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THESE TERMS OF USE

The ONE Engage Platform is owned and operated by ONE CREATIVE ENVIRONMENTS LIMITED, a company incorporated and registered in England and Wales with company number 02738102 whose registered office is at 5 The Triangle, Wildwood Drive, Worcester, Worcestershire, WR5 2QX ("ONE Ltd.", "us", "we" or "our");
These Terms of Use:
1. 1.2.1 govern your access and use of the ONE Ltd. online software and platform including associated features and functionalities and user interfaces and content (the “ONE Engage Platform”); and
2. describe the basis on which ONE Ltd. makes available the ONE Engage Platform
Please read these Terms of Use carefully because they apply to you as an end user of the ONE Engage Platform (the "Authorised User", "you" or "your") by virtue of a separate agreement between your landlord (the "Customer") and us (the "Agreement"). The Agreement contains our commitment to provide the ONE Engage Platform to the Customer (subject to the terms of the Agreement), who may invite Authorised Users to access and use the ONE Engage Platform.
These Terms of Use are a legally binding contract between you and us, and they apply to you when accessing and/or using the ONE Engage Platform.
By clicking on the accept button , you agree that you are at least 16 years of age and you agree to be legally bound by the Terms of Use. If you access and use the ONE Engage Platform or continue accessing and using the ONE Engage Platform after being notified of a change to the Terms of Use, you confirm that you have read, understood and agreed to be legally bound by the Terms of Use as modified.
Supplemental terms and conditions that may be posted on the ONE Engage Platform from time to time are hereby expressly incorporated by reference.
If you do not agree with the Terms of Use, you must not access and/or use the ONE Engage Platform.

AVAILABILITY OF THE ONE ENGAGE PLATFORM

ONE Ltd.:
1. makes the ONE Engage Platform available on an “AS IS” and “AS AVAILABLE” basis; and
2. may suspend, withdraw, discontinue, or change all or any part of the ONE Engage Platform without notice; and
ONE Ltd. does not warrant or represent:
1. that use of the ONE Engage Platform will be uninterrupted or error-free;
2. the completeness or accuracy of the information obtained by the Customer or its Authorised Users through the ONE Engage Platform;
3. that such information is up to date; or
4. that such information will meet the Customer’s or your requirements.
ONE Ltd. shall have no liability for loss or damage caused by the unavailability of the ONE Engage Platform.
Clause 2.1.1 means that, to the extent permitted by applicable laws in England and Wales, the ONE Engage Platform is provided without any representations, warranties or undertakings (whether express or implied under applicable law).
2.5 Except for the warranties which may appear in these Terms of Use, ONE Ltd. hereby disclaims all warranties, conditions and other terms (whether express or implied) with regard to the ONE Engage Platform including all implied warranties and conditions of satisfactory quality and fitness for a particular purpose.
These Terms of Use are effective until: (i) the Customer’s subscription for the ONE Engage Platform expires or terminates; or (ii) your access to the ONE Engage Platform has been suspended or terminated by the Customer or us; or (iii) you notify in writing to the Customer that you wish to terminate your account.

ACCEPTABLE USE OF THE ONE ENGAGE PLATFORM

Your permission to use the ONE Engage Platform is personal to you and non-transferable, and you must not use the ONE Engage Platform for commercial purposes.
Your use of the ONE Engage Platform is conditional on your compliance with these Terms of Use and you must not (in connection with your use and/or access to the ONE Engage Platform):
1. be under the age of 16;
2. use the ONE Engage Platform for any purpose that is fraudulent, unlawful or prohibited by the Terms of Use;
3. defame, abuse, harass, stalk, threaten or disparage any person or behave in a manner which is obscene, derogatory or offensive, or otherwise violate the rights of others, including without limitation others’ privacy rights;
4. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the ONE Engage Platform, or express or imply that we endorse any statement you make;
5. reverse engineer, decompile, copy, duplicate, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third person or otherwise publish, deep-link, create derivative works from or exploit in any way the ONE Engage Platform or its content except as expressly permitted by ONE Ltd. or to the extent expressly permitted by applicable laws in England and Wales;
6. misuse the ONE Engage Platform by knowingly or recklessly introducing trojans, worms, logic bombs or other material which is malicious or technologically harmful;
7. attempt to gain unauthorised access to the ONE Engage Platform, the server on which the ONE Engage Platform is stored or any server, computer or database connected to the ONE Engage Platform;
8. not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity and/or create a database by systematically downloading and storing ONE Engage Platform content; or
9. attack the ONE Engage Platform via a denial-of-service attack or a distributed denial-of-service attack.

SUBMITTING INFORMATION TO THE ONE ENGAGE PLATFORM

You warrant to ONE Ltd. that any information, content, photos, text, messages, files, data, videos or and other materials and multimedia content that you provide, submit or upload to the ONE Engage Platform ("User Information") complies with these Terms of Use (the "Information Warranty").
In these Terms of Use, the word "Customer Data" includes: (i) any User Information; and (ii) any information, content, photos, text, messages, files, data, videos or and other materials and multimedia content provided, uploaded or submitted to the ONE Engage Platform by the Customer.
ONE Ltd. has no obligation to review conduct or to monitor or moderate any User Information, however, ONE Ltd. may do so for compliance purposes. If any breach of clause 3 (ACCEPTABLE USE OF THE ONE ENGAGE PLATFORM) and this clause 4 (SUBMITTING INFORMATION TO THE ONE ENGAGE PLATFORM) occurs, ONE Ltd. reserves the right to:
1. suspend your access to the ONE Engage Platform; and/or
2. remove any User Information causing the breach; and
3. notify the Customer of the breach and any related action.
You will be liable to ONE Ltd. for, and shall fully indemnify ONE Ltd. against, any loss or damage that ONE Ltd. incurs as a result of your breach of the Information Warranty.
ONE has no control over the Customer Data and the Customer Data has not been verified and/or approved by ONE. Therefore, ONE makes no representation or warranty and shall have no liability or obligation:
1. for the content or use of, and/or availability of any Customer Data or the way the Customer or its Authorised Users choose to use the ONE Engage Platform to store or process any Customer Data;
2. for relevance, accuracy or quality of Customer Data;
3. for results obtained from use of the ONE Engage Platform; and for conclusions drawn from such use; or
4. for correspondence with any third parties.
Any reliance you may place on the Customer Data is at your own risk.

ACCESS CREDENTIALS

If you are provided with or otherwise create a user identification code or password or any other log in credentials as part of your use of, and access to, the ONE Engage Platform ("Access Credentials") then you must treat such information as confidential.
You must not disclose Access Credentials to any third party.
ONE Ltd. may disable any Access Credentials, at any time, including where in ONE Ltd.’s opinion you have breached these Terms of Use.
If you know, or suspect that anyone other than you knows your Access Credentials then you must promptly inform the Customer and ONE Ltd.

INTELLECTUAL PROPERTY

This ONE Engage Platform and all intellectual property rights (which include without limitation all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) in the ONE Engage Platform (excluding the Customer Data) are owned by ONE Ltd. or where relevant, ONE Ltd.’s licensors.
ONE Ltd. and its licensors reserve all of their intellectual property rights whether registered or unregistered anywhere in the world.
Nothing in these Terms of Use grants you any rights in the ONE Engage Platform other than as is necessary to enable you to access the ONE Engage Platform.
You agree not to adjust, to try to circumvent or delete any intellectual property notices contained on the ONE Engage Platform and, in particular, in any digital rights or other security technology embedded or contained within any Content.

LIABILITY

Liability which cannot be limited or excluded: Nothing in these Terms of Use seeks to exclude or limit ONE Ltd.’s liability for fraud or fraudulent misrepresentation or any other liability that cannot be excluded by the laws of England and Wales.
Viruses: To the maximum extent permitted by law, ONE Ltd. will not be liable for any loss or damage caused by a virus that may infect your computer equipment, data or other property due to your use of the ONE Engage Platform or to your downloading of any Customer Data on it.
Exclusion of liability: To the maximum extent permitted by law, ONE Ltd. will not be liable to you for any losses or damages, whether these arise directly or indirectly as a result of your use of the ONE Engage Platform, and whether under contract, tort (including negligence) or otherwise, resulting from:
1. the use or the inability to use the ONE Engage Platform; or
2. un-authorised access to or alteration of your data or information; or
3. any other matter relating to the ONE Engage Platform.
Limitation of liability: If a court or other body having competent jurisdiction determines that clause 7.3 is unenforceable then, subject still to clauses 7.1 and 7.5, ONE Ltd.’s maximum total liability for all claims made under and/or in connection with these Terms of Use and your use of the ONE Engage Platform (whether in contract, tort (including negligence) or otherwise) shall, in all circumstances, be limited in the aggregate to five pounds sterling (£5).
Foreseeable loss: If clause 7.3 is held to be invalid and clause 7.4 applies, then ONE Ltd. is only responsible to you for foreseeable loss and damage caused by ONE Ltd. Your ability to recover amounts for such loss or damage is subject to the maximum amount set out in clause 7.4. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms of Use, both ONE Ltd. and you knew it might happen.

GENERAL

Version: The Terms of Use were last updated: [September 2023].
Variations: ONE Ltd. may change these Terms of Use from time to time and the new Terms of Use will be displayed on the ONE Engage Platform. By continuing to use and access the ONE Engage Platform following such changes, you agree to be bound by any variation made by ONE Ltd. It is your responsibility to check these Terms of Use from time to time to take notice of these changes.
Severability: Should any part of these Terms of Use for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
Assignment:
1. You may not assign, sub-license or otherwise transfer any of your rights or obligations in these Terms of Use to any other person.
2. ONE Ltd. may at any time assign, novate, transfer, charge, sub-contract, mortgage or deal in any other manner with all or any of its rights and obligations under these Terms of Use.

GOVERNING LAW AND JURISDICTION

These Terms of Use are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England and Wales.

The award winning engagement platform.

Terms of use

The award winning
engagement platform.