Terms Of Use

UMi ONLINE USER

General Terms and Conditions

Last modified 17 July 2023

By entering this “Software Site”, you are deemed to have accepted the terms and conditions set out below. If you find these terms unacceptable, do not continue onto the site.

The content of this Site is the sole property of UMi Holdings Limited (trading as ‘‘UMi’). All intellectual property rights (including without limitation any copyright and design right) existing in this Site and any products displayed on it belong to UMi except were indicated to the contrary.

You may download pages of this Site to your local storage, and you may save a copy of extracts of this Site and share both within your organisation strictly on the basis that you do not do so for profit and on the condition that UMi′s copyright notice is always preserved. For Sustainability purposes we recommend not to print but save as PDF by utilising your browser capabilities.

Reproduction of part or all of the content of this Site in any form is prohibited unless for personal use. None of the content of this Site may be copied or otherwise incorporated into or stored on any other site, electronic retrieval system, publication, platform, or other work in any form whatsoever. You may not frame any part of this Site.

WEAREUMi and WEAREUMI are trademarks owned by UMi Holdings Limited and used in this Site under licence from that company. Any other trademarks, whether registered or otherwise, remain the property of the appropriate trademark owner.

Whilst UMi has taken every care to ensure that the information on this Site is accurate and up to date, no warranties expressed or implied are given as to the accuracy of the information contained on the Site. No action should be taken or omitted in reliance of any information or advice placed on the Site. All orders received are accepted strictly on the basis of our terms and conditions of business.

UMi shall not be liable for any loss or damage arising out of the use of any of the information on this Site. Whilst every effort has been made to ensure that this Site is virus free, we recommend that you take precautions against infection. UMi cannot accept any liability for damage sustained as a result of the transmission of viruses, worms, trojans or any other malicious content.

Unless otherwise specified, the materials on this Site are directed at, and are intended solely for use by, those accessing the site from the United Kingdom mainland and Northern Ireland. UMi makes no representation or warranty that any product, service, or information referred to, or contained in this Site, are appropriate for use in other locations or jurisdictions. Those who choose to access this Site from other locations or jurisdictions are responsible for compliance with any applicable local laws.

These exclusions of liability shall not apply in respect of death or personal injury caused by the negligence of UMi or any of its employees or officers. These Terms of Use shall be interpreted in accordance with, and governed by, English law. If any provision of these Terms of Use shall be deemed unenforceable or invalid, then that provision shall be deemed severable from the remaining terms and those remaining terms shall be valid and enforceable to the fullest extent permitted by English law. For the avoidance of doubt, nothing in these terms shall confer on any third party any benefit or the right to enforce any term or terms. Unless a contrary intention is explicitly expressed, nothing within this Site shall be deemed to create a binding contract between UMi and any users of the Site.

Any information acquired by UMi through your use of this Site will be processed in accordance with the GDPR and any associated Statutory Instruments, Codes of Practice, and subsequent Acts of Parliament. You should be aware that because of the global nature of the internet, your personal data is likely to be temporarily stored in jurisdictions beyond the EEA whilst in transmission. For further details please see our Privacy Policy.

“UMi” is a trading name of UMi Commercial Limited, CRN: 07227157. Documents may be posted to UMi at its registered office, which is situated at: Navigators Point, Belmont Business Park, Durham, DH1 1TW. VAT registration number GB 108 2373 34.

Any links to external sites are provided for your convenience only. Whilst we put all our partners through our own due diligence, you know your business best and therefore only you can decide if this is right for your business, therefore please do not consider this an endorsement or recommendation as we cannot liability for the availability, or suitability of content on the website(s) to which you will be moving.

Any inclusion of a third-party link does not mean third party endorses UMi or vice versa.

UMi SITE AND ONLINE USER TERMS

These terms and conditions (“Terms”) govern your registration for and use of the UMi online site https://www.weareumi.co.uk (the “Site”) and your relationship with UMi Commercial Limited (registered in England and Wales with company number 07227157) trading as UMi (the “Company”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under English law. If you do not agree to any aspect of these Terms, please do not register for, or use the Site. If you have any questions on the Terms, please contact us by email at: privacy@weareumi.co.uk. Our privacy policy has further information which you may find of use.

The definitions and rules of interpretation in this clause apply in this Agreement.

Authorised (Named) Users means those employees, agents, independent contractors and/or customers that hold an UMi login account.

Affiliate includes, in relation to either party, each and any subsidiary or holding company of that party.

Back-Up Policy means UMi’s policy for backing up Customer Data, which is part of the UMi policies.

Business Day means a day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business.

Conditions means the terms and conditions as set out above and below.

Confidential Information means information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information.

Control shall be as defined in section 1124 of the Corporation Tax Act 2010, and controls, controlled and the expression change of control shall be construed accordingly.

Customer means the Customer whose details appear in the login account, or complete a purchase of UMi content, products or services.

Customer Data means the data inputted or provided by the Customer, Authorised Users or UMi on the Customer's behalf for the purpose of using the UMi Products or facilitating the Customer's use of the UMi Site.

Data Protection Legislation means all applicable data protection, privacy, and electronic marketing legislation in force from time to time, including (but not limited to) the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the UK General Data Protection Regulation as tailored by the Data Protection Act 2018 (GDPR), and any codes of practice relating to the same.

Documentation means any user instructions which UMi makes available to the Customer in connection with the UMi Site or Products.

ICO means the Information Commissioner's Office.

Intellectual Property any and all intellectual property rights of any nature whether registered, registrable or otherwise, including patents, trademarks, design rights and domain names, moral rights, applications, trade or business names, goodwill, copyright, rights in databases, know-how and any other intellectual property rights which subsist in computer software, computer programs, websites, documents, information, techniques, business methods, drawings, logos, instruction manuals, lists and procedures and particulars of customers, marketing methods and procedures and advertising literature, including the “look and feel” of any websites.

Event means physical, online webinar, webcast, job fair, virtual event, seminar, conference, or meeting that is intended to be recorded or broadcast live. (Following the live broadcast, Live Events may also be stored for later viewing).

Personal Data means any data which relates to an individual who can be identified (a) from those data; or (b) from those data and other information, which is in the possession of, or is likely to come into the possession of, the holder of the information. Customer Data that constitutes personal data (as defined in GDPR).

Purchase means the acquisition of any UMi content, products or services whether there is a monetary value attached to the transaction or not. Payments relating to purchases can be ‘one- off’ arrangements as well as the subscription definition below.

Relevant Route means contacting UMi through our Virtual Business Adviser at letstalk@weareumi.co.uk or by calling 0330 124 7305.

Registration means when you provide contact details for use by UMi.

SatNav means this online navigation tool which encompasses the UMi Site, Products and Services offered to businesses, via Subscription, third party partnership or one-off purchases.

Subscription Fees the subscription fees payable by the Customer to UMi, as set out within the Subscription section of these terms.

Subscription Term UMi has a rolling term which can be ended at any time following a full month’s subscription fees being paid. Subscriptions ending mid-month will incur the current month’s fees but no future periods. If a subscription is ended in the first 5 working days of a calendar month the full month’s subscription fees are not payable.

Support Service Core Hours means core working hours of 9am to 5pm UK Greenwich Mean Time (GMT) during a Business Day.

Software Apps means any applications provided or used by UMi as part of the UMi Site.

Software Site means this Site and all Domains and Sub Domains of UMi which are covered by these terms & conditions.

Target Availability UMi will provide System Availability measured over a prior 3-month period, excluding any System Maintenance or Force Majeure Events, subject to clause 12.

UMi UMi Commercial Limited registered in England and Wales with company number 07227157 trading as UMi (the “Company”, “we” or “us”) or its Affiliates.

Virus means any ‘thing or device’ (including any software, code, file or program) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to, or the operation of, any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

USE OF THE SITE, CONTENT AND DATA

2.1 The Site is provided to you for your use subject to these Terms. By using the Site you agree to be bound by these Terms.

2.2 Permitted use. You are not permitted to use this site other than for the following, private, non-commercial purposes:

2.2.1 viewing this site and the content contained within.

2.2.2 downloading content and templates where the Site allows you as a user to do so.

2.2.3 connecting and participating in UMi network activities.

2.2.4 transferring to other websites through links provided on this site; and

2.2.5 making use of other facilities that may be provided on the site e.g., direct event and campaign ticket bookings.

2.3 UMi strictly prohibits the use of automated systems or software to extract data from the site for commercial purposes.

AMENDMENTS

We may update these Terms from time to time for legal or regulatory reasons or to allow the proper operation of the Site and/or its users. Any statutory changes will be notified to you via the email address provided by you on registration or via a suitable announcement on the Site. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new Terms you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms.

REGISTRATION

4.1 Each registration is for a single user profile only.

4.2 You must ensure that the details you provide to us on registration, or at any time, are correct and complete.

4.3 You must inform us immediately of any changes to the information you have provided to us by updating your personal details. This enables us to communicate with you effectively.

ACCESS TO THE SITE

5.1 The level of content you see on the Site is dependent on what type of user you are. There are two types of users, as follows:

5.1.1 An ‘Anonymous User’ is a user of the Site who does not register through the site’s registration form. Anonymous Users have access to part of the Site content, but some content pages will not be accessible until registration.

5.1.2 A ‘Verified User’ is a user who registers on the Site through the site’s registration form, providing the requested information. Subscribed or Verified Users have the option to receive a regular email bulletin and have access to further Site content.

5.2 A site visitor has the ability to register their interests in UMi content, products and services.

INTELLECTUAL PROPERTY

The content of the Site is protected by copyright, trademarks, database rights and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, or distribute or use for commercial purposes any of the materials or content on the Site without prior written permission from the Company.

YOUR EXPECTED FAIR USE OF THE SITE

7.1 You may not use the Site for any of the following purposes:

7.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws.

7.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations, or code of practice.

7.1.3 interfering with any other person’s use or enjoyment of the Site; or

7.1.4 making, transmitting, or storing electronic copies of materials protected by copyright without the permission of UMi.

7.2 You will be responsible for our losses and damages resulting from your breach of this clause.

EDITING MATERIAL

UMi allows you to submit material for inclusion on the Site. Whilst UMi does not control the submission of material, we do reserve the right to delete, move and edit any material submitted. Publication will be at our discretion.

RESTRICTED MATERIAL

9.1 You are solely responsible for the material you submit to UMi and by submitting any material you agree to follow these rules. You may not submit any material which:

9.1.1 advertises or promotes any goods or services.

9.1.2 reveals any confidential or sensitive information.

9.1.3 contains or links to any unlawful, threatening, abusive, defamatory, or indecent material or material which is deliberately intended to upset other users.

9.1.4 contains any material which you do not have permission to use (including material which may be protected by copyright, trademarks, database rights or any other form of intellectual property right).

9.1.5 contains viruses or any other components with harmful or contaminating effects on the Site or any equipment connected to it; or

9.1.6 impersonates any living person.

LICENCE TO USE MATERIAL

By submitting material to the Site, you are granting the Company a perpetual royalty-free non-exclusive licence to reproduce, modify, translate, make available, distribute, and allow others to use any material you submit in whole or in part or in any form. We will try to credit authors of the material where possible but cannot guarantee to do so.

DISCLAIMER

Whilst we put all of our partners through our own due diligence process, you know your business best and therefore only you can decide if this is right for your business. As a result, the accuracy or quality of other material can only be judged by you and as such we cannot be held liable for the interpretation, advice or action that is taken as a result.

AVAILABILITY OF THE SITE

12.1 Although we aim to offer you the best service possible, we make no promise that the services available on, or via, the Site will meet your requirements. We cannot guarantee that such services will be fault-free. If a fault occurs with the Site, you should report it by email to letstalk@weareumi.co.uk and we will attempt to correct the fault as soon as we reasonably can.

12.2 Your access to the Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

12.3 For the protection of your user security the UMi Site runs on a ‘log-out’ timer, which will require users on mobile and browser to re-sign into your account every 60 days, as a minimum.

UMi’s RIGHT TO SUSPEND OR CANCEL YOUR PURCHASE FROM UMi

13.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms or any other legal requirement.

13.2 You can cancel your subscription at any time by informing us in writing either by email to finance@weareumi.co.uk or by post to ‘UMi, Site Registrations, Navigators Point, Belmont Business Park, Durham, DH1 1TW’. If you do so, you must stop using the Site immediately.

13.3 The suspension or cancellation of your registration and your right to use the Site shall not affect either party’s statutory rights or liabilities.

13.4 If cancellation results in the termination of a paid subscription a refund will be processed in line with UMi’s subscription terms Clause 20 below.

LIABILITY

14.1 The Site provides content from other internet sites or resources and whilst UMi tries to ensure that material included on the Site is correct, reputable and of high quality, it does not make any warranties or guarantees in relation to that content. If UMi is informed of any inaccuracies in the material on the Site, we will attempt to correct the inaccuracies as soon as we reasonably can.

14.2 If we are in breach of these Terms, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Site. Our liability shall not in any event include business losses such as lost data, lost profits, or business interruption.

14.3 This clause 14 shall not limit or affect our liability resulting from any products sold through the Site being found to be unsafe or if something we do negligently causes death or personal injury.

14.4 Where UMi provides products and services to you, the relevance and availability is based upon information provided by you, UMi accepts no liability and provides no warranties for any costs/expenses and/or losses incurred by you, either during or following the use of UMi services.

THIRD PARTY WEBSITES

As a convenience to customers, the site includes links to other websites or material which are beyond UMi’s control. UMi is not responsible for content on any site outside the Site.

ADVERTISING AND SPONSORSHIP

16.1 UMi will not allow advertising to this site that is not relevant to the services provided by UMi.

16.2 Part of the Site may contain advertising and sponsorship.  Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

APPLICABLE LAW

These Terms will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.

INTERNATIONAL USE

We make no promise that materials on the Site are appropriate or available for use in locations outside the United Kingdom and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

MISCELLANEOUS

19.1 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.

19.2 If you breach these Terms and UMi chooses to ignore this, UMi will still be entitled to use its rights and remedies at a later date, or in any other situation where you breach the Terms.

19.3 UMi shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.

19.4 The Site is owned and operated by UMi Commercial Limited (trading as ‘UMi’) of Navigators Point, Belmont Business Park, Durham, DH1 1TW; email: privacy@weareumi.co.uk

UMi PRODUCT AND SERVICES GENERAL TERMS

UMi subscriptions are the charges relating to the online access of specified areas, products, services, and content within the “UMi Site”.

Price points are set on a “published on the Site” basis and may be discounted, or changed from time to time, at the discretion of UMi.

Fee means the fee payable, either by PAYG or the purchase of UMi subscription for the shown product or service and shall include any VAT payable. All fees are in GBP.

Terms means this set of Terms and Conditions and the ‘UMi Online User Terms of Use’ as stated above, when you purchase goods and services from UMi.

PAYG purchases acquired at the point of transaction, at any value above the subscription price or for one off purchases of individual products and services, whether there is a value attached to the transaction or not.

Site means https://www.weareumi.co.uk; and “you” means the purchaser, user or subscriber.

UMi Network are the users of the UMi Site, App, Products & Services

SUBSCRIPTION PURCHASING

20.1 Subscription fees are payable if you choose to continue use of the Site following a ‘free trial’ or, if you have been provided with free access for a pre-stated period, at the end of that pre-stated period. And are payable as:

- Monthly charge £9.99 Per month

- Annual charge £99.99 for 12 months, payable upfront

20.2 To purchase multiple licenses at one time please contact UMi at letstalk@weareumi.co.uk or by calling 0330 124 7305

20.3 All UMi subscriptions are free for the first 14 days.

20.4 The Fee (which is including VAT) will be shown prior to completion of the online transaction.

20.5 When you place an order with UMi you are offering to purchase on these Terms. UMi reserves the right to decline or cancel your order, or any part of your order.

20.6 The purchase of products and services via any method, is legally binding, in accordance with clause 22 below.

20.7 Subscription Term: For monthly subscribers only UMi has a rolling term which can be ended at any time following a full month’s subscription fees being paid. No refunds will be made outside of clause 22.2 '14 day cooling off period'.

PAYMENT TERMS

21.1 Payment details are due to be provided upon sign up of a subscription licence, or one-off purchase(s); acceptable payment methods as follows:

21.1 a. online via “the Software Site”, using PayPal,

21.1 b UMi (via PayPal) will debit the Fee from your credit card or debit card on or after the day you make an order to purchases a subscription. Credit or debit card details are collected over a secure link and an authorised amount verification is taken immediately. Your order will be confirmed only upon receipt of the Fee in cleared funds by UMi.

21.1 b i UMi does not hold your payment details at any time, and do not take any charges for payments by credit or debit card.

21.1 c via payment of invoice, you can request an invoice for your purchase by emailing finance@weareumi.co.uk. Your subscription, or one off purchase, will begin once payment into the relevant UMi bank account has cleared. Acceptable payment methods for UMi invoices are as follows:

21.1 c i Credit Card

21.1 c ii Bank Transfer (BACS or CHAPS)

REFUNDS AND CANCELLATION RIGHTS

22.1 UMi reserve the right to refuse refunds, except in accordance with clause 22.2 and your general 'cooling off period' rights.

22.2 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("Consumer Contracts Regulations") you may cancel your purchase within a period of 14 calendar days of purchase ("Cancellation Period") from the date on which the contract is concluded subject to the below conditions:

22.2 a. You must inform UMi of your decision to cancel by using one of the following methods within the Cancellation Period:

22.2 a i. Emailing finance@weareumi.co.uk; or

22.2 a ii. Calling us on +44 (0)191 716 1000; or

22.2 a iii. Writing to us at UMi, Site Registrations, Navigators Point, Belmont Business Park, Durham, DH1 1TW.

22.2 b. On cancellation, if in line with the above terms, you will be entitled to a full refund of any qualifying Fees.

22.2 c. Refunds will be made using the same method of payment as you used for the purchase and will be paid within 14 days of you informing UMi of the cancellation. Refunds cannot be processed where goods and services have already been utilised in relation to the purchase value.

SUBSCRIPTION USAGE

23.1 Paid subscriptions are valid for the month and term of purchase.

23.2 Subscriptions, products and services are fully transferrable to other businesses within the UMi Network.

23.3 If the value attached to subscriptions changes, due to updates to UMi pricing, your existing subscription takes the price-point of any update implemented, without additional charges being incurred until the following month giving you the opportunity to cancel if required.

LIMITATION OF LIABILITY (UMi SITE)

24.1 The exclusions and limitations of liability contained in these Terms do not apply to a party's liability:

for fraud or wilful default.
where such limitation or exclusion cannot lawfully be excluded.

24.2 Except as set out in these Terms, UMi shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:

indirect or consequential losses;
loss of income or revenue;
loss of business;
loss of anticipated savings; or
loss or corruption of data.

24.3 UMi is not responsible to you for any data that you lose either (a) as a result of accessing the online course, or (b) during completion of any online course. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the online course, and (ii) all data that you are inputting when completing the online course.

24.4 Save as otherwise set out in this section "Limitation of Liability", UMi's maximum aggregate liability to you for any claims that you may have against UMi for direct loss in contract, tort or otherwise arising out of, or in connection with, these Terms, the online course and any technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf.

24.5 UMi will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond UMi's reasonable control. This condition does not affect your statutory rights.

24.6 Each provision in this Clause 24 shall be construed separately as between you and UMi. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some parts thereof were deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.

GENERAL

25.1 UMi take the protection and privacy of your data seriously. You can read our full Privacy Policy and our Data Protection Statement by visiting https://www.weareumi.co.uk/privacy-data-protection-policies

25.2 UMi may update or amend these Terms and Conditions from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the site.

25.3 UMi may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions to any third party at its discretion.

25.4 If any of these Terms and Conditions are found to be illegal, invalid, or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.

25.5 The agreement between you and UMi will be concluded in English only.

25.6 These Terms and Conditions, and any other matters arising out of, or in relation to, these Terms and Conditions, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of, or in connection with, these Terms and Conditions.

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