Cotswold XL is a subscription only service and you must have an active subscription to access any service. By subscribing to our service you accept the following terms and conditions. If you would like to receive a PDF copy by email please email support@CotswoldXL.co.uk

 

Contents

Parts of this Agreement  2

Acceptance of the Terms  2

Description of Service  2

Subscription to Beta Service 2

Modification of Terms of Service  3

User Sign up  Obligations  3

Organisation Accounts and Administrators  3

Personal Information and Privacy  4

Communications from Cotswold XL  4

Complaints  4

Subscription Fees and Payments  4

Restrictions on Use  5

Spamming and Illegal Activities  5

Data Ownership  6

User Generated Content  6

Trademark  6

Disclaimer of Warranties  6

Limitation of Liability  7

Indemnification  7

Suspension and Termination  7

END OF TERMS OF SERVICE  8



 

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND COTSWOLD XL (hereinafter “CXL”) GOVERNING YOUR USE OF COTSWOLD XL SERVICES BOTH ONLINE AND OFFLINE.

Parts of this Agreement   (Return to Contents)

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

Acceptance of the Terms  (Return to Contents)

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept our Terms when you acknowledge receipt of our ‘Initial Statement of Service Email’ or by actually using the Services.

Description of Service  (Return to Contents)

We provide an array of services for both online and offline collaboration and management together with creative services, consultancy and software ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organisation that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. 

Subscription to Beta Service  (Return to Contents)

We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Cotswold XL will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Modification of Terms of Service  (Return to Contents)

We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Cotswold XL notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.

User Sign up  Obligations  (Return to Contents)

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organisation and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organisation, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Cotswold XL has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Cotswold XL may terminate your user account and refuse current or future use of any or all of the Services.

Organisation Accounts and Administrators  (Return to Contents)

When you sign up for an account for your organisation you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organisation account. If your organisation account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organisation. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organisation account.

You are responsible for i) ensuring confidentiality of your organisation account password, ii) appointing competent individuals as administrators for managing your organisation account, and iii) ensuring that all activities that occur in connection with your organisation account comply with this Agreement. You understand that Cotswold XL is not responsible for account administration and internal management of the Services for you.

Personal Information and Privacy  (Return to Contents)

Personal information you provide to Cotswold XL is governed by Cotswold XL Privacy Policy. By using the Service you indicate your acceptance of the terms contained therein. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorised use of your user account by email to support@cotswoldXL or by calling us on any of the numbers listed on https://www.facebook.com/cotswoldxl  We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorised access and/or use of your user account, or otherwise.

Communications from Cotswold XL  (Return to Contents)

The Service may include certain communications from “CXL” such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Complaints  (Return to Contents)

If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy “CXL” in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Cotswold XL to the complainant.

Subscription Fees and Payments  (Return to Contents)

The Services are available under subscription plans of various durations. Payments for subscription plans can only be made by Direct Debit under the normal Direct Debit Guarantee.  Specifically we do not accept cheques, credit cards or direct payments. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date Please click here to know about our Refund Policy.

 

From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan. Any service added during the course of your plan will be invoiced directly and taken by Direct Debit at the next subscription date.

Restrictions on Use  (Return to Contents)

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Cotswold XL; (vii) violate any applicable local, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.

Spamming and Illegal Activities  (Return to Contents)

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Data Ownership  (Return to Contents)

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Where content is created by our creative services directly for your use you are authorised to use that data as if it were yours.

User Generated Content  (Return to Contents)

You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorisation or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Cotswold XL will have the right to block access to or remove such content made available by you if Cotswold XL receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Cotswold XL for this purpose.

Trademark  (Return to Contents)

Cotswold XL, Cotswold Select, and the names of individual Services and their logos are trademarks of Cotswold XL. You agree not to display or use, in any manner,  without Cotswold XL’s prior permission.

Disclaimer of Warranties  (Return to Contents)

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. COTSWOLD XL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COTSWOLD XL MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM COTSWOLD XL, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability  (Return to Contents)

YOU AGREE THAT COTSWOLD XL SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF COTSWOLD XL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL COTSWOLD XL’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Indemnification  (Return to Contents)

You agree to indemnify and hold harmless COTSWOLD XL, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including legal fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorised by COTSWOLD XL.

Suspension and Termination  (Return to Contents)

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to support@Cotswold XLcorp.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.

In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Cotswold XL breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

END OF TERMS OF SERVICE  (Return to Contents)

If you have any questions or concerns regarding this Agreement, please contact us at  support@Cotswold XLcorp.com.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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