These terms and conditions govern your use of the Websites which are owned and operated by Retail Manager Solutions Limited. Retail Manager Solutions Limited (“RMS”, “we” and “us”) is a company registered in England and Wales (company registration number 6819750) whose registered office is at Castle Malwood, Minstead, Hampshire SO43 7PE. Our registered VAT number is GB 947 6315 94.
These Website terms and conditions (“Website Terms”) apply to your use of the Retail Manager Solutions Limited Website at www.retail-manager.com. You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using or registering with the Websites, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, you must not use the Website.
These Website terms supplement (and are in addition to) the terms of our Privacy Statement. Our Privacy Statement explains what personal information we collect about you when you use the Website and its purpose such as to make the Website easier to use by eliminating the need for you to repeatedly enter the same information. We may also use your personal information to provide you with important information about the product or service that you are using, including critical updates and notifications. Please note that when you agree to these Website Terms you shall be deemed also to have read and understood our Privacy Statement in its entirety.
Your use of the Websites
You must only use the Websites for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Websites.
You may use, download and print content from the Website solely for your own personal use or internal business purposes. Other than for your own personal use or internal business purposes, you may not without our prior written consent:
- copy, reproduce, use or otherwise deal with any content on the Website;
- modify, distribute or re-post any content on the Website for any purpose;
- use the content of the Website for any commercial exploitation whatsoever.
You may not use the Website at all for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- gaining unauthorised access to other computer systems;
- interfering with any other person’s use or enjoyment of the Website;
- breaching any laws concerning the use of public telecommunications networks;
- interfering or disrupting networks or websites connected to the Website;
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Ownership of Rights
All rights, including copyright and other intellectual property rights, in and to the Website are owned by or licensed to Retail Manager Solutions Limited.
If you acquire any copyright or other intellectual property rights in the Website (whether by operation of law or otherwise), then you agree to assign those rights to us (including any rights you may have in user generated content that you submit through the Websites) on a worldwide basis absolutely to the fullest extent permitted by law. You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Website.
You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.
Accuracy of Content
To the extent permitted by law, RMS disclaims all representations and warranties, express or implied, that content or information displayed in or on the Websites is accurate, complete, up-to-date and/or does not infringe the rights of any third party. RMS shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on the Websites.
The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of RMS or any of its group companies.
Damage to your Computer or other Device
RMS uses reasonable efforts to ensure that the Websites are free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of the Websites (including any content on it or any websites accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including anti-virus software) to use the Websites safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, RMS shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Websites.
Links to other Websites
We may place links on the Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, RMS cannot accept any liability in respect of the use of these Websites.
Exclusions of Liability
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Website Terms or your use of the Website.
Except to the extent required by applicable law, RMS shall not be liable to any person for any loss or damage which may arise from the use of or reliance on any content or information displayed in or on the Websites.
RMS shall not be responsible for any breach of these Website Terms caused by circumstances beyond its control.
These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Nothing in these Website Terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Website Terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
Third Party Rights
Only you and RMS shall be entitled to enforce these Website Terms. No third party shall be entitled to enforce any of these Website Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These Website Terms (including, where applicable, our Privacy Statement) set out the entire agreement between you and us with regard to your use of the Websites and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Law and Jurisdiction
Any matter that arises out of your use of the Websites (including any contract entered between you and us through the Websites) shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts made between you and us shall be concluded in English.
Changes to these Website Terms
We reserve the right to change and update these Website Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Website Terms that apply to your use of the Websites. The changes will apply to the use of the Websites as soon as they are published. If you do not wish to accept the new Website Terms you should not continue to use the Websites. If you continue to use the Websites after the date on which the change comes into effect, your use of the Websites indicates your agreement to be bound by the new Website Terms.