PLEASE READ THESE TERMS CAREFULLY BEFORE USING WHITE CRANE ACADEMY CASEHUB:
This licence agreement (Licence) is a legal agreement between you (Licensee or you) and WHITE CRANE ACADEMY LIMITED (WCA) of 11 Sinnels Field,, Shipton Under Wychwood, Oxfordshire, OX7 6EJ (Licensor, us or we) for
We license use of CaseHub and Contents to you on the basis of this Licence. We do not sell CaseHub or Contents to you. We remain the owners of CaseHub and Contents at all times.
In consideration of you agreeing to abide by the terms of this Licence, we grant to you a non-exclusive, non-transferable limited licence to:
Subject to the terms of this Licence WCA shall provide Licensee’s personnel authorised to use CaseHub and Contents on its behalf (“Authorised Users”) access to CaseHub and Contents via the provision of a password.
Except as expressly set out in this Licence or as permitted by any applicable law which is incapable of being excluded by agreement between the parties, you undertake
You must not:
A breach by you of any provision of this clause shall be ‘material’.
You shall indemnify us against all claims, liabilities, losses, costs, proceedings, damages, expenses, fines and penalties suffered or incurred by us (or any of our affiliated companies, partners, employees, officers, consultants, sub-contractors or other personnel) arising out of or in connection with any breach of your obligations under this licence.
You acknowledge that all intellectual property rights (including but not limited to copyright) in the CaseHub and Contents anywhere in the World belong to us (or our licensors) and that rights in CaseHub and Contents are licensed (not sold) to you. You have no intellectual property rights in, or to, CaseHub or Contents other than the right to use them in accordance with the terms of this Licence. All trademarks included within CaseHub and Contents are the property of WCA and or its affiliated companies and Licensor reserves all rights in respect thereof.
You acknowledge that you have no right to have access to CaseHub in source code form.
Nothing in this Licence shall limit or exclude our liability for:
We shall have no liability to you for any:
Other than the losses set out herein, our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £100.
You acknowledge that CaseHub has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of CaseHub is suitable.
We only supply CaseHub and Contents for internal use by your business, and you agree not to use CaseHub or Contents for any re-sale purposes.
CaseHub and Contents are provided “as is” and we make no representation, warranty or guarantee, whether express or implied, as to performance, fitness for purpose, accuracy, omissions, completeness or currentness or that your use of CaseHub will be uninterrupted, or error free or that CaseHub will be compatible with any device or operating system and we shall not be liable for any loss or damage cost or expenses whatsoever if you are unable to access or use CaseHub or Contents at any time, or for interruptions, delays or the inadvertent loss of data in connection with the use of CaseHub or Contents.
This Licence sets out the full extent of our obligations and liabilities in respect of the supply of CaseHub and Contents. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of CaseHub and Contents which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
We may terminate this Licence on giving 60 days written notice to you or immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
On termination for any reason:
We may change and/or update the terms of this Licence to reflect any changes to CaseHub or Contents, changes in the law or to deal with additional features which we introduce, at any time on giving notice to you in accordance with this Section 5.
Your continued use of CaseHub and Contents following the deemed receipt and service of the notice shall constitute your acceptance to the terms of this Licence, as varied. If you do not wish to accept the terms of the Licence (as varied) you must immediately stop using and accessing CaseHub and Contents on the deemed receipt and service of the notice.
If we have to contact you, we will do so by notice posted on our website or by email to the email address you provided in accordance with your registration on CaseHub.
Note that any notice will be deemed received and properly served 24 hours after it is first posted on our website or 24 hours after an email is sent.
In proving the service of any notice, it will be sufficient to prove, in the case of posting on our website, that the website was generally accessible to the public for a period of 24 hours after the first posting of the notice; and, in the case of an email, that such email was sent to the email address of the recipient given for these purposes.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:
our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and without prejudice to the above we will reasonable endeavour to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.
Under data protection legislation, we are required to provide you with certain information including about who we are, how we process the personal data of those individuals who use CaseHub and Contents and for what purposes and those individuals' rights in relation to their personal data and how to exercise them.
This information is provided in https://whitecrane.academy/privacy-policy and it is important that you read that information.
We may transfer our rights and obligations under this Licence to another.
You may not transfer your rights or your obligations under this Licence to another person.
This Licence does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Licence.
If any provision or part-provision of this Licence is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Licence.
No variation of this Licence shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
A waiver of any right or remedy under this Licence or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
A failure or delay by a party to exercise any right or remedy provided under this Licence or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Licence or by law shall prevent or restrict the further exercise of that or any other right or remedy.
This Licence constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party acknowledges that in entering into this Licence it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence.
Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Licence.
This Licence and any dispute or claim arising out of or in connection with it are governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Licence.