Terms and Conditions

Wayforce terms and conditions

LAST UPDATED 19th APRIL 2017

This document defines the standard Terms and Conditions for the use of the following items provided by Waymark IT Limited. Including Wayforce API Service (“API”), Wayforce website (“Site”), Wayforce Management Suite (“Suite”) and its mobile applications (“App”) all collectively referred to as (“Wayforce”).

This is an agreement (“Agreement”) between, Waymark IT Limited (“Waymark”, “us”, “our” or “we”) and you as the user of Wayforce, API, Site or App or another of our services. By clicking agree, proceed or by accessing the Wayforce, App or Site or using any of Waymark’s services, you agree to be bound by this Agreement and Waymark’s Privacy Policy.

PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY OF THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE WAYFORCE API, SITE, APP OR SUITE.

Users of our Services must be 18 years old or above. If you are under the age of 18 please stop using our Services immediately.

Description of Service

Wayforce offer ours users a simple way for service providers to manage their customers, information, field staff and jobs effectively through our intelligent and intuitive Service, Suite, Site and App.

Wayforce Subscription

To use Wayforce, you are required to have an active subscription. In order to obtain and maintain an active subscription, you will be required to create a unique profile called a “Wayforce Account”.

Account registration requires you to submit specific personal information, described within and governed by our Privacy Policy. In creating this account you agree to submit accurate, up-to-date, complete and truthful information.

We will always have the final discretion in allowing accounts to use Wayforce and reserve the right to reject users without explanation. You, as the account holder, are responsible for all activity that occurs under your account and through the use of Wayforce.

You agree to maintain the security and secrecy of the username and password assigned to your Wayforce Account.

When creating a Wayforce Account, you will be asked to register a preferred method of payment. Waymark does not collect or retain any payment card information.

END USER LICENCE AGREEMENT

The use of Wayforce is governed by the following end user licence agreement.

By using any elements of Wayforce, or the downloading and use of the App or Suite, you acknowledge that this end user licence agreement is between you and Waymark, and that Waymark is solely responsible for the App or Suite.

Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified, make an announcement on our homepage or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using Wayforce.

Scope of the Licence

Scope of Licence: Subject to these Terms and Conditions, Waymark grants you a non-transferrable, non-exclusive licence to use Wayforce for your sole use. Also subject to these Terms and conditions, Waymark grants you a non-transferrable, non-exclusive licence to use a copy of the App downloaded solely in connection with the other Waymark Services on your iOS or Android Device.

Restrictions of Use

  • Certain Restrictions: The rights granted to you by these Terms and Conditions are subject to the following restrictions: (a) you shall not licence, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Wayforce API, Suite, App or Site; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Wayforce API, App, Site or Suite, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access Wayforce’s API, Site, App or Suite in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of the Wayforce API, App, Suite or Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any Site or App. Any future release, update, or other addition to functionality of Wayforce shall be subject to these Terms and Conditions, unless otherwise provided in terms associated with such addition.
  • Modification: Waymark reserves the right, at any time, to modify, suspend, or discontinue the Wayforce API, Suite, Site or App or any part thereof with or without notice. In the future we may offer additional services, features, functionalities and in-app purchases. You agree that Waymark will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Wayforce or any part thereof.
  • Ownership: Wayforce that is provided to you is licensed to you and not sold. Waymark (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to Wayforce. These Terms and Conditions are not a sale and they do not convey to you any rights of ownership in or related to Wayforce. The Wayforce name, logo, and the product names associated with Wayforce belong to Waymark IT Limited (or its licensors, where applicable), and no right or licence is granted to use them by implication, estoppel or otherwise. Waymark (and its licensors, where applicable) reserve all rights not granted in this Agreement.

CONTENT

Certain features of Wayforce allow you to post, submit, publish, share, store, or manage (a) ideas, opinions, recommendations, data and information, including Information and (b) literary, artistic, musical, or other content, such as photos and videos (both “Content”). By posting or publishing Content, you represent and warrant to us that you have all necessary rights to distribute Content to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licences, consents, and/or permissions to use, in writing, from the copyright or other owner of the Content. You further represent and warrant that none of the Content you post or publish contains financial, privileged, confidential, personally identifiable or personal information of any kind whatsoever. You hereby grant to Waymark and our authorised personnel a worldwide, royalty-free, fully-paid, non-exclusive, transferable (in connection with an assignment of the Agreement), sub licensable (as necessary to perform Wayforce) licence to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and otherwise exploit information and Content as we in our sole and absolute discretion deem appropriate to perform and to promote (subject to your account settings) Wayforce and in accordance with these Terms and Conditions. This licence ends when you disable Client Materials or your account, unless Client Materials have been shared with others and they have not deleted it. You acknowledge and agree that we will own all right, title, and interest in and to any materials, content, or other works of authorship created by us or on our behalf and used in connection with Wayforce. We acknowledge and agree that, as between you and Waymark, you will own all right, title, and interest in and to Content you provide and to Client Materials.

Third party services and content

Wayforce are made available or accessed in connection with third party services and content (including advertising) that Waymark does not control. You acknowledge that different Terms and Conditions as well as different privacy policies may apply to your use of such third party services and content.

Use of Wayforce

When using Wayforce, you are responsible for your use of Wayforce API, App, Suite or Site, and for any use of Wayforce made using your account. You agree not to access, copy, or otherwise use Wayforce, including our intellectual property and trademarks, except as authorised by these Terms and Conditions or as otherwise authorised in writing by Waymark. You agree not to use Wayforce to:

  • You will not copy, distribute or disclose any part of Wayforce in any medium, including without limitation by any automated or non-automated “scraping”;
  • You will not submit fraudulent workers compensation claims, insurance applications, insurance claims, or otherwise attempt to defraud Waymark, its Insurance Partners, or any other party in connection with your use of Wayforce;
  • You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access Wayforce in a manner that sends more request messages to Waymark’s servers than a human can reasonably produce in the same period of time by using a conventional application (except that Waymark grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
  • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running Wayforce;
  • You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You will not post or publish Content containing financial, confidential, privileged, personally identifiable or personal information on Wayforce;
  • You will not upload invalid data, viruses, worms or other software agents through Wayforce;
  • You will not collect or harvest any personally identifiable information, including account names, from Wayforce;
  • You will not access Wayforce through any technology or means other than those provided or authorised by Waymark;
  • You agree not to stalk, harass, bully or harm another individual who uses Wayforce;
  • You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • You agree to use our software only in a safe manner and in compliance with all laws, you explicitly agree that you will not use Wayforce for any criminal communications or for transmitting any child pornography;
  • You agree that you will not hold Waymark responsible for your use of Wayforce;
  • You agree not to violate any requirements, procedures, policies or regulations of networks connected to Waymark;
  • You agree not to interfere with or disrupt Wayforce;
  • You agree not to hack, spam or phish us or other users;
  • You agree to provide truthful and accurate Content;
  • You agree to not violate any law or regulation and you are responsible for such violations;
  • You will not use Wayforce to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content;
  • You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of Wayforce, including the de-indexing or de-caching of any portion of Wayforce from a thirty party’s website, such as by requesting its removal from a search engine;
  • You will not upload any Content to Wayforce that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
  • Use Wayforce if your primary business function is currently restricted under licensing agreements currently in place with Waymark.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use Wayforce may at our discretion be terminated or suspended.

Payment

You understand and agree that the use of Wayforce may result in charges to you for products or services you receive from third party service providers (“Partners”). Waymark will facilitate your payment of fees, premiums, and/or taxes on behalf of the Partner, as such Partner’s limited payment collection agent. All charges shall be inclusive or applicable taxes as required by law. All charges are final and non-refundable.

Payment of our Partners fees and costs are due immediately and payment will be facilitated by Waymark using the preferred payment method designated in your Wayforce Account, after which Waymark will send you a receipt via email.

Software and Site Availability

We do not guarantee that Wayforce will always be available, work, or be accessible at any particular time. Only users who are eligible to use Wayforce may do so. We reserve the right to terminate access for anyone. We cannot guarantee that Wayforce will work as advertised, or that it will give you the desired results.

Taxes

You agree that you are responsible for all taxes and fees associated with your use of Wayforce. Although we may deduct nexus taxes or other taxes, you agree that if we do not, you will pay any associated taxes, levies, or fees.

Compliance with all Laws and Regulations

Waymark is not responsible for your violation of any laws while using Wayforce. Users must comply with all laws regarding your use of Wayforce. Wayforce are void where prohibited.

Intellectual Property Rights

The design of Wayforce, along with Waymark created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Waymark, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions.

Wayforce is a registered trademark of Waymark IT Limited.

Waymark reserves all rights not expressly granted in and to Wayforce. You agree to not engage in the use, copying, or distribution anything contained within Wayforce unless we have given express written permission.

Representations and Warranties

Wayforce is offered “AS-IS”, including any errors, bugs or other technical issues. You agree that whilst using Wayforce your results may vary and you may not achieve the desired results. We expressly disclaim all warranties either expressed or implied. Wayforce may not be fit for a particular purpose and may not work or be applicable where you reside.

We make no representations or warranties as to the reasonable skill and care invested in our Services, the satisfactory quality of our Services or that our Services as non-infringing. Furthermore, we do not warrant that the functions contained within Wayforce will meet any requirements or needs you may have, that Wayforce will operate error free or in an uninterrupted fashion, that any defects or errors in Wayforce will be corrected, or that Wayforce is compatible with any particular platform.

Waymark is not obligated to provide you access to Wayforce. In the event of any problem with Wayforce, you agree that your sole remedy is to cease using Wayforce.

Limitation of Liability

In no event shall Waymark, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from (1) your use or inability to use Wayforce or service errors, mistakes or inaccuracies of contact, (2) Any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Wayforce. (3) Any interruption, misinformation, incomplete information or cessation of transmission to or from Wayforce to you. (4) Any bugs, virus, Trojan Horses or the like, which may be transmitted to or through Wayforce by any third party. (5) Any failure of any third party information listed within Wayforce, including and failures or disruption whether intentional or unintentional or (6) Any errors or omissions in Wayforce for any damage of any kind incurred as a result of your use of Wayforce whether based on warrant, contract tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

Indemnity

You agree to defend, indemnify and hold harmless Waymark, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to Wayforce;
  • Your violation of any term of these Terms and Conditions;
  • Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • Any claim that any of your Content caused damage to a third party.

This defense and indemnification obligation will survive this Agreement and your use of Wayforce. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

COPPA Compliance

Wayforce and its Services may only be used by persons 18 years and older. If you are under 18 please stop using Wayforce, and do not submit any information to us.

Choice of Law

All matters relating to the App, Site or Service, and these Terms and Conditions, and any dispute or claim arising under or relating to Wayforce or these Terms and Conditions, shall be governed by and construed in accordance with English Law and each party submits to the exclusive jurisdiction of the English Courts.

Force Majeure

You agree that Waymark is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Waymark shall have the sole right to elect which provision remains in force.

Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Termination of Service

We may terminate or suspend your Wayforce Account, or Wayforce without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate service, you may be entitled to a refund if applicable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

Electronic Communications

The communications between you and Waymark IT Limited use electronic means, whether you use our App, visit the Site, or use our API Service, or send Waymark e-mails, social media, or other messages, or whether Waymark posts notices on the App, Site, or Service or communications with you via e-mail, or social media. For contractual purposes, you (1) consent to receive communications from Waymark in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Waymark provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.