Terms and Conditions of Use
This Website Terms & Conditions apply to all the services offered by Information Apps Ltd t/a Criton (hereafter referred to as “The Company”, “us”, “we”), which include, the websites accessible at www.criton.com and www.information-apps.com (hereafter referred to as “The Marketing Websites”), the cloud SAAS app builder platform accessible at https://criton.information-apps.com (hereafter referred to as “The Platform”). The Websites, and The Platform, are collectively referred to as “The Websites”.
WHO WE ARE? We are Information Apps Ltd t/a Criton, who provide the above services. We are the UK’s first DIY app builder for the hospitality sector and we are based at Codebase, 38 Castle Terrace, Edinburgh, EHE 9SJ.
WHO ARE YOU? You are a user of our Websites to learn more about our offerings and use our Platform. Your Data Controller is Information Apps Ltd t/a Criton.
OUR WEBISTES & APPS – DESCRIPTION OF & ACCESS TO THE SERVICE:
- Access to our site and/or app is allowed on a temporary basis, and we hold the right to amend or withdraw the service without notice. We are not liable if our site is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our site or apps. You are responsible for ensuring that all persons who access our site or apps through your internet/WIFI connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS: Unless otherwise stated we are the owner and the licensee of all intellectual property rights on our site and apps and in material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- We continuously update the content on our site and apps and may do this at any time. If the need arises, we may suspend access to our site and apps, or close them indefinitely.
- The infrastructure of the Websites, all their original content and all intellectual property rights of whatsoever nature therein are the sole property of the Company.
- The Company will provide (a) to the User a non-exclusive license to use the Platform and the Documentation to create an app by the uploading of User’s Content; and (b) to the End-User an exclusive and non-transferable license to download and use the User’s Content from the Platform.
- The User agrees not to upload or store any content other than that related to the hospitality sector.
- The User is prohibited from using the Service to post or transmit any illegal or unlawful, threatening, libelous, defamatory, obscene, pornographic, or other User Content that would violate any law(s) or regulation(s). The Company is, to the maximum extent permitted by law, exempted from obligation to monitor User Content for such materials. However the Company retains the right to remove such User Content.
- The Company and the User agree:-
- that the Company is not responsible or liable for the deletion of or failure to store any of the applications, the User’s Content, and other communications maintained or transmitted through use of the Services; and
- the User is solely responsible for securing and backing up all applications, including source and object code, and User Content.
The User shall provide the Company with:-
- necessary co-operation in relation to this agreement; and
- access to such information as may be required by the Company, in order to provide the Services, including the User Content, security access information and configuration services;
- be solely comply with all applicable laws and regulations, including any of those relating to the export of data and software, with respect to its activities under this agreement
- carry out all the User’s responsibilities set out in this agreement in a timely and efficient manner. In the event of any delays in the Users’ provision of such assistance, the Company may adjust any agreed timetable or delivery schedule as reasonably necessary;
- ensure that the End-Users use the Services in accordance with the terms and conditions of this agreement and shall be responsible for breach of this agreement caused or contributed to by any acts or omissions on the part of any End-User;
- ensure that its network and systems comply with the relevant specifications provided by the Company from time to time;
- responsible for procuring and maintaining its network connections and telecommunications links from its systems to the Company’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the User’s or any End-User’s network connections or telecommunications links or caused by the internet
- as between the parties, be responsible for responding to all third party requests concerning the use of the Services by the User or any End-User; and
- not access the Services in a manner intended to avoid incurring fees or unreasonably to reserve names for applications, by creating multiple applications or deployments of the same application or otherwise.
- The User shall defend, indemnify and hold harmless the Company against claims, actions, proceedings, losses, damages, expenses and costs (including court costs and reasonable legal fees) arising out of or in connection with:
- the User’s Content;
- the User’s trademarks, intellectual property rights or copy rights; orthe End-User’s use of the Services.
YOUR DATA & PRIVACY:
TRIAL PERIOD: The trial period for using this Service is 30 days (the Trial Period) starting at the moment of registration on our website, during which time the User may create an app and make changes to the content of the app, however the app will not be submitted to the App Store, Google Play or published as a Progressive Web App until payment is received by the Company. At any time during the Trial Period the User can make payment for the Service and their app will be published.
PUBLICATION: The Company does not guarantee publishing speed. If requested the latest time to publish statistics will be researched from the App Store and Google Play and passed on to the User.
PAYMENT AND PROCESSING:
- Upon subscribing to the Service, the User will receive a receipt for the initial payment by email. Thereafter they will be charged annually or monthly depending on the Service to which they have subscribed. Any additional extras will be charged in advance. Invoices will be sent for each payment.
- If the Company has not received any payment after 7 days of issuing an invoice, the Company will remove the app from the app stores and Google play
- The Company may increase the subscription fees from time to time. The Company will give not less than 30 days’ notice of any increase in subscription fees.
- There is no minimum contract term and therefore you can cancel your service at any time. Annual payers will not receive a refund if they cancel before the end of their 12-month term.
- If you cancel midway through a monthly payment cycle you will not receive a refund for the partial month.
- To cancel your account send us an e-mail from the e-mail address that requested the service. We reserve the right to check your cancellation by phone or email. 8.4 When your subscription ends, a request to delete your apps will be sent to the App Store and Google Play. The time it takes to be removed from these stores is out with our control.
- Upon cancellation we will disable your account. Your account and all the information uploaded will be held for 6 months and then deleted from our servers. Within this six-month period your account can be reactivated and the information will remain intact.
- After cancellation, you will no longer have rights to access the content uploaded to the Service.
REFUSAL OF SERVICE: We reserve the right to refuse, cancel or suspend the service at our sole discretion.
VIRUSES, HACKING & OTHER OFFENCES: By using our site or apps you must not misuse either by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site or app, the servers on which they are stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site/app or to your downloading of any material posted on it, or on any website linked to it.
JURISDICTION AND LEGAL:
Scottish courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site or app although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
- We cannot be held 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.
- Our maximum liability in contract (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 the User during the 12 months immediately preceding the date on which the claim arose.
- We take no responsibility for the use of our Users’ accounts. Failure to comply with any of the above Terms or Conditions will result in the automatic deactivation of the account without notice.
GOVERNING LAW: These Terms and Conditions are governed by Scots law.
TERMINATION: We reserve the right to refuse access to our site/app to any user at our sole discretion.
CONTACTING US: If you have any concerns about material which appears on our site/app, please If you wish to contact the Criton team directly please forward any queries in the first instance to firstname.lastname@example.org.