The following Terms of Service apply to all persons and entities who access the software, intellectual property or any other provision or service ("services") provided by Ibex.
All websites owned, operated, controlled and/or otherwise made available by Bishop Surveying Solutions Ltd, its affiliates and subsidiaries shall be collectively refered to as "Ibex", "us" or "we" or "our".
These Terms of Service ("Terms of Service") govern your access and use of all services provided by us.
Acceptance of Terms of Service
These Terms of Service form a legally-binding agreement ("agreement") between you ("you") and us that you must accept and agree to in order to use any of our services.
"You" refers to the individual who registered and/or provided in the our website his or her credit card or other payment mechanism for the services or, if the services are being purchased on behalf of an entity by an individual authorised to purchase the services on behalf of such entity, then "you" refers to such entity.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Service.
In that case, the Terms of Service "you" or "your" shall also refer to such entity, its staff and its affiliates, as applicable. If you do not have such authority, or if you do not agree with these Terms of Service, then you may not use the service.
You acknowledge that these Terms of Service are a contract between you and us, even though it is electronic and is not physically signed by you and us, and that it governs your use of the service.
Violation of any of the Terms of Service may result in the termination of your account.
We may, at our sole discretion, modify the features of the services from time to time without prior notice.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
If you send us any feedback or suggestions regarding the service, then you grant us an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
Access and Use
You will receive a password and account designation upon completing the service's registration process.
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify Ius of any unauthorised use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.
You may not use the service for any purpose which is illegal or violates any laws in your jurisdiction, in the jurisdiction of the England and Wales or in any way that intentionally or unintentionally violates any applicable local, state, national or international law.
Any software associated with the services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Your Content and Data
We shall not claim any intellectual property rights over the data and such material that you provide to the service.
All materials uploaded and stored on our servers shall remain yours.
"Data" means any data and content you upload, post, transmit or otherwise made available via the services including includes messages you send, files you upload, comments you make on files, profile information and anything else you enter or upload into
We will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security. For more information on our current practices and policies regarding data privacy, security and confidentiality.
In order for us to provide services to you, we require that you grant us certain rights with respect to your data.
For example, we need to be able to transmit, store and copy your data in order to display it to you and your colleagues, to index it so you are able to search for it, to make backups to prevent data loss, and so on.
Your acceptance of these Terms of Service gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose).
This permission includes allowing us to use third-party service providers (e.g Cloudflare.com) in the operation and administration of the service and the rights granted to us are extended to these third parties to the degree necessary in order for the service to be provided.
This may involve moving your data across jurisdictional lines, or across country borders. We will not share, disclose, sell, lease, modify, delete or distribute any data provided by you in any manner.
We will not view your data except when given permission by you for the purpose of support.
You agree that we may include your business name in a list of our clients online and in print and electronic marketing materials in an appropriate fashion.
You may not use the services to:
Upload, post, transmit, or otherwise make available any of Your Data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Upload or transmit images that contain nudity, weapons, violence or drugs
Impersonate, or misrepresent your relationship with, any person or entity
Upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party.
You are solely liable and responsible for your interactions with other users.
We reserve the right to monitor disputes between you and other users, although we have no obligation to do so.
We reserve the right to terminate any account that is in breach of these Terms of Service.
Payments for Services
You are not obligated to purchase any of the services, howver if you decide to purchase a service package(s) or additional services, then you may provide a credit card or other accepted payment mechanism of your choice.
You agree that we may charge to your credit card or other payment mechanism that we will accept for your prepaid account (your "account") and all amounts due and owing for the services, including service fees, subscription fees or any other fee
or charge associated with your use of the services.
If there are any annual, monthly or similar periodic fees for your subscription, then these fees will be billed automatically to the credit card designated during the registration process for the services, or subsequently designated to us at the start of the subscription period and at the start of each renewal period, unless you terminate your subscription before the relevant period begins.
Prices of all services are subject to change at any time.
We will endeavor wherever possible to give advance notice.
Such notice may be provided at any time by posting the changes to our website or the service itself.
All payments authorised by you into your account are final. We will not be obliged to refund any payments of your account regardless of whether you use the services or not.
In connection with your purchase and/or use of the service, you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes.
You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree to indemnify us to the extent that we incur any obligations or other liabilities in connection with such taxes.
You agree that in the event that we are unable to collect the fees owed to us for the services through your account, then we may take any other steps that we deem necessary to collect such fees from you and that you will be responsible for all costs and
expenses incurred by us in connection with such collection activity, including collection fees and legal costs.
You further agree that we may collect interest at 8.0% per month or the highest amount permitted by law on any amounts not paid when due.
Some services provided by Ius allow you to upgrade or downgrade your service levels.
If you upgrade your service level from one package to a higher priced package, then we will charge you as follows:
1) if you pay monthly, your first payment will be the difference between the higher priced package and your current package price, whereby monies received by us for your current package price is pro-rated based on the actual number of days until your scheduled monthly payment date.
Your regularly scheduled monthly payment date will remain the same as your initial purchase date, with subsequent monthly charges at the higher package price.
If you purchase or upgrade additional services that are charged on a monthly basis, your first payment for those additional services will be the price of the additional services pro-rated based on the actual number of days until your next monthly payment
Your scheduled monthly payment date will remain the same as your initial purchase date, with the full price of the additional services reflected in subsequent monthly charges.
If you purchase additional services that are charged on an annual basis, your first payment for those additional services will be the full price of the additional service.
The renewal date for such annual additional services will be the date of upgrade the subsequent year.
If you wish to move from a higher priced package to a lower priced package, then you must let the current service level expire then repurchase at the desired service level.
If you wish to remove additional services from your account, then you must let the current additional services expire first then repurchase any desired additional services.
Cancellation by You
You are solely responsible for properly canceling your account.
An email or phone request to cancel your account is not considered a cancellation.
You can cancel your account at any time by accessing the subscription settings panel in your settings page.
All of your content will be immediately be inaccessible from the service upon cancellation.
Within 30 days, all this content will be permanently deleted from all backups and logs.
This information can not be recovered onceit has been permanently deleted.
We, at our sole discretion, have the right to suspend or terminate your account and refuse any and all current or future use of the service for any reason at any time.
Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account.
We reserve the right to refuse service to anyone for any reason at any time.
Third Party Services
If you elect to utilise any third party application in connection with your use of the service, by doing so you are consenting to your data being shared with such third party application.
You expressly understand and agree that the we shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
Any abuse or excessively frequent requests to the service via the API may result in the temporary or permanent suspension of your account's access to the API.
We, at our sole discretion, will determine abuse or excessive usage of the API.
We will make a reasonable attempt via email to warn the account owner prior to suspension.
We, as applicable, retain ownership of all proprietary rights in the services and in all trade names, trademarks and service marks associated or displayed with the services.
You will not remove, deface or obscure any of our or our suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the services.
You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the services.
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Service and conditions or their subject matter or formation (including non-contractual disputes or claims).
Neither any opinion, advice or statement of us or our affiliates, licensors, suppliers, agents or visitors, whether made on our website or otherwise nor the results of any operation of the service by you constitute representations or warranties of us
or give rise to any rights of reliance or otherwise for the benefit of you or any third party.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data.
We do not assume any responsibility or risk for your use of our service and the internet.
Any and all services provided by us to you are provided "as is", without warranty of any kind.
We disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and no infringement and all warranties that may arise from course of dealing, course of performance or usage of trade.
Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
We and our affiliates, licensors, suppliers, and agents do not warrant that your use of our website or materials will be uninterrupted, error-free or secure, that defects will be corrected or that our website, the server(s) on which our website is hosted or our materials are free of viruses or other harmful components.
Without limiting the generality of the foregoing, we hereby disclaim any and all liability for any damage to or other impact on your equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) your use of the service, including but not limited to claims relating to faulty, malfunctioning or inoperable service.
In no event will we nor any of our affiliates, licensors suppliers or agents, nor our or their directors, officers, employees, consultants, agents or other representatives ("indemnified parties"), be liable for any indirect, incidental, special, consequential or punitive damages or damages for loss of profits, revenue, business, savings, data, use or cost of substitute procurement, incurred by you or any third party, whether in an action in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages or if such damages are foreseeable.
Your sole remedy for dissatisfaction with our website, materials or any linked site is to stop using them.
The sole and exclusive maximum liability of all indemnified parties collectively for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the total amount paid by you, if any, to access or use our website or our materials.
Your use of our website and any materials provided through our website is entirely at your own risk.
You acknowledge that the limitations of liability in these Terms of Service and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have provided the service.
Our pricing reflects this allocation of risk and the limitation of liability specified herein.
A possibility exists that our website or materials could include inaccuracies or errors or information or materials that violate these Terms of Service.
Additionally, a possibility exists that unauthorized alterations could be made by third parties to our website or materials.
Although we attempt to ensure the integrity of our website, we make no guarantees as to its completeness or correctness.
If a situation arises in which our website's completeness or correctness is in question, or if you have any questions regarding this agreement, then please contact us.