V3.0. last updated July 2020
These terms supplement the CustomerLounge Agreement and are binding on any use of the Service and apply to you from the time that CustomerLounge provides You with access to the Service.
By using the Service, you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
“CustomerLounge” or “We”
means Autino Ltd, a UK registered company who operate the CustomerLounge Website and Service and all current and future global subsidiaries of Autino Ltd including, without limitation Autino Holdings Ltd.
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
means any data inputted by You or with Your authority into the Website.
“Intellectual Property Right”
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
means any person or entity, other than the Site Administrator, that uses the Service with the authorisation of the Site Administrator from time to time.
means the address under which the business operates, serves its customers and sells its products.
means the online automotive management system made available (as may be changed or updated from time to time by CustomerLounge) via the Website.
means both the Subscriber and Admin User(s).
means the person who registers to use the Service and the method of payment for the current or subsequent additional locations, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
means the user(s) assigned the highest level of permissions in CustomerLounge with the ability to administer all other users within a location.
Means a set of usage levels the typical users normally never exceed and are outlined in our fair-use policy.
means a set of conditions that set out how the system may be used depending on the service package you are currently subscribed to.
means the Internet site at the domain www.CustomerLounge.app or any other site operated by CustomerLounge.
means a Site Administrator, and where the context permits, an Invited User. “Your” has a corresponding meaning.
USE OF SOFTWARE
CustomerLounge grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You may not access the Service if you are a direct competitor of CustomerLounge, except with CustomerLounge’s prior written consent. In addition, you may not access the Website or Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You acknowledge and agree that, subject to any applicable written agreement between the Site Administrator and the Invited Users, or any other applicable laws:
3.1 Access conditions
3.2 Usage Limitations:
Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes. Any such limitations will be advised.
3.2 Fair Use conditions:
If you exceed your usage levels based on your plans for more than one month in a 12-month period you will be breaching the conditions of Fair Use. You will be notified by in app messaging and or email of your usage overage and will be requested to move up to a package that covers your current usage levels. Failure to upgrade or limit your usage levels may be subject to suspension, termination, or bandwidth limiting for usage which is “continually excessive, unfair, or is not consistent with the usage typically expected on a particular access package”. This policy is enforced directly, without legal proceedings and is solely at the discretion of CustomerLounge.
3.4 Communication Conditions:
As a condition of these Terms, if You use any communication tools available through the Website or Service (such as any email facility, text messaging, social media tool, forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
When You make any communication on the Website or Service, You represent that You are permitted to make such communication. CustomerLounge is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, CustomerLounge does reserve the right to remove any communication at any time in its sole discretion.
You indemnify CustomerLounge against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to CustomerLounge.
CONFIDENTIALITY AND PRIVACY
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation including suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services remain the property of CustomerLounge (or its licensors). This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the CustomerLounge Technology or the Intellectual Property Rights owned by Autino. The CustomerLounge name, the CustomerLounge logo, and the product names associated with the Service are trademarks of Autino or third parties, and no right or license is granted to use them.
5.2 Ownership of Data
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the CustomerLounge Fee and Commission when due. You grant CustomerLounge a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
5.3 Backup of Data
You must maintain copies of all Data inputted into the Service. CustomerLounge adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. CustomerLounge expressly excludes liability for any loss of Data no matter how caused.
5.4 Third Party Interactions
CustomerLounge does not endorse any sites on the Internet that are linked through the Website or Service. CustomerLounge provides these links to you only as a matter of convenience, and in no event shall CustomerLounge or its licensors be responsible for any content, products, or other materials on or available from such sites. CustomerLounge provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
5.5 Third-party applications and your Data
If You enable third-party applications for use in conjunction with the Services, You acknowledge that CustomerLounge may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. CustomerLounge shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
WARRANTIES AND ACKNOWLEDGEMENTS
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
You acknowledge that:
iii. You will indemnify CustomerLounge against any claims or loss relating to:
6.3 No warranties
CustomerLounge gives no warranty about the Services. Without limiting the foregoing, CustomerLounge does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
6.4 Consumer guarantees
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, CustomerLounge excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
9.1 Technical Problems
In the case of technical problems, You must make all reasonable efforts to investigate and diagnose problems before contacting CustomerLounge. If You still need technical help, please check the support provided online by CustomerLounge on the Website or failing that email us at support@CustomerLounge.app.
9.2 Service availability
Whilst CustomerLounge intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason CustomerLounge has to interrupt the Services for longer periods than CustomerLounge would normally expect, CustomerLounge will use reasonable endeavours to publish in advance details of such activity on the Website.
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
10.3 No Assignment
You may not assign or transfer any rights to any other person without CustomerLounge’s prior written consent.
10.4 Governing law and jurisdiction
If the information or Data You are accessing using the Services and the Website is solely that of a person who is a tax resident in the United States of America at the time that You accept these terms then the State of Delaware law govern this Agreement and You submit to the exclusive jurisdiction of the state courts , or federal court for the District of Delaware for all disputes arising out of or in connection with this Agreement. In all other situations this Agreement is governed by the laws of England and Wales and You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this Agreement.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to CustomerLounge must be sent to email@example.com or to any other email address notified by email to You by CustomerLounge. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
10.7 Rights of Third Parties
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.