Last Modified: 6th December 2017
a. "Act" means the Data Protection Act 1998.
b. "Data" means, collectively, all information and data you submit to us in the System, as well as all data we may come to possess concerning you. This definition incorporates, as applicable, the definition of Personal Information as defined in the Act.
c. "Cookies" means the small text files placed on your computer by the System, and then returned by your computer to us and potentially our third-party service providers, when you use certain features or visit certain parts of the System. More information about cookies can be found from the Information Commissioner's Office website at https://ico.org.uk/for-the-public/online/cookies.
d. "Cookie Law" means the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011.
f. "System" means the teriQra website; any sub-domains of that website unless such site specifically has its own terms and conditions; the teriQra application, including in its online form, and mobile forms including on device platforms including, without limitation, Apple iOS and Google Android; the databases and servers teriQra uses to operate its applications; third-party systems teriQra may use in the provision of services; and associated platforms, systems and technologies teriQra may use for any purpose related to the provision of its services.
g. "teriQra", "we", or "us" means TERIQRA HOLDINGS LIMITED, a company incorporated in England and Wales and registered with Companies House as company number 11052631, and includes our affiliates, subsidiaries, parent companies and group companies, as these terms are generally understood as well as defined in the Companies Act 2006.
h. "User" or "you" means any third party that accesses the System and is not an employee of teriQra or a third-party or consultant providing services to teriQra.
a. Words in the singular include the plural and vice versa and words in one gender include any other gender. Any party includes its successors in title and permitted assigns. A "person" includes any individual, firm, body corporate, association or partnership, government or state, all whether or not having a separate legal personality.
b. A reference to a state of statutory provision includes (i) any subordinate legislation (as defined in Section 21(1) Interpretation Act 1978) made under it; (ii) any repealed statute or statutory provision which it re-enacts (with or without modification) and (iii) any statute or statutory provisions that comes into force before or after the date of this Agreement.
c. References to any Sections, Paragraphs, or Clauses are references to sections in, paragraphs of, and clauses of this Agreement, unless clearly and unambiguously expressed otherwise. References to sub-clauses and sub-paragraphs are references to sub-clauses and sub-paragraphs of the clause or paragraph in which they appear. Any reference to a Schedule, Annex or Attachment is a reference to a schedule, annex, or attachment to this Agreement, unless clearly and unambiguously expressed otherwise.
d. Where there is any conflict between this Policy and any other agreement, contract, document, policy, or other similar instrument, the words of this Policy shall prevail. In the event of any conflict between any Schedule, Annex or Attachment to this Policy and the main body of this Policy, the main body of this Policy shall prevail.
e. Any table(s) of contents and heads and any footnotes or marginal notes are inserted for convenience only and shall not affect the interpretation of this Policy.
f. Where any statement is qualified by the expression "so far as the party is aware" or "to the best of your knowledge of belief" or any similar expression, it shall be deemed to include an additional statement that it has been made after due and careful enquiry.
g. Where any statement incorporates the term "includes" it shall be deemed to mean "includes, but is not limited to" and shall have no effect on the generality of the statement.
3. Data Collected
We may collect the following types of Data from you in the course of your use of the System:
II. Date of Birth;
III. Contact Information including e-mail addresses, telephone numbers and physical addresses;
IV. Physical addresses of yours, including of your residence and your place of work;
VI. Financial information including your credit and debit card numbers and your bank account information;
VII. Images of you that you provide including for verification of identity and to use for you to market your services on our System;
VIII. Information about your working practices, schedules, skills, your customers, volumes of business, and revenue from your activities;
IX. Location information including where you live and where you work;
X. Technical information that is automatically collected, recorded and logged including your IP Address, Operating System, Web browser type, preferred language, and any other technical information that may be transmitted to us.
4. How we use your Data
a. For the purpose of the Act, we are the 'data controller' and you are the 'data subject'.
b. Your Data is used principally for us to provide services to you that you have requested of us.
c. We may retain data in our databases associated with your use of the System indefinitely, unless set out expressly otherwise.
d. Some of your Data may be captured in the technical system logs of the System; those logs are subject to our data retention policies and practices. These logs are used for system operations, assurance, security and compliance purposes; they are never used for marketing or any substantially similar purpose.
e. We may use your Data for internal record keeping and administrative purposes; improvements to the System; market research by us and our contracted third parties; and in enforcement of agreements you may have with us.
f. We may use your Data to tailor your experience using the System.
g. We may use your Data for tailored marketing, advertisements and promotions either by us directly or with other users of the System; any of our third-party advertising partners may use your data, for a similar purpose subject to privacy obligations we may place on them.
h. We may be required to disclose your Data to competent authorities, and you may not be made aware of that disclosure. We also reserve the right to proactively disclose your Data to competent legal authorities if we reasonably feel there is an issue of health, safety or welfare of either you or anyone else. For the avoidance of doubt, such disclosure would only be made to a competent legal authority, only to the extent to address the specific concern, and only after a review and approval of a statutory director of teriQra.
i. All Data is stored securely in accordance with the principles of the Act.
5. Third Parties
a. We may from time to time employ the services of other parties for processing your Data in order to assist us the operation of our business and the System. These other parties may have access to your Data, subject to restrictions we place on them in accordance with this Policy and otherwise.
b. The Data we provide to other parties is provided to the extent required by them to perform the services that we request of them.
c. teriQra takes reasonable steps to ensure the privacy of your Data that we provide to our third-party service providers.
d. We may provide links to other websites, applications, systems, and organisations (collectively "external sites"). We have no control over such external sites and are not responsible for the content of those sites or how you use them or what they do with any data or information you may disclose to them. This Policy does not extend to external sites. You are strongly advised to consult the policies of external sites before you use them.
6. Change of Control
a. teriQra may expand, reduce, restructure, reorganise, or otherwise substantially modify our business structure from time to time, and this may involve the sale and/or the transfer of control of all or part of teriQra. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use your Data.
b. We may disclose your Data to a prospective purchaser of or investor in our business or any part of it, subject to reasonable privacy obligations consistent with this Policy.
7. Accessing your Data
a. You have a right to ask for a copy of any of your Data held by us on payment of a small fee, which at the time of this writing is £10, and shall not exceed the maximum amount allowable by law.
a. teriQra as taken steps in accordance with industry practice to maintain the security of your Data, and we have put in place what we reasonably believe are suitable physical, electronic and management procedures to safeguard and secure Data collected by the System.
b. You are responsible for the security of your password and for the security of systems that may enable other parties, including malicious parties, to access your account, including your registered e-mail address and mobile phone number.
c. Transmission of information over computer networks is never, in any situation, entirely secure, and is done so entirely at your own risk. You cannot totally ensure the security of data transmission, though we have taken steps consistent with industry practice, including by way of example use of TLS/SSL.
a. The System may place and access Cookies on your computer.
b. All Cookies used by the System are used in accordance with Cookie Law.
ii. Analytical: these Cookies help us track your use of our System and contributes to our performance engineering. We may use third-party services for this including services such as Google Analytics and GoSquared.
iii. Targeting: these Cookies track pages you have visited and links you have followed and are used primary for targeted marketing and showing you advertising that may be relevant to you. They may be used by us or third-parties for this purpose.
d. You can choose to disable Cookies in your Internet browser. You should be aware that if you disable Cookies your experience may be significantly degraded to the point of certain parts of the System being entirely unusable.
e. You can delete Cookies from your Internet browser; you will lose information stored in those Cookies.
10. Transfers out of the European Economic Area
a. We may transmit, transfer, store and/or process your Data to and in countries outside of the European Economic Area (EEA). This includes to third-parties outside the EEA as well as our group companies, affiliates and subsidiaries.
b. If we transfer Data outside the EEA, we will take steps with the aim of ensuring your privacy continues to be protected as outlined in this Policy. You expressly agree to such transfers of Data.
11. Limitation of Liability and Warranty
a. Unless explicitly set forth in this Policy, we make no warranties, terms or undertakings, express or implied, of any type or description, including without limitation any warranties of satisfactory quality, merchantability, serviceability, non-infringement, or fitness for any particular purpose with respect to the System, any services provided or products or the results, if any, to be obtained from such products.
b. No party to this Policy limits its liability for fraudulent misrepresentation giving rise to actual harm or for causing death or personal injury through gross negligence or wilful misconduct.
c. We have no liability to you for any indirect, consequential, reputational, special, punitive or similar losses or damages, howsoever described, under or in connection with this Policy or the System, howsoever arising, and no liability for loss of profits, contracts, revenue, reputation, or for indirect or consequential loss or damage, whether or not you have advised us or we should have been reasonably aware of the possibility of such losses.
d. Other that as set out above, our total potential liability to you for breaches of this Policy or any of our failures in compliance and adherence to the Act and Cookie Law is hereby limited to and shall never exceed one hundred pounds sterling (£100). You expressly agree that this is a reasonable limit of liability.
12. Assignment, Change and General
a. We may transfer our rights under this Policy where we reasonably believe your rights will not be significantly adversely affected. You may not transfer your rights under this Policy to any other person.
b. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
c. No statement or assurance by teriQra , however made and however described, shall give you any rights of promissory estoppel.
d. If any court or competent authority finds that any provision of this Policy (or any part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed removed and severed from the Policy, and the validity and enforceability of the other provisions of this Policy will continue unaffected.
e. This Policy shall be construed according to the laws of England & Wales and each party to this Policy submits to the exclusive jurisdiction of the English courts.
f. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Policy and no third party will have any right to enforce or rely on any provision of this Policy.
g. You expressly agree that any and all disputes, controversies or claims related to or arising in connection with this Policy shall first be referred to us for an informal resolution between us and you. You will give us the reason and any necessary information or document as we may reasonably require for the dispute, controversy or claim and allow us reasonable time and give your full cooperation to us to resolve the matter in a way in which we are both satisfied.
h. If this informal resolution does not resolve the matter, then the matter will be finally referred to arbitration, with an arbiter of our choosing, in accordance with the procedures of the Centre of Effective Dispute Resolution ("Arbitration"), which may be found at https://www.cedr.com. Unless we agree, the venue of any such Arbitration shall be London. The award of the Arbitration may be enforceable in any court of competent jurisdiction. We shall share the costs equally of any arbitration until its conclusion, and after conclusion, unless otherwise expressly agreed, the arbiter shall determine the share of costs to be borne by each party giving due consideration to the ultimate dispensation of the claim.
i. We have the right to modify this Policy from time-to-time in any way we deem appropriate. We will publish any modification of this Policy on our website. You will be deemed to have accepted any revised Policy on your first use of the System following the alterations.