Terms and Conditions 2018-02-05T16:54:46+00:00

Ultimate Manager Terms and Conditions

1. INTRODUCTION

a. Ultimate Manager (hereinafter “the Supplier”) provides web-based services, hereinafter “The Services” for the purposes of this document and excluding any other services provided to you by the Supplier under a different agreement. These services are provided subject to this agreement between you and the Supplier, whose registered address is:

Unit 3b Centurion Park
Tribune Way
York
YO30 4RY
+44(0)8448 24 34 48

Company Registration Number 9185356
www.ultimatemanager.co.uk

This document sets out the terms of the agreement between you and the Supplier for use of the Services.

b. In the event that your use of the Services is covered by a separate agreement, these terms shall be read in conjunction with that agreement. In the event of conflicts between the agreements, the agreement specific to your company shall take precedence.

2. ACCEPTANCE OF THESE TERMS

a. You must agree to these terms before using the Services.

b. You accept the terms by

i. clicking to accept or acknowledge the terms where this option is made available by the Supplier within the Services, or

ii. using the Services, in which case your acceptance of these terms will be inferred.

c. You may not use the Services if you are not of a legal age to form a binding contract between yourself and the Supplier, or if you are barred from using the Services by any legal mandate within your country of residence.

d. You should print a copy of this agreement for your records.

3. PROVISION OF THE SERVICES

a. Due to the Supplier’s programme of continual innovation and improvement, you acknowledge that the nature, form and function of the Services may change at any time without prior notice.

b. As part of this programme, you acknowledge that the Supplier may temporarily cease to provide the Services, or any features therein, at any time and without prior notice to you, for the purposes of maintenance, system upgrades, or other activities necessary to ensure the continued effective operation of the Services.

c. In the event that the Supplier suspends, disables or deletes your account, you acknowledge that you will be prevented from using the Services or accessing any content you have uploaded or posted under your account.

4. SECURITY OF YOUR USER ACCOUNT

a. You will be issued with a username and password in order to access the Services (your “account”). You acknowledge and agree that you are the only person authorised to use your account, and that you may not give out your account details to another party, nor allow another person or persons to use or access your account.

b. In the event that your account is compromised, you must report this immediately to the Supplier.

c. You acknowledge that you are solely responsible for the security and confidentiality of your account and for any activities conducted using your account.

5. YOUR USE OF THE SERVICES

a. You may be required to provide personal information in order to use the Services, such as contact and identifying details. You acknowledge that you are solely responsible for the accuracy of these details, and the Supplier take no responsibility for erroneous, outdated or fraudulent details provided.

b. You agree to use the Services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United Kingdom or other relevant countries).

c. You may not engage or conspire to engage in or in any way abet any activities which disrupt access to, the operation or the security of the Services or their supporting, ancillary or affiliated systems.

d. You may not attempt to access the Services through any means or media other than those provided to you by the Supplier.

e. You may not resell, reproduce, trade, duplicate, copy or sell the Services unless you have been permitted to do so in a separate written agreement with the Supplier.

f. You agree that you will be held ultimately liable for any breach in these conditions, and for any consequences arising from such a breach to the Supplier or its customers.

g. You acknowledge that any breach of these terms may be reported to your employer, who may be held accountable for your actions.

6. PRIVACY AND SECURITY OF PERSONAL DATA

a. Please refer to the Supplier’s privacy policy for details on the privacy of your personal information: http://ultimatemanager.co.uk/privacy-policy/

b. You agree to supply and use data only in accordance with this policy.

7. CONTENT WITHIN THE SERVICES

a. All content held within or distributed through the Service (including but not limited to text files, documents, images, photographs, videos, drawings, etc) to which you have access is the sole property and responsibility of the user from whom the content originated, and the company to which that user belongs.

b. Any content within the Service which is not provided directly by the Supplier may be protected by copyright, trademark or other intellectual property rights by a third party; you may not reproduce, distribute or copy this content without the prior consent of the rights holder(s). You agree that you are responsible for obtaining such agreement, and that the Supplier take no responsibility for your use of this content and any consequences arising thereof.

c. You acknowledge that the Supplier may review, screen, filter or otherwise check any content prior to its inclusion within or provision from the Service. You further acknowledge that the Supplier is under no obligation to do so, and takes no responsibility for content uploaded by users.

d. You may not post any content which is pornographic, offensive, objectionable or illegal to the Services. the Supplier reserves the right to suspend or disable your account in this event.

e. You are ultimately responsible for any content you post or upload to the Service. the Supplier shall take no responsibility for any content you provide to you or a third party, no any consequences arising from the posting or uploading or such content.

8. PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY

a. You may not use any trademarks, logos, or brand names belonging to the Supplier without prior written consent. Should such consent be given you may only use such material in compliance with the terms of a separate written agreement between you and the Supplier.

b. You may not remove or obfuscate any trademarks or copyrights displayed within the Services.

c. You acknowledge that the Supplier own all legal right, title and interest in and to the Services, including any intellectual property rights which exist within the Services, whether registered or not, and wherever in the world those rights may exist. You also acknowledge that the Services may contain information or documents which are deemed confidential by the Supplier and that you shall not disclose such material without the Supplier’s prior written consent.

9. CONTENT YOU UPLOAD

a. You retain all rights to content you create using the Services, and any rights you or your organisation already hold on material you upload or post to the Service.

b. In order to retain, display, transmit or otherwise manage content within the Services, the Supplier may:

i. transmit this content in encrypted form through public networks in various media;

ii. make any changes to the content required to conform to any storage, transmission or delivery media used by the Service.

c. You acknowledge and agree that the Supplier may take these and any other technical measures required to manage your content without the Services.

d. You confirm that you have the rights to provide the above agreement.

10. MESSAGES POSTED BY YOU

a. The Supplier may enable you to post messages or comments through the Services. You may not use this facility to post offensive, defamatory or intentionally misleading information.

b. The Supplier shall have no responsibility for any content posted using this facility.

11. UPDATES TO THE SERVICES

a. The Supplier may make periodic updates to the software or any part thereof which constitutes part of the Services. Such updates may constitute bug fixes, enhancements, new features or functionality. You agree that the Supplier may provide these updates at any time and without prior notice to you.

12. TERMINATION OF YOUR RELATIONSHIP WITH THE SUPPLIER

a. These terms shall apply until and unless either you or the Supplier terminate this agreement as outlined in this section.

b. You may terminate this agreement by notifying the Supplier in writing of your wish to do so at the address given at the beginning of this document.

c. The Supplier may retain basic information in our database, limited to your name and the name of your organisation, for the purposes of maintaining the integrity of historical records and auditing of historical data.

d. The Supplier may terminate its agreement with you at any time if:

i. you are in breach of or are unable or do not intend to comply with this agreement;

ii. the partner, affiliate or reseller through which you have obtained the Services has terminated its relationship with the Supplier;

iii. the Supplier is legally required to do so;

iv. the Supplier deems that the provision of services to you is no longer commercially viable.

e. Upon termination of this agreement, all provisions therein shall remain in force.

13. WARRANTIES

a. The service is provided “as is” and the Supplier provide you with no warranty thereof.

b. the Supplier do not warrant that:

i. your use of the Services will meet with your requirements;

ii. your use of the Services will be uninterrupted, timely and free of error;

iii. information provided through the Services will be accurate;

iv. any defects within or affecting the Services will be corrected.

c. No conditions or warranties shall apply to the Services except those set out in these terms.

d. This agreement does not affect your statutory rights.

14. INDEMNITY

a. You agree to indemnify and hold the Supplier and its employees, affiliates and partners blameless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Service, your use of the Services, your connection to the Services or your violation of these terms.

15. LIABILITY

a. Nothing in these Terms shall exclude or limit the Supplier’s liability for losses which may not be lawfully excluded or limited by applicable law.

b. Subject to overall provision in paragraph 14.a above, the Supplier, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:

i. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;

ii. any loss or damage which may be incurred by you as a result of:

i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;

ii. any changes which the Supplier may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);

iii. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;

iv. your failure to provide the Supplier with accurate account information;

v. your failure to keep your password or account details secure and confidential;

c. The limitations on the Supplier’s liability to you in paragraph 14.b above shall apply whether or not the Supplier has been advised of or should have been aware of the possibility of any such losses arising.

16. COPYRIGHTS AND TRADEMARKS

a. It is the Supplier’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.

17. EXTERNAL CONTENT

a. The Supplier may make external content available to you via the Services through hyperlinks or embedded content. You acknowledge that this content is beyond the Supplier’s control, and that the Supplier shall take no responsibility for the accuracy, availability or content of such resources.

b. The Supplier shall have no obligation to monitor external content.

c. The Supplier is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

18. ADVERTISEMENTS

a. The Supplier may make advertisements available to you through the Services. The form and appearance of these advertisements shall be subject to change without prior notice to you.

b. Such advertisements may make use of data related to your account in order to provide more relevant results.

19. CHANGES TO THIS AGREEMENT

a. The Supplier may make changes or amendments to this agreement at any time; changes to this agreement will be posted to http://ultimatemanager.co.uk/terms-and-conditions/.

b. Should these terms change, your continuing use of the Services will be taken as agreement of the revised terms.

c. A version number and publication date will be posted on this document at all times.

20. GENERAL LEGAL TERMS

a. These terms constitute a whole legal agreement between you and the Supplier, excluding any services provided to you under a separate written agreement, and superseding any previous agreements between you and the Supplier.

b. Should the Supplier fail to enforce any part of this agreement, this shall not be taken as a waiver of the Supplier’s rights or remedies, and these will remain in force and available to the Supplier.

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Ultimate Manager Testimonials

“As part of the recent review of our Asbestos Management procedures Thornton’s decided that we wanted more transparency with regards to our “Duty to Manage”. Additionally we wanted to share asbestos information with our contractors and consultants; so the solution had to be a web based portal. When we saw Ultimate Manager we knew that it was exactly what we needed. By using Ultimate Manager we have real time access to our asbestos surveys and can plan and budget for remedial works and re-inspection surveys. The portal is easy to use and only minimal training is needed. One of my favourite features though is the audit trail that enables me to see if a maintenance contractor has (or hasn’t!) viewed the online asbestos register prior to visiting a store to undertake building works.”

Simon Tansley, Thornton's
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Richard Moore, William Hill

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