These terms were first created on 30th June 2015. They may be updated in the future and we’ll post the new version here on our website.
What some words mean.
So that we can be completely clear, here are some words we use which have specific meanings:
- "Account Holder" means a sole trader or company which has an Albert account (generally this will be your business).
- “Albert account" means a current subscription to The Service;
- "The Service" means Albert product and websites;
- "us" "we" and "our" refers to HQ Mobile Limited, a company with number 09153885 and having its registered office at Flat 7, 5 Highbury Crescent, N5 1RN, London.
- "you" means you, the person who accesses and uses this website and/or The Service; and
- "your Data" means any data entered or uploaded by you while using The Service.
Creating and accessing an Albert account.
How to apply: In order to access and use The Service, an Albert account must first be created. You can apply for an Albert account to be created by submitting your details in the "sign up" screens.
Formation of a contract: If we accept an application for the creation of an Albert account, we will confirm that sign up was successful, and at that point a legally binding contract will be created between the Account Holder and us. If you apply for an Albert account to be created, you must therefore ensure that you are authorised to enter into this contract for and on behalf of the Account Holder. The contract will be concluded in the English language and the provisions of these Terms of Service shall govern our agreement with the Account Holder and you.
Errors in information you gave us: If you made any mistakes in the details you gave to us when applying for an Albert account, these errors can be corrected by contacting firstname.lastname@example.org.
Refusal to create an account: We reserve the right, at our discretion, not to accept an application to create an Albert account. This may be due to technical constraints, because you or your business has been banned by us from using The Service or for any other reason. No charge will be made by us for declined applications.
How to access the account: You will not be able to access and use The Service without a username and pincode. You can set these on the sign up screens.
Your rights: If the business you represent is an Account Holder and you are authorised by it to use The Service, we grant you a non-transferable, non-exclusive licence to use The Service in accordance with these Terms of Service.
Conditions: The above licence is strictly subject to compliance with these Terms of Service by you (and by the Account Holder whose Albert account you are accessing and by all other users of that Albert account.)
Only access an Account Holder's Albert account by using a pincode and username which that Account Holder authorises you to use; and only use The Service on behalf of the Account Holder whose Albert account you are accessing and solely for money management purposes relating to that Account Holder's own business which are legal.
You must not:
Do anything which could reasonably be expected to damage, disable, overburden, or materially impair The Service or our website generally or which is likely to interfere with any other party's use or enjoyment of The Service; question or dispute our ownership of the intellectual property rights in The Service;
Security: The Account Holder is ultimately responsible for administering and safeguarding any pincodes created to control access to its Albert account: please keep any pincode issued to you secure.
Who owns what.
Rights in your data: The Account Holder has sole responsibility for the accuracy and reliability of your Data. The Account Holder retains ownership of any copyright, trade marks, database rights and any other intellectual property rights it has in your Data (such as rights in its logo, for example.) Intellectual property rights in your Data will not be transferred to us. We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities but otherwise we will only use your Data to provide The Service.
Rights in our software and our website: All copyright, database rights, trade marks and other intellectual property rights in The Service (including any such rights in our website) are either owned by or licensed to us and nothing in these Terms of Service shall transfer any ownership rights to you or to the Account Holder.
Third party features: All copyright, database rights, trade marks and other intellectual property rights in any external data sources or embedded third party services used in Albert are the intellectual property of the relevant third party provider.
Closing an Albert account.
Cancellation by you: You can close the Account Holder's Albert account at any time by contacting email@example.com.
Suspension and closure by us: If you (or any other user of the Account Holder's Albert account) fails to abide by these Terms of Service, we reserve the right to suspend your access to The Service or permanently cancel the Account Holder's Albert account. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any Albert account for any reason, by giving one months notice.
IMPORTANT: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of The Service. It also requires the Account Holder to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Service.
No guarantees: We make no guarantee that The Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access The Service. We will try to keep disruptions to a minimum but we may suspend The Service from time to time to carry out maintenance and support work and to investigate unauthorised use. The Service is not a substitute for a professional accountant and any information presented does not constitute accounting advice.
Exclusion of our liability: You use The Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with The Service (even if we have been advised of their possibility.)
Limitation of our liability: Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service (or to our website generally) shall not exceed £10.
Liability to us: If you access The Service using a pincode created to control access to the Account Holder's Albert account, then the Account Holder shall be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you. Otherwise, you shall be personally be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.
General legal matters.
Third party features: In order to use certain features of Albert which rely on external data sources or embedded third party services you will be required to accept the terms and conditions of the relevant third party provider. Contact firstname.lastname@example.org to obtain a full list.
By agreeing to these terms and conditions you agree, if you use the relevant features, to be bound by the terms and conditions listed above (and as subsequently amended from time to time) and any other third party terms subsequently accepted by you while using The Service ("third party terms"). Any breach by you of the third party terms shall, without limiting any other remedy available to the third party provider, be deemed to be a breach of these Terms of Service.
Changes to this contract: We reserve the right to change these Terms of Service from time to time and therefore we may impose new or different terms and conditions on your use of The Service. These additional terms will be posted here on our website and will be effective the next month. Therefore you should regularly review this page to check for changes to these Terms of Service. Your continued use of The Service will be deemed to constitute acceptance by the Account Holder of all of the new terms. These Terms of Service may not otherwise be changed without our written consent.
Transfer of rights & obligations: We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. Neither you nor the Account Holder may transfer any of your rights or obligations under these Terms of Service without our written consent.
Waiver and severability: If either you or we ignore any breach of these Terms of Service, it doesn't mean that any further breach cannot be enforced. Similarly, if any part of these Terms turn out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
Resolving disputes: These Terms of Service shall be governed by and interpreted in accordance with the UK law. If any party wants to take court proceedings in relation to The Service, it must do so in the United Kingdom. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.