FREIGHTHOOD USER TERMS
PLEASE READ THESE LICENCE TERMS CAREFULLY
IMPORTANT NOTICE TO ALL USERS:
- BY CLICKING ON THE “ACCEPT” BUTTON YOU AGREE TO THE APP USER TERMS WHICH WILL BIND YOU.
- IF YOU DO NOT AGREE TO THE APP USER TERMS, YOU MUST CLICK ON THE “REJECT” BUTTON AND YOU MAY NOT ACCESS THE FREIGHTHOOD APP.
WHO WE ARE AND WHAT THESE TERMS DO
Skipper Logistics Ltd (t/a Freighthood) of 21 Hollycroft Avenue, London, England, NW3 7QH (Company number: 13127517) (“us” or “we” or “our”) has entered into an Agreement (the “Customer Agreement”) with our customer (the “Customer”) under which the Customer has been granted a right to permit certain users (“Authorised Users”) to use the Freighthood App, the Service (each as defined below) for the internal business purposes of the Customer during the term of the Customer Agreement.
These App User Terms (the “Terms”) set out the terms upon which you (“you” or “your”) may use:
- the Freighthood App (“Freighthood App”);
- the service you connect to via the Freighthood App and the content we provide to you through it (“Service”) as permitted in these Terms,
in each case as an Authorised User of the Customer.
We license use of the Freighthood App and Service to you solely as an Authorised User of the Customer and on the basis of the Customer Agreement and these Terms. We do not sell the Freighthood App or Service to you. We remain the owners of the Freighthood App and Service at all times.
OPERATING SYSTEM REQUIREMENTS: THE FREIGHTHOOD APP REQUIRES AN INTERNET CONNECTION AND WEB BROWSER ACCESS. WE SUPPORT MOST MAJOR WEB BROWSER RELEASES (INCLUDING GOOGLE CHROME OS; APPLE SAFARI; AND MOZILLA FIREFOX). THE FREIGHTHOOD APP IS NOT COMPATIBLE WITH THE INTERNET EXPLORER WEB BROWSER.
1. GRANT AND SCOPE OF LICENCE
1.1 In consideration of you agreeing to abide by the Terms, we grant to you a non-exclusive, non-transferable licence to use the Freighthood App on the Terms set out herein.
1.2 You may:
(a) download, install and use the Freighthood App and Service for your internal business purposes only:
(b) provided it is only used by you on one device at any one time, transfer the Freighthood App from one device to another; and
(c) receive and use any update or upgrade (including hotfixes or patches) to the Freighthood App as may be provided by us from time to time.
2. RESTRICTIONS ON USE
2.1 Except as expressly set out in these Terms or as permitted by any local law, you undertake:
(a) not to share your Authorised User login details and password with any other person;
(b) not to copy the Freighthood App except where such copying is incidental to normal use of the Freighthood App, or where it is necessary for the purpose of back-up or operational security;
(c) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Freighthood App;
(d) not to make alterations to, or modifications of, the whole or any part of the Freighthood App, nor permit the Freighthood App or any part of it to be combined with, or become incorporated in, any other programs;
(e) not to knowingly access, store, distribute or transmit any viruses, or any material during the course of your use of the Freighthood App and Service that:
(i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(ii) infringes any rights of third parties;
(iii) facilitates illegal activity;
(iv) depicts sexually explicit images;
(v) promotes unlawful violence;
(vi) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
(vii) is otherwise illegal or causes damage or injury to any person or property.
(f) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Freighthood App nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Freighthood App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the Freighthood App with another software program; and
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software which is substantially similar to the Freighthood App;
(g) not to provide or otherwise make available the Freighthood App in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
(h) not to use the Freighthood App or any Service in any manner inconsistent with these terms or act fraudulently or maliciously;
(i) not to infringe our intellectual property rights or those of any third party in relation to your use of the Freighthood App or any Service (to the extent that such use is not licensed by these Terms);
(j) not to use the Freighthood App or Service in any way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(k) not to collect or harvest any information or data for any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service; and
(l) to comply with all applicable technology control or export laws and regulations.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge and agree all intellectual property rights in the Freighthood App anywhere in the world belong to us, that rights in the Freighthood App are licensed (not sold) to you solely on the basis of the Customer Agreement, and that you have no rights in, or to, the Freighthood App other than the right to use them in accordance with these Terms.
3.2 You acknowledge that you have no right to have access to the Freighthood App in source code form.
4. TERMINATION
4.1 You acknowledge and agree that your right to use the Freighthood App and your access to the Service is solely based on the Customer Agreement and that we may temporarily suspend or terminate such rights and access immediately in the event of a breach, a relevant amendment or termination of the Customer Agreement. We may also terminate your access if instructed to do so by the Customer or if we consider (in our sole discretion) you have broken these Terms in a material way. If what you have done can be put right we will give you a reasonable opportunity to do so.
4.2 On termination for any reason:
(a) all rights granted to you under these Terms shall cease;
(b) you must immediately cease all activities authorised by these Terms;
(c) you must immediately and permanently delete or remove the Freighthood App from all devices in your possession, and immediately destroy or return to us (at our option) all copies of the Freighthood App then in your possession, custody or control; and
(d) we may cease providing you with access to the Freighthood App and Service.
5. OTHER IMPORTANT TERMS
5.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
5.2 You may not transfer your rights or your obligations under these Terms to another person unless this has been agreed to by us.
5.3 You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
5.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
5.5 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
5.6 These Terms, the subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.