Last updated December 16, 2020
Norton Five Limited, a company registered in England and Wales with company number 11101338 whose registered office is at 43 Shakespeare Way, Warfield, Bracknell, Berkshire, United Kingdom, RG42 3AQ (“we”, “us” and “our”) has agreed to provide subscription services (“Services”) and any associated printed, online and electronic materials and documentation (“Documentation”) to its customer (“Customer”), being the person, company or other legal entity who subscribes for the Services in accordance with our terms and conditions (“Contract”).
The Customer has authorised you to use the Services and Documentation which are made available to you on and subject to these terms (“Terms”). These Terms are accessible when the Services are used for the first time and whenever we make any updates to them. These Terms, as we may update them from time to time, govern your use of the Services and the Documentation.
We permit you to use the Services and Documentation on the basis of these Terms. We do not sell the Services or Documentation to you. We shall at all times retain ownership of the Services and Documentation.
2.1 In consideration of you agreeing to abide by these Terms, we grant you a non-exclusive, non-transferable right, without the right to grant sublicences, to use the Services and the Documentation during the term set out in the Contract.
2.2 You undertake that you shall:
(a) not allow your user subscription to be used by anyone other than you unless it has been reassigned in its entirety by the Customer to another individual authorised user, in which case you shall no longer have any right to access or use the Services and/or Documentation;
(b) change any password you use to access the Services and/or Documentation at reasonably frequent intervals and keep such password confidential;
(c) if it is revealed at any point that you are not an authorised user under the Contract, then without prejudice to our other rights or remedies, we shall disable and you shall promptly cease using any passwords that have been provided to you;
(d) not access, store, distribute or transmit during the course of your use of the Services any thing or device (including any software, code, file or programme) which may:
(i) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device;
(ii) prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or
(iii) adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices;
(together the “Viruses” and each a “Virus”);
(e) not access, store, distribute or transmit during the course of your use of the Services any material that:
(i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(ii) facilitates illegal activity;
(iii) depicts sexually explicit images;
(iv) promotes unlawful violence;
(v) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
(vi) is otherwise illegal or causes damage or injury to any person or property;
and we reserve the right, without liability or prejudice to our other rights or remedies, to disable your access to any material that breaches the provisions of this clause;
(f) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these Terms, not:
(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services and/or Documentation (as applicable) in any form or media or by any means; or
(ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our “Leave Dates” web and mobile software application and any other web or mobile software applications provided by us as part of the Services;
(g) not:
(i) access all or any part of the Services and Documentation in order to build a product or service which competes with the Services and/or the Documentation; or
(ii) use the Services and/or Documentation to provide services to third parties; or
(iii) subject to clause 7.4, license, sub-license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or Documentation available to any third party; or
(iv) attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation, other than as expressly provided under this clause 2; or
(v) introduce or permit the introduction of, any Virus or vulnerability into our network and information systems; and
(h) use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify us.
2.3 The rights provided under this clause 2 are granted to you only, and shall not be considered granted to any other individual or entity.
3.1 These Terms shall, unless otherwise terminated as provided in this clause 3, commence on the date of acceptance by you and shall continue for the term of the Contract.
3.2 These Terms shall immediately terminate on expiry or termination of the Contract for any reason.
3.3 Without affecting any other right or remedy available to us, we may terminate these Terms immediately by written notice to you if you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 (fourteen) days after the service of written notice requiring you to do so.
3.4 Upon expiry or termination of these Terms and/or the Contract for any reason:
(a) all rights granted to you under these Terms shall immediately terminate; and
(b) you must immediately cease all use of the Services and/or the Documentation and any other activities authorised by these Terms.
You acknowledge and agree that all intellectual property rights in the Services and the Documentation throughout the world belong to us (or our licensors) and you have no intellectual property rights in, or to, the Services and the Documentation other than the right to use them in accordance with these Terms.
5.1 Under data protection legislation, we are required to provide you with certain information about who we are, how we process any personal data we collect from you and for what purposes, and your rights in relation to your personal data and how to exercise them. This information is available in our privacy policy, the current version of which you can access via our website at https://www.leavedates.com/, and it is important that you read that information. We may in our sole discretion amend our privacy policy from time to time.
5.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using our Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
You acknowledge that the Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not us. We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services.
7.1 You must be 18 or over to accept these Terms and use the Services and/or Documentation.
7.2 If our provision of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
7.3 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens.
7.4 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
7.5 These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
7.6 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
7.7 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
7.8 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.
7.9 Each one of you and us irrevocably agrees, for our sole benefit that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation. Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
7.10 If you wish to contact us in writing, or if any of these Terms requires you to give us notice in writing, you can send this to us by email at [email protected]. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.