General Terms & Conditions of use

 

1. GENERAL

City of York Council (the "Subscriber") offers you access to a communications service that lets you communicate and share information over the internet.  DOQEX Limited ("Doqex") delivers the communication service ("Service") to the Subscriber. These Terms of Use (the “Agreement”) form a legal binding agreement between you the user (”You”), the Subscriber and Doqex.  References to “we,” “our” and “us” refer to Doqex, while “you”, “your” and “user” refer to the user. BY USING THE SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. 

 

2. SERVICE ACCOUNTS

To use the Service you need to have an account on the Service.  Individuals, businesses or organisations may have an account created by the Subscriber in accordance with the terms agreed between Doqex and the Subscriber.  Your Service account may be created by the Subscriber directly or automatically as a result of Subscriber settings or actions within the Service.  The Subscriber has control over management of Service Accounts and as a User, you acknowledge and agree that, the Subscriber has control over your Service account.   Doqex is not responsible for, and will not have any liability to you for, any actions taken by the Subscriber with respect to your Service account.

 

3. LICENCE TO USE THE SERVICE

When a Service Subscriber creates you an account in compliance with our instructions, we provide you limited rights to use the Service. You shall only use the Service within the purpose and with the limitations and instructions provided by us to the Service Subscriber. We grant you a non-exclusive and non-transferable licence, which shall not be further licenced by the you, to install and execute the Service only for the purpose of using the Service. The Service and its structure, organisation, source code and documentation contain trade secrets of Doqex. Doqex is the sole owner of the Service and the software utilised to provide the Service and all the related documentation. The Service allows the User to share, send and exchange digital content with other people. By using the Service you acknowledge that Doqex has no knowledge of or control over any digital content sent through or used with the Service and Doqex can therefore not be held responsible or liable in any way neither for the use, content or storage of the said digital content. You may not make commercial use of the Service, including but not limited to selling or distributing the Software or Service to any third party.

4. SUSPENSION AND TERMINATION

Access to the Service and your licence to use the Service may be suspended or terminated by us without notice or remedy at any time. 

 

5. CONTACT INFORMATION

The User shall notify Doqex about changes such as email address, mobile phone number and other matters of importance to delivery of the Service immediately by changing the account settings under the My Account page. The User is solely responsible for any consequences that may occur from failure to update User information or by providing incorrect information.

6. COLLECTION OF USAGE INFORMATION

We may collect information about system usage with the intention of improving the service. This includes statistics and performance metrics related to the software. This information is sent to Doqex and may be used by Doqex without restrictions.

7. TERMS FOR SERVICE ACCOUNTS

 

Doqex is not responsible for, and will not have any liability to you for, any actions taken by the Subscriber with respect to any data within or transferred via the Service.  The Subscriber has access to audit information for within the Service. Such information can contain data about filenames, sizes, IP addresses, dates, times, email addresses, names of other Users, browser agent strings, shares, file uploads, file/share deletion, file requests and message metadata. The contents of files or messages are not shown within Audit Information.  Audit Information will be retained by Doqex.

8. REQUIREMENTS TO USE THE SERVICE

To use the Service, the User requires a compatible computer or mobile device with Internet access and a compatible web browser. You understand and agree that the Service may include certain communications from Doqex, such as service announcements and administrative messages, and that these communications are considered part of the Service and you are not able to opt out of receiving them. Doqex may also send you promotional offers and news about Doqex, but you can opt out from receiving those communications at any time. The User is responsible for keeping their passphrase and/or PIN secure. The User is solely responsible and liable for any activity that occurs under his/her username. The User’s username and passphrase and/or PIN is personal and may not be shared with any third party. If Users become aware of any misuse of their account, they must notify Doqex and the Subscriber immediately. Doqex is free to amend the User Terms at its discretion. The amended terms will be valid and in force when notification of the new terms is sent to the User and updated on the Terms and Conditions page.

9. PASSPHRASE OR AUTHENTICATION TOKEN LOSS

Doqex does not hold the original user passphrase on its servers. Due to this, in the event a user forgets or loses access to their passphrase, they must initiate a password reset.

10. ACCEPTABLE USE AND CONDUCT

You may not sell or trade your account or any Service feature. The User shall not share their passphrase with any third party and must store this in a safe manner. Doqex assumes no responsibility for the content that Users access or publish via the Service. Doqex reserves the right to block access and use of the Service and / or Terminate the User account and content if the User in our sole discretion violates this agreement.

11. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

UNDER NO CIRCUMSTANCES SHALL DOQEX OR ITS SUPPLIERS, RESELLERS OR PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE SERVICES EVEN IF DOQEX OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF PANOPLIA, AND ITS SUPPLIERS, RESELLERS AND PARTNERS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO DOQEX OVER THE LAST SIX (6) MONTHS FOR THE SOFTWARE OR SERVICE. IF THE SOFTWARE AND SERVICE ARE PROVIDED WITHOUT CHARGE, THEN DOQEX AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DOQEX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS. THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND SERVICE, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES.

 

12. CHANGES TO THE SERVICE AND TERMS AND CONDITIONS

Doqex reserves the right to modify the terms and conditions of the Agreement and the Service at any time. Doqex also reserves the right to cancel, modify, suspend or terminate the Service, fully or on in part. DOQEX will post all changes to the Terms of Use on this website. Changes will take effect 30 (thirty) days after notification.

13. MISCELLANEOUS

Doqex reserves the right to transfer this agreement to a third party. Doqex will provide the Subscriber notification of such change.

14. LEGAL JURISDICTION

This Agreement and all issues regarding shall be governed by English law. Unless in its sole discretion Doqex elects otherwise, any dispute relating to this website or legal notice shall be subject to the exclusive jurisdiction of the English courts.

15. CUSTOMER SERVICE

For questions about the Service, please contact the Subscriber.

16. CONTACT INFORMATION

City of York Council
West Offices
Station Rise
York
YO1 6GA

 

DOQEX® is the registered trademark of DOQEX Limited.

DOQEX Limited is a company registered in England and Wales under registration number: 08420913

This document was last updated on 3rd November, 2016

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