By using the Society Website and App you agree to these Terms.
These Terms are updated from time to time. The latest version is published here. The Terms was last updated on: 25/01/2020
If you have any questions about this Terms, please email email@example.com
Society is a trading name for WeClikk Ltd. Copyright © WeClikk Ltd. All rights reserved. A company registered in England and Wales # 11879909. Information Commissioner’s Office # ZA641997. Data Controller: WeClikk Ltd.
WeClikk Ltd trading as Society at Office 155, 1st Floor, Interchange Station Road, Croydon CR0 2RD is the Licensor (the Owner) of the product (the Product) described in Part A of the Schedule.
The Licensee (the Subscriber) agrees to have a monthly subscription of the Product licenced by the Owner as described in the Schedule.
This Agreement supersedes all previous agreements. All Subscriber contractual obligations are now replaced with this Agreement, which will be kept up-to-date and updated from time to time with the latest version published here.
THE PARTIES AGREE AS FOLLOWS:
1. Grant of Subscription
The Owner hereby grants to the Subscriber the authority to use the Product for the purpose (the Purpose) set out in Part B of the Schedule.
The Subscriber promises to the Owner as an essential term of this Agreement that the Subscriber will only use the Product for the Purpose in the Territory during the Term.
2. Free Subscription
This Free Subscription service is set out in Part E of the Schedule.
3. Acknowledgement by the Subscriber
The Subscriber acknowledges and undertakes to the Owner that:
the Subscriber will not dispute or challenge the Owner’s exclusive ownership of the Product and all intellectual property therein;
nothing herein confers on the Subscriber any interest in the Product or right to use the Product except to the extent permitted in this subscription;
all enhancements, new uses and adaptations of the Product developed by the Owner shall be owned by the Owner.
the Subscriber allows the Owner to advertise and monetise the Product in order to provide a continuous Free Subscription service for Subscribers. Advertisements will be reasonable to ensure the user experience is balanced and not spammed with Ads by the Owner.
The Subscriber promises not by act or omission to bring the Owner or the Product into disrepute and not to do anything that might harm the interest and reputation of the Owner or Product.
The Subscriber must not during the Term use any product that is competitive with the Product.
The Subscriber must promptly record all complaints it receives from any person with respect to the Product and must promptly notify and provide full details to the Owner via the App’s Tech Support form or emailing firstname.lastname@example.org
The Subscriber must not advertise on the Product any companies, services or products that are in competition with the Product or the Owner. Subscribers must not advertise any events, adverts or sponsors that provide marketing services. The Owner reserves the right to remove any event, advert or sponsor without any notice if it breaches these Terms.
4. Breaches and Termination
If the Subscriber breaches any of the provisions of this Agreement and fails to remedy the breach within 7 days of being requested by the Owner to do so, the Owner may at the Owner’s absolute discretion terminate this Agreement by giving written notice to the Subscriber to that effect.
Upon termination through breach or expiry of the Term the Subscriber must immediately:
cease to use the Product; and
return all of the Owner’s property in the Subscriber’s possession.
The Owner may in the event of breach as an additional remedy to termination claim damages from the Subscriber for any loss or damage which the Owner might thereby suffer.
5. GDPR, Privacy and Data Protection
All data will be collected, stored, processed, accessed and removed in accordance with the European General Data Protection Regulation (GDPR) and Privacy & Data Protection Laws of the UK Information Commissioner’s Office (ICO).
6. Limitation of Liability
The Subscriber acknowledges to the Owner and it is hereby expressly agreed that the Owner will not be liable to the Subscriber for any downtime, loss or damage (including loss of profits and consequential damage) suffered by the Subscriber as a direct or indirect consequence of the use of the Product.
Where liability on the part of the Owner and Owner cannot for any reason be fully excluded then the Owner will only be liable to the Subscriber for damages capped at the total amount received by the Subscriber by way of Subscription Fees and the Subscriber hereby expressly waives and abandons any entitlement it might otherwise have to claim any sum by way of damages or compensation from the Owner to the extent to which that sum exceeds the aggregate amount of the Subscription Fees received under this Agreement.
7. Whole Agreement
This Agreement represents the whole of the terms of the licence between the Owner and the Subscriber and all representations, undertakings, prior agreements or arrangements are expressly excluded. The Subscriber expressly acknowledges that in entering into this Agreement it has not relied upon any prior representation made by the Owner or any prior representatives concerning the Product, its uses or specifications.
8. Jurisdiction and Proper Law
This Licence is governed by and is to be construed and enforced in accordance with the laws of England. Any court proceedings brought to enforce any provision of this Agreement will be brought in the courts of England and the parties submit to the jurisdiction of those courts.
The Product is The Society App. The App allows subscribing Societies to have a free App (available on both iOS and Android) that is branded with their own Society’s Logo and ‘powered by the Owner’. Each Society will be able to offer its own members with up-to-date Information, Events, Online Booking and Certificates through an Admin CMS as well as offer in-App Chat Services to communicate with the Committee and Society members. Members will be required to use compatible smartphones to download the App (free of charge) from the Apple and Android App Stores, signing-in using their verified University/College email address.
The Purpose of this Subscription Agreement is to allow the Subscriber to use and monetise the Product. Each Society will be able to monetise the Product (only individually as one society, not as a group of two or more societies i.e. not as a collective) and be responsible for its own individual sponsorship and advertising deals (keeping 100% of any of its own independently negotiated and collected funds) when using the App to create Event Sponsorships (logos/links on Event Info) and Event/Calendar Advertisements (advert posts in the Event/Calendar feeds).
The Term of this License Agreement is a monthly-rolling subscription.
The Subscriber’s Territory in which they may utilise the Product is within their own University/College Society only.
E. Subscription Fee
It is agreed that the Subscription Fee is Nil (£0.00 or $0.00 per month) and the Owner will aim to continue the Product’s Free Subscription. The Owner aims to self fund the App and may raise funding as required. In exchange for the Owner’s free App hosting, development, improvements and technical support, the Owner reserves all rights to advertise on the App, attract advertisers/sponsors and monetise the Product as required in order to fund and provide a Free Subscription service for all its Subscribers. Advertisements will be reasonable to ensure the user experience is balanced and not spammed with Ads by the Owner.
F. Transaction Fees
Transaction Fees are separate to the Free Subscription service. The Subscriber may opt-in to use the App’s payment gateway (such as payments powered by but not limited to Stripe) to collect and process payments via the App (e.g. for event online booking or shop purchases with credit/debit card payments via the App). All payments collected on behalf of the Subscriber will be paid out to the Subscriber within 7-10 days less necessary transaction admin fees. Example transaction admin fees include but are not limited to 1.5% + 25p for European cards or 3% + 25p for non-European cards, which may fluctuate depending on third party providers and costs. The purpose of the transaction admin fees is to cover the administration cost of providing the payment gateway and all banking costs incurred in order to provide a seamless high quality service of receiving payments via the App. This is an optional feature for the Subscriber.