Terms - Case Analytics

Terms for Case Analytics customers

Account agreement

These terms are in addition to any terms specified in your Account Agreement with us.

Use of Case Analytics – Smart Case Management

These Terms are an extension of the existing Case Analytics Account agreement our customers agree to when applying for their Case Analytics accounts.

Please read them carefully as they are binding to You from the time that your Case Analytics account is linked with an “User”.

Definitions

“Account” means each individual account used on the Service whether the account has administrator or user privileges.
“Case Analytics” means Case Analytics Limited, which is registered in England and Wales with company number 11515573.
“Third Party Integrations” means any service provided by a company other than Case Analytics Limited for which access has been granted through a separate agreement between the provider and Case Analytics, and is separate from these terms, but subject to the terms of the Third Party Provider.
“Service” means any Software as a Service, and/or other services owned and operated by Case Analytics, made available through any Website owned and operated by Case Analytics and excludes any third-party integrations.
“End User” means the individual and/or legal entity using the Service to access the Data through the Website.
“Bill”, “Invoice” means any charges we raise to you, which become due at the time of raising the bill and which must be paid by you in cleared funds by the due date in order to continue with use of the service.
“Due Date” means the date on which our Bill must be paid.
“Direct Debit” means a service allowing a Case Analytics to collect pre-authorised funds from your account electronically to pay our bills, which is offered by GoCardless Limited, who have their own terms and for whose service we make no warranty.
“Stripe Payment” means any pre-authorised payment taken by Stripe Inc or their Affiliates from a credit card, debit card or other method selected by you, which is governed by their own terms and for whose service we make no warranty.
“Bank Transfer” means an electronic payment made by you directly to our nominated Bank Account in payment of a bill that we have raised to you.
“Website” means the Internet site at the domain caseanalytics.com and any sub-domains of this site or any other site operated by Case Analytics.
“You” “Your” means the “Case Analytics Account Holder”.
“Working Day” means Monday to Friday, 09.30 to 16.30 hours, excluding any Bank or Public Holiday in England and Wales.
“Data” means “Any Data added to the Service, including but not limited to you own details and details of any data subject, company, telephone, vehicle details, email addresses, files, photos entered into each section of the Service ”.

Acknowledgements

By accessing our Service, you accept that Case Analytics is not liable for any loss of funds, Data or reputation which may result from entering those details or from the subsequent outcome in relation to any Data Protection Impact Assessment and/or actions of the End User.

It is Your sole responsibility to determine that the Service meets the needs of Your business and is suitable for the purposes for which they are used.

You remain solely responsible for complying with all applicable laws in your jurisdiction and in the jurisdiction in England and Wales. It is Your responsibility to check that storage of and access to your Data by an End User through the Website will comply with laws applicable to you (including any laws requiring you to retain records).

Authority

You warrant that where You have arranged to use the Service on behalf of a legal entity, You have the authority to agree to these Terms on behalf of that entity and agree that by registering to use the Service You bind the entity on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

Property

Any End User linked to your Account is added at your discretion and it is your responsibility to monitor and revoke access to the user, in the event that the user is no longer linked to the legal entity, or you.

Should a dispute between You and an End User arise regarding access to the Data, You have the authority to revoke access to it at any time, without notice or consent. You can do so by archiving the User under the Admin Panel > Users function on the website.

Warranties

Case Analytics does not warrant that the use of the Service will be uninterrupted or error-free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Case Analytics is not in any way responsible for any such interference or prevention of Your access or use of the Services.

Cancellation

If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms. You can do so by emailing accounts@simplecasetracker.com giving not less than 30 days’ notice, and can only terminate the terms if your Bills are paid up to date.

Case Analytics reserves the right to indefinitely suspend or terminate access to the Service without notice if we believe that it is necessary for security purposes, if these Terms have been breached or if a User linked to your account is believed to have breached their agreement with Case Analytics.

General

Entire agreement:

These Terms, together with the Case Analytics Privacy Policy and the terms of any other notices or instructions given to You under these Terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Case Analytics relating to the Service and the other matters dealt with in these Terms.

Severability:

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

Notices:

Any notice given under these Terms to you by Case Analytics will be sent to the email address that You provided when setting up Your access to the Service and will be deemed to have been given upon transmission. Any notice given under these Terms to Case Analytics by You must be submitted in writing via accounts@simplecasetracker.com. and will be deemed to have been given upon successful submission.

Rights of Third Parties:

A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

General Terms

These Terms are intended to explain our obligations as a service provider and Your obligations as an End User. Please read them carefully as they are binding on any use of the Service and apply to You from the time that Case Analytics provides You with access to the Service.

Case Analytics reserves the right to change these Terms at any time, and effective upon the publishing of modified Terms to our Website. It is Your responsibility to ensure that You have read, understood and agree to the most recent Terms available on the Website.

By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person or legal entity for whom You are using the Service. You are also deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

Data Controller

You agree that you remain the Data Controller of any Data you enter into the system, regardless of whether you consider your own relationship with your Client to be that of Data Controller.

We will only disclose data when required to do so by law, and you agree that you will deal with any Subject Access Request in relation to the Data you enter, even if made to Case Analytics. You will only place lawful data onto the Service.

We shall cooperate at all times with any Competent Authority and may disclose information where required to do so by law.

Your obligations

General obligations:

You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Case Analytics or condition posted on the Website.

Access conditions:

You must ensure that the credentials (tenant name /username/password) required to access the Service are kept secure and confidential. You must immediately notify Case Analytics of any unauthorised use of Your passwords or any other breach of security and You must take all other actions that Case Analytics reasonably deems necessary to maintain or enhance the security of Case Analytics’s computing systems and networks and Your access to the Services.

As a condition of these Terms, when accessing and using the Services, You must:
not attempt to undermine the security or integrity of Case Analytics’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other End User to use the Services or Website;
not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access;
not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

Communication Conditions:

As a condition of these Terms, if You use any communication tools available through the Website (such as transactions notes and attachments), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial email, files that may damage any other person’s computing devices or software, content that may be offensive to a Case Analytics business account holder or any other End User of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).

When You make any communication on the Website, You represent that You are permitted to make such communication. Case Analytics does reserve the right to remove any communication at any time in its sole discretion.

Indemnity:

You indemnify Case Analytics against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Case Analytics.

Confidentiality and Privacy

Confidentiality:

Unless the relevant party has the prior written consent of the other or unless required to do so by law:

Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.

The provisions of the Confidentiality Clauses shall not apply to any information which:

is or becomes public knowledge other than by a breach of this clause; is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or is independently developed without access to the Confidential Information.

Privacy:

Case Analytics maintains a Privacy Policy that sets out the parties’ obligations in respect of personal information. You should read that policy and You will be taken to have accepted that policy when You accept these Terms.

Intellectual Property

General:

Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Case Analytics. Ownership:

The Registration Information remains the property of the End User. You grant Case Analytics a licence to use, copy, transmit, store, and back-up Your Registration Information for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You. The Data remains the property of the Case Analytics account holder.

The Client Information remains the property of the User. You grant Case Analytics a licence to use, copy, transmit, store, and back-up Your Client Information for the purposes of enabling functionality of the Services only.

You grant Case Analytics a licence to use, copy, transmit, store, and back-up the Data entered onto the service, for the purposes of archiving and for the prevention and detection of crime, including smart matching data of interest between users of the Service whether on the users account, or the user of another account. Case Analytics will not show, provide or otherwise disclose such information, but you agree that where a smart match of data of interest is calculated by the Service, we can provide your details (contact details and reference) to other account holders to enable them to contact you directly, whether inside or outside of the services.

Backup:

You must maintain copies of any Data or Client Information input into the Service. Case Analytics adheres to its best practice policies and procedures to prevent Data loss, including a system Data back-up regime, but does not make any guarantees that there will be no loss of Data. Case Analytics expressly excludes liability for any loss of Data or Client Information no matter how caused.

Third-Party Integrations:

If You enable third-party applications for use in conjunction with the Services, You acknowledge that Case Analytics shall not be responsible for any disclosure, modification or deletion of information resulting from any such access by third-party application providers. This includes both Registration Information and Data. Warranties and Acknowledgements

Authority:

No warranties:

Case Analytics gives no warranty about the Services. Without limiting the foregoing, Case Analytics does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

Consumer guarantees:

You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.

Limitation of Liability

To the maximum extent permitted by law, Case Analytics excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Registration Information, Client Information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.

Termination

You can cancel this agreement at any time by contacting us at accounts@simplecasetracker.com. giving 30 days’ notice or by clicking on the ‘close my account’ button in the admin section of the Service.

Breach of Terms:

If You: breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied; breach any of these Terms and the breach is not capable of being remedied;
You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,

Case Analytics may take any or all of the following actions, at its sole discretion:

Terminate this Agreement and Your use of the Services through the Website;
Suspend for any definite or indefinite period of time, Your use of the Services through the Website;
Suspend or terminate access to all or any Data.

General

Entire agreement:

Waiver:

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

Delays:

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control.

No Assignment:

You may not assign or transfer any rights to any other person without Case Analytics’ prior written consent.

Terms for this website

The following Terms of Service constitute a legal document between you, as the user of the Service, and Case Analytics, as the owner of the Website.

Intellectual Property

The Website may include at any given time text, graphics, images, logos, icons, sound clips, video clips and data compilations, and together with the Website’s page layout, underlying code and software, are referred to as “Content”. All of the Content is the property of Case Analytics, our affiliates or third parties with whom we do business. As such, the Content is protected by the United Kingdom and international intellectual property laws, and other relevant laws. In addition and except as provided by Part 1, Chapter 3 of the UK Copyright, Designs and Patents Act 1998 (which contains what are generally known as the “fair use” provisions for copyright materials), you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Case Analytics.

Disclaimers

You need to be aware that:

The Website is provided “as is” and on an “as available” basis, and we give no warranty that it will be free of defects and/or faults.

We make no warranty or representation (express or implied) that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure or that all information provided will be accurate.

We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from your use of the Website or any information contained in it, to the maximum extent permitted by law.

You use the Website and its Content at your own risk.

We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, communications network failure, power failure, host equipment failure, ISP (internet service provider) equipment failure, natural events, acts of war, or legal restrictions and censorship.

Revisions

We may update these Terms of Service from time to time to reflect any changes in law or for any other reason. If we do update these Terms of Service, we will upload a new version to the Website and as soon as you use the Website after they have been uploaded, you will be deemed to have agreed to the updated version. You will still be bound by the previous Terms of Service that you have, or deemed to have, agreed to. If there is a conflict between any versions of the Terms of Service to which you have agreed, or deemed to have agreed to, the most recent version shall take precedence unless it is expressly stated otherwise.

Severability

We have made every effort to ensure that these Terms of Service adhere to the relevant provisions of the UK Unfair Contract Terms Act 1977 and other applicable laws. However, if any of the provisions or clauses are found to be unlawful, invalid or otherwise unenforceable, that provision or clause is deemed to be severed from these Terms of Service and shall not affect the validity and enforceability of the remaining Terms of Service. This clause on “Severability” shall only apply within the jurisdictions where a particular term is illegal.

No Waiver

In the event that either you or we fail to exercise any right or remedy contained in these Terms of Service, that does not mean that you or we have waived that right or remedy and so shall not be construed as a waiver.

Communications

If you wish to contact us about these Terms of Service, you may do so by sending us an email to accounts@simplecasetracker.com.

Governing Law

These Terms of Service shall be governed by and construed and interpreted in accordance with the laws of England and Wales. In addition, you and we hereby submit to the exclusive jurisdiction of the courts of England and Wales.