Terms of Service
Welcome to www.driftrock.com (the Website) brought to you by Driftrock Limited, a company incorporated in England, company number 08717688, with its registered office at Commercial Unit 2, Aurora Building, 124 East Road, London, N1 6FD, United Kingdom (Driftrock, We, Us, Our).
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE TERMS AND CONDITIONS) CAREFULLY BEFORE REGISTERING TO USE THE WEBSITE OR BEFORE PURCHASING ANY OF OUR APPLICATIONS OFFERED FOR SALE FROM TIME TO TIME ON THE WEBSITE (THE DRIFTROCK APP or APPS). THE WEBSITE, ANY SERVICES OFFERED BY DRIFTROCK AND THE DRIFTROCK APPS ARE TOGETHER REFERRED TO IN THESE TERMS AND CONDITIONS AS THE SERVICES.
We also use the following definitions in these terms and conditions.
Customer Data means all data relating to your customers or to the customers of your clients which is provided by you to us for the purposes of providing the Services.
Intellectual Property Rights means patents, rights in inventions, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and rights in confidential information including know how and trade secrets (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs; and
User Content means any text, files, images, photos, videos or works of authorship that you contribute or submit to us for the purposes of providing the Services, (but shall not include any content, materials or information that you have downloaded, copied or otherwise obtained from the Website including but not limited to Driftrock Apps and any code or algorithms incorporated into Driftrock Apps, which you hereby acknowledge is owned by us or our licensors).
BY SIGNING UP TO AND/OR ACCESSING OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. FURTHER, YOU WARRANT THAT YOU: (i) ARE 18 YEARS OF AGE OR OLDER; (ii) ARE LEGALLY CAPABLE OF ENTERING INTO BINDING CONTRACTS; AND (iii) HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE SERVICES.
Driftrock is constantly innovating in order to provide the best possible experience for its users. We may from time to time vary the form and nature of the Services which we provide and these Terms and Conditions. Examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements or the withdrawal of functionality or services. Please check back here regularly to ensure that you are aware of the latest version of these Terms and Conditions. Your use of the Services will be subject to the version of the Terms and Conditions posted on the Website at the time of such use. You acknowledge and agree that these may change from time to time without prior notice to you. Changes to the form and nature of the Services will be effective with respect to all versions of the Services.
1. CONTACTING US
If you would like to get in touch with us or have a complaint about the Services or anything contained on the Website, please contact us using the following details:
Commercial Unit 2,
124 East Road
- 2.1 You will need to register on the Website before you can use the Services. Even if you have not yet registered on the Website, your use of the Website shall be subject to these Terms and Conditions.
- 2.2 You must be at least 18 years old to register with us. You agree that: (a) all registration information that you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. By registering with us you are confirming that you are at least 18 years old.
- 2.3 As part of the registration process you will be required to submit a username and password and this will need to be verified and accepted by us. We reserve the right to refuse to accept any username which we deem to be inappropriate (in our sole discretion).
- 2.4 Once you have registered, it is your responsibility to keep your username and password secret. We will be entitled to assume that any person logging in using your username and password is either you or someone doing so with your permission. You will be responsible and liable for any actions of any person logging into the Website using your username and password. You should notify us immediately if you suspect that anyone else knows your username and password or that anyone has logged in as you.
- 2.5 We may at any time and for any reason refuse to accept a registration from any person.
- 3.1 Access to the Website is currently free of charge. You will be charged to purchase certain Driftrock Apps. We may stop offering the Website free of charge at any time but we will inform you by email and we will give you a reasonable amount of time to terminate your registration if you wish to do so.
- 3.2 Driftrock Apps which are subject to payment of a fee are identified on the Website and the fee payable and payment tiers available are specified in each case. By selecting a fee-based Driftrock App you commit to payment of the associated fee.
- 3.3 Fees are charged on a subscription basis for a 30 day period from the date you first subscribe for a Driftrock App and for rolling 30 day periods thereafter. We may in our sole discretion offer the option of an annual fee payable in advance which may attract a discount on our monthly fees. Any subscription which is not paid for when payment is due may lead to the Services being suspended by Driftrock.
- 3.4 Subscriptions for any Driftrock Apps may be terminated by you by giving notice to Driftrock. Any subscription terminated will continue to be available to you for any period for which you have already paid the fee following notice of termination. No refunds of pre-paid fees will be made once a Driftrock App has been made available to you to use unless the Driftrock App is withdrawn by Driftrock other than as a result of any breach of these terms and conditions by you, in which case the maximum liability of Driftrock will be to refund a pro-rata part of the pre-paid fee representing the period during which the Driftrock App is not available.
- 3.5 You are responsible for the management of access to your account by others. Driftrock is entitled to treat any order placed for a Driftrock App using your log-in credentials as having been duly authorised by you.
- 3.6 Driftrock may change its fees and payment policies for the Services by notifying you at least thirty (30) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL Driftrock may provide from time to time).
5. ACCESS TO AND USE OF OUR WEBSITE
- 5.1 Access to our Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Services at any time without notice. If you breach any of these Terms and Conditions, your authorisation to use the Services automatically and immediately terminates and you must immediately cease use of the Services and destroy any materials downloaded or printed from the Website or otherwise in connection with the provision of the Services.
- 5.2 You agree that Driftrock has no responsibility or liability for the deletion or failure to store any Customer Data, User Content and other content and communications maintained or transmitted through use of the Services. You further acknowledge that you are solely responsible for securing and backing up your Driftrock Apps and any Customer Data, User Content or other content. You are solely responsible for exporting your Customer Data data and User Content and other content from the Services prior to termination of your account for any reason.
- 5.3 You may not use the Services in any improper or unlawful manner or in breach of any legislation or licence that applies to you including any laws regarding the export of data or software.
- 5.4 Without limiting the foregoing, you agree that when using the Services you will not:
- 5.4.1 distribute via any medium any part of the Services without our prior written consent;
- 5.4.2 harass others or disclose personal information about others that could amount to harassment;
- 5.4.3 publish, post, upload, store, distribute or disseminate any unlawful, fraudulent, defamatory, infringing, obscene, pornographic, harmful, confidential, libellous, hateful, racist, threatening or otherwise illegal or offensive material or information or anything which might constitute a criminal or civil offence;
- 5.4.4 upload files that contain software or other material which are the Intellectual Property Rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
- 5.4.5 upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Services or any other computer;
- 5.4.6 impersonate others;
- 5.4.7 promote any activity that is illegal;
- 5.4.8 use software to harvest information from the Website; or
- 5.4.9 attempt to solicit funds, advertisers or sponsors through the Website.
- 5.4.10 Generate or facilitate unsolicited commercial email ("spam"). Such activity includes, but is not limited to:
- 22.214.171.124 sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law;
- 126.96.36.199 imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
- 188.8.131.52 data mining any web property (including Driftrock) to find email addresses or other user account information;
- 184.108.40.206 sending unauthorized mail via open, third-party servers;
- 220.127.116.11 sending emails to users who have requested to be removed from a mailing list;
- 18.104.22.168 selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure; and
- 22.214.171.124 sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
- 5.5 You agree to comply with all reasonable instructions that we may give you regarding your use of the Services.
- 5.6 You agree that you will protect the privacy and legal rights of any person whose personal data is accessed by any Driftrock App (“End Users”) in accordance with the Data Protection Act 1988 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable any guidance and codes of practice issued by the Information Commissioner. You must provide legally adequate privacy notice and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information may be available to your application and to Driftrock and will be held on third party servers on behalf of Driftrock, including servers located outside the European Union.
- 5.7 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access the Services. You are also responsible for ensuring that no person uses your equipment to access the Services without your permission. We will be entitled to assume that anyone who accesses the Services using your equipment has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
- 5.8 You agree that you shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by you of this clause 5.
6. THIRD PARTY WEBSITES AND APPS
- 6.1 The Website may contain links to other websites that are owned by us and/or links to third party websites that are not under our control. We make no warranties or representations whatsoever about any other websites which you may access through this Website or any services that are provided by any such third party websites. Third party websites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. Links do not necessarily imply that we are or our Website is affiliated to or associated with such third party sites. If you decide to visit any other website, you do so at your own risk. In addition, use of any other website may be subject to your acceptance of additional terms and conditions, which we suggest you read carefully before proceeding.
- 6.2 Driftrock may make available through the Services additional applications offered by its third-party partners (“Third Party Apps”). Your use of Third Party Apps is subject to these Terms and to the applicable fees. You acknowledge for each Third Party App you subscribe to or purchase through the Services, these Terms constitute a binding agreement between you and the third party licensor of that Third Party Apps (“the App Provider”) only. The App Provider of each Third Party App is solely responsible for that Third Party App, the content therein, and any claims that you or any other party may have relating to that Third Party App or your use of that Third Party App. You acknowledge that you are purchasing the license to each Third Party App from the App Provider of that Third Party App and Driftrock is not responsible for that Third Party App, the content therein, or any claims that you or any other party may have relating to that Third Party App or your use of that Third Party App. You acknowledge and agree that Driftrock will have the right to enforce such license against you as a third party beneficiary thereof.
- 6.3 By subscribing to or purchasing a Third Party App, you grant Driftrock permission to share your Dritrock Apps, Customer Data, User Content, and user information with the App Provider as necessary in order to provide you the Third Party App.
7. INTELLECTUAL PROPERTY
- 7.1 We do not claim any ownership of any Intellectual Property Rights in your Customer Data or User Content. After making available to us Customer Data or User Content for the provision of the Services, you retain all rights of ownership which you have subsisting in it and you may use it in any way you choose (provided it does not breach any of these Terms and Conditions or any applicable laws).
- 7.2 You warrant that you own or have been given permission to use the Intellectual Property Rights in and to all Customer Data and User Content that you make available for the provision of the Services or you are otherwise entitled to make available the same for the provision of the Services. You hereby grant us a non-exclusive, irrevocable, perpetual, royalty-free, worldwide licence to use the Customer Data and User Content including all necessary Intellectual Property Rights therein in order to provide the Services including without limitation the right to manage, process, distribute and store any of your Customer Data or User Content as part of the Website or as part of any materials used to promote or advertise the Website or the Services anywhere in the world (provided that no Customer Data or User Content will be disclosed publicly unless it has been submitted by you to a public or shared area of any Driftrock App or the Website. You agree that you shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by you of this clause 7.2.
- 7.3 You agree to credit Driftrock as the source of any facts, insights or analysis which you generate using any Driftrock App and which you choose to publish or provide to any third parties including the words “Source:Driftrock” and a link to www.driftrock.com. You agree that you will not re-sell or license any data generated by any Driftrock App without the prior consent of Driftrock.
- 7.4 You acknowledge and agree that we may analyse Customer Data and User Content and other information which you use or access using Driftrock Apps to produce reports which may be used, sold or published by us at our sole discretion provided that any data or reports will be anonymised and not refer to any individual user of the Services.
- 7.5 We will not be under any obligation whatsoever to pay you for any of the Customer Data or User Content on our Website.
- 7.6 Save in respect of the Customer Data and User Content, all Intellectual Property Rights in and to the Website and all content, materials and information contained in or appearing on the Website, including but not limited to the Driftrock Apps are owned by and shall remain owned by us or our licensors.
- 7.7 You may view, download and print any content, materials and information made available to you through the Website subject to the following conditions:
- 7.7.1 save as expressly permitted by us in these Terms and Conditions, the content, material and information may not be distributed or sold to any third party;
- 7.7.2 you may not remove any copyright or other proprietary notices contained in the content, material or information; and
- 7.7.3 you may not copy or use any underlying code that is incorporated into Driftrock Apps without our express written permission;
- 7.8 You may choose to or we may invite you to submit comments or ideas about the Driftrock Services, including without limitation about how to improve the Driftrock Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Driftrock under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
- 7.9 You agree that Driftrock, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Services.
8. MONITORING OF THIRD PARTY CONTENT; NOTICE AND TAKE-DOWN
- 8.1 You acknowledge that we do not actively monitor any Customer Data, User Content, third party content or content appearing on the Website or via any Driftrock App which derives from a third party website and we shall not be responsible or liable for any such content including, without limitation, any third party content:
- 8.1.1 which is defamatory, discriminatory, obscene, offensive, confidential or otherwise unlawful; and/or
- 8.1.2 in which the Intellectual Property Rights are owned by a third party and such third party has not provided its consent to use such content in the manner it has been used; and/or
- 8.1.3 the disclosure of which is prohibited by the Data Protection Act 1998 or any other applicable data protection laws.
- 8.2 If we are informed or if we suspect that any material on the Website infringes the Intellectual Property Rights or other proprietary rights of any third person or is otherwise unlawful, then we reserve the right to remove such material from the Website. We also reserve the right to remove any material that we consider to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate in our absolute discretion. If you have any concerns or queries about material which appears on our Website (including if you believe that any content displayed on the Website has violated your Intellectual Property Rights) please email us at: firstname.lastname@example.org
- 9.1 The Services are provided without any warranty as to their functionality, accuracy or reliability either when first provided or in the future and are provided ‘as is’ and neither Driftrock, nor any of its directors, employees, agents or advisers makes any express or implied assurances or warranty as to the completeness, fairness, adequacy or accuracy of any information produced by the Services or any warranty of fitness for a particular purpose, title, non-infringement, merchantability, compatibility, security or accuracy, all of which are hereby expressly excluded to the fullest extent permitted by law.
- 9.2 Driftrock cannot and does not guarantee that the Services will be available to use without interruption and no representation or warranty is given that the Services will be available continuously or at all.
10. LIMITATION OF LIABILITY
- 10.1 Nothing in these Terms and Conditions limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or (c) any other liability which may not by law be limited or excluded.
- 10.2 Subject to clause 10.1 above, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or (c) any loss of profit, loss of opportunity or anticipated savings, in each case whether direct or indirect and whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of the Services; (ii) any failure or delay in the use of any component of the Services including, without limitation, any unavailability of the Services irrespective of duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Services, in all cases even if we have been forewarned of the possibility of such loss or damage.
- 10.3 Without limiting the effect of clause 10.2 above, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property when you are using the Services or browsing the Website. The downloading or other acquisition of any materials or information through the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.
- 10.4 You agree to indemnify us against any claims or legal proceedings that may arise through your use of the Services or from any breach of these Terms and Conditions by you.
- 10.5 We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.
- 11.1 We may remove the Website or cease the provision of the Services, or terminate your registration with the Website at any time in our sole discretion for any reason whatsoever.
- 11.2 You shall be entitled to terminate your registration with the Website or your subscription to any Driftrock App at any time by following the instructions that are set out on the Company Settings page of the Website or alternatively by written notice to us at the postal or email address set out in clause 1 of these Terms and Conditions. No refund will be made of any pre-paid fees in respect of Driftrock Apps on cancellation of your subscription to the relevant Driftrock App.
- 11.3 Termination of your registration, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination.
12. DATA PROTECTION AND PRIVACY
- 13.1 Any failure or delay by us to enforce any of our rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
- 13.2 These Terms and Conditions are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- 13.3 If any clause or part of a clause of these Terms and Conditions is, or becomes, invalid, illegal or unenforceable, the remainder of these Terms and Conditions shall remain valid and enforceable.
- 13.5 Subject to clause 10.1, you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms and Conditions other than any remedy you may have for breach of the express terms of these Terms and Conditions.
- 13.6 These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with English law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English courts.
- 13.7 Driftrock may assign the benefit of any agreement in respect of the Website and the Services without giving notice to you and is entitled to subcontract any of its rights or obligations hereunder.