Alert Cascade Limited (“Alert Cascade”) provides Software as a Service (SaaS) communications platforms to companies, government agencies and other organisations (our “Customers”). We also provide limited access to our SaaS communications platforms to prospective Customers for the purposes of evaluating our Services (“Prospects”).
We may modify, update and/or change these Terms without notice, and unless stated to the contrary, all previous versions of these Terms will be superseded by the most recent version. You are responsible for reviewing the most recent version of these Terms, and for being aware of any changes. Continued use of our Services or our Website after a change to our Terms constitutes your acceptance of such change. If you are a Customer of Alert Cascade, these Terms are subject to any duly executed SaaS Agreement with Alert Cascade.
All information, text, graphics, photos, data, software, music, sound or other materials provided in our Website or in our Services (“Intellectual Property”) are the property of Alert Cascade or third-party providers and are the copyrighted property of Alert Cascade or it’s third party provider. Intellectual Property must not be copied, reproduced, distributed, downloaded, displayed, posted or transmitted in any form without the express written permission of Alert Cascade or its third-party provider.
You acknowledge and agree that Alert Cascade and our third-party providers own all intellectual property rights within our Services and our Website. Nothing within these Terms, or within our Website or Services, grants Users any rights to, or in patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Website or the Services. Nothing within these Terms, or within our Website or Services, gives Users the right to use the Alert Cascade name, or any of our trademarks, logos, domain names and other distinctive brand features.
Alert Cascade and the Alert Cascade logo are registered trademarks of Alert Cascade Limited, registered under Community Trade Mark number 014166681. All other trademarks, service marks, registered marks or registered service marks are the property of their respective owners, and their use on our Website or Services does not imply endorsement of Alert Cascade or it’s Website and Services.
• We reserve the right at any time to modify, change, suspend and/or discontinue our Services, or any part thereof, whether permanently or temporarily, without notice.
• Although we try to ensure that our Website and our Services are available at all times, we give no warranties that the Website and Services will be provided in a timely manner free from interruptions or errors. Alert Cascade shall not be liable for any loss suffered by a User because of the Website or the Services being unavailable.
• Sometimes we will need to update the Website and the Services; this may involve varying the technical specifications of the Website and the Services and may involve suspending access to the Website and the Services whilst we carry out this work. We hereby reserve the right to suspend User access to the Website and the Service as required for repairs, maintenance, upgrading the functionality of the Services and the Website or for the introduction of new Services. We will always try to limit the frequency and duration of these disruptions.
• We are not responsible for the back up of any information, including any text, graphic, photos, data, software, music, sound or other materials uploaded to our Services or sent through our Services by Users (“User Content”).
• We are not responsible for the backup of any email address, telephone number and other personal information (“Personal Data”) uploaded to or sent through our Services by Users.
• Our Website and our Services are controlled and operated by Alert Cascade from within the European Economic Area (EAA). We do not make any representation that our Website and our Services comply with any legal or regulatory requirements outside of the EAA.
• We reserve the right to review User Content which has already been sent via our Services, or which is stored within our Services, in response to a complaint received by a third party.
• We reserve the right to access, read, preserve and disclose User Content that has been stored in or sent via our Services where we believe it necessary to do so to do the following:
• Comply with any applicable laws, regulations, police, regulator, legal process or governmental request
• Enforce these Terms, including investigating any potential breach thereof
• Detect, prevent or otherwise address fraud, security or technical issues
• Respond to request or query from a third party who has received the User Content
• Protect the rights, property or safety or Alert Cascade and its Users, staff, officers, agents advisers and the public
• If you are using our Services on behalf of a business or other organisation, you hereby confirm that you have the authority to do so.
• Users agree that they are solely responsible for:
• Maintaining the Personal Data stored and processed in the Services and for ensuring that information provided by Users is true, accurate, complete and not misleading at all times.
• Ensuring that you have the necessary lawful basis to transfer Personal Data into our Services and to allow Alert Cascade to process Personal Data on your behalf.
• Maintaining the confidentiality of their password, username and account log in details (“User Credentials”).
• All actions that are carried out within our Website and Services using your User Credentials and any consequences and/or liability due to these actions.
• Users agree that they may only use our Website and Services for lawful purposes. Users warrant and represent that they will not use our Website and Services:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our user Content standards set out below.
• To transmit, or procure the sending or, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.
• To transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• Users further warrant ant represent that:
• By uploading and sending User Content through our Services, you grant us permission to store, process and transmit the User Content as necessary to deliver the Services.
• You are responsible for the end use of any User Content and for any consequences thereof.
• You have obtained all necessary licenses, permissions, consents, rights and have the power and authority necessary to use, upload and send the User Content through the Services or the Website.
• Any User Content will not infringe any third party intellectual property rights, be abusive, be unlawful, be pornographic, be libellous, be racist or be discriminatory in any way.
• Any User Content shall not constitute a criminal offence or give rise to a civil action.
• You will comply with all laws and regulations, including data protection, electronic commerce, electronic communication and privacy laws, that apply to the collection, storage, transfer and use of Personal Data within the Service.
• You agree to indemnify Alert Cascade against all liabilities, costs, expenses, damages or losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Alert Cascade arising out of or in connection with your use of the Website or the Services.
These content standards apply to any and all User Content which you contribute via our Website or which you upload, store or send through our Services.
User Content must:
• Be accurate (where they state facts)
• Be genuinely held (where they state opinions)
• Comply with the applicable law of any country in which the User Content will be accessed
User Content must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copy right, database right or trade mark of any other person or organisation.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Give the impression that it emanates from Alert Cascade, if this is not the case.
• Advocate, promote or assist in any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Where we determine, in our absolute discretion, that a User has breached these Terms, we will take such action as we deem appropriate including any or all of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our Website and our Services.
• Immediate, temporary or permanent material of any User content contributed to our Website or uploaded, stored or sent through our Services.
• Legal proceedings against you for re-imbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.