1.1. What these terms cover
These terms and conditions cover the use of the Capture Management System (CMS) and the provision of our iSTAR and LiSTAR mobile application.
1.2. Why you should read our T&Cs
Our CMS has been developed by NCTech and allows users to perform many functions. It allows users to record project level information, coordinate drivers across project areas and upload coverage on specific projects. Before you use our CMS system and before you can upload any data on our mobile applications, you must agree and comply with these terms and conditions.
1.3. Your acceptance of our terms and conditions
By logging in to an account and by downloading and installing our mobile application you are confirming that you have read and accepted these terms and conditions. We may amend these terms and conditions from time to time and, if any significant changes are made, we will alert you of those changes.
Our CMS system and mobile applications are primarily targeted at:
- NCTech Employees
- Drivers ( internal and external)
1.5. Our agreement with you
These terms and conditions constitute the entire agreement between us in relation to your use of the Capture Management System and the iSTAR / LiSTAR mobile applications. By agreeing to these terms and conditions you are acknowledging that you have not relied on any other statement, promise, representation, assurance or warranty given by us or on behalf of us which is not set out in these terms and conditions. You shall have no claim for innocence of negligent misrepresentation based on any statement in this agreement.
2.0. Information about us and how to contact us
NCTech is a data controller registered with The Companies House Scotland (No. SC389309). Our registered office is 9 – 10 St Andrew Square , Floor 3, Office 306, Edinburgh , EH2 2AF. Our registered VAT number is 110 8441 00.
3.0 Providing the Capture Management System and Mobile Application
Where NCTech establishes that you are a permitted user of the CMS we will provide you with an account. To make use of our mobile application you must download and install the app onto your mobile device.
3.1. In order to use the CMS you must request an account if you have not already done so. Similarly, to use our mobile application you must download and install the app onto your mobile device.
3.2. Using the CMS allows users to record project level information such as mileages, budgets and deadlines. It also allows admins to upload required Areas of Interest (AOIs) for assignments to drivers.
3.3. The CMS also enables project management capabilities to allow suppliers and admins to view the status of each AOI, manage the assignment of AOIs to selected drivers and review and validate capture coverage.
3.4. The CMS also allows analysis of project level statistics and dashboard level statistics to allow effective monitoring of multiple concurrent capture programmes.
3.5. When you upload data to your CMS account via the app and use the CMS for any of the functionalities as listed above you are deemed to have accepted these terms and conditions.
3.6. We may suspend the supply of our CMS and use of the mobile application to:
3.7. Deal with technological problems or to make minor technical changes; and
3.8. To update the services to reflect changes in relevant laws and regulatory requirements.
4.0. Acceptable use of the CMS and mobile applications
We are not responsible for viruses and you must not introduce them. We do not guarantee that our CMS or mobile app will be secure and free from all bugs and viruses. You are responsible for using your own virus protection software and for configuring your information technology, computer programmes and platform to access your CMS accounts. By continuing to use our capture system and / or our mobile application you agree not to knowingly introduce viruses, trojans, worms, logic bombs or any other technological material that is malicious or harmful.
Breaching this provision will constitute a criminal offence under the Computer Misuse Act 1990. We will report any breaches to the relevant law enforcement and will fully cooperate with such authorities by disclosing your identity to them as required. If you commit a breach you automatically lose your right to use our CMS and / or mobile application and your account will cease to exist.
5.0 Your compliance with other policies
When using our system and / or application you warrant that such data does comply with our standards, you will be liable to use and indemnify us if there is any breach of that warranty.
6.0 Intellectual property rights and data privacy
6.1. Ownership of the data that you upload to CMS
Data that you have uploaded to our CMS, prior to or following the date of this agreement shall be owned by us and, you hereby assign to us irrevocably, all intellectual property rights to the data. You hereby waive your moral rights, or agree not to assert your moral rights where it is not possible to waive them, over the data that you upload to the CMS platform.
6.2. Rights in relation to our CMS / mobile application.
6.3. We have the right to remove and delete any data that you upload to our CMS if, in our opinion, your upload does not comply with the applicable content standards as referred to in clause 5.0 above.
6.4. We have the right to disclose your identity to the relevant law authorities if you commit an offence under the Computer Misuse Act 1990.
7.0 Our rights to end the contract
Where you breach the terms in conditions we have the right to end this contract. We may end the contract if you complete an offence under the Computer Misuse Act 1990 or if we believe that your data does not comply with the content as stated in our acceptable use policy.
8.0 . Problems with CMS / App
9. Our responsibility for loss or damage suffered by you if you are a business
9.1 Nothing in these terms shall limit or exclude our liability for:
9.1.1 death or personal injury caused by our breach of duty;
9.1.2 fraud or fraudulent misrepresentation;
9.1.3 breach of the terms implied section 2 of the Supply of Goods and Services Act 1982; or 9.1.4 any matter in respect of which it would be unlawful for us to exclude or restrict liability. 9.2 Subject to clause 9.1:
9.2.1 we shall not be liable to you, whether in contract, delict, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
9.2.2 Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the affected services under such contract.
How we use your personal data
10. How we may use personal information
11. Other important terms
11.1 We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
11.2 You need our consent to transfer your rights to someone else You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
11.3 Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
11.4 If a court finds part of this contract illegal, the rest will continue in force Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5 Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.6 Which laws apply to this contract and where you may bring legal proceedings if you are a business
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the Scottish courts shall have exclusive jurisdiction to settle any such dispute or claim.