Terms and Conditions
Date of Last Revision: April 15, 2021
The Website is owned and operated by The Overnight Insights Group Ltd, a company incorporated and functioning under the laws of United Kingdom, bearing registration number 11325564, and having its principal office at Office 120, Castlemead, Lower Castle St., Bristol, England, BS1 3AG (hereinafter referred to as ‘Company’ or ‘Scribeless’).
The Company reserves the right to change or modify these Terms at any time and in its sole discretion. If the Company makes changes to these Terms, the Company may notify the Users by providing the Users with notice of such changes and continued use of the Website by the Users shall deem to be their acceptance of the revised Terms.
- About the Company and Services
- Scribeless provides an automation tool which enable Users to create, send and automate pseudo-handwritten letters (‘Service’).
- Accessing the Website and Services
- The User may be required to establish an account with the Company on the Website to access and use the Website and any or each of the Services. The User hereby acknowledges that their account is personal to them and they are expected to treat their account as confidential.
- The User agrees to provide accurate, current and complete information about themselves as prompted by the Website and the registration form, if any. By establishing an account with the Company, the User represent that they are at least 18 (eighteen) years of age, or the legal age of majority where the User resides if that jurisdiction has an older age of majority, and that they have the legal authority to enter into this agreement.
- Company is dedicated to ensuring the accessibility, integrity and security of personal, and financial information (collectively referred to as ‘User Data’). The User shall be responsible for ensuring that all persons to whom access has been granted to the Website or any of the Services, including the User’s account, are aware of these Terms, and have had the opportunity to review, accept and comply with the Terms.
- When the User select the User’s password, and or any other piece of information as part of Company’s security procedures, the User are expected to treat such information as confidential. The User agree to accept responsibility for all activities that occur under the User’s e-mail and password. The User agree to notify us immediately of any unauthorized access to, use or disclosure of the User’s e-mail, password, or any other security violation or breach.
- The Company reserves the right to withdraw or amend the Website or content of any of its Service, in our sole discretion without notice. The Company shall not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
- Usage of the Website, Service and proprietary materials
- The Company grants the User a personal, limited, non-exclusive license to use the Website and such Services, upon payment of all relevant fees as and when due. To the fullest extent permitted by applicable law, this license granted to use is non-transferable. The User may not copy (except as expressly permitted by this license and any other applicable terms, conditions, or usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website or the content therein.
- The User hereby agree to register to become a member of the Website and subscribe to any of the Services only if the User is of sufficient legal age and can enter into binding contracts. The User are responsible for maintaining the secrecy of the User’s passwords, login name/user-id and account information at all times and the User shall be personally responsible for all any and all use of the Website by the User and anyone using the User’s login information and password whether with or without the User’s permission.
- Use of Service
- The Company permits the User to avail its Services and create, send and automate pseudo-handwritten letters on as needed basis.
- The Company permits the User to subscribe to its Service (‘Membership Plan’) by payment of a pre-decided subscription fee. Each such Membership Plan includes a certain number of ‘Notes’, which reserve capacity of notes which may be sent, used or printed, as the case may be, by a User in each Billing Cycle. Notes that the Company does not use within a particular Billing Cycle will be rolled over to the next month (‘Roll Over Notes’). Such Roll Over Notes shall expire on the first anniversary of the start of the relevant Billing Cycle
‘Billing Cycle’ shall mean each period of 30 (thirty) days starting from the date the User Scribeless receives the first Subscription Fee from the User.
- The User may renew its Membership Plan during a Billing Cycle if the remaining quantities of ‘Notes’ are insufficient. If the Membership Plan is renewed during a Billing Cycle, the ‘Billing Cycle’ shall be deemed to mean each period of 30 (thirty) beginning from the date of such early renewal.
- Automatic Membership Renewal. Scribeless automatically renews the membership for a Billing Cycle, and the Company irrevocably authorize and where possible, instructs Scribeless to make the required monthly payments to Scribeless on Company’s behalf. This authorization will remain in full force and effect until the Membership Plan is cancelled by either Party. Any such cancellation shall come into effect on the last day of the ongoing Billing Cycle.
- Fees and Refund
- Payment and Fees. The User is responsible for paying all fees, that is owed to Company through the available means of payment. The Company may charge one-time fee or recurring fee for each of its Services as may be advertised on the Website or as is communicated to the User by the Company, which may or may not be inclusive of expenses incurred by the Company in provision of the Service including procurement of stamps for shipment of ‘notes’.
- Such payments and fees shall become due and payable on such dates as may be advertised on the Website or as is communicated to the User by the Company in writing. The Company reserves the right to suspend provision of Services if the payments are not made by the User and received by the Company in a timely manner.
- Unless a refund is required under applicable law or other relevant consumer protection laws, the Company does not offer any refund on fees paid for Services. The Company reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the Company’s Website and will be effective immediately.
- The User shall be responsible for payment of all fees/costs/charges associated with availing our Services from us and you agree to bear any and all applicable taxes including but not limited to service tax, and duties etc.
- Trademarks and Copyright
- The trademarks, logos and service marks (‘Marks’) displayed on the Website are the property of Company and other associated parties and service providers. Users are prohibited from using any Marks for any purpose without the written permission of Company or such third party which may own the Marks.
- All information and content including any software programs available on or through the Website or any or each of the Services (‘Content’) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for commercial or public purposes.
The User further acknowledges that the Services may contain information which is designated confidential by Company and that the User shall accordingly not disclose any information marked as such without Company’s prior written consent.
- The Company respects the intellectual property rights of others and expects the Users of the Application to do the same. If the User believe that any content appearing in the Application has been copied in a way that constitutes copyright infringement, please forward the following information to the Company. To file a copyright infringement notice, the User will need to send a written communication that includes the following to the address listed below:
- The User’s name, address, telephone number, and email address,
- A description of the copyrighted work that the User claim has been infringed,
- The exact URL or a description of where the alleged infringing material is located,
- A statement by the User that the User have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law,
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by the User, under penalty of perjury, that the above information in the User’s notice is accurate and that the User are the copyright owner or authorized to act on the copyright owner's behalf.
- Submitted Content
- Company does not claim ownership of any materials the User make available through the Website or in furtherance of any Service. At Company's sole discretion, such materials may be included within the Website or associated Service in whole or in part or in a modified form. With respect to such materials the User submit or make available for inclusion on the Website, the User grant Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that the User submit in connection with such submitted content).
- The User hereby represent, warrant and covenant that any materials the User provide do not include anything (including, but not limited to, text, images, music or video) to which the User do not have the full right to grant the license. We take no responsibility and assume no liability for any submitted content posted or submitted by the User. We have no obligation to post the User’s comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If the User does not agree to these terms and conditions, please do not provide us with any submitted content.
- The User agrees that the User shall be fully responsible for the content the User submits. The User are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. The User shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from the User’s posting of content to this Site.
- Restricted Use
- The User agree not to use the Services or Website in any unlawful, infringing, tortuous or harmful manner; in any way that violates another party's intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
- Without limiting any of the foregoing, the User agree that the User shall not (and the User agree not to allow any third party to):
- use the Website or any of the Services for any purpose that is unlawful, illegal or forbidden by law or to promote or advocate any illegal activity including but not limited to copyright infringement or computer misuse.
- to remove any copyright and other proprietary notices contained in any content on the Website.
- to conduct any activity that is harmful or detrimental to the Website as solely determined by Company.
- to post any information or content that is obscene, sexually explicit, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
- to falsely represent the itself as another person or as a representative of a business or entity that the User do not actually represent or give the impression that posts come from a healthcare professional, if that is not the case;
- to change the content in any capacity or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose.
- to transfer the content to any other person unless the User give such person notice of, and such person agrees to accept, the obligations arising under these Terms.
- to use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site.
- to engage in denial-of-service attacks upon the servers that publish this Website.
- to breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Suspension of access to Website/ and Services
- Company will determine, at its discretion, whether there has been a breach of the Terms & Conditions through the User’s use of the Website. In our view, when a breach of these terms has taken place, then we may take such action as we deem appropriate, which may include any or all of the following actions:
- Temporary suspension or permanent withdrawal of the User’s right to use the Website.
- Temporary or permanent removal of any posting or material uploaded by the User to our Website.
- Issuing a warning to the User.
- Legal proceedings against the User for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against the User.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are examples, and we may take such other actions as we may reasonably deem appropriate.
- Links to Third Parties
- As a matter of convenience to the User, Company may provide links to various third party Websites on the Website. If the User use any of these external Websites, the User may be directed/redirected to such external Website and may leave the Website.
- If the User decides to visit any such external link, the User agrees to do so at the User’s own risk, responsibility and liability. Company makes no warranty or representation regarding, and does not endorse, any Website linked to the Website or the information appearing thereon or any of the products or services described thereon. Company does not endorse or represent any service provider listed on the Website. Please carefully review the terms of service and privacy policies of all such sites prior to usage.
- Warranty and Disclaimer
- The Website and Services are provided on an "AS IS" and "AS AVAILABLE" basis. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
- Company makes no warranty, and expressly disclaims any obligation, that: (a) the Website content will be up-to-date, complete, comprehensive, accurate or applicable to the User’s circumstances; (b) the Website or the Services will meet the User’s requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or Services offered through the Website will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by the User through the Website or Service will meet the User’s expectations.
- The Website content may contain inaccuracies and typographical errors. Company does not warrant the accuracy or completeness of any such content or the reliability of any advice, opinion, advertisement, statement, memorandum or other information displayed or distributed through the Website. The User acknowledges that any reliance on any such opinion, advice, statement, memorandum or information shall be at the User’s sole risk. Company does not endorse or represent any partner or service provider listed on this Website.
- Company makes no representation that the usage of this site, or the content provided herein, will not violate the laws of the User’s local jurisdiction. The User is responsible for the laws of the User’s jurisdiction. Do not use this Website if such usage violates the law of the jurisdiction in which the User resides.
- The User agree to assume all responsibility regarding whatever decision the User make about obtaining service and the User agree to hold us harmless from any claims arising from services the User receive from any service providers regardless of the User’s location when the User receive such a consultation.
- Limitation of Liability
- Company (including its officers, directors, employees, representatives, affiliates, partners and providers) will not be responsible or liable for (a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Website or Service), or (ii) any use of the Website or content, or (iii) the performance or non-performance by us or any partner or service provider, even if we have been advised of the possibility of damages to such parties or any other party, or (b) any damages to or viruses that may infect the user’s computer equipment or other property as the result of the user’s access to the Website or the user’s downloading of any content from the Website.
- Company cannot be made liable or responsible for any delay, default, failure, improper services / deficiency in service(s) provided by the Service provider and / or for any injury, sickness, accident, discomfort, death, loss or damage of any kind whatsoever which may arise due to any act of negligence, deficiency or default in service, of the management or employees of the Service provider.
- The User hereby agrees to defend, indemnify and hold harmless Company (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) the User’s use of, or conduct in connection with, our Services; (b) any feedback the User provide; (c) the User’s violation of these Terms; or (d) the User’s violation of any rights of any other person or entity. If the User are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
- Assignment. The User may not assign or otherwise transfer the User’s rights or obligations under these Terms. Company may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to the User. If we fail to act on the User’s breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.
- Entire Agreement. These Terms, together with those agreements and policies made a part of these Terms by reference, make up the entire agreement between Company and the User relating to the User’s use of the Website, and replace any prior understandings or agreements (whether oral or written) regarding the User’s use of the Website.
- Waiver. The failure of any party to enforce at any time any of the provisions of this agreement shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions.
- Governing Law and Disputes. The laws of Bristol, United Kingdom without regard to its conflict of laws will govern these Terms, as well as the User’s and our observance of them. If the User takes any legal action relating to the User’s use of the Website or these Terms, the User agree to file such action only in the Bristol, United Kingdom. In any such action or any action, we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees.
- Severability. If any clause, sentence, paragraph or part of this agreement, or the Website thereof to any person, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall be limited and confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy and remainder of this agreement will continue in full force or effect.
- Headings. Headings and titles in this agreement are for reference purposes only and do not constitute part of this agreement and are of no legal force and effect.