Terms of Service

In accessing and using any Fresh4cast product or service, you are agreeing to the following terms and conditions (the "Agreement"). Additional contractual terms may apply to some services so it is important that you are familiar with all of the terms applicable to your use of our service.

Fresh4cast Limited is registered in England and Wales with company number 08729567 and its registered office at 5 New Street Square, London, EC4A 3TW, ("We", "Us", "Our" or "Fresh4cast"). Fresh4cast's VAT number is GB174570592.

This Agreement constitutes an agreement between you, your company (including all subscribed users of your Fresh4cast account) and Fresh4cast governing your use of the Service. This Agreement supersedes any prior agreements between you and Fresh4cast.

Your use of the Service is governed by Our Terms of Use. By accepting these Terms of Service you are also, by reference herein, accepting Our Terms of Use. If you do not agree with our Terms of Use or these Terms of Service you should not proceed to subscribe for the Services and cease to use our Websites.

Violation of any of the terms below may result in the suspension or termination of your right to use the Service. Whilst Fresh4cast prohibits unauthorised conduct and content on the Service as indicated below, you may be exposed to such materials and you agree to use the Service at your own risk and Fresh4cast shall not be liable in such event.

1. Definitions

"Confidential Information" has the meaning set out in clause 9.2;

"Data" has the meaning set out in clause 7.1;

"Effective Date" has the meaning set out in clause 11.1;

"Initial Period" has the meaning set out in clause 11.1;

"Intellectual Property Rights" means patents, patentable rights, copyright, design rights, utility models, trade marks (whether or not any of the above are registered), trade names, rights in domain names, rights in inventions, rights in data, database rights, rights in know-how and confidential information, and all other intellectual and industrial property and similar or analogous rights existing under the laws of any country and all pending applications for and rights to apply for or register the same (present, future and contingent), and including all renewals, extensions, revivals and all accrued rights of action);

"Insolvency Event" means in relation to a corporate entity, any of the following events:

"Renewal Period" has the meaning set out in clause 11.1;

"Service" means all products or services provided by Us to you online via our Website a detailed description of which can be found here: fresh4cast.com/about.html

"Software" means all human readable, machine operable and all other forms of the software which comprise the Services and incorporating all forms of any modifications made to it by Fresh4cast from time to time, including mobile apps;

"Term" means the duration for which you subscribe to the Service comprising of the Initial Period and the Renewal Period;

"Website" means fresh4cast.com, or such other website on which we may make the Service available;

"User" means the individuals who are authorised by you to access and use the Service; and

"you" means you, the person using our products, Service or visiting our Website.

2. Description of Service

3. Terms of Use

4. Account Billing, Invoicing and Refunds

5. Cancellation and Right to Monitor

6. Modifications to the Service and Prices

7. Data

8. Data Loss & Backups

9. Confidentiality

10. Warranty

11. Term and Termination

12. Liability

13. Data Protection

14. Intellectual Property Rights

The Intellectual Property Rights in the Service and any hardware or Software used in connection with the Service is and will at all times remain Fresh4cast's property or that of Fresh4cast's licensors.

15. Force Majeure

The obligations of each party under this Agreement shall be suspended during the period and to the extent that such party is prevented or hindered from complying with them by any cause beyond its reasonable control such as an Act of God, flood, fire, earthquake, terrorism, riots, civil disorders, strikes, lockouts or other forms of industrial action on the part of Our staff. In the event that the cause continues for more than thirty (30) consecutive days, either party may terminate this Agreement immediately upon written notice to the other party in accordance with Clause 11.4(c) under the "Termination" section above.

16. General

17. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of England and each party hereby irrevocably submits to the exclusive jurisdiction of the English Courts. Notwithstanding the foregoing nothing herein shall preclude either party from seeking injunctions from any court of competent jurisdiction in order to protect its intellectual property rights or confidential information.