Terms and Conditions

The rules, regs, and thoroughly detailed legal stuff.

Introduction

Crisis Cover (www.crisiscover.co.uk) is a service designed to distribute digitally stored information to nominated clients, colleagues and other contacts. Our basic service is free, and we offer paid upgrades for additional features and storage capacity.

Terms of Service

The following terms and conditions govern all use of the Crisis Cover website and all content, services and products available at or through the website. The Website is owned and operated by Crisis Cover Limited referred to hereon in as “We” or “Us”. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on this Site by Us (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Us, acceptance is expressly limited to these terms.

Your Crisis Cover Account and Site

 If you create an account on the Website (which We hope you do), you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe your account or any part within in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and We may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Us liability. You must immediately notify Us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Content

 If you operate an account, store data or material in the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, video, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not libellous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by Us or otherwise.

If you delete Content, We will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, We have the right (though not the obligation) to, in Our sole discretion (i) refuse or remove any content that, in Our reasonable opinion, violates any of Our policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.

Fees and Payment

Optional premium paid services and upgrades are available on the Website. By selecting a premium service you agree to pay Us monthly subscription fees for that service (the payment terms are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly period as indicated. Premium service fees are not refundable or pro-rated.

Premium Services

  • Fees; Payment. By signing up for a premium paid account you agree to pay Us any setup fees and monthly hosting fees indicated at http://www.crisiscover.co.uk/pricing  in exchange for the services listed at http://www.crisiscover.co.uk/pricing. Applicable fees will be invoiced starting from the day your Premium Services are established and in advance of using such services. We reserve the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Premium Services can be cancelled by you at anytime on 30 days written notice to Us.
  • Support. Premium Services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Us to respond within one business day) concerning the use of the Premium Services. “Priority” means that support for Premium Services customers takes priority over support for users of the standard, free Crisis Cover services. All Premium Services support will be provided in accordance with Our standard Premium Services practices, procedures and policies.

Release of Information

We bear no responsibility for the distribution of Content (accidental, erroneous or otherwise) stored in the Crisis Cover service to the Contacts defined in an account. It is entirely your responsibility as account owner or editor to ensure all information stored in Crisis Cover accounts to which you have access is: error-free, accurate, up-to-date, entirely legal and relevant at all times.

We will begin the distribution of stored information when We are satisfied that we cannot make contact with the account owner using the contact details (phone, email, Twitter or any other detail provided or available to Us) they have supplied to us through Crisis Cover website. Once a period greater than that established in their account settings has elapsed that triggers an state we believe is an Emergency Situation, we will begin a manual investigation.

We will investigate the reason for the lack of communication or activity using the methods we have available. If we establish that the named account owner is dead, missing presumed dead or unable to continue to operate their account due to illness, or for any other reason we determine as reasonable, we will set about the formal release of information to the parties as set out in the user's account.

By entering any information into the Crisis Cover website, and thereby agreeing to these binding terms and conditions, we have the right to pass all specific information stored within your account to the parties named in the account without further qualification by any other process than Our own internal investigation.

We will only ever release and distribute specific stored information to the specifically named Contacts, and will release that information at a time of our choosing, once we have determined that the Release of Information is appropriate and can be made.

We hold no responsibility for the contents of the information or data we are instructed to distribute as part of this process, nor are we liable for the consequences this action, as we are unlikely to be unable to access the Information ourselves before and after the point of Release of Information.

Once the Release of Information has taken place we will not assign account access rights to any other party unless specifically explicitly instructed by the account owner before the Release of Information. We reserve the right following the Release of Information to irrevocably delete the account and it's contents without prejudice. We make no guarantee to the Contacts named as recipients in the Release of Information beyond reasonably attempting to contact them using the details stored in the Crisis Cover account to attempt to pass on the stored information.

Disclaimer of Status as a Legal or Insuring Authority

Crisis Cover Limited do not claim any authority as a form of official body or replacement for Insurance, a Will, Power of Attorney or other legal instrument designed to handle the transfer of ownership of estate or responsibility of affairs of an individual or organisation.

Delivery of Services

You will receive access to the Crisis Cover account administration area immediately after signing up for an account. Access to the paid features will be immediate upon confirmation of payment from our payment provider. You will be notified via email upon successful receipt of your payment.

Responsibility of Website Visitors

We have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, We do not represent or imply that We endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Crisis Cover links, and that link to Crisis Cover. We do not have any control over those non-Crisis Cover websites and webpages, and is not responsible for their contents or their use. By linking to a non-Crisis Cover website or webpage, We do not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of non- Crisis Cover websites and webpages.

Copyright Infringement and DMCA Policy

As We require others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Crisis Cover violates your copyright, you are encouraged to notify Us. We will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Us or others, We may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, We will have no obligation to provide a refund of any amounts previously paid to Us to any person in respect of any such termination.

Intellectual Property

This Agreement does not transfer from Us to you any of Our or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Crisis Cover Limited. Crisis Cover, the Crisis Cover logo, and all other trademarks, service marks, graphics and logos used in connection with Crisis Cover, or the Website are trademarks or registered trademarks of Crisis Cover Limited, The Site Doctor Limited, The Higgs Design Co. Limited, or Our licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of Our or third-party trademarks.

Changes

We reserve the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

 We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Crisis Cover account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Premium Services account, your account can be terminated by Us if you materially breach this Agreement and fail to remedy such breach within thirty (30) days from Our notice to you thereof; provided that, We can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

 The Website is provided “as is”. We and Our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither We nor Our suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

 In no event will We, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Us under this agreement during the twelve (12) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

 You represent and warrant that (i) your use of the Website will be in strict accordance with the Our Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Us, Our contractors, and Our licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Us and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Us, or by the posting by Us of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of England. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may only assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, the terms hereof in writing. We may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Derivation & Original Source

These Terms of Use and Privacy Policy are derived from the Wordpress Terms of Service under a Creative Commons Share-alike license. This text therefore is also shared under a Creative Commons Share-alike license, and we would direct you to the original if you would like to reuse the content you read here.