Terms and Conditions
1 General Terms and Conditions of Use
1.1 Document
This document, together with the documents referred
to in it, set out the terms and conditions for using
Appebyte Ltd services.
1.2 Compliance
Please read this document carefully before you use our services. By using our services, you accept these terms, and you agree to comply with them. If you do not agree to these terms, please do not use the service or contact Appebyte Ltd.
1.3 Persons accessing
You are responsible for ensuring that all persons who access the CUSTUK product through your internet connection are aware of these terms of use and other applicable terms, and that they comply with them.
1.4 Changes to terms
We may make changes to these terms from time to time to reflect changes to our services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes to the services we provide through our website or the associated terms. Every time you wish to use the CUSTUK product, please check these terms to ensure you understand the terms that apply at that time.
1.5 Changes to website
We may also make changes to the website from time to time without any notice.
3 Terms of Acceptance
3.1 Access:
The CUSTUK product’s use will be initiated from the moment a customer has been provided access to the CUSTUK website or portal. Customers will already be bound by these terms and conditions
5 Data Protection
5.1 Meaning
“Data privacy laws” means all applicable laws relating to data protection and privacy including (without limitation) the EU Data Protection Directive (95/46/EC) as implemented in each jurisdiction, the EU General Data Protection Regulation (2016/679), the EU Privacy and Electronic Communications Directive 2002/58/EC as implemented in each jurisdiction, and any amending or replacement legislation from time to time; and “data controller”; “data processor”; and “personal data” shall all have the meanings given in the data privacy laws.
5.2 Customer
The parties acknowledge that the Customer is the data controller in respect of the Customer’s data which comprises personal data (as defined in the data privacy laws) and CUSTUK may (if necessary in connection with an Agreement) process such Customer personal data as a processor on behalf of the Customer in accordance with the Agreement.
5.3 Compliance
The parties agree to comply with the applicable rules of data privacy laws.
5.4 Storing data
The Customer understands that the use of the
CUSTUK platform and services involves storing business and personal data on CUSTUK computer systems. Proper processing, checking, and billing also requires that additional information be analyzed, stored, and backed up on data storage media.
55 Permits
If the processing of personal data transmitted by the Customer requires consents, approvals or permits (in order to permit CUSTUK to lawfully process the Customer’s personal data), then the Customer hereby warrants, represents, and undertakes that the appropriate persons and institutions have been notified and
any necessary consent, approval and/or permits have been obtained.
5.6 Non-compliance
CUSTUK is not liable in the event of the Customer’s non-compliance. The customer hereby indemnifies CUSTUK from any third-party claims arising from such non-compliance
or a breach.
5.7 Customer instructions
The Customer warrants represents, and undertakes that it shall generally comply with data privacy laws and give only lawful instructions to CUSTUK with respect to its processing activities.
5.8 Remember me
As a registered user of or subscriber to CUSTUK, you may choose to use our ”Remember me” log-in feature that enables you to be logged in automatically to into the platform whenever you visit the website without
having to manually log in each time. We recommend that you do not enable this feature
on any computer that is or may be used by anyone other than you in order to prevent unauthorised access by third parties to both your subscription details and features of CUSTUK personal to you.
2. Appebyte Limited
2 .1 CUSTUK
CUSTUK is a product held by Appebyte Ltd. By using the CUSTUK product, or contacting Appebyte Ltd regarding CUSTUK, users engage in the Appebyte Ltd terms and conditions as outlined below. These terms and conditions behave as a binding contract.
2.2 What Appebyte owns
Unless otherwise noted and barring anything that belongs to third parties, everything we have added to our services is our property. This covers the rights to the style, composition, and appearance of our services.
The rights to all works protected by copyright,
trademarks, designs, patents, and other forms of intellectual property are also included. You agree not to utilise any of our intellectual property rights or copy, distribute, modify, or create derivative works of any of our content in any way that is not expressly authorised by us.
4 Use of the CUSTUK product
4.1 Timing
We will aim to provide the CUSTUK portal and the relevant services that are promised by the time promised during contact with the customer, however time is not of the essence and we will not be liable to the customer if we fail to do so.
4.2 Compensation
The customer will compensate Appebyte Ltd in the case of any damage, loss or injury of any sort to the CUSTUK product or to any form of access to the CUSTUK product caused directly or indirectly by the customer.
4.3 Access and use
The customer cannot access or utilise the CUSTUK product without consent from Appebyte Ltd themselves.
6 Intellectual Property Rights
6.1 Intellectual Property Rights:
The Customer acknowledges that all Intellectual
Property Rights in the Platform, the Account and
the Declaration Services, and any rights (including any Intellectual Property Rights) arising out of any goods, services or works undertaken in connection with them, are owned by CUSTUK.
7. Limitation of Liability
7.1 Customer Loss:
Otherwise in acknowledgement of the fact that we are providing an electronically sensitive service we shall not be liable to you in contract, tort, negligence or otherwise for any loss of business, contracts, profits, or anticipated savings or for any other special, indirect
or consequential loss whatsoever, even if such loss was reasonably foreseeable or we have been advised of the possibility of you incurring the same.
8. Governing Laws and Jurisdiction
12.1 Laws of England
Any dispute or challenge built upon this agreement shall be governed and rules in line with the Laws of England
12.2 Courts of England
The Parties unwaveringly concur that any dispute or claim arising out of or related to this Agreement, its subject matter, or its formation shall be exclusively subject to the jurisdiction of the English courts.