Terms of Service – (TWEEK!) Clients
Please note, if you are an employee of a (TWEEK!) client you will be using the (TWEEK!) Software under a Software Licence and Support Agreement between (TWEEK!) Pty Ltd and your organisation and must ensure that you use the Software in accordance with the relevant agreement. Please contact your System Administrator for further information.
Terms of Service – Trial Services
Welcome to JAMARAU!!
And thank you for using our trial products and services (“Trial Services”). The Trial Services are provided by Jamarau Ltd. (“Jamarau”), located at 4B Vanbrugh Park Road West, Blackheath, London, SE3 7QD, United Kingdom. By using our Trial Services you are agreeing to these terms. Please read them carefully.
Use of the words “our”, “we”, and “us” refers to Jamarau and anyone working with or for Jamarau.
Our Trial Services are provided for the express purpose of allowing you to use some of our products and services on a temporary, short-term basis to:
- see if they are fit for use within your organisation’s operations; and/or
- review the products and services and provide us with feedback regarding their utility and usability from a user perspective.
Using our Trial Services
Access to our Trial Services is provided on request/invitation for a short period of time (“Trial Period”). The Trial Period will normally last for 30 days, but may be terminated at any time in accordance with these Terms of Service. At the end of the Trial Period your access to the Trial Services will be disabled. Once the Trial Period ends we may delete all data relating to your usage of the Trial Services, including any content you enter into our Trial Services, without further notice to you.
- use the access to the Trial Services for the express purpose for which it is provided.
- follow any policies made available to you within the Services and any written directions issued by us, including those available in the Trial Services and/or issued by email.
- comply with all applicable laws of the United Kingdom and the country/ies and/or state/s in which you use the Trial Services/conduct your business.
- not access or attempt to access our Trial Services using any method other than the interface and the instructions we provide.
- not interfere with or attempt to interfere with our Trial Services in any way, nor interfere with any other users usage of our Trial Services.
- suspend or stop providing our Trial Services to you if you do not comply with our terms or policies.
- suspend or stop providing our Trial Services to you while we are investigating suspected misuse of our Trial Services.
- suspend or stop providing our Trial Services in order to protect the integrity of our operations.
- at our sole discretion, choose to notify you of the reason why our Trial Services have been suspended or stopped.
Intellectual Property Rights
Using our Trial Services does not entitle you to ownership of any intellectual property rights in our products or services.
If you choose to provide feedback in relation to our products or services, you do so of your own free will in the knowledge that we may, at our sole discretion, use that feedback to inform future development of our products and services. You agree that your feedback is provided completely free of charge and/or encumbrance and that the feedback you provide does not entitle you to any intellectual property rights in our products or services, whether we use your feedback to inform future development of these or not.
Do not remove, obscure, or alter any legal notices displayed in or with our Trial Services.
Using our Trial Services does not give you ownership of any of the content you access in our Trial Services. You must obtain permission from the owner of any content you access prior to using it, unless the use is otherwise permitted by law. You do not have the right to use any branding or logos used in our Trial Services. Do not remove, obscure, or alter any legal notices displayed in or with our Trial Services.
Our Trial Services may display some content that is not Jamarau’s. The entity that makes such content available carries sole responsibility for that content. We may:
- review content to determine whether it conforms to the law and/or our policies; and
- remove or hide (i.e. prevent display of) content that we reasonably believe is contrary to the law and/or our policies.
The fact that we may review, remove or hide content does not mean that we will and nothing in these Terms of Service obliges us to do so. Further, removal of content does not necessarily indicate that there has been any breach of policy or law, as we delete content from our Trial Services on a regular basis at the end of the Trial Period.
In connection with your use of the Trial Services, we may send you service announcements, administrative messages, and other information. You agree to receive these communications.
Your Client/User Account
You will need a Client Account and a User Account in order to use our Trial Services. A Client Account is issued to the business that wishes to use our Trial Services (e.g. your employer). A User Account is issued to individuals (e.g. an employee) to allow them to access their Client Account within our Trial Services. These will be created and assigned by us or by an administrator, such as your employer or institution. If you are using an Account assigned to you by an administrator, different or additional terms may apply and your administrator will able to access and disable your account.
If you learn of any unauthorised use of your Client Account or User Account you should notify us immediately. Up to date contact details are available on this website.
Privacy and Copyright Protection
We will only disclose your details to third parties if we are legally required to do so.
Your details may be accessible by other people who are given access to the same Trial Services (e.g. where your administrator creates a User Account for another employee of your organisation and gives that user privileges that allows them to see your details).
Where you are associated with more than one business and both are using our Trial Services at the same time you may copy some of your information across from one Client Account (e.g. Business A) to another Client Account (e.g. Business B). Where you do so your details may be accessible by other people who are given access to the same Trial Services in both Client Accounts.
Refer to Jamarau’s privacy policies for more information on how we use and protect your privacy when you use our products and services. By using our Trial Services you agree that we can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement. If you think that your copyrights are being infringed in our Trial Services and want to notify us, follow the instructions provided on Jamarau’s Copyright Protection webpage.
Your Content in our Trial Services
Some of our Services allow you to enter content. You retain ownership of any intellectual property rights that you hold in that content.
When you upload or otherwise enter content into our Trial Services, you give Jamarau and anyone working with or for us a worldwide license to store, host, use, reproduce, modify (i.e. undertake adaptations or other changes to enable your content work efficiently within our Trial Services), display, communicate, publish and distribute the content within out Trial Services for the duration of the Trial Period. This licence is limited to enabling us to apply these rights so that we may operate, promote, and improve our products and services and/or develop new products and services. With respect to the modification of our products and services, this license continues even if you stop using our Trial Services.
You may access and remove (i.e. purge) content from the Trial Services where this option is available within a Trial Service. Note that using the ‘delete’ option in some of our Trial Services will not fully remove the content from the Trial Service if that Trial Service is designed to retain an audit record of changes to content. You may also apply the settings (e.g. privileges) provided within a Trial Service in order to limit the scope of our use of the content uploaded or entered in that Trial Services. Prior to uploading or otherwise entering content into our Trial Services make sure you have the rights to grant us licence to that content as detailed in these terms.
As with Intellectual Property Rights, if you upload or otherwise enter content into our Trial Services, we may use your content for the purposes described in these terms without obligation to you.
Software in our Trial Services
Access to our Trial Services is provided by way of Jamarau issuing a worldwide, royalty-free, non-assignable and non-exclusive license to use our Trial Services. This license is for the sole purpose of enabling the use of our Trial Services for the Permitted Purpose in accordance with these terms. Under this licence you are not permitted to grant access to our Trial Services to anyone who is not a member of the Business for which the licence has been issued. You may not copy, modify, distribute, sell, or lease any part of our products or services, nor may you reverse engineer or attempt to extract the source code on which our products and/or services are based.
We use some Open Source software in our products and services. This software is available upon written request.
Modifying and Terminating our Trial Services
Our Trial Services may be updated (e.g. functionality and features added/removed) and we may suspend or stop a Trial Service altogether, or we may adjust limits to the Trial Services we provide. This will be done at our sole discretion and without notice to you.
You may stop using our Trial Services at any time and, upon doing so, may advise us that you wish all data associated with your use of the Trial Services to be deleted. We will be sorry to see you go, but will endeavour to attend to your requests within a reasonable timeframe.
Our Warranties and Disclaimers
We apply a commercially reasonable level of skill and care in providing our Trial Services but we do not make any specific promises about the Trial Services we offer, other than as explicitly set out in these terms. We make no promise regarding the Trail Services in respect to their ability to meet your needs in regards to suitability, functionality, availability or reliability. We make no promise that we will adjust our Trial Services to better meet your needs. Our Trial Services are provided ‘As Is’.
Were warranties (e.g. fitness for a particular purpose) exist, we exclude all warranties to the full extent permitted by law.
These provisions apply to anyone working with or for us (e.g. distributors).
Where permitted by law Jamarau will not be responsible for any direct losses to profits, revenues or data nor for any indirect losses or costs (e.g. punitive damages).
To the extent permitted by law, Jamarau’s total liability under these terms will be limited to the amount you paid us to use the Trial Services or to supplying those Trial Services again. This limitation will also apply for any implied warranties.
Jamarau will not be liable for any loss or damage that is not reasonably foreseeable.
These provisions apply to anyone working with or for us (e.g. distributors).
Business use of our Trial Services
These terms apply to the Business for which a licence and Client Account is issues and to individual users. The Business will hold harmless and indemnify Jamarau and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Trial Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs and legal fees.
About these Terms
We may modify these terms. Changes will be posted on this page. Changes will take effect from the date on which they are posted or, where explicitly stated, from a future date. If you do not agree to the modified terms for a Trial Service, you should discontinue your use of that Trial Service.
These terms control the relationship between Jamarau and you. They do not create any third party rights.
Any failure on our part to enforce these terms does not constitute a waiver of these terms and we may continue to apply these terms in the future.
In the event a term is not enforceable, this will not affect any other terms.
These terms shall be governed and construed in accordance with the laws of England and any disputes or claims made by one party against the other in any way arising out of these terms or Jamarau’s Trial Services will be heard in England and you submit to the jurisdiction of those Courts.