Terms of Service
These Terms of Service (the “Terms”) govern your (“you”, “your”) access to and use of the website and services (collectively, the “Services”) offered by ALCHEMY FACILITIES SERVICES LIMITED (“we”, “us” or “our”).
BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS AND USE THE SERVICES.
1. SERVICES & FEES. Subject to the terms and conditions herein, and the payment of any applicable fees (the “Fees”) for Services set out in our website, and any other applicable terms for Services set out in our website, we provide you with access and use of our website and such applicable Services. Unless otherwise set out in our website: (a) the Fees will be paid in advance of the Services being provided, and we will have no obligation to provide the Services prior to receiving the Fees in full; and (b) the Fees are non-refundable. Any change in the Services requested by you may incur additional fees.
2. MARKETING COMMUNICATIONS. You hereby consent to receive marketing communications from us via email, or any other form of communication, from time to time. You may opt-out at any time from such communications by emailing us. However, opting out of certain communications may affect your ability to use the Services. You hereby consent to our retaining and storing any personal information provided by you through your access and use of the Services, such as name, address, telephone number and purchasing information, for the purpose of: (a) providing the Services; (b) conducting internal reviews and improvements relating to the Services; and
(c) keeping a record for legal purposes.
3. INTELLECTUAL PROPERTY. Except as expressly provided herein, these Terms do not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, you own all intellectual property rights in the content and data you submit (collectively, the “Customer Data”) to the Services, and we own all intellectual property rights in the Services, and all related components and information therein. You grant us a limited, non-exclusive, worldwide, royalty-free license to use the Customer Data for the purpose of providing you the Services. We will retain and will own a copy of any non-personally identifiable or aggregated information and/or data generated and/or collected by us in your use of the Services.
4. DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INTERRUPTION, SUITABILITY, UPTIME, QUALITY, ACCURACY, SITE SPEEDS, TRAFFIC RESULTS, DELIVERY RESULTS OR FITNESS FOR A PARTICULAR PURPOSE. FOR CERTAINTY, WE MAKE NO WARRANTY OR GUARANTEE WITH RESPECT TO THE RESULTS OF YOUR USING THE SERVICES. NOTHING IN THESE TERMS WILL RESTRICT OUR RIGHT TO UPDATE, IMPROVE, TERMINATE, SUSPEND, OR OTHERWISE CHANGE ANY PART OR WHOLE OF THE SERVICES IN OUR SOLE DISCRETION WITHOUT NOTICE. FURTHERMORE, AND WITHOUT LIMITING THE FOREGOING, WE HEREBY DISCLAIM ANY AND ALL LIABILITY RELATING TO THE ACCESS AND USE OF ANY THIRD-PARTY PRODUCTS, SERVICES, LINKS AND/OR APPLICATIONS ACCESSIBLE THROUGH OUR SERVICES.
5. RELEASE & INDEMNIFICATION. YOU HEREBY RELEASE AND FOREVER DISCHARGE US, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS AND ASSIGNS (THE “RELEASED PARTIES”) OF AND FROM ANY AND ALL ACTIONS, LIABILITIES, DAMAGES, LOSSES, CLAIMS, AND DEMANDS (THE “CLAIMS”) OF ANY KIND WHATSOEVER AND HOWSOEVER ARISING, WHICH YOU CAN, WILL OR MAY HAVE IN CONNECTION WITH OR ARISING FROM THE SERVICES. YOU HEREBY AGREE TO DEFEND, INDEMNIFY, SAVE AND HOLD THE RELEASED PARTIES HARMLESS AGAINST AND FROM ANY AND ALL THIRD-PARTY CLAIMS INCURRED OR SUFFERED BY THE RELEASED PARTIES AS A RESULT OF THE CUSTOMER DATA YOU PROVIDE US.
THE TERMS AND CONDITIONS PROVIDED HEREIN WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW AND FORM AN ESSENTIAL CONDITION FOR OUR PROVIDING THE SERVICES.
(a) What? Personal Information that we may collect includes, but is not limited to: (i) your full name, address, email and phone number; (ii) payment information; and (iii) usage information pertaining to your use of the Services.
(b) Why? We may collect your Personal Information for the following purposes (the “Purposes”): (i) to provide the Services; (ii) to conduct internal reviews and improvements relating to the Services; (iii) to keep a record for legal purposes; and (iv) to carry out any other purpose which is disclosed to you and for which you consent, or is otherwise permitted by applicable law.
(c) How? We may collect Personal Information from you, and any devices you use, through: (i) your access and use of the Services;
2. DISCLOSURE. Here we describe when and how we may disclose Personal Information.
(a) Why? We may disclose Personal Information as follows: (i) to third-party service providers in order to help us fulfill the Purposes (e.g., payment processors, web analytics services); (ii) to affiliates or third parties in the event of a proposed reorganization, merger, transfer or other disposition of all or any portion of our business, assets or equity, subject in each case to customary confidentiality agreements; and (iii) to the extent disclosure is required or permitted by applicable law.
3. CONSENT. We will not process your Personal Information without your consent, unless we are permitted or required to do so by applicable law. Your consent may be express or implied, depending on the nature and sensitivity of the Personal Information, your reasonable expectations, and the circumstances surrounding the collection of the Personal Information. Express consent is when you willingly agree (e.g., orally or in writing) to the processing of your Personal Information for particular purposes. Implied consent is when:
(a) you do not expressly give consent, but you volunteer Personal Information for obvious purposes that a reasonable person would consider appropriate in the circumstances; or (b) you are given notice and a reasonable opportunity to opt-out of your Personal Information being processed for specified purposes, and you do not opt-out.
4. RETENTION. We will retain your Personal Information as long as necessary to: (a) fulfill the Purposes; (b) protect our legal rights; and
(c) comply with applicable law. We will securely delete or anonymize the Personal Information once it is no longer necessary for us to hold it. We are not responsible for any liability or loss you experience as a result of any such disposal of Personal Information.
5. SECURITY. We utilize commercially reasonable security procedures and practices appropriate to the nature of the Personal Information we collect, use, and store. We do this to minimize the risks of loss, misuse, unauthorized access, disclosure, and alteration of Personal Information. However, no method of storage or transmission over the Internet is 100% secure. Therefore, we cannot guarantee its absolute security.
6. RIGHTS. You have certain rights relating to your Personal Information, subject to applicable law, including without limitation: (a) the right to withdraw your consent to the processing of your Personal Information at any time (but please note that withdrawing your consent to the processing of Personal Information may impact your ability to use the Services); (b) the right to make a complaint regarding the processing of your Personal Information; (c) the right to a copy of your Personal Information; and (d) the right to correction of your Personal Information. If you would like to exercise any applicable rights, please contact us as set out below.