Information about us
These are the terms of service (“Terms”) for Gather Content Limited (“us/we/our”) which apply to all use of our GatherContent subscription service (“Service”).
We reserve the right to amend these Terms from time to time and will post a message on our homepage along with the new version of the Terms if that happens. Your continued use of the Service will be deemed to be acceptance of any new Terms.
Who we are
Gather Content Limited is a limited liability company incorporated in Scotland. Our company number is SC400199, and our registered office is at Bishop’s Court, 29 Albyn Place, Aberdeen, AB10 1YL and main trading address is at GatherContent, Mocatta House, Trafalgar Place, Brighton, BN1 4DU, United Kingdom.
Where you have signed up to use our Service on a free trial basis, these Terms will apply to you during your trial period, with the exception of the ‘Payment’ section below.
Our contract with you
If you register to create an account (“Account”) with us online, we will send you an email to confirm whether your application is accepted. Our contract with you (“Contract”) is formed when we send this email and is comprised of:
- your online application detailing your chosen subscription package and where these Terms are accepted (“Registration Page”);
- our email confirmation; and
- these Terms
If you get in touch with us by email to request our Service, we will send you an email to confirm whether your request is accepted and will provide you with a copy of these Terms. Our Contract with you is formed when you accept these Terms and is comprised of:
- our email to you confirming details of your subscription package (“Registration Confirmation”);
- your email to us confirming your acceptance of these Terms; and
- these Terms
Please note we reserve the right at our discretion to reject applications to use our Service.
The Contract will run on either a monthly or annual subscription basis (as set out in the Registration Page or Registration Confirmation) unless you have registered on a free trial basis, in which case the Contract is for the fixed period of the trial.
Renewal of Accounts
If your Contract is on a free trial basis, it will not automatically renew.
For month to month Contracts, the initial subscription term is one month. Your Contract will automatically renew for successive periods of one month after the initial subscription term, unless you cancel the Contract before the end of this period (or before the end of the current renewal period).
For annual Contracts, the initial subscription term is one year. Your Contract will automatically renew for successive periods of one year, unless you cancel the Contract before the end of the initial subscription term (or before the end of the current renewal period).
Changing your Subscription Package
You can upgrade the subscription package of your Contract at any time through your user account options. This includes the ability to change from a monthly to an annual subscription package. Any change in price will automatically be applied to your Account.
You can also downgrade the subscription package of your Contract through your user account options, however the change to your subscription package will only take effect at the end of the initial subscription term (or current renewal period). Any change in price will automatically be applied to your Account.
You can choose to stop the Service at any time by cancelling your Contract through your user account options, in which case your Contract will expire at the end of the initial subscription term or current renewal period (as applicable). No further subscription fees will be charged but we shall not be obliged to refund any fees paid.
We shall be entitled to terminate the Contract at any time if you are in material breach of the Contract (e.g. fail to pay subscription fees) and either you fail to remedy the breach within the timescale we request or the breach is not capable of being remedied. We shall also be entitled to terminate the Contract if you become insolvent. Where we terminate the Contract due to your breach or insolvency we shall not be obliged to refund any subscription fees you may have paid us.
These rights of termination will also apply to you against us. Where you terminate the Contract due to our insolvency or our material breach of the Contract (where we have not remedied the breach within 30 days of your written notification to do so, or the breach is not capable of being remedied), then you shall be entitled to a refund of any fees paid for services which have not been performed.
Use of your Account
Once the Contract is formed, and subject to you and all users you have authorised to access your Account (“Authorised Users”) complying with these Terms, you will be entitled to use, and permit Authorised Users to use, the Services via your Account solely for collecting, organising, managing and collaborating on content for a specific project or projects. You are responsible for your Authorised Users use of the Service.
You must advise us of the identities of Your Authorised Users, who will then require to register with us in order to access and use your Account. Your Contract may allow you to operate more than one project within your Account and in that event your Authorised Users will require to register on a project by project basis as appropriate.
Authorised Users use of the Services will be subject to these Terms. Each Authorised User shall keep a secure password for his use of the Services via your Account. You must only allow the permitted number of Authorised Users to access your Account to use the Services. If you discover any unauthorised use of the Service you must promptly let us know.
You must keep your password and account details secure and ensure that only you and Authorised Users access your Account.
You and your Authorised Users shall not store or transmit any computer virus, or any material during the use of the Services that:
- is unlawful, threatening, defamatory, obscene, infringing , discriminatory or is racially offensive;
- facilitates or encourages illegal activity;
- depicts sexually explicit images; or
- promotes unlawful violence or causes damage or injury to any person or property,
and we reserve the right, without liability to you, to disable your access to any material that breaches this provision.
You are responsible for complying with the laws of the country from where you use the Service and to ensure you have all necessary permission and consents in place in relation to your use of the Service.
A subscription fee is due in advance for use of the Service (i.e. monthly in advance for month to month Contracts, and annually in advance for annual Contracts) and is non-refundable. The subscription fee will be detailed in your Registration Page or Registration Confirmation (as applicable). It will be clear before you purchase any Service whether VAT or other applicable taxes are included in the price or still to be added.
If you have a Standard Account, you must provide us with valid, up-to-date and complete credit card (or similar card) details and you authorise us to bill such card on or after the first day of your initial subscription term, and thereafter on or after the first day of each subsequent renewal period.
If you have a Larger Account, you may choose to provide us with approved purchase order information instead, in which case you must ensure that we have valid, up-to-date and complete contact and billing details for the duration of your Contract. We will invoice you on or after the first day of the initial subscription term, and thereafter on or after the first day of each subsequent renewal period, and you shall pay each invoice issued by us within 14 days of the date of such invoice.
Payment by credit card (or similar card) will be processed via a trusted third party payment provider. Where your card payment is not successful, or where you have failed to make payment of our invoice on the due date for payment, we will contact you and suspend access to your Account until payment has been made.
We shall be entitled to increase our subscription fees upon 14 days’ prior notice to you, but not more than once during any 12 month period during the Contract.
Please note that you are not entitled to a refund of subscription fees paid to us unless you terminate the Contract because of our material breach or insolvency in accordance with the ‘Our contract with you’ section above.
Ownership of Data
In the event of any loss or damage to Your Data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up under our archiving procedure. We shall not be responsible for any loss, damage or disclosure of Your Data caused by any third party.
Where the Contract has expired or the Contract has been terminated by either of us, you may request a copy of Your Data from us within 12 months of the expiry or termination date (as applicable). After that period we will delete your Account, including invoice details, and all Your Data. It is your responsibility to either export and/or copy Your Data prior to the expiry or termination date, or request a copy from us within 12 months days of such date.
If Your Data includes any personal data (as that term is defined in the Data Protection Legislation), then you acknowledge that we shall be deemed the data processor and you are the data controller in respect of any such personal data (where “controller”, “processor” and “personal data” have the meanings as defined in Data Protection Legislation)..
We shall comply with our, and you shall comply with your, respective obligations under the Data Protection Legislation (where “Data Protection Legislation” means (i) unless and until it is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK; and (ii) any successor legislation to the GDPR or the Data Protection Act 1998 from time to time in force in the UK. This section is in addition to, and does not relieve, remove or replace, your or our obligations under Data Protection Legislation.
The scope, nature and purpose of processing by us is the provision of our Service. The type of personal data will be set out in any data you upload using the Service and the categories of data subjects are any individuals that may be referred to within such data. The duration of the processing is that of our retention period, which is a maximum of 12 months from expiry or termination of your Account.
You must ensure that you have all necessary consents and notices in place to enable lawful transfer of any personal data to us for the duration and purposes of this Contract.
We shall, in relation to any personal data processed in connection with the performance by us of our obligations under this Contract:
- process the personal data only on your written instructions (unless otherwise required by applicable law);
- maintain records of any processing of personal data that we carry out on your behalf;
- ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data;
- ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential;
- assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
- notify you without undue delay on becoming aware of a personal data breach; and
- at your written direction, delete or return personal data and copies thereof to you on termination of this Contract (unless required by applicable law(s) to store the personal data).
You consent to us appointing third-party processors of personal data who assist with web-hosting under this Contract and, in particular, the appointment of Amazon Web Services (AWS). You acknowledge that our appointment of AWS may involve transfer of personal data outwith the EEA and accordingly you consent to such transfer.
We confirm that we have entered, or will enter (as the case may be), a written agreement with any such third-party processor incorporating terms which are substantially similar to those set out in this section.
You warrant that:
- you are not aware of any circumstances likely to give rise to breach of the Data Protection Legislation (including any personal data breach);
- you have a lawful basis under the Data Protection Legislation to transfer the personal data to us for processing under this Contract and such use will comply with all Data Protection Legislation;
- you will promptly notify us of any action we must take to assist you with ensuring compliance with your obligations under Data Protection Legislation, including with request to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; and
- the personal data is necessary, adequate, relevant, accurate and up-to-date and you will notify us promptly of any changes to the personal data.
Availability of Service
We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for planned or unplanned maintenance. We will try and ensure all maintenance is not carried out during office hours.
We will endeavour to respond to all customer support queries within 48 hours, and you may purchase enhanced support services separately at our then current rates.
You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
Our rights in the service
The GatherContent Service is our proprietary service, and all intellectual property rights in it are owned by or validly licensed to us.
Software and related documentation provided in relation to the Service is only provided in relation to your use of the Service and are not provided, or to be used, for any other purpose. Except where this is part of your legitimate use of the Service you are not permitted to copy, modify, republish, download, display or distribute all or any part of such software or documentation in any form or media or by any means. Nor are you permitted to reverse compile, disassemble, or reverse engineer such software or make use of such software or documentation to build a product or service which competes with our Service.
This section sets out our entire liability to you in respect of any breach of Contract or any use made by you of the Service.
The Service is provided on an ‘as is’ basis and we do not guarantee that the Service will be suitable for your intended use. However, nothing in these Terms seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
Subject to the paragraph above, we exclude all other liability to the extent permitted by law and we shall not be liable for any loss of business, loss of profit, loss or corruption of data or for any indirect or consequential loss. Except for liabilities we have expressly not excluded, our total aggregate liability arising under the Contract or otherwise relating to the Service shall be limited to the total of subscription fees paid by you in the one month period preceding the date on which the claim arose, or where you have paid for a block period in advance, the average monthly charge for that period.
General legal provisions
We shall have no liability to you under the Contract if we are prevented from or delayed in performing our obligations under the Contract or from carrying on our business by acts or events beyond our reasonable control.
If we choose to waive any particular right we have under the Contract on any particular occasion this does not prevent us from exercising that right on another occasion.
If any part of the Contract is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Contract.
You are not entitled to transfer or assign your rights and obligations under the Contract to anyone else without our prior written permission.
If there are any disputes arising out of your use of the Service or relating to the Contract then these will be governed by the laws of Scotland. If either party require to raise court proceedings in relation to any such dispute then these proceedings must be raised in Scotland.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
If you wish to contact us in writing or a provision of these Terms requires you to give us a notice in writing (for example, to cancel the Contract), please do so by email at email@example.com. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address details provided by you when setting up, or updating, your Account.