TERMS & CONDITIONS
By using the Passport365 service [as more particularly described at [www.Passport365]] (the “Service”), which includes the Passport365 site ([www.Passport365]) and any subdomain, you agree to be bound by the following terms and conditions (‘Terms of Service’).
Replay Maintenance Ltd, a company registered in England under registration number 1416487, whose registered office is at Lancaster House, 21 Roseland Business Park, Long Bennington, Newark, Notts NG23 5FF and whose VAT registration number is GB 911 363 551 (“Replay”) reserves the right (by posting the changes to the Passport365 site ([www.Passport365]) or to the Service itself) to update and change these Terms of Service from time to time with prior notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of these Terms of Service will result in the termination of your Passport365 account. While Replay prohibits such conduct and/or content on the Service, you understand and agree that Replay cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims).
- You must be 13 years or older to use this Service.
- You must be a human. Passport365 accounts registered by ‘bots’ or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process.
- Your user login may only be used by one person and a single user login shared by multiple people is not permitted. You may create separate logins for as many people as is permitted by the level of subscription attaching to your Passport365 account.
- You are responsible for maintaining the security of your Passport365 account and user login and password. Replay cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- Field workers are responsible for device and hardware security, and the security of their user logins and passwords.
- You are responsible for all content posted and activity that occurs under your Passport365 account (even when content is posted by others who have accounts under your Passport365 account).
- If you are using a free Passport365 account you are not permitted to block ads.
- One person or legal entity may not maintain more than one free Passport365 account.
- You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Customers may access their Passport365 account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Passport365, is bound by these Terms of Service.
- You expressly understand and agree that Replay shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Replay has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to Replay via the API may result in the temporary or permanent suspension of your Passport365 account’s access to the API. Replay, in its sole discretion, will determine abuse or excessive usage of the API. Replay will make a reasonable attempt via email to warn the Passport365 account owner prior to suspension.
- Replay reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit or debit card is required for paying Passport365 accounts. Free Passport365 accounts are not required to provide a credit card number. Passport365 accounts will automatically be cancelled after 14 days if you do not subscribe. Passport365 account data will stay in the account for 60 days in total before all account data is deleted.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Passport365 account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only the United Kingdom.
- For any increase or decrease in user levels, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading the level of Service or subscription attaching to your Passport365 account may cause the loss of content in, or loss or features or capacity of, the account. Replay does not accept any liability for such loss.
Account Cancellation and Termination, and Modifications to the Service and Prices
- You are solely responsible for properly cancelling your Passport365 account. You can cancel your Passport365 account at any time by clicking on the settings link within your online account, clicking subscription and then clicking the cancel account link at the bottom of the page and filling in the cancellation form. Replay will respond within 48 hours and confirm cancellation.
- All of the content in your Passport365 account will be kept for 60 days from your cancellation of the Service and, if you do not re-subscribe in this time, will be deleted permanently.
- If you cancel the Service before the end of your current paid-up month, your cancellation will take effect immediately and you will not be charged again.
- Replay, in its sole discretion, has the right to suspend or terminate your Passport365 account and refuse any and all current or future use of the Service, or any other Replay service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Passport365 account or your access to your Passport365 account, and the forfeiture and relinquishment of all content in your Passport365 account. Replay reserves the right to refuse access or use of the Service to anyone for any reason at any time.
- Replay reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Replay services, including but not limited to monthly subscription plan fees for the Service, are subject to change upon 30 days’ notice from Replay. Such notice may be provided at any time by posting the changes to the Passport365 site ([www.Passport365]) or to the Service itself.
- Passport365 shall not be liable to you or to any third party for any modification, price change, suspension, termination or discontinuance of the Service.
Ownership of Intellectual Property Rights in the Service and Content
- Replay claims no intellectual property rights over the content or any other materials you provide to the Service, the ownership of the intellectual property rights in such content and materials remaining yours.
- Replay does not pre-screen the content or any other materials you provide to the Service, but Replay has the right (but not the obligation) in its sole discretion to refuse or remove any such content or materials that is or are available via the Service.
You acknowledge and agree that Replay and/or its licensors own all intellectual property rights in the Service and, except as explicitly stated in these Terms of Service, you are not granted any rights to, under or in any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Service. For the avoidance of any doubt, you may not reproduce, duplicate, copy, sell, resell, reuse or otherwise exploit any portion of the Service (including but not limited to the HTML/CSS or visual design elements of the Service) or any access to or use of the Service without explicit prior written permission from Replay.
- Your use of the Service is at your sole risk. The service is provided on an ‘as is’ and ‘as available’ basis. Technical support is only provided to paying account holders and is only available via email.
- You understand that Replay uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Passport365, Replay or any other Replay service.
- We may, but have no obligation to, remove any content and any Passport365 account containing content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Replay customer, employee, member, or officer will result in immediate Passport365 account termination.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or ‘spam’ messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 200 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Replay) of other Passport365 customers, Replay reserves the right to immediately disable your Passport365 account or throttle your file hosting until you can reduce your bandwidth consumption.
- Replay does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
- You explicitly understand and agree that Replay shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Replay has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
- The failure of Replay to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and Replay and govern your use of the Service, superseding any prior agreements between you and Replay (including, but not limited to, any prior versions of these Terms of Service).