These are the terms and conditions of use (“Terms”) for the Automagica Portal service (“Portal”).
The Portal is operated by OAKWOOD TECHNOLOGIES BV (“Automagica”, “we”, and “our”). Our registered company number is BE0679779364, and our registered office is Meierijstraat 1, 3920 Lommel, Belgium.
In these Terms, unless the context otherwise requires, all further references to you (and your, etc.) means both you as an individual user and also the organisation on whose behalf you are acting (if any). You acknowledge and agree that you are authorised to act on behalf of, and to bind, the organisation on whose behalf you are acting (if any).
Your use of the Portal will be subject to these Terms and by using the Portal you agree to be bound by them. You acknowledge that use of the Portal provides you with the opportunity to access and utilise valuable services.
We reserve the right to change these Terms from time to time by changing them on the Portal and by continuing to use the Portal you will be deemed to have accepted those and such shall be deemed to be the Terms going forward. These Terms were last updated on 13th October 2020.
IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE NOT AUTHORISED TO AGREE TO THESE TERMS ON BEHALF THE ORGANISATION ON WHOSE BEHALF YOU ARE ACTING, THEN YOU MUST NOT PROCEED ANY FURTHER. BY PROCEEDING WITH YOUR APPLICATION TO USE THE PORTAL, CLICKING ON AN ACCEPT BUTTON OR BY USING THE PORTAL YOU WILL BE DEEMED TO HAVE AGREED TO THESE TERMS.
Limited Use of the Portal
We are granting you a limited, non-exclusive and non-transferable licence to use the Portal only for evaluation purposes. Therefore it may not be used for any live system, provision of a commercial service and/or onward provision to a third party for any reason whatsoever. You may not publish or otherwise disclose to any third party any information relating to your use of the Portal and/or the performance, features and/or functionality of the Portal.
We may change the features, functionality, layout and the look-and-feel of the Portal from time to time at our sole discretion and without notice to you. You agree that your use of the Portal is on an ‘as is’ and ‘as available’ basis and at your sole risk.
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Portal and is compatible with the Portal.
You must only use the Portal for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of the other members of the Netcall group of companies.
You may have been granted access rights to the Portal through your employer. We may, from time to time, restrict access to certain features or parts of the Portal, or the entire Portal, to users who have registered with us.
If you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware or reasonably suspect. We reserve the right to suspend your use of the Portal and/or disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a user prove to be false.
We cannot guarantee the continuous, uninterrupted or error-free operability of the Portal. There may be times when certain features, parts or content of the Portal, or the entire Portal, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Portal, or any features or parts of the Portal.
Expiry & Termination of Use of the Portal
Your licence to use the Portal is limited to a 30-day period commencing from the date that we first provide you with access to the Portal. However, we may terminate your access to the Portal at any time at our discretion and without any notice to you. All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them.
You shall indemnify us in full against any losses we occur arising out of or in connection with your use of the Portal.
Intellectual Property Rights
All intellectual property rights in the Portal are owned by us or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by using the Portal. We do not provide any warranty that your usage of the Portal will not infringe any third party’s intellectual property rights.
We do not make any representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality and/or fitness for purpose of the Portal to the fullest extent permitted by law. All implied warranties, conditions or other terms of any kind are hereby excluded.
It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks and risk assessments) in respect of you use of the Portal.
You are not permitted to process any personal data via the Portal.
Nothing in these Terms shall limit or exclude our liability to you:
- For death or personal injury caused by our negligence;
- For fraudulent misrepresentation; or
- For any other liability that, by law, may not be limited or excluded.
Subject to this, in no event shall we be liable to you for:
- Use of or inability to use the Portal;
- Any indirect or consequential losses;
- Any loss of profit, revenue, contracts, goodwill, business and/or anticipated savings; and/or
- Any loss of, damage to and/or corruption of data.
Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the sum of £100.
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. You may not novate, transfer or assign this agreement to any third party.
These Terms shall be governed by English law. You agree that any dispute (including any non-contractual dispute) between you and us regarding these Terms and/or the Portal will only be dealt with by the English courts.
Please submit any questions you have about these Terms or the Portal by email to email@example.com.