TERMS OF USE FOR TRISTART PRODUCT
1 TRISTART AND THE TRISTART TOOL
1.1 TriStart Limited is a private limited company registered in England and Wales under company number 04207994 having its registered office at Legal Surfing Centre, St Andrew’s House, 90 St Andrews Road, Cambridge CB4 1DL. (“TriStart”). TriStart’s website is located at www.tristart.co.uk (“the Website”). TriStart offers a web-based risk assessment and business evaluation service located at the Website for use by businesses and entrepreneurs (the “TriStart Tool”).
1.2 For the purposes of these terms of use, users of the TriStart Tool and visitors to the Website shall be referred to as “you” and “your” shall be construed accordingly.
1.3 Your access to and use of the TriStart Tool and the Website is subject exclusively to these terms of use.
1.4 TriStart reserves the right to:
1.4.1 change or remove (temporarily or permanently) the TriStart Tool or any part of it without notice and you confirm that TriStart will not be liable to you for any such change or removal; and
1.4.2 change these terms of use at any time, and your continued use of the TriStart Tool following any changes shall be deemed to be your acceptance of such change. We recommend that you therefore please check these terms when you use the TriStart Tool on an ongoing basis.
2 DISCLAIMERS AND LIMITATION OF LIABILITY
2.1 The TriStart Tool and any results, reports or other materials generated by or relating to the Tristart Tool (“TriStart Materials”) do not constitute advice and you should not rely on them in making any decision, including but not limited to any decision relating to your current and/or any planned business. The TriStart Materials are provided on an "AS IS" or an "AS AVAILABLE" basis without any representation or endorsement and without warranty of any kind whether express or implied, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, completeness, ownership of intellectual property and accuracy.
2.2 TriStart makes no warranty that your access to the TriStart Tool will be uninterrupted or error-free, that defects will be corrected or that the TriStart Tool or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
2.3 To the fullest extent permitted by law, TriStart excludes all liability for any loss or damage resulting from or arising out of or in connection with your use of or reliance on the TriStart Materials or the availability of the TriStart Tool, any content accessed via any external hyperlinks or any other website linked to the TriStart Tool.
2.4 Notwithstanding any other terms of use, nothing in these terms of use shall be construed so as to exclude or limit TriStart’s liability for death or personal injury as a result of its negligence.
2.5 For the avoidance of doubt the use of the TriStart Tool and the subsequent provision of the TriStart Materials are a supply of services and not a supply of goods.
3 USE OF THE TRISTART TOOL
3.1 In order to use the TriStart Tool, you shall input information into the relevant data fields as prompted on the Website (“Input Data”).
3.2 The TriStart Tool shall analyse the Input Data and provide you with the TriStart Materials. The TriStart Materials will be made available to you to view, access and download online.
3.3 You agree not to use the TriStart Tool for any purpose that is unlawful or prohibited by these terms of use or in a way that disrupts or restricts the use of the TriStart Tool by any other person, and not to upload, display or transmit any materials through the TriStart Tool that are offensive, defamatory, threatening, obscene, unlawful or that infringe the rights of any other person.
3.4 You agree that you will:
3.4.1 ensure that any details supplied to TriStart in order to register for access to the TriStart Tool are accurate and to advise TriStart if such details change;
3.4.2 not attempt to transmit through the TriStart Tool anything that contains a virus, worm, trojan or other harmful component;
3.4.3 keep confidential and not disclose to any other person or allow any other person to use the personal identification you were supplied with to access the TriStart Tool; and
3.4.4 be responsible for any loss or damage resulting from the unauthorised use of your personal identification as a result of a breach of paragraph 3.4.3.
4 LINKS TO AND FROM THIRD PARTY WEBSITES
4.1 The TriStart Tool or the Website may include links to third party websites that are controlled and maintained by others. TriStart has no control over the contents of those websites and accepts no liability for any loss or damage that may arise from your use of them. Any link to other websites is not an endorsement of such websites and you agree that TriStart is not responsible for the content or availability of any such sites.
4.2 You may link to the home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page unless otherwise agreed in writing by TriStart. We reserve the right to withdraw linking permission without notice.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 All copyright, trade marks and all other intellectual property rights in the TriStart Materials (including without limitation the design, text and graphics of the TriStart Materials, all software and source codes connected with the TriStart Tool and any algorithms used by the TriStart Tool) are owned by or licensed to TriStart.
5.2 The removal by you of any trade marks, logos, photos, designs, content or other materials located at the Website or contained in the TriStart Tool is prohibited.
5.3 Any copyright, trade marks, designs and all other intellectual property rights in the TriStart Materials and the Tristart Tool shall remain at all times the property of TriStart and you shall acquire no rights in any such material.
5.4 TriStart makes no warranty as to the validity of the intellectual property rights in the TriStart Materials, TriStart Reports (as defined below) or the TriStart Tool.
5.5 You agree that you will:
5.5.1 access and use the TriStart Materials solely for your personal or for your business’s use, provided that no trade mark, copyright or other proprietary notices contained in or appearing on the TriStart Materials are removed in whole or in part;
5.5.2 not download, copy, reproduce, transmit, store, sell or distribute any of the TriStart Materials without the prior written consent of TriStart;
5.5.3 not reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of the TriStart Tool; and/or
5.5.4 not change, modify, delete or misuse data contained in the TriStart Tool.
5.6 You warrant and undertake that the Input Data supplied to TriStart shall not infringe the intellectual property rights or any other rights of any third parties and shall not contain any offensive or defamatory material.
6 PRICE AND PAYMENT
You shall pay to TriStart the relevant charges as specified on the Website. Until payment is made by you in full, TriStart shall be under no obligation to permit access to or use of the TriStart Tool.
7 INDEMNITY
You agree to indemnify and hold TriStart and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against TriStart arising out of any breach by you of these terms of use or other liabilities arising out of your use or misuse of the TriStart Materials or TriStart Tool.
8 USE OF YOUR PERSONAL DATA
8.1 TriStart is committed to protecting your privacy and maintaining the security of any personal information received from you.
8.2 When you use the TriStart Tool you may provide certain information about yourself including your name and contact details. TriStart may also receive information about you through the use of cookies (see below). TriStart will use such information in accordance with these terms of use.
8.3 TriStart will use your information to carry out statistical and other analysis of the responses you provide to the TriStart Tool and to provide you with online reports based on such analysis (“TriStart Reports”). TriStart will not share, sell, rent or exchange your information with any third party except as otherwise provided for in these terms of use or as required by law. For the avoidance of doubt the TriStart Reports shall constitute part of the TriStart Materials.
8.4 TriStart will retain your information for a reasonable period to enable it to provide further TriStart Reports to you if you so request.
8.5 TriStart will anonymise your information and aggregate it with anonymised information collected from other users of the TriStart Tool. TriStart may use the aggregated data for research purposes and to develop the TriStart Tool to enable TriStart to improve the service that it offers its users.
8.6 By accepting these terms of use, you hereby consent to the use of your information and data in accordance with these terms of use.
9 PERSONAL DATA AND DATA PROTECTION
9.1 Both you and TriStart shall comply with all applicable terms of the Data Protection Act 1998 as amended (“DPA”) that apply in relation to any personal data (as defined in the DPA) processed in connection with these terms of use.
9.2 TriStart shall only process personal data to which it has access lawfully and for the purposes of performing its obligations and exercising its rights under these terms of use.
10 INFORMATION PRIVACY
You agree by your acceptance of these terms of use that (i) any Input Data, including personal information, provided to TriStart may be used for processing the TriStart Materials and TriStart Reports and recovering payments and may be disclosed to any suitable third parties for these and related purposes; and (ii) this information, including personal information, may be used by TriStart to communicate with you about TriStart’s products and services and any offers and changes to them. If you do not want this information to be used for such marketing purposes you have the right to contact TriStart by e-mail to info@tristart.co.uk requesting that your information not be used for such purposes. TriStart undertakes that this information will not be transferred or sold to any unrelated third parties for promotional purposes without you being given the opportunity to decline communications for matters unrelated to the relationship with TriStart.
11 COOKIES
TriStart uses a technology called "cookies" as part of a normal business procedure to track patterns of behaviour of users of the TriStart Tool. A cookie is an element of data that the TriStart Tool sends to your browser that is then stored on your system. Cookies help identify users of websites and enhance user’s experience by customising web pages. A cookie will normally contain the name of the domain from which the cookie has come, an expiry date for the cookie and a value which is usually a random generated unique number. You can set your browser to prevent the use of cookies. Any information collected in this way can be used to identify you unless you change your browser settings. It is your responsibility to manage the usage of cookies.
12 FORCE MAJEURE
If an event occurs, such as electronic communication failure, flood, fire, criminal action or such other event beyond the reasonable control of TriStart (a “Force Majeure Event”) which affects either TriStart or the efficacy of the TriStart Tool, then TriStart shall not be liable for any delay or failure due to a Force Majeure Event.
13 NOTICES
Notices given under these terms of use will be given and considered received as follows: by recorded delivery or courier (48 hours following dispatch), by facsimile transmission or e-mail transmission (24 hours following receipt as demonstrated by a relevant delivery confirmation). The address for service of legal documents to you will be the registered address/office address given in the Input Data by you and it is your responsibility to ensure such information is accurate and complete. The address for service of legal documents to TriStart is TriStart’s registered office as indicated in Clause 1.1 of these terms of use.
14 SEVERABILITY
In the event that any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
15 ASSIGNMENT
You shall not, without the prior written consent of TriStart, assign or transfer any rights or obligations contained in these terms of use to any other person, firm or company.
16 GOVERNING LAW
These terms of use are governed by English law. You submit to the non-exclusive jurisdiction of the Courts of England and Wales.
17 TERMINATION
TriStart reserves the right to terminate the provision of or access to the TriStart Tool or the TriStart Materials to any person who breaches these terms of use.
18 CONTACTING TRISTART
If you have any questions about the use of the information TriStart holds about you, would like access to a copy of your information, have any queries regarding the processing of your information for marketing or other purposes or have any other questions about these terms of use, please contact TriStart by e-mail on info@tristart.co.uk