These Web Site User Terms apply to access to and use by you of this website. In addition, Double First Limited wishes to make available to Authorised Users (as defined below) a service whereby Authorised Users may download from Engage’s Support Portal software upgrades and these User Terms apply in that case.
If you use this website, you agree you have read and understood the Web Site User Terms and agree to be bound and to abide by them. By accepting these terms you give your consent to the processing of your personal data in accordance with the Data Protection Act 2018 and EU General Data Protection Regulation (GDPR).
We recommend that you print these Web Site User Terms and keep them in a safe place for future reference.
- ‘Associate Company’ Double First Limited, trading as Engage, and any other companies with which it is associated.
- ‘Authorised User’ the authorised licensee of a software program produced by Double First Limited;
- ‘the Act’ Data Protection Act 2018;
- ‘Competition’ a competition offered by Double First Limited on the Web Site;
- ‘Entrant’ a resident of the United Kingdom or Channel Islands who is aged 18 or over, excluding Associate Company employees and any person involved in running Competitions;
- ‘Double First’ Double First Limited, a UK registered company number 03491759, whose registered office is Units 3 & 4, Andromeda House, Calleva Park, Aldermaston RG7 8AN, UK;
- ‘Double First Contractors’ Double First, or Double First’s suppliers, subcontractors, and agents;
- ‘Intellectual Property Rights’ copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or not), know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world;
- ‘Merchandise’ goods and services which may be purchased by an Authorised User from Merchants via third party web sites linked to the Web Site;
- ‘Software’ the downloadable software available to Authorised Users on the Web Site;
- ‘Subsidiary’ has the meaning as provided under Section 736 of the Companies Act 1985 as amended;
- ‘User Terms’ these terms and conditions;
- ‘Web Site’ Engage’s web site at www.engagesmis.com, its online Support Centre and its Share Ideas development portal;
- ‘Web Site Services’ services offered via the Web Site;
- ‘You’ means any person, firm or body corporate which accesses the Web Site including an Authorised User
2. User Terms
2.1 In accordance with the following User Terms, Double First, at its discretion, provides you with services (as set out below). You agree to comply with the conditions imposed on your use of the services, as set out in these User Terms and elsewhere in this Web Site.
2.2 Please read these User Terms carefully. They are a legal document and, if you wish to use this Web Site, you must agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses:
- Clause 7 – Your Responsibilities
- Clause 8 – Consent to use Your Personal Information
- Clause 9 – Limitation of Liability
2.3 If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future.
2.4 The Merchandise is subject to separate terms and conditions between you and the applicable Merchant. You acknowledge that the applicable Merchant (and not Double First) is solely responsible for the fulfilment of orders for any Merchandise and for its quality, suitability and fitness for purpose. You also acknowledge that the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Web Site or from the Merchant via the Merchant’s web site or otherwise is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and you acknowledge that Double First shall have no responsibility, obligations or liability in relation to the Merchandise.
2.6 If you register for any prize competitions, promotions or other give-aways on the Web Site separate terms and conditions which are located on the Web Site, shall also apply in addition to these User Terms.
3. Licence for Authorised Users to Use Material on the Web Site
3.1 Double First grants each Authorised User a non-exclusive right and licence (with no right to sub-licence) to copy, cache, store, use, display and communicate the Software and its contents for personal and non-commercial use. An Authorised User may not copy, distribute or redistribute the Software, including by caching, framing or similar means, or sell, resell, re-transmit or otherwise make the Software retrieved from our Web Site available in any manner to any third party.
4. Ownership of Intellectual Property Rights
4.1 Notwithstanding the limited rights granted to Authorised Users in accordance with Clause 3, Double First Contractors (as appropriate) shall retain all ownership, title and interest in the Intellectual Property Rights contained in the Software.
4.2 You agree that any material (including any Intellectual Property Rights in such material), including but not limited to material sent via chat services, feedback, bulletin boards or articles or any other material submitted for publication on the Web Site or in using any of the Web Site Services (“User Generated Content”) may, in Double First’s absolute discretion, be retained as the property of Double First. Double First shall have no obligations with regard to the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 7.
5. Duration of User Terms and Termination
5.1 These User Terms will remain in force until the earlier of the following:
5.1.1 you breach any of the terms of the licence granted to you in accordance with Clause 3;
5.1.2 Double First terminates these User Terms by notice to you at any time in accordance with Clause 10.2; or
5.1.3 you terminate these User Terms by notice to Double First at any time in accordance with Clause 10.1.
5.2 In the event that these User Terms are terminated for any of the reasons stated above:
5.2.1 the licence granted to the relevant Authorised User in accordance with Clause 3 shall be terminated forthwith and such Authorised User shall have no further rights to use the Software;
5.2.2 an Authorised User must immediately delete or destroy any of the Software stored by such Authorised User in electronic or hard copy form; and
5.2.3 you will have no further rights to access or use the Web Site or the Web Site Services.
6. Double First’s Responsibilities
6.1 Double First undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.
6.2 Double First makes no representation or warranty that the Web Site or Web Site Services will be accessible, or useable by you or error free.
6.3 Double First will not be liable for any failure or interruption of the Web Site or any inability to access or use the Web Site or any features, products or services on the Web Site.
6.4 Double First reserves the right, without notice to you, to remove any Software and Web Site Services from the Web Site or to suspend or alter the operation of the Web Site or any Web Site Services, at its sole discretion or for legal or technical reasons. Double First will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be possible.
7. Your Responsibilities
7.1 You will use this Web Site in a lawful manner that is consistent with all applicable laws and regulations.
7.2 You are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any Web Site Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Web Site or any of the Web Site Services using your user name or password. You take full responsibility for all information and instructions transmitted through the Web Site using your user name and/ or password. All such information will be considered sent and authorised by you. If you have authorise more than one individual to access the Web Site you must ensure that each such individual has a different password. If you do not ensure that this is the case Double First may refuse to give you access to the Web Site.
7.3 You will not use the Web Site or any of the Web Site Services as follows: to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person’s Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound; to send or distribute multiple unsolicited emails or messages (‘Spam’) or to cause any other person annoyance, inconvenience or concern; for any purposes connected to any business, including sending any unsolicited advertisements or promotional material; to use or attempt to use any software, engine, or any other means to navigate or search this Web Site other than the navigation tools and search facilities available on this Web Site and general third party browsers; to carry out any activities in relation to ‘screen scraping’ or ‘database scraping’ to obtain lists of users, URLs, Internet Keywords or other information; to access the Web Site by any means other than through the interface that is provided by Double First for use in accessing the Web Site; to use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Web Site; to do anything which imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure; to interfere with or disrupt the Web Site and/or Web Site Services or servers or networks connected to the Web Site or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site; or to collect or store personal data about other users of this Web Site whether or not for commercial purpose without their consent, and in particular the posting of phone numbers, addresses or any other private information without the express permission of that individual is not permitted. Processing of personal data is regulated by the Act in the United Kingdom.
7.4 You agree to indemnify Double First against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or Web Site Services in contravention of Clauses 7.1, 7.2 and 7.3 further in these circumstances, Double First shall be entitled to treat the contravention as a material breach of these User Terms and terminate forthwith your use of and authority to access the Web Site without notice to you.
8. Consent to Use Your Personal Data
8.1 For the purposes of the Act, you acknowledge that in the course of registering and using this Web Site and the Web Site Services, certain personal data about you will be captured electronically or otherwise and transmitted to the Associate Company or Double First Contractors. By accepting these User Terms, you expressly agree to the transfer of such personal data to the Associate Company and appointed Double First Contractors and to the use, storing and processing of the personal data for the purposes of providing the Web Site Services, communication concerning the operation and enhancement of your licenced software from Double First Ltd, and for marketing purposes by the Associate Company. The data will not be supplied to third parties for marketing or other associated purposes and your data will be deleted if you cease to maintain a licenced edition of software from Double First Ltd.
8.2 For the purposes of the Act, the Associate Company or Double First Contractor involved in the provision of the Web Site Services, does not send your personal data outside of the European Economic Area for processing.
8.3 You may revoke the consents given above in Clauses 8.1 and 8.2 by giving notice to Double First in accordance with Clause 10.1, but in those circumstances you must exit the Web Site and will have no further rights to access the Web Site or use the Web Site Services.
9. Limitation of Liability
9.1 Double First does not limit its liability for death or personal injury that arises as a result of its or the negligence of its employees, or Double First Contractors, and the remainder of this Clause 9 shall not apply to such liability.
9.2 If Double First is adjudged by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this Web Site or the Web Site Services, Double First’s entire liability shall be limited to the amount that you have paid to Double First in relation to the Web Site or the Web Site Services.
9.3 Double First shall not be liable to you in contract, tort, negligence (other than fraudulent or negligent misrepresentations and as provided under clause 9.1) or otherwise for: any economic loss, including without limitation, loss of revenue, business, contracts, profits or anticipated savings; any loss of goodwill or reputation; any loss of data; or any special, indirect or consequential loss.
9.4 The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
9.5 The Web Site may contain links to third party web sites which are controlled and operated by parties other than Double First. The links will let you leave the Web Site and Double First is not responsible for any contents of any linked web site or any link contained in a linked web site. The inclusion of any link on the Web Site does not imply endorsement by Double First of the linked web site. If you decide to access linked third party web sites, you do so at your own risk.
10.1 You may send a notice to Double First, or any questions you may have concerning these User Terms by email to firstname.lastname@example.org or by writing to us at Double First Ltd, Double First House, Oxford Road, Yeovil, Somerset BA12 5HR, United Kingdom. Such notices will be effective within 3 days of receipt by Double First.
10.2 Double First may send you notice by general notice on this Web Site, by email to your email address on record with Double First, or by post to the postal address supplied by you. Such notice will be effective if sent by email or posted on the Web Site, 1 day from the date it was sent or posted on the Web Site. If sent by regular post, it will be effective 3 days after posting by Double First.
11. Competition Rules
11.1 All Competitions are open to any Entrant.
11.2 All Entrants must register for the relevant Competition by giving their correct name and address in the United Kingdom, together with their email address. By registering for the relevant competition, you acknowledge that you have read and agree to the provisions contained in Clause 8 regarding consent to use your personal information.
11.3 All Competitions shall be subject to terms and conditions as displayed on the Web Site in relation to each Competition.
12.2 Double First reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Web Site. Double First will provide as much notice as possible prior to making any changes to the User Terms on the Web Site, but prior notice may not always be feasible for a variety of reasons. Your continued use of the Web Site or the Web Site Services following Double First’s posting of such changes will be regarded by Double First as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use the Web Site in the future.
12.3 If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.
12.4 You acknowledge that Double First has entered into these User Terms for its own benefit and for the benefit of each Associate Company and these User Terms are intended to be enforceable by each Associate Company under the Contracts (Rights of Third Parties) Act 1999.
12.5 Subject to Clause 12.6, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms.
12.6 If Double First or any Double First Contractor is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of Double First or the Double First Contractors, neither Double First nor any Double First Contractor will have any liability for that failure to perform.
12.7 Your use of the Internet is solely at your risk and subject to all applicable laws, and Double First has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
12.8 Unless otherwise specified on this Web Site, the Software available on this Web Site is directed solely at those Authorised Users who access the Web Site from the United Kingdom. Double First makes no representation that any Double First Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Web Site and the Web Site Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
12.9 These User Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts.
13. Registered Company Details
13.1 Company Registration Number – 3491759
13.2 Registered in England and Wales
13.3 Registered Address – Units 3 & 4, Andromeda House, Calleva Park, Aldermaston RG7 8AN, UK.
© Double First Limited. 2004-2018. All rights reserved.