If you are using this service as an employee or contractor of one of our customer organisations who have already agreed Terms of Use (either online or in paper form) you can stop reading now – these online terms of use do not apply to you.
This document states the terms upon which the NetDocuments service (the"Service") offered by NetDocuments Limited ("NetDocuments")is provided to the following users:
collectively referred to as 'External Users.'
References to 'Customer' mean an organisation which has contracted to use the Service on a fee-paying commercial basis.
References to 'Data Controller,' 'Data Processor,' 'Personal Data,' have the meanings defined in the United Kingdom's Data Protection Act 1998. NetDocuments, acting as Data Processor will comply with the 7th principle of the Data Protection Act. NetDocuments stores all Customer and External User data on a server in the UK. Consistent with the requirements of the 7th principle, NetDocuments shall:
NetDocuments' liability for a breach of the data protection obligations set out above is limited to a maximum of £100 for each event or series of linked events.
In consideration of your free use of the Service, you agree to provide true, accurate, current and complete registration information, including correcting information about yourself submitted as part of an invitation sent by a Customer, and to maintain and promptly update such information to keep it true, accurate, current and complete. You must be at least 18 years of age. Your registration information and personally identifiable data are subject to the NetDocuments' Privacy Policy. This policy is subject to change and is currently found on the NetDocuments Login page accessible at https://www.netdocuments.com/legal/privacy-policy.
Your account is to be used solely by you. Use of an account by more than one person violates these terms of use. You are responsible for maintaining the confidentiality of your password and account. You agree to notify Customer and NetDocuments of any unauthorised use of your account or any breach of security. NetDocuments will not be liable for any loss that you may incur, or may create, as a result of someone else's use of your password or account, either with or without your knowledge or assent. You may not use any other user's account at any time for any reason.
You are solely responsible for the content of your files, and the Service acts only as a medium for your online creation, editing and distribution of documents.
You must not use the Service for any purpose that is unlawful or prohibited in any manner or which could damage, disable, overburden, or impair the Service or network, communications equipment or computers connected to the Service, or which could interfere with any other parties' use and enjoyment of the Service, including the distribution of unsolicited bulk messages.
You must not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through hacking, password mining or any other means, nor shall you commit an act or omission that facilitates such activity by another person.
You must not disable or bypass any functionality of the Service or assist another person's effort to harvest or otherwise collect information about others, including but not limited to user e-mail addresses for spamming or other purposes.
Your use of the Service is permitted on an 'at will' basis. It may be ended by NetDocuments and/or by a Customer without notice. You should not rely on the Service to store data which you need to retain.
The Service and any necessary software used in connection with the Service contains proprietary and confidential information that is protected by intellectual property and other applicable laws. NetDocuments grants you a limited, personal, non-transferable, non-exclusive license, to use the NetDocuments WebFolders software, API, and API-generated or derived utilities, documentation to the extent which they may be provided by the Service. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, build a product using ideas, functions, or graphics similar to, transfer, or sell any information, software, products or services obtained from NetDocuments or the Service.
NetDocuments makes the Service available to External Users on behalf of a Customer. NetDocuments' duties and contractual obligations owed to the Customer are not extended for the benefit of External Users.
EXCEPT FOR THE DATA PROTECTION OBLIGATIONS SET OUT ABOVE, NETDOCUMENTS DOES NOT ACCEPT ANY DUTIES OR OBLIGATIONS DIRECTLY IN FAVOUR OF EXTERNAL USERS.
NetDocuments provides the service "as is" and without any warranty or condition of any kind, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose. NetDocuments does not guarantee uninterrupted, secure or error-free operation of the Service. In no event shall NetDocuments be liable for lost profits or special, incidental, intangible or consequential damages (including but not limited to damages for breach of contract or warranty or for negligence or strict liability) arising out of or in connection with this agreement or the Service, even if NetDocuments has been advised of the possibility of such damages. Nothing in these Terms of Use creates for NetDocuments an obligation to, or right on behalf of, a third party and you are solely responsible for any third party claims arising from your use of the Service. Use of the Service is at your sole risk. Any material downloaded or otherwise received through the use of the Service is done at your own discretion and risk. You are solely responsible for any damage done to your computer system, and/or for any loss of data resulting from use of the Service. No information obtained from NetDocuments or through the Service, whether oral or written, shall create any warranty not expressly stated in these terms of use.
Nothing in these terms shall exclude or limit any liability for fraud or fraudulent misrepresentation or for death or personal injury caused by negligence or for any other liability which may not be excluded by law.
These Terms of Use and any dispute or claim arising out of or in connection with them (including any non-contractual disputes or claims) are governed by and are to be construed in accordance with the laws of England and Wales.
Each of the parties irrevocably submits for all purposes (including any non-contractual disputes or claims) to the exclusive jurisdiction of the courts in England and Wales.
Last Updated: November 17, 2020
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