Terms of use
The following terminology applies to these Terms of service and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting Ucare terms and conditions."Appout LLC", "UCare", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of Themis stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Appout LLC reserves the right to change or modify current Terms of Use at any time with no prior notice. Therefore, we encourage you to review changes to our privacy policy every time you visit this website. Further, Appout LLC reserves the right to modify or discontinue any product or feature. Appout LLC shall not be liable to you or any third party should Appout LLC exercise its right to modify, suspend, limit or discontinue any feature of it’s products.
Limitation of Liability
In no event shall Themis Online Limited, its officers, directors, employees, agents, or suppliers be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the site, the services or any content or products accessible through the site and service (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), (iii) for any errors, omissions, or inaccuracies in any content or for any loss or damage of any kind incurred as a result of your use of the site and service. In no event shall Appout LLC aggregate liability to you or any third party arising out of these terms of use, the site or the service exceed the amount of one hundred pound (GBP) (£100.00). Some locations may not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. You specifically acknowledge that Appout LLC shall not be liable for any submissions or user conduct.
Indemnification
You agree to defend, indemnify, and hold harmless Appout LLC, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your (i) use of, or inability to use, or misuse of the Site or the Service; (ii) your access to the Site, use of the Service, violation of the Terms of Use by you; or, (iii) any data you enter, store, upload, download or transmit to or through the Service.
Third Parties
A person who is not party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
Payment
We do accept our payments in cash through our agents, authorized agencies or bank transfers. Our Terms are payment in full within thirty days. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England's base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. Consequently, all agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Cancellation Policy
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged for the following month, however you will be able to use the app in read-only mode. Notification via email will be accepted subject to confirmation in writing.
Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to UCare services and the full content of the website and services.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of England and Wales govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Ucare to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of Appout LLC.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.