Terms of Use
MONEYPENNY PRODUCTION ACCOUNTING LLP
1. About our Terms and Conditions
1.1 These terms and conditions of use relate to the purchase order logging and management system together with any associated software applications or devices (the “System”). The System forms part of our wider production accounting services platform offered by us (the “Platform”). The System provides a simple way for entering timesheet and other accounting-related information into the Platform which assists us in providing production accounting services to our customers through the Platform.
1.2 By accessing or using the System you are agreeing to comply with and be bound by these terms and conditions of use and any documents referred to in them, including (without limitation) our Privacy Policy available at http://www.moneypenny-group.com/uk-privacy-policy/ (“Privacy Policy”). Such terms, conditions and documents set out the terms that govern Moneypenny’s relationship with you in relation to the System. If you do not agree with or accept any of these terms, you should stop using the System immediately.
1.3 The terms “Moneypenny” or “us” or “we” refer to Moneypenny Production Accounting Services Limited, the owner or licensor (as applicable) of the System and the Platform. We are a company registered in England and Wales under company number 06675978 whose registered office is at C/O Incorporate Online Ltd Suite 3, Second Floor, 760 Eastern Avenue, Newbury Park, United Kingdom, IG2 7HU. The term “you” refers to the [individual wishing to input timesheet information into the System].
2. Using the System and Restrictions on Use
2.1 We permit you to use the System only in accordance with the terms of use set out here (and any documents referred to here). Use of the System in any other way, including in contravention of any restriction on use set out in these terms and conditions, is not permitted. If you do not agree with the applicable terms you may not use the System.
2.2 The System has been prepared, and is intended for use, in accordance with the laws of England and Wales. If you access the System from locations outside of England and Wales you are responsible for compliance with local laws where they are applicable.
2.3 As a condition of your use of the System, you agree:
2.3.1 Not to use the System to carry out or promote any activity that is unlawful in any way under any applicable law; and
2.3.2 Not to use the System for any purpose that is prohibited by these terms and conditions.
2.4 In addition, your right to use the System does not permit you to attempt to decompile (as defined in section 50B of the Copyright, Designs and Patents Act 1988) the underlying software (or any part of it) that is used in or to provide the System, or to observe, study or test the functioning of the underlying software (or any part of it) that is used in or to provide the System, except and only to the extent that such restrictions are prohibited pursuant to section 50B of the Copyright, Designs and Patents Act 1988.
2.5 We may prevent or suspend your access to the System if you do not comply with any part of these terms and conditions, any terms or policies to which they refer, or any applicable law.
2.6 Your access to the System is subject to you or your organisation paying any applicable licence fees or other charges that are payable under any applicable access or licence agreement in force between us and your organisation from time to time. If such fees or other charges are not paid when they fall due then we may prevent or suspend your or your organisation’s access to the System.
3. Availability of the System
3.1 We reserve the right to update, suspend, withdraw, discontinue or change all or any part of the System at any time as we see fit and without notice. While we try to make sure that the System is up-to-date, available and free from bugs, we cannot promise that it will be. Further, we do not promise that the System will be available at all times nor do we promise the uninterrupted use by you of the System. If you have any difficulties using the System, please contact us.
3.2 We will not be liable to you if for any reason the System is unavailable at any time or for any period.
4. Account and password
4.1 In order to use the System, or certain parts of it, you may be required to create and manage an account in the System (an “Account”). Accounts may be created in the System by you choosing, or being provided with, a user identification code, password or other piece(s) of information as part of our security procedures (“Account Information”) to set up and manage your Account.
4.2 You agree that you are solely responsible for keeping your Account Information confidential. You must not disclose your Account Information to any third party. If you know or suspect that anyone other than you knows your Account Information you must promptly notify us.
4.3 We have the right to disable any Account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
5. Submission and security of information
5.1 You are solely responsible for the accuracy and reliability of any information submitted to or through the System by you, and you warrant that any information you submit to or through the System:
5.1.1 is clear and accurate in all material respects and is not misleading; and
5.1.2 is lawfully submitted and does not breach our terms and conditions or any applicable laws.
5.2 We will not be responsible, or liable to any third party, for the content or accuracy of any information submitted to or available through the System that is posted by you.
5.3 While we try to make sure that the System is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any information that you regard as confidential, commercially sensitive or valuable.
6. Submission, use and ownership of your data
6.1 You are solely responsible for, and shall have sole liability for, the accuracy and reliability of any data entered into or uploaded to the System by you (“your Data”). You warrant that any such entry or upload of your Data is accurate in all material respects, is lawful, and does not breach any provision of these terms and conditions.
6.2 We will not be responsible, or liable to any third party, for the content or accuracy of your Data.
6.3 You retain ownership of your Data and all rights therein. Nothing in these terms and conditions grants us, or transfers to us, any legal rights in your Data other than as necessary for us to process your Data in accordance with these terms and conditions (and any documents referred to in them, including our Privacy Policy) and/or any other contracts we have entered into from time to time regarding your use of the System. Subject to clause 6.4 below, we will only use your Data in accordance with such terms, conditions, documents and contracts.
6.4 We reserve the right to disclose your Data to law enforcement officials and/or HMRC in the investigation of fraud or other alleged unlawful activities.
7. Ownership and use of the System
7.1 References in these terms of use to “Intellectual Property Rights” means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, domain names, rights in computer software (including source code and object code) and all similar rights of whatever nature and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever in the world they exist.
7.2 The System, the Platform and all Intellectual Property Rights in them are owned by us, our licensors or both (as applicable). Such Intellectual Property Rights are protected by copyright laws and treaties around the world. We and our licensors reserve all of our and their rights in any such Intellectual Property Rights in connection with these terms of use. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
7.3 Nothing in these terms and conditions grants you any legal rights in the System other than as necessary to enable you to access and use the System, and any further or additional use is strictly prohibited unless you have our prior written permission.
7.4 If you copy, download or otherwise use any part of the System in breach of these terms of use, your right to use the System will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. Disclaimer and limitation of our liability
8.1 Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited.
8.2 Subject to clause 8.1, you acknowledge that we are only responsible for providing the System in accordance with these terms and conditions. Notwithstanding that the System may be used in relation to film and/or television production projects and/or other similar or related projects which may involve health & safety or related risks that could give rise to loss, damage or injury (“Risks”), you acknowledge and agree that we shall have no responsibility or liability to you or to any third party for any loss, damage or injury of any nature whatsoever, even if foreseeable, arising out of any such Risks, and that any such liability shall instead attach to the applicable third party that is in charge of the management of such production project, and/or to the applicable third party whose action or breach resulted in such loss, damage or injury, as applicable.
8.3 Subject to clauses 8.1 and 8.2, and to the extent permitted by law, we exclude all conditions, warranties and/or representations, whether express or implied, which may apply to the System, your use of the System, and/or any information contained or displayed within the System.
8.4 Subject to clauses 8.1 and 8.2, we will not be liable to any user of the System for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the System, or with reliance on any information contained or displayed within the System. In particular, we will not be liable for any business interruption, for any loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill or reputation, or for any indirect or consequential loss or damage whatsoever.
9. Viruses
We do not guarantee that the System will be secure or free from bugs or viruses. If you use your own device to access the System then you are responsible for configuring your device appropriately and you should use your own virus protection software. We will not be liable for any loss or damage caused by a virus or any other technologically harmful material that may infect you due to your use of the System.
10. Third party sites and systems
10.1 The System may contain hyperlinks or references to third party websites or systems other than the Platform or the System. We have no control over third party websites or systems and accept no legal responsibility for any content, material or information contained in them. Your use of third party sites or systems will be governed by the terms and conditions of that site or system. It is your responsibility to ensure you are happy with such third party terms and conditions.
10.2 The display of any hyperlink and/or reference to any third party website, system, product or service does not mean that we endorse that third party’s website, products or services and any reliance you place on such hyperlink, reference or advert is done at your own risk.
11. General legal terms
11.1 Events beyond our control – We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation: strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
11.2 Rights of third parties – Unless expressly agreed in writing by us, no one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.
11.3 Variation – These terms and conditions are dated 01st January 2018. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms of use from time to time. Our new terms will be displayed on the System and by continuing to use and access the System following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms of use from time to time to verify such variations.
11.4 Breach – We shall apply these terms of use in our absolute discretion. In the event of your breach of any of these terms we may terminate or suspend your use of the System, disclose information submitted by you to law enforcement authorities or take any other action we consider necessary to remedy the breach.
11.5 Applicable law – These terms and conditions, their subject matter and formation, are governed by the law of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
12. Contact
If you have any questions about these terms and conditions please contact us by sending an email to admin@moneypenny-group.com.