CFSuite – Terms Of Service

Introduction

This website and its mobile application (Platform) are owned and operated by Curtis Fitch Limited (trading as “Curtis Fitch”). References to we, us, our and Curtis Fitch are to Curtis Fitch Limited.

These terms and conditions (Terms) apply to your use of the Platform and the purchase of any products from the Platform (Products). By accessing the Platform you are deemed to agree to these Terms and our Privacy Policy; if you do not agree to these Terms or the Privacy Policy, please do not continue to use the Platform. A breach of these Terms may result in your access to the Platform and your Account being revoked.

Curtis Fitch reserves the right to modify these Terms at any time and the version that will apply to your use of the Platform and purchase of Products will be the version that is current and displayed on the Platform on the date on which you access it so please ensure that you check this page periodically for any updates. These Terms were last updated on 21/04/2017.

If you wish to contact us for any reason, including to make a complaint, please use the contact details provided below.

Acceptable Use Policy

It is your responsibility to ensure that your computer system meets the necessary requirements to access and use the Platform; Curtis Fitch takes no responsibility for your inability to use the Platform owing to your system’s incapability.

We may suspend, withdraw, restrict or change access to the Platform or parts thereof from time to time at our discretion.

When accessing and using the Platform, you agree not to:

breach any applicable law, regulation or code of conduct or infringe the rights (including intellectual property rights) of any person;

impersonate any other person;

damage, interfere with or disrupt the Platform in any way;

knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware of the Platform;

decrypt, extract, reverse engineer or decompile the Platform;

include any portion of the Platform in any other software program;

develop methods to enable unauthorised parties to use the Platform;

use the Platform in a way that may damage our reputation;

publish or send any information or otherwise behave in a manner which is defamatory, threatening, harassing, invasive of privacy, offensive, racist, discriminatory, obscene, pornographic, misleading abusive or deceptive or involves phishing, scamming or similar; or
remove any identification or notices of any proprietary or copyright restrictions from the Platform or any associated materials.

Intellectual Property Rights

All intellectual property rights in or relating to the Platform (including its text, graphics, audiovisual content, trade marks, logos, layout, structure and software) are owned by us or our licensors. You agree that you will not reproduce, distribute, copy or publicly display any content which is not your own content, except to the extent required for your use of the Platform in accordance with these Terms.

If you upload any content to the Platform (your content), you grant us permission (a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable licence) to use your content in connection with the operation of the Platform.

You represent and warrant that you have all rights, power and authority necessary to grant the licence under clause 3.2, and that all your content: (a) complies with all applicable law and regulation; and (b) does not infringe the rights of any third party. You acknowledge and agree that you are liable for all of your content, in whatever form.

You accept that we may remove any material that is uploaded to the Platform without notice and for any reason at our sole discretion.

Where our Platform contains links to other websites and/or resources provided by third parties, these links are provided for your information only. We have no control over the contents of those external websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Availability of the Platform

Although Curtis Fitch endeavours to provide you with the best service possible, we do not guarantee that the Platform will be uninterrupted or error-free all of the time, and we are not responsible for any losses arising from such errors or interruptions. If you notice an error, please contact us. In particular, your access to the Platform may be restricted at any time to allow for repairs, maintenance, improvement or for other reasons. We will endeavour to restore the Platform’s availability as soon as we reasonably can. In the event that the Platform is unavailable and you have any queries relating to new or existing Orders, please contact us.

Your Account

In order to be eligible to sign up for an Account, you must:
be 18 years or older;
be legally capable of entering into binding contracts;
be resident in and accessing the Platform from [the United Kingdom]; and
be able to provide us with the following information:
your current email address.
You agree to disclose true and complete information during the Account registration process, and to update your information promptly in the event that it changes.
We reserve the right to refuse anyone an Account or terminate anyone’s Account at any time at our sole discretion without giving a reason.
It is your duty to keep your Account safe and secure. Please do not share the password to your Account with anyone and always ensure you log off when not using the Platform and ensure that all devices which you use to access the Platform are securely locked when not in your possession. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your password contrary to these Terms. You may not use another person’s Account without the Account holder’s express permission. Accounts are non-transferable.
You must notify us as soon as possible of any unauthorised use of your password or Account or any other breach of security.

Privacy

You agree that we may process personal information about you that we gather from your use of the Platform in accordance with our Privacy Policy.

Our Liability

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:

use of, or inability to use, the Platform; or

use of or reliance on any content displayed on the Platform.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

To the extent permissible by law, you and we exclude all terms, whether imposed by statute or otherwise, that are not expressly stated in these Terms.

We will not be liable to you for any failure or delay in performing any obligation under these Terms where such failure or delay arises from any cause beyond our reasonable control.

Indemnity

You agree to indemnify us against all losses, liabilities, damages, costs and expenses and all claims, actions, suits or proceedings arising out of:
any misrepresentation, act or omission made by you in connection with your use of the Platform;
any non-compliance with these Terms; and
any claims brought by third parties arising from or in connection with your use of the Platform.

General

We may assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. We may only do this if it does not affect your rights under these Terms. You may not assign, sub-contract and/or otherwise transfer your rights or obligations under these Terms to anyone else except with our written consent.

If any of these Terms, including any part of any term, is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms or the relevant part thereof shall remain in full force and effect.

No failure or delay by us to exercise or enforce any right or provision in these Terms will constitute a waiver of such right or provision.

Except as expressly stated in these Terms, nothing in these Terms is intended to confer any rights, remedies or benefits upon any person other than you and us.
These Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Subject to clause 7.4, you confirm that you have not been induced to enter into a contract on these Terms by any prior representations, whether written or oral, except as specifically reproduced in these Terms and you hereby waive any claim for breach of any such representations which are not specifically reproduced in these Terms.

In these Terms the use of the word “including” shall not limit any preceding category.
These Terms are governed by and interpreted in accordance with the laws of England and Wales. If we or you choose to bring proceedings in connection with these Terms, we or you must do so in the courts of England and Wales, or the courts of the jurisdiction you live in.

Company and Contact Information

Company Name: Curtis Fitch Limited

Incorporated in: England and Wales

Company registration number: 05223479

Registered Office Address: Eagle Tower, Montpellier Drive, Cheltenham, Gloucestershire, United Kingdom, GL50 1TA