing the measures used to prevent or restrict access to the Site, including without limitation, features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Service or the content.

6. User Content.

6.1. Content Ownership. You retain all ownership rights to user content uploaded to the Site.

7. Third-Party Content.

Through the Site, you will have the ability to access and/or use content provided by third parties. The Company cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise. The Company disclaims any responsibility or liability related to your access or use of any third-party content.

8. Links to other Websites. 

8.1. Links. The Site may contain links to third-party websites or resources. You acknowledge and agree that the COMPANY is not responsible or liable for:

    a. the availability or accuracy of such websites or resources; or

    b. the content, products, or services on or available from such websites or resources.

8.2. No Endorsement. Links to such websites or resources do not imply any endorsement by the Company of those websites or resources.

8.3. Assumption of Risk. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

9. Privacy

For information about how the Company collects, uses, and shares your information, please review our Privacy Policy [https://facctum.com/privacy-policy/]. You agree that, by using the Site, you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of that information.

10. Copyright Policy.

The Company respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide the Company with the following information in accordance with the Digital Millennium Copyright Act: 

10.1. a physical or electronic signature of the copyright owner or a person authorised to act on their behalf, 

10.2. identification of the copyrighted work claimed to have been infringed, 

10.3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, 

10.4. your contact information, including your address, telephone number, and an email address, 

10.5. a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law, and

10.6. a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.

11. Trademarks.

The Company name and logo are trademarks of the Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without prior written permission from the Company.

12. Termination. 

12.1. Termination on Notice. Either party may terminate this agreement for any reason on [30] Business Days’ notice to the other party. 

12.2. Termination for Material Breach. Each party may terminate this agreement with immediate effect by delivering notice of the termination to the other party if

    a. the other party fails to perform, has made, or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations, and

    b. the failure, inaccuracy, or breach continues for a period of [10] Business Days after the injured party delivers notice to the breaching party reasonably detailing the breach.

12.3. Termination for Insolvency. If either party becomes insolvent, bankrupt, or enters receivership, dissolution, or liquidation, the other party may terminate this agreement with immediate effect.

12.4. Termination Because of Law or Order. Either party may terminate this agreement with immediate effect if

    a. there is or becomes any Law that makes the performance of the terms of this agreement illegal or otherwise prohibited, or

    b. any Governmental Authority issues an Order restraining or enjoining the transactions under this agreement.

13. Disclaimers.

The Site is provided “as is“, without any warranties of any kind. To the fullest extent permissible under applicable Law, the Company disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.

14. Limitation on Liability.

Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.

15. Feedback.

We welcome any comments, questions, and communication at [info@facctum.com].

16. General Provisions.

16.1. Governing Law.

This agreement will be governed, construed, and enforced in accordance with English law and subject to the exclusive jurisdiction of the English courts, without regard to its conflict of laws rules.

16.2. Assignment. 

Neither party may assign this agreement or any of their rights or obligations under this agreement without the other party's written consent.

16.3. Notices.

Method of Notice. The parties will give all notices and communications between the parties in writing by electronic mail (email) to the email address provided by you to sign into the website. 

16.4. Waiver. 

    a. Affirmative Waivers. Neither party’s failure nor neglect to enforce any rights under this agreement will be deemed to be a waiver of that party’s rights.

    b. Written Waivers. A waiver or extension is only effective if it is in writing and signed by the party granting it.

    c. No General Waivers. A party's failure or neglect to enforce any of its rights under this agreement will not be deemed to be a waiver of that or any other of its rights.

    d. No Course of Dealing. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.

16.5. Severability.

If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.