Last updated: 1 June 2020
This is a contract between You, our Customer and Us, for the delivery of our services. In order to access the Services offered by PORT, you must accept these Terms of Service.
The owner of PORT and related Services is Port Tech Ltd. Contact: firstname.lastname@example.org
PORT is a cloud-based personal data compliance platform that enables businesses and organisations to better manage the process of compliance with prevailing personal data legislation like the General Data Protection Regulation and the Data Protection Act 2018. PORT provides a guidance service and offers data protection insurance as an option.
PORT is designed for use by businesses in England, Scotland and Wales only. By using the Service, you agree that all information you provide is true and correct to the best of your knowledge and that you have taken all reasonable steps to ascertain the truth. You also agree to notify Us if there is any change in your circumstances. You accept that the data protection insurance that optionally comes with the PORT service may be affected if the information you provide proves to be false or inaccurate, or where material facts have not been disclosed. You accept and agree that PORT provides guidance only and that you retain full responsibility for ensuring your business complies with all applicable laws and regulations. PORT will not be liable in the event of an investigation, a fine imposed, or action taken by the ICO and you are aware that the insurance does not cover the payment of a fine.
Customers are responsible for their own Personal Information and that of data subjects that they manage and share through PORT, that they upload and make available on or through PORT, or that they transfer by any other means. Customers confirm that they have all the necessary consents from data subjects whose data and/or content they share with PORT and hereby indemnify PORT for any liability or claim arising against PORT in connection with illegal distribution of third-party content or unlawful use of the Service.
PORT does not moderate the Personal Information or content provided by Customers or by third parties but will act if complaints are received from Customers or Data Subjects or if orders are issued by the public authorities regarding content deemed offensive or illegal.
Customers grant PORT the rights necessary to operate and maintain PORT and to make available any Personal Information provided by a Customer to the data subjects to whom it relates.
PORT may offer a free trial period of variable duration, during this time the Customer will be able to experience, free of charge some of the paid features offered by PORT. Details of the trial terms are provided as part of the process of starting a subscription or using the Service. Once the trial is over, a Customer may continue accessing our Service by entering their payment information and confirming their wish to continue accessing the PORT services.
PORT is an appointed representative of Insync Insurance Solutions Ltd, a company registered in England number 08810662 and having its registered office at Midland House, 2 Poole Road, Bournemouth, Dorset BH2 5QY. Insync Insurance Solutions Ltd is authorised and regulated by the Financial Conduct Authority.
We hold the right to automatically renew your cover and take further payment once your current policy has lapsed. We will always notify you before a new policy starts. This does not affect your right to cancel in line with Our cancellation policy.
PORT provides a Service that may be provided for a fee to businesses or organisations. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. PORT may add new services for additional fees and charges, or amend fees and charges for existing services, at any time at its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement. Billing is carried out monthly.
You may cancel your PORT account at any time; however, there are no refunds for cancellation. In the event that PORT suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any PORT property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
You will keep billing information and credit/debit card and Direct Debit information (where applicable) up to date and accurate. You can make changes on the billing page within your PORT account. All payment obligations are non-cancelable and all fees are due and payable in advance throughout the Subscription Term. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Payments start from the date when Customers choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.
Recurring subscriptions are renewed automatically through the payment method that the Customer chose at the time of purchase. The renewed subscription will last for the same period of time as the original service period. Customers may cancel automatic renewal at any time by changing their preferences for the payment method used or cancelling their account. If the Customer cancels an automatic renewal, then PORT may be forced to cancel their subscription when it runs out.
The Service is provided "as is" The Service is provided by PORT “as is”, with no express or implied warranty for accuracy or availability.
Customers are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of PORT and of its Service without PORT’s express permission, granted either directly or through a proper reselling program.
The Customer agrees to indemnify and hold PORT and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the Customer’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
The Service shall be used only in accordance with these Terms.
Customers may not:
reverse engineer, decompile, disassemble, modify or create derivative works based on PORT or any portion of it; circumvent any technology used by PORT or its licensors to protect content accessible via it; copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through PORT; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of PORT or its content; rent, lease or sublicense PORT; defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity); disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate; use PORT in any other improper way that violates these Terms. Deleting Customer accounts and account termination Registered Customers can cancel their accounts and stop using the Service at any time either through their PORT account or by directly contacting PORT. PORT reserves the right to suspend or terminate the Customer’s account at any time and without notice.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos that appear concerning PORT are and remain, the exclusive property of PORT and are protected by the laws in force on trademarks and by related international treaties.
Customers declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use PORT.
The Customer expressly releases and exempts PORT from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
PORT shall take any appropriate security measures to prevent unauthorised access or disclosure of the Personal Information imported into the application. PORT shall not be liable for any unauthorised access or disclosure of Personal Information or data caused by any event beyond PORT’s reasonable control or which could not have been foreseen or prevented by PORT.
The service offered by PORT is designed to help Customers manage personal data compliance within their organisation and as such facilitate conformity with privacy regulation. However, the PORT Service does not constitute legal advice in any way and PORT cannot take responsibility for breaches of privacy regulation by its Customers.
PORT’s total liability to you or any third party arising out of these terms or in connection with any use of PORT, shall in no event exceed the subscription fees paid by you during the twelve months prior to the first event or occurrence giving rise to such liability.
PORT reserves the right to modify these Terms at any time, informing Customers by publishing a notice within PORT or by emailing them or both. Customers who continue to use PORT after the publication of the changes accept the new Terms in their entirety.
PORT reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the Customer’s rights under the Terms are not affected. Customers may not assign or transfer their rights or obligations under these Terms in any way without the written permission of PORT.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the laws of England and Wales. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
Service - The service provided by PORT as described in these Terms and in PORT.
Customer - Any business or organisational user of the Service, signed up to a business account.
Data Subject - Any identified or identifiable natural person.
Personal Information - Personal Information means any information relating to a Data Subject.
PORT/Us/We/Our - is Port Tech Limited a company registered in England number 9882073 and having its registered office at 168 Church Road, Brighton & Hove, BN3 2DL. Port Tech Limited is an Appointed Representative (AR) of Insync Insurance Solutions Ltd, a company registered in England number 08810662 and having its registered office at Midland House, 2 Poole Road, Bournemouth, Dorset BH2 5QY. Insync Insurance Solutions Ltd is authorised and regulated by the Financial Conduct Authority. Port Tech Limited's VAT number is 275 3936 69.
Terms and Conditions (or Terms) - These Terms and Conditions, which constitute a legally binding agreement between the Customer and PORT.
Individuals - A Data Subject that is a user of the PORT Service, signed up to a PORT personal account.