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TERMS & CONDITIONS

PLEASE READ THIS AGREEMENT BEFORE USING GO TO WORK SERVICES.
YOU MUST BE 18 OR OVER TO USE THE SOFTWARE OR SERVICES OFFERED BY US.
BY ACCESSING OR USING GO TO WORK SOFTWARE OR SERVICES OFFERING, YOU ("the Customer or you") SIGNIFY ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES. IF THE PARTIES HAVE A FULLY EXECUTED AGREEMENT THAT EXPRESSLY GOVERNS ORDERS FOR GO TO WORK SOFTWARE AS A SERVICE AGREEMENT, SUCH AGREEMENT SHALL SUPERSEDE THIS AGREEMENT.
This Software Agreement ("Agreement") is entered into between Customer and GO TO WORK LTD Private limited Company and registered in London, England ("GO TO WORK or we"), whose registered office is 1 Brewery Wharf, Leeds , LS10 1GX.
GO TO WORK and Customer agree that the following terms and conditions will apply to the services provided under this Agreement and Orders placed thereunder.

Background

The Customer wishes to use GO TO WORK's service in its business operations.
GO TO WORK has developed a software applications to allow efficient office occupancy ratios,

Agreed terms

Interpretation
1. The definitions and rules of interpretation in this clause apply in this agreement.
  Authorised Users: those individuals who are authorised by the Customer to use the Software.
  Business Day: a day other than a Saturday or Sunday.
  Confidential Information: information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 9.5.
  Customer Data: the data inputted by the Customer, Authorised Users for the purpose of using the Software or facilitating the Customer's use of the Software.
  Effective Date: the date of successful activation of a Subscription plan.
  Licence type: regular (single product where end users are not charged) or extended (single product where end users can be charged)
  Normal Business Hours: 8:00 – 17:00 BST, each Business Day.
  Software: the online booking application provided by GO TO WORK.
  Subscription Fees: the subscription fees payable by the Customer to GO TO WORK for the usage of the value-added services, as set out at GO TO WORK website https://www.gotowork.me
  Subscription plan: on the plans offered by GO TO WORK website https://www.gotowork.me
  Subscription Term: has the meaning given in clause 13.1 (being the Initial Subscription Term together with any subsequent Renewal Periods).
  Support: assistance with reported bugs and issues, but does not include customisation and installation
2. Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.
3. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.
4. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
5. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
6. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
7. A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this agreement.
8. A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of this agreement under that statute or statutory provision.
9. A reference to writing or written includes e-mail.
10. References to clauses and schedules are to the clauses and schedules of this agreement; references to paragraphs are to paragraphs of the relevant schedule to this agreement.
Software Services
1. During the Licence Period, Customer will receive a non exclusive, non-assignable, royalty free, worldwide right to access and use the Software solely for your internal business operations subject to terms and conditions set forth in this Agreement.
2. Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of Customer. Should Customer require any customisation of the Software or additional features, it shall address to GO TO WORK. However, GO TO WORK is not obliged to provide any additional services to Customer.
Software
1. Software is a software applications to allow efficient appointment booking and scheduling management.
2. Software was developed by GO TO WORK and all property rights belong to GO TO WORK.
3. Other than the right of usage of the Software as set forth herein no rights are granted to Customer under this Agreement.
Service Level
1. Software is designed to perform as stable as possible, however, GO TO WORK does not guarantee absence of periods of instability of the Software.
2. Software will endeavour to achieve the availability of 99% during each calendar year.
3. GO TO WORK is entitled to suspend performance of Software for scheduled maintenance for which Customer has been provided reasonable notice delivered to Customer's email address provided at Subscription. GO TO WORK will target to conduct any maintenance works out of business hours, however, we can not exclude cases when short periods of downtime will be required between 9am and 5pm from Monday to Friday.
4. GO TO WORK shall be responsible for daily backup and disaster recovery.
5. GO TO WORK can make necessary deployment of changes, updates or enhancements to the Software at any time. GO TO WORK may also add or remove functionalities or features. SOFT EXPERT may suspend or stop functioning of the Software at any time giving a termination notice 90 days prior suspension/stopping the Software.
User subscriptions
1. Customers can choose any value-added services offered by GO TO WORK at the website https://www.gotowork.me
2. Customer is responsible and must not disclose a password from its account to third parties. GO TO WORK is not responsible for any consequences of password loss or disclosure to third parties.
3. Customers are responsible for provision of correct information when filling the registration form and provision of valid payment details.
4. Subscription starts at the date Customer have subscribed and will be automatically renewed in accordance with the terms of a plan of subscription. At the end of the paid period the charge will be applied automatically to the set payment method for the same period.
5. If Customer choose option not to pay automatically, Customer will be responsible for adding credit on a timely manner. GO TO WORK will not guarantee the service continuity if Customer will have insufficient credit.
6. Subscription plan can be changed or terminated at any time in accordance with provisions of this agreement, however, no refund will be provided for the paid period and Software will be available to the Customer until expiration of the Subscription period.
7. The Customer shall not:
  1. except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
  2. access all or any part of the Software in order to build a product or service which competes with the Software; or
  3. use the Software to provide services to third parties; or
  4. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Software available to any third party except the Authorised Users, or
  5. attempt to obtain, or assist third parties in obtaining, access to the Software.
8. The Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Software and, in the event of any such unauthorised access or use, promptly notify GO TO WORK.
9. The rights provided under this clause are granted to the Customer only and shall not be considered granted to any subsidiary or holding company of the Customer.
Charges and payment
1. Customer shall pay the Subscription Fees and other fees as set forth in conditions of Subscription plan and this agreement.
2. Subscription Fees are charged to the payment method set at Customer's account once a month in advance.
3. Customer is responsible for maintaining the payment method valid and actual to avoid suspension of access to the Software.
4. All Subscription Fees are set excluding VAT and other taxes, if applicable. GO TO WORK will inform Customer about other charges prior Subscription. GO TO WORK is not responsible for payment of any taxes and fees other than stipulated for GO TO WORK activity by the legislation in force in the UK. Customer shall be responsible for all applicable taxes related to Subscription and usage of Software in its jurisdiction.
5. If the GO TO WORK has not received payment on the due date, and without prejudice to any other rights and remedies of GO TO WORK:
6. All amounts and fees stated or referred to in this agreement:
7. All prices are subject to change without notice. The prices shown in website https://www.gotowork.me supersede all previous prices. GO TO WORK also reserves the right to correct misprints.
Third party providers
1. The Customer acknowledges that the Software may enable or assist it to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that it does so solely at its own risk. GO TO WORK makes no representation 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 the Customer, with any such third party. Any contract entered into and any transaction completed via any third-party website is between the Customer and the relevant third party, and not GO TO WORK. GO TO WORK recommends that the Customer refers to the third party's website terms and conditions and privacy policy prior to using the relevant third-party website. GO TO WORK does not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services.
2. By subscribing to the services Customer agrees and accepts current privacy terms https://www.gotowork.me
Proprietary rights
1. The Customer acknowledges and agrees that https://www.gotowork.me and/or its licensors own all intellectual property rights in the Software. This agreement does not grant the Customer any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Software.
2. GO TO WORK confirms that it has all the rights in relation to the Software that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this agreement.
Confidentiality
1. Each party may be given access to Confidential Information from the other party in order to perform its obligations under this agreement. A party's Confidential Information shall not be deemed to include information that:
  1. is or becomes publicly known other than through any act or omission of the receiving party;
  2. was in the other party's lawful possession before the disclosure;
  3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
  4. is independently developed by the receiving party, which independent development can be shown by written evidence; or
  5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
2. Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this agreement.
3. Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this agreement.
4. Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
5. The Customer acknowledges that details of the Services, and the results of any performance tests of the Services, constitute GO TO WORK's Confidential Information.
6. GO TO WORK acknowledges that the Customer Data is the Confidential Information of the Customer.
7. This clause 9 shall survive termination of this agreement, however arising.
Data Protection
1. In this clause, the terms 'personal data', 'data', 'data subject', 'data controller', 'data processor' and 'processing' have the meanings given to them in the General Data Protection Regulation (GDPR)
2. Customer's data:
  1. Customer shall own all right, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
  2. Customer is the Data Controller and, if it is required shall be duly registered.
  3. GO TO WORK shall, in providing the Services, comply with provisions of this agreement, and EU GDPR.
  4. If GO TO WORK processes any personal data on the Customer's behalf when performing its obligations under this agreement, the parties record their intention that the Customer shall be the data controller and the GO TO WORK shall be a data processor and in any such case:
    1. the Customer shall ensure that the Customer is entitled to transfer the relevant personal data to GO TO WORK so that GO TO WORK may lawfully use, process and transfer the personal data in accordance with this agreement on the Customer's behalf;
    2. the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; and
    3. each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
3. Data Collected by GO TO WORK:
  1. The following Customer data is collected by GO TO WORK at registration:
    1. Customer email address;
    2. Company name;
    3. First and last names of Customer representative;
    4. Company address;
    5. Customer's billing address; and
    6. Mobile number.
    7. Number of employees
  2. Financial data, credit card details and transaction history are collected by Go Cardless. Customer agrees and accepts Go Cardless's privacy terms: https://gocardless.com/privacy/

COOKIE POLICY

Data Collected by GO TO WORK:
1. GO TO WORK will use the following Cookies policy at its website:
  1. To help analyse how Customer and other visitors navigate GO TO WORK websites, and compile aggregate statistics about site usage and response rates, we, with assistance from third-party analytics service providers, collect certain information when you visit GO TO WORK site. This information includes IP address, geographic location of the device, browser type, browser language, date and time of request, time(s) of a visit(s), page views and page elements (e.g., links) that you click. GO TO WORK may use cookies, pixel tags, web beacons, clear GIFs or other similar tools on our site to assist us in collecting and analysing such information. GO TO WORK may use this information to provide better, more relevant content on its' site, to measure the effectiveness of advertisements, to identify and fix problems, and to improve overall experience on the site.
  2. GO TO WORK may also engage one or more third-party service providers to provide online advertisements on its behalf. They may use a pixel tag or other similar technology to collect information about your visits to sites, and they may use that information to send targeted advertisements. For more information regarding this practice and to opt-out of such collection and use of this information by the third-party service providers, please see Networkadvertising.org.
  3. Third Party Platforms. GO TO WORK may collect information when Customer interacts with GO TO WORK advertisements and other content on third-party sites or platforms, such as social networking sites. This may include information such as “Likes”, profile information gathered from social networking sites or the fact that Customer viewed or interacted with GO TO WORK content
  4. Analytics Services:
    Google Analytics is used to track site statistics and user demographics, interests and behaviour on websites. Please visit https://www.google.com/analytics and https://search.google.com/search-console.
    GO TO WORK also uses Google Search Console to help understand how its website visitors find the website and to improve GO TO WORK search engine optimisation.
2. GO TO WORK is not collecting any sensitive information nor executes any sensitive processing.
3. All data collected by GO TO WORK is securely stored in its system. The storage retention terms are following:
  1. for access logs: 12 calendar months;
  2. for actions in the system: during the Subscription and Renewal period until this agreement is terminated; and
  3. for financial data: in accordance with requirements of the legislation
Compliance by GO TO WORK with the provisions of this clause will be at no cost to the Customer save as provided in clause 8.
For the purposes of this Agreement:
1. in terms of the Customer's data: the Customer shall be deemed to be the data controller and GO TO WORK the data processor; and
2. in terms of the data collected at Subscription GO TO WORK is the data controller.
GO TO WORK may appoint a sub-processor (the Sub-contractor) to process any personal data processed in connection with this Agreement (the Protected Data) and shall procure that any sub-contractor is made subject to the same obligations in relation to such Protected Data as are contained in this clause.
Each Party shall comply with any data protection, privacy or similar laws anywhere in the world (the Data Protection Laws), including but not limited to, the GDPR, that apply in relation to any Protected Data and the GO TO WORK shall procure that its Sub-contractor shall comply with all Data Protection Laws.
Without prejudice to the generality of clause 5, in respect of Protected Data disclosed to GO TO WORK in connection with this Agreement (and whether disclosed by the Customer, data subjects or otherwise), GO TO WORK shall ensure that it:
1. complies fully with the data protection principles in processing the Protected Data;
2. only processes the Protected Data for purposes notified to it by the Customer and/or the relevant data subjects;
3. subject to clause 7, follows such procedures and policies as may be agreed by the Parties from time to time;
4. shall not and will procure that its Sub-contractor shall not transfer the Protected Data (nor any part thereof) outside the European Economic Area without the prior written consent of the Customer; and
5. maintains appropriate technical and organisational measures (including but not limited to, appropriate policies communicated to employees, management and review of ongoing compliance and effective security measures):
6. to prevent any unauthorised or unlawful processing of the Protected Data; and
7. to guard against accidental loss or destruction of, or damage to, the Protected Data.
GO TO WORK will endeavour to reasonably assist the Customer with compliance with Customer's obligations under Data Protection Laws, however, the Customer is solely responsible for its own obligations under Data Protection Laws.
For the purposes of facilitating the Customer's compliance with the Data Protection Laws in connection with Protected Data, GO TO WORK shall carry out an audit, at least once annually, of its security and data protection controls, policies and procedures and those of its Sub-contractor and all other matters directly relevant to its compliance under this clause 8 and to the extent directly related to the Customer's compliance with Data Protection Laws.
Each of the Customer and GO TO WORK shall notify the other if it becomes aware of any unauthorised, unlawful or dishonest conduct or activities, or any breach of the terms of this Agreement relating to Protected Data.
In the event of any loss or destruction of any Protected Data arising as a result of any breach by the GO TO WORK of its obligations or any act or omission by any Sub-contractor, GO TO WORK shall use all reasonable endeavours to recover such Protected Data from the last backup it or its Sub-contractor undertook in respect of that Protected Data and the Customer acknowledges that GO TO WORK shall not be liable for any loss or destruction of any Protected Data caused by the Customer or any third party (other than a Sub-contractor of GO TO WORK).
Subject to clause 10 GO TO WORK shall indemnify the Customer and keep the Customer indemnified against all claims (including third party claims relating to loss, destruction or wrongful disclosure of Protected Data), demands, actions, costs, fines, expenses (including but not limited to legal costs and disbursements on a full indemnity basis), losses and damages to the extent directly arising from or incurred by reason of any wrongful processing of any Protected Data by GO TO WORK or breach of its obligations or warranties under this paragraph 11, but the indemnity shall not extend to any such disclosure made in pursuance of a specific written instruction by the Customer for disclosure required by law or governmental body or regulatory authority.

PRIVACY POLICY

Scope
This document refers to personal data, which is defined as information concerning any living person (a natural person who hereafter will be called the Data Subject) that is not already in the public domain.
The General Data Protection Regulation (GDPR) which is EU wide and far more extensive than its predecessor the Data Protection Act, along with the Privacy and Electronic Communications Regulations (PECR), seek to protect and enhance the rights of EU data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the EU and its storage within the EEA.

The business Go To Work, based at One Brewery Wharf, Waterloo Street, Leeds, LS10 1GX, which hereafter for the purposes of this Privacy Notice will be referred to as the Business, is pleased to provide the following information:
Who we are
The business provides the following services:
Personal Data
1. Go To Work uses the information collected from you to provide quotations, make telephone contact and to email you information concerning your enquiry.
2. For marketing purposes, Go To Work may use the contact details provided by you to respond to your enquiries including making telephone contact, emailing information to you which we believe may be of interest to you.
3. In you making initial contact you consent to Go To Work maintaining a marketing dialogue with you until you either opt out (which you can do at any stage) or we decide to desist in promoting our services. At all times, the business will work hard to be fully GDPR compliant.
4. Some personal data may be collected about you from the forms and surveys you complete, from records of our correspondence, when you visit us, from phone calls and details of your visits to our website, including but not limited to, personally identifying information like Internet Protocol (IP) addresses.
5. Our website uses cookies, which is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. WordPress.org uses cookies to help the business to identify and track visitors and their website access preferences. Those website visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using the business’s website.
6. The Business will only collect the information needed so that it can provide you with the products and/or services it provides; the business does not sell or broker your data.
7. Telephone calls are recorded for training and security reasons; call data is retained no longer than six months unless it is required longer for legal reasons.
Further information exclusively pertaining to GDPR and employees, can be obtained from the Company Handbook.
Legal basis for processing any personal data
To meet our contractual obligations to customers and legitimate interest to respond to enquiries concerning the products and/or services provided.
Legitimate interests pursued by the business
To promote our products and/or services with regard to marketing services. Communications may include direct mail, email, newsletters, telephone calls, social media and any other channels to reach those who may be interested in using the goods and/or services provided by the business.
Consent
Through agreeing to this privacy notice you are consenting to the Business processing your personal data for the purposes outlined. You can withdraw consent at any time by using the postal, email address or telephone number provided at the end of this Privacy Notice.
Disclosure
The Business will keep your personal information safe and secure, although our administration team will have access to your contact details so that they can manage your account.
The Business will not disclose your Personal Information unless compelled in order to meet legal obligations, regulations or valid governmental requests.
The business may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of its staff.
Retention Policy
The Business will process personal data for the duration of any business dealings and will continue to store only the personal data needed for eight years after any contract has expired to meet any legal obligations. After eight years all personal data will be deleted, unless basic information needs to be retained by us to meet our future obligations to you, such as erasure details.
Data storage
All Data is held in the United Kingdom. The Business does not store personal data outside the EEA.
Your rights as a data subject
At any point whilst the Business is in possession of, or processing your personal data, all data subjects have the following rights:
Right of access – you have the right to request a copy of the information that we hold about you.
Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
Right to restriction of processing – where certain conditions apply you have a right to restrict the processing.
Right of portability – you have the right to have the data we hold about you transferred to another organisation.
Right to object – you have the right to object to certain types of processing such as direct marketing.
Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.
In the event that the Business refuses your request under rights of access, we will provide you with a reason as to why, which you have the right to legally challenge.
At your request, the Business can confirm what information it holds about you and how it is processed.
You can request the following information:
Identity and the contact details of the person or organisation that has determined how and why to process your data.
Contact details of the data protection officer, where applicable.
The purpose of the processing as well as the legal basis for processing.
If the processing is based on the legitimate interests of the Business and information about these interests.
The categories of personal data collected, stored and processed.
Recipient(s) or categories of recipients that the data is/will be disclosed to.
How long the data will be stored.
Details of your rights to correct, erasure, restrict or object to such processing.
Information about your right to withdraw consent at any time.
How to lodge a complaint with the supervisory authority (ICO).
Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
The source of personal data if it wasn’t collected directly from you.
Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
To access what personal data is held, identification will be required
The Business will accept the following forms of ID when information on your personal data is requested: a copy of your driving licence, passport, birth certificate and a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required. If the Business is dissatisfied with the quality, further information may be sought before personal data can be released.
All requests should be made to enquiries@gotowork.com or by phoning +44 (0)113 323 4429 or writing to us at the address below.
Complaints
In the event that you wish to make a complaint about how your personal data is being processed by the Business you have the right to complain to us. If you do not get a response within 30 days you can complain to the ICO.
The details for each of these contacts are:

Go To Work, One Brewery Wharf, Waterloo Street, Leeds, LS10 1GX:
Telephone +44 (0)113 323 4429 or email: enquiries@gotowork.com

ICO, Wycliffe House, Water Lane, Wilmslow, SK9 5AF
Telephone +44 (0) 303 123 1113 or email: https://ico.org.uk/global/contact-us/email/

LEGAL

Indemnity
1. The Customer shall defend, indemnify and hold harmless GO TO WORK against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Customer's use of the Software, provided that:
  1. the Customer is given prompt notice of any such claim;
  2. GO TO WORK provides reasonable co-operation to the Customer in the defence and settlement of such claim, at the Customer's expense; and
  3. the Customer is given sole authority to defend or settle the claim.
2. GO TO WORK shall defend the Customer, its officers, directors and employees against any claim that the Software infringes any patent effective as of the Subscription, copyright, trade mark, database right or right of confidentiality, and shall indemnify the Customer for any amounts awarded against the Customer in judgment or settlement of such claims, provided that:
  1. GO TO WORK is given prompt notice of any such claim;
  2. the Customer provides reasonable co-operation to GO TO WORK in the defence and settlement of such claim, at GO TO WORK expense; and
  3. GO TO WORK is given sole authority to defend or settle the claim.
3. In the defence or settlement of any claim, GO TO WORK may procure the right for the Customer to continue using the Services, replace or modify the Software so that it become non-infringing or, if such remedies are not reasonably available, terminate this agreement on 2 Business Days' notice to the Customer without any additional liability or obligation to pay liquidated damages or other additional costs to the Customer.
4. In no event shall GO TO WORK, its employees, agents and sub-contractors be liable to the Customer to the extent that the alleged infringement is based on:
  1. a modification of the Software by anyone other than GO TO WORK or
  2. the Customer's use of the Software in a manner contrary to the instructions given to the Customer by GO TO WORK; or
  3. the Customer's use of the Software after notice of the alleged or actual infringement from GO TO WORK or any appropriate authority.
5. The foregoing states the Customer's sole and exclusive rights and remedies, and GO TO WORK (including the GO TO WORK's employees', agents' and sub-contractors') entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or right of confidentiality.
Limitation of liability
1. This clause sets out the entire financial liability of GO TO WORK (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer:
  1. arising under or in connection with this agreement;
  2. in respect of any use made by the Customer of the Software or any part of them; and
  3. in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
2. Except as expressly and specifically provided in this agreement:
  1. the Customer assumes sole responsibility for results obtained from the use of the Software by the Customer, and for conclusions drawn from such use. GO TO WORK shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to GO TO WORK by the Customer in connection with the Software, or any actions taken by GO TO WORK at the Customer's direction;
  2. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and
  3. the Software are provided to the Customer on an “as is” basis.
3. Nothing in this agreement excludes the liability of GO TO WORK:
  1. for death or personal injury caused by GO TO WORK negligence; or
  2. for fraud or fraudulent misrepresentation.
4. Subject to clause 2.2 and clause 2.3:
  1. GO TO WORK shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and
  2. GO TO WORK's total aggregate liability in contract (including in respect of the indemnity at clause 1.2), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the total Subscription Fees paid for six months immediately preceding the date on which the claim arose.
Term and termination
1. This agreement shall, unless otherwise terminated as provided in this clause 5, commence on the Effective Date and shall continue for the Initial Subscription Term and, thereafter, this agreement shall be automatically renewed for successive periods of one month (each a Renewal Period), unless:
  1. Customer terminates the Subscription plan before the end of the Initial Subscription Term or any Renewal Period, in which case this agreement shall terminate upon the expiry of the applicable Initial Subscription Term or Renewal Period; or
  2. otherwise terminated in accordance with the provisions of this agreement;
2. and the Initial Subscription Term together with any subsequent Renewal Periods shall constitute the Subscription Term.
3. Customer can terminate this agreement by cancelling the Subscription plan at any time accepting that the Software will be available until expiration of the Subscription term and no refund will be done by GO TO WORK.
4. Without affecting any other right or remedy available to it, GO TO WORK may terminate this agreement with immediate effect if:
  1. the Customer fails to pay any amount due under this agreement on the due date for payment and remains in default for thirty days after being notified in writing to make such payment;
  2. the other party commits a material breach of any other term of this agreement;
5. On termination of this agreement for any reason:
  1. all licences/access granted under this agreement shall immediately terminate;
  2. GO TO WORK will destroy or otherwise dispose of any of the Customer Data in its possession; and
  3. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
Force majeure
1. GO TO WORK shall have no liability to the Customer under this agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of GO TO WORK or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of GO TO WORK's or sub-contractors, provided that the Customer is notified of such an event and its expected duration.
Waiver
1. No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Rights and remedies
1. Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
Severance
1. If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
Entire agreement
1. This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
2. Each of the parties acknowledges and agrees that in entering into this agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of this agreement, other than as expressly set out in this agreement.
Assignment
1. The Customer shall not, without the prior written consent of GO TO WORK, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
2. GO TO WORK may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
No partnership or agency
1. Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
Notices
1. Any notice required to be given under this agreement shall be in writing and shall be delivered to the email address:
  1. For GO TO WORK: subscriptions@gotowork.me
  2. For Customer to the email address of Customer's account.
Governing law
1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the United Kingdom.
Jurisdiction
1. Each party irrevocably agrees that the courts of the United Kingdom shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

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