The Client’s right to use any Products is subject to Acceptance having taken place in relation to that Product and payment of any Fees which are due in relation to the use of that Product.
On Acceptance you indicate agreement to this EULA and the limited warranty and limitation of liability set out in this EULA on behalf of the Client (as this term is defined below). In this EULA, ‘you’ includes both the Reader and any Client.
The Products are only available to clients located in the United Kingdom. If you are not located in the United Kingdom, you should not Accept this EULA or use any Product. You should therefore read this EULA carefully before Accepting.
DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, unless the context otherwise requires, the definitions and rules of interpretation in this clause shall apply.
“Account Data” means any data or information which is provided to Crocodile to enable the administration of the Client’s account, such as contact and billing information; “Accept/Accepting/Acceptance” means (i) completion of any step undertaken using the functionality on the Website which indicates that the Client wishes to obtain the right to use a Product, such as placing a check in the box on our sign-up form confirming that acceptance of these terms; and/or clicking the ‘start using Crocodile’ box in relation to a Product; or (ii) the actual use of the Product;
“Agreement” or “EULA” means these terms of use which may be amended by Crocodile from time to time as described below;
“Applicable Law” means (for so long as and to the extent that they apply to Crocodile) the law of the European Union, the Data Protection Legislation and any other law that applies in the UK;
“Crocodile Technology” means all the technology used in delivering the Service (including the software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to the Client by Crocodile in providing the Service;
“Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
“Cancellation Period” means the period of 21 days starting on the applicable Effective Date;
“Card Details” means valid credit or debit card details provided by the Client for payment of the Fees;
“Client” means the corporate entity or organisation ordering the Service(s) as indicated during the sign-up process;
“Client Data” means any data, information or material provided or submitted by the Client, or the Users, using the Service or generated by the Service in the course of using the Service including but not limited to employee data held in the Service, but excluding Account Data;
“Content” means the documents, software, products and services contained or made available to the Client in the course of using the Service;
“Data Protection Legislation” means any applicable law relating to the processing of personal data and privacy in force from time to time in the UK including (where applicable) the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (and any regulation from time to time in the United Kingdom which implements Directive 2002/58/EC of the European Parliament) and the GDPR and any legislation or regulation implementing the GDPR from time to time in the United Kingdom;
“Defect” means an error in the operation of the Service that causes the Service to fail to operate substantially as documented;
“Effective Date” means the date that Acceptance takes place in relation to a Product and for the avoidance of doubt, each Product which the Client is entitled to use shall have its own Effective Date;
“Fee(s)” means any and all fees, charges or other payments due to be made from the Client to Crocodile as provided by the Pricing Plan in force at the time the Fees become payable;
“GDPR” means the European Union General Data Protection Regulation ((EU) 2016/679);
“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, publicity rights, know-how and other trade secret rights, database rights, semiconductor topography rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;
“Licence Administrator(s)” means those Users who are authorised to administer the Client’s use of the Service;
“Licence Term” means the period during which the Client is licensed to use a Product pursuant to this Agreement;
“Period” means the billing period selected by the Client per Product which shall be either (i) one calendar month; (ii) one year. Each such period shall begin on the day of the month (in the case of (i) above) or day of the year (in the case of (ii) above) on which the Client became liable to pay Fees in relation to the Product (as described in Clause 9). Such date shall be recorded in the administration pages of the Website;
“Personal Data” shall have the meaning set out in the GDPR;
“Product(s)” mean each online product or service developed, operated, and/or maintained by Crocodile (and its licensors, where applicable) that is available for use on the Website, such as the products known ‘Crocodile’ and any other online product that is made available by Crocodile from time to time;
“Pricing Plan” means the schedule of fees and billing terms currently in force which can be viewed at Crocodile may replace the Pricing Plan on 30 days’ prior written notice (including by email or though the administration pages in the Website) and for the avoidance of doubt such new Pricing Plan may increase the Fees payable and/or introduce new Fees;
“Reader” means the individual who purports to be authorised on behalf of the Client to enter into this Agreement or to add a Product to this Agreement;
“Service(s)” means the provision of (i) access to the Products via the Website; and (ii) any other products and services provided to the Client by Crocodile, to which Crocodile informs the Client are being granted under this Agreement;
“Trial Period” means a period of time which runs from the applicable Effective Date to enable the Client to use and evaluate a Product without the payment of Fees, the period of which is specified here or if no such period is specified in the hyperlink, a period of 14 days from the applicable Effective Date;
“User(s)” means the Client’s employees, representatives, consultants, contractors or agents who are authorised to use the Service and have been supplied user identifications and passwords by the Client (or by Crocodile at the Client’s request);
“Website” means brightbee.uk
“Year” means each consecutive 12 month period commencing on the date that this Agreement comes into effect and each anniversary thereof.
1.2 Clause headings shall not affect the interpretation of this Agreement.
1.3 A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.4 Unless the context otherwise requires: (i) words in the singular shall include the plural and in the plural shall include the singular; and (ii) a reference to one gender shall include a reference to the other genders.
1.5 Reference to an enactment or statutory provision shall include a reference to any subordinate legislation made under the relevant enactment or statutory provision and is a reference to that enactment, statutory provision or subordinate legislation as from time to time amended, consolidated, modified, re-enacted or replaced.
1.6 References to clauses are to the clauses of this Agreement.
1.7 The words “including”, “include”, “for example”, “in particular” and words of similar effect shall not limit the general effect of the words which precede them.
2. TRIAL PERIOD AND DURATION
1. If indicated on the Website, Crocodile may allow access to a Product for a Trial Period, during which time Fees shall not be charged in relation to that Product (although for the avoidance of doubt, Fees will be charged for any other Product not subject to the Trial Period).
2. Following the end of any Trial Period, Fees shall be due in relation to the applicable Product, and the Client must provide Crocodile with payment details in relation to such Fees as further described in clause 9.3, otherwise the Client’s right to use the applicable Product shall terminate as described in clause 12 “Termination Upon Expiration”.
3. If the Client has provided Card Details to Crocodile, or has been permitted to pay by direct debit, access to the applicable Product shall, subject to the other terms of this Agreement, continue to be provided for so long as the Fees are paid in accordance with this Agreement unless and until this Agreement is terminated or expires.