Terms and Conditions

TERMS FOR PARTICIPOLL SERVICES

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply ParticiPoll services (both free and paid-for) listed on our website at participoll.com (our site). Please read these terms and conditions carefully before using any services from our site. You should understand that by using any of our services, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

1. Your status

   1. By registering to use our services through our site, you warrant that:
      1. You are legally capable of entering into binding contracts;
      2. You accept that the site as a minimum requires that your computer has Javascript and that your browser has cookies enabled.

2. How the contract for your usage is formed

   1. You will be required to complete an application to subscribe to ParticiPoll via our website. At that stage, you will be required to complete your contact and relevant personal details and make payment for any premium services required.
   2. Where you have signed up for ParticiPoll paid-for Subscription Services and pay on an recurring basis, we will continue to notify you of your annual payments and your Contract will continue indefinitely until such time as you cease making payments. The onus is upon you to stop any payment before the due date if you do not wish to renew.
   3. If you tell us not to renew any ParticiPoll paid-for Subscription Services, we will suspend your membership within 30 days of you giving us notice to cease renewal.

3. Cancellation rights

   1. If you are contracting as a consumer, you may cancel a paid-for ParticiPoll subscription Contract within seven working days of the day after you receive the Subscription Confirmation. In this case, you will receive a full refund of the price paid for the services in accordance with our refunds policy (set out in clause 6 below).
   2. Details of this statutory right, and an explanation of how to exercise it, are provided in the Subscription Confirmation. This provision does not affect your statutory rights.
   3. You may also choose not to renew your paid-for Contract when your next renewal payment is due, but no refunds will be made.
   4. If you wish to cancel the free ParticiPoll service Contract, you may do so at any time by notifying us by email to info@participoll.com.
   5. Upon cancellation of any Contract you have a legal obligation to stop using the services immediately and we can withhold your access rights. If you fail to comply with this obligation, we may have a right of action against you for compensation.

4. Ownership

   1. ParticiPoll is the owner of all intellectual property rights in the services, PowerPoint add-in and our website.
   2. Your subscription for paid-for Subscription Services will only commence once we have received full payment of all sums due for such Subscription Services.
   3. You grant us the right to use your company name and logo in public web sites for the purposes of delivering our polling services and also for promotional purposes unless you request otherwise.

5. Subscription Charges and payment

   1. The price of any paid-for services will be as quoted on our site from time to time , except in cases of obvious error. These prices include European Union VAT.
   2. Prices are liable to change at any time, but changes will not affect applications for subscription where we have already sent you a Subscription Confirmation.
   3. We will verify prices (whether free of charge or paid for Subscription Services) as part of our Subscription Confirmation.
   4. Payment for all Subscription Services must be by payment methods offered on the website or by other means by mutual prior agreement between you and us.

6. Our refunds policy for paid-for subscription services

   1. If you have cancelled the Contract between us within the seven-day cooling-off period (see clause 3), we will process the refund due to you if you have paid for the relevant Subscription Services as soon as possible and, in any case, within 30 days of the day on which you give us notice of your cancellation. No refunds are due in any other circumstances.
   2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

7. Our liability

   1. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the charges you have paid (if any) for the Services.
   2. This does not include or limit in any way our liability:
      1. For death or personal injury caused by our negligence;
      2. For fraud or fraudulent misrepresentation; or
      3. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
   3. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the Contract between us, including but not limited to:
      1. loss of income or revenue
      2. loss of business
      3. loss of profits or contracts
      4. loss of anticipated savings
      5. loss of data, including (but not limited to) an ParticiPoll data
      6. loss of data, or
      7. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
   4. We will not be liable for any failure to provide the services due to failings of your computer hardware or Internet connection.
   5. Whilst we use our best endeavours to ensure that the services are available 24 hours a day, seven days a week, we will not be liable if for any reason the services are temporarily unavailable at any time.

8. Overseas subscribers

   1. If you order services from our site for use outside the UK, please also note that you must comply with all applicable laws and regulations of the country in which the services are used. We will not be liable for any breach by you of any such laws.

9. Written communications

   Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

10. Notices

    All notices given by you to us must be given to ParticiPoll Limited at info@participoll.com or to our registered office at LCB Depot, 31 Rutland Street, Leicester, LE1 1RE. We may give notice to you at either the e-mail or postal address you provide to us when making your application for services. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

11. Transfer of rights and obligations

    1. The Contract between you and us is binding on you and us and on our respective successors and assigns.
    2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. For the avoidance of doubt, you are not permitted to sell on or transfer the benefit of your services to third parties.
    3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

12. Events outside our control

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
       1. Strikes, lock-outs or other industrial action.
       2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
       3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
       4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
       5. Impossibility of the use of public or private telecommunications networks, computer virus or other hostile computer attack.
       6. The acts, decrees, legislation, regulations or restrictions of any government.
    3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

13. Waiver

    1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

14. Severability

    If any of these terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

15. Entire agreement

    1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

16. Our right to vary these terms and conditions

    1. We have the right to revise and amend these terms and conditions from time to time.
    2. You will be subject to the terms and conditions in force when you apply for our services, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (or if we notify you of the change to those policies or these terms and conditions before we send you the Subscription Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Subscription Confirmation).

17. Law and jurisdiction

    Contracts for the use of services through our site 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) will be governed by and construed in accordance with English law, which shall have exclusive jurisdiction, although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.