End User License Agreement

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY USING GENTIAN’S WEB APP TO REQUEST A QUOTE FOR OUR SERVICES AND PRODUCTS YOU AND THE ORGANISATION YOU REPRESENT AGREES TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT ACCESS OUR WEB APP.

BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.

Who we are and what this agreement does

We Gentian Limited of incorporated and registered in England and Wales with company number 12535062 whose registered office is at 3rd Floor, Waverley House, 7-12 Noel Street, London, United Kingdom, W1F 8GQ  (Licensor, us or we) license you to use:

• Our web application software available at Gentian Online Platform (App) and any updates or supplements to it,

as permitted in these terms.

Your privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data when you access our App on behalf of your organisation and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided here and it is important that you read that information.

Additional terms / our Standard Terms of Business 

In addition to the terms set out in this licence, you must also comply with the following terms when accessing our App (or website in general):

• Link to General website terms and conditions 
• Link to Acceptable Use Policy 

If after using our App, your organisation wishes to purchase data services or products from us (Services), you can apply for a quote through the App. We would then provide our standard terms of business for B2B customers (Standard Terms of Business) along with our quote and which you would be required to agree before we provide any Services. However, please feel free to request a copy of our Standard Terms of Business at any time, even before requesting a quote, if you think this will make for a more efficienEND USER LICENCE AGREEMENT

t process at your organisation. Our Standard Terms of Business prevail over all other agreements between us and you/your organisation.

Operating system requirements

The website is accessible on any device.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Services or have any problems using them please contact us at info@gentian.team.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at admin@gentian.team.

How we will communicate with you. If we have to contact you we will do so by email or telephone using the contact details you have provided to us.

How you may use the App

In return for your agreeing to comply with these terms you may:

• view, use and display the App on such devices for your organisation’s purposes only
• receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide 

You must be 18 to accept these terms and use the App

You must be 18 or over to accept these terms and use the App on behalf of your organisation.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features or new versions of the App which we introduce.

We will give you notice of any change when you next start the App through the email you provided upon registration. Feel free to contact us using the contact details above if you have any questions. 

If you do not accept the notified changes you will not be permitted to continue to use the App or any Service. 

We are not responsible for other websites you link to

The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

• not share or allow access to other individuals not registered to the account. 

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms or where we have otherwise given express consent in writing in advance;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

• is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to the App;
• is kept secure; and
• is used only for the Permitted Objective;

• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

You must:

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from the App or any Service or our systems or attempt to decipher any transmissions to or from the servers running the App.

Intellectual property rights

All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms and our Standard Terms of Business as applicable.

Our responsibility for loss or damage suffered by you

We only supply the App and Services for internal use by your business, and you agree not to use the App or Services for any re-sale purposes, unless we provide our prior written consent.

We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this licence and your use of our App for (and please see our Standard Terms of Business for applicable provisions about liability where you purchase our Services):

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• wasted expenditure;
• loss or corruption of data or information;
• loss of business opportunity, goodwill or reputation;
• where any of the losses set out above in this list are direct or indirect; or
• any special, indirect or consequential loss, damage, charges or expenses.

Other than the losses set out in the paragraph immediately above (for which we are not liable), our maximum aggregate liability under or in connection your use of our App to purchase Services is set out in our Standard Terms of Business. Where your organisation does not purchase any Services, we accept for no liability for your free use of our App and which you use at your own risk, save as set out as follows. 

However, nothing in this licence shall limit or exclude our liability for:

• death or personal injury resulting from our negligence;
• fraud or fraudulent misrepresentation;
• any other liability that cannot be excluded or limited by English law.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. Further relevant terms will be set out in our Standard Terms of Business if you wish to purchase our Services. 

If we end your rights to use the App and Services you must stop all activities authorised by these terms, including your use of the App and any Services.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell your organisation in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations or those of your organisation under these terms to another person if we agree in writing in advance.

No rights for third parties

This agreement (entered into by you on behalf of your organisation) does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract unlawful, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you/your organisation in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Other important terms

You acknowledge that in entering into this licence you do not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it.

You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this licence or any document expressly referred to in it.

A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

Which laws apply to this agreement and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.