Last updated: 11 July 2019 Previous version can be found here.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the this website (https://practi.net) or any its subdomains and the PRACTI POS mobile application (the "Service") operated by Practi Technologies Ltd, UK Private limited Company, Company number 09829987, Registered office address: Fleet Place House, 2 Fleet Place, London EC4M 7RF, England (“Practi Technologies Ltd”,"us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Practi Technologies Ltd cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Practi Technologies Ltd customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Practi Technologies Ltd with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Practi Technologies Ltd to charge all Subscription fees incurred through your account to any such payment instruments.
Practi Technologies Ltd may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Practi Technologies Ltd until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Practi Technologies Ltd reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Practi Technologies Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Practi Technologies Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
RefundsCertain refund requests for Subscriptions may be considered by Practi Technologies Ltd on a case-by-case basis and granted in sole discretion of Practi Technologies Ltd.
AccountsWhen you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
Intellectual PropertyThe Service and its original content, features and functionality are and will remain the exclusive property of Practi Technologies Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Practi Technologies Ltd.
Links To Other WebsitesOur Service may contain links to third-party web sites or services that are not owned or controlled by Practi Technologies Ltd. Practi Technologies Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Practi Technologies Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
TerminationWe may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
IndemnificationYou agree to defend, indemnify and hold harmless Practi Technologies Ltd, its affiliates and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, b) by you or any person using your account and password, or c) a breach of these Terms.
Limitation Of LiabilityIn no event shall Practi Technologies Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any loss of profits, data, use, goodwill, or other intangible losses, or any indirect, incidental, special, consequential or punitive damages, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. Nothing in this Agreement limits or excludes the liability of either party for death or personal injury which results from negligence or for any damage or liability incurred by a party as a result of fraud or fraudulent misrepresentation by the other party. Subject to the foregoing paragraphs, the total liability of Practi Technologies Ltd to you shall at all times be limited to the fees actually paid by you to Practi Technologies Ltd during the twelve month period immediately preceding the event giving rise to the claim for liability.
DisclaimerYour use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Practi Technologies Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Governing LawThese Terms and any dispute or claim (including a non-contractual dispute or claim) arising out of or in connection with it shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including any non-contractual dispute or claim) arising out of this Agreement. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Complaints and Dispute Resolution
If the dispute is not resolved anyone may within 10 days after the complaint procedure propose to the other party that the dispute will be settled by mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure (the “Model Procedure”). To initiate a mediation, any party shall give notice in writing (an “ADR Notice”) to the other party requesting a mediation in accordance with the Model Procedure. A copy of the ADR Notice shall be sent to the CEDR.
You and we shall seek to agree the mediator by mutual discussions, but if after 7 days of the receipt of the ADR Notice no mediator can be agreed upon, you and we agree to contact CEDR to select a suitable mediator. Any of us may bring a claim in the courts of England and Wales solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights without first engaging in the informal dispute notice process described above.
In case we are a data processor and you are a data controller, we will each sign the Data Processing Agreement which is available at a separate page of the website.
If you have any questions about these Terms, please contact us.
Practi Technologies Ltd,
UK Private limited Company,
Company number 09829987
Registered office address:
Fleet Place House, 2 Fleet Place, London EC4M 7RF, England
Talk to us on 020 3608 4840