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FB One App Terms and Conditions

The following terms and conditions apply to users of the FB One App (“One App”) provided by Trak (Global Solutions) Limited, trading as IMS (“IMS”):

1. Grant of FB One App Licence. IMS hereby grants you a personal, non-transferable, non-exclusive, royalty-free licence (the “FB One App”) to access and use the One App during the Usage Period stated in Clause 2 below, solely for the purposes of evaluating the FB One App for use in your business, and subject to the other terms and conditions set out below. During the Usage Period, you may make such use of the FB One App as you reasonably require in order to evaluate it for future use in your business, but not for any other purpose.

2. Usage Period. The usage of the FB One App Licence shall last for a period of 14 days only (the “Usage Period“).

3. Consequences of expiry. On expiry of the Usage Period, access to the FB One App will no longer be possible. The app will automatically cease to operate at that time.

4. Termination. This licence may be terminated during the Usage Period:

  1. by IMS giving written notice, with immediate effect, if you are in breach of any of your obligations set out in these terms and conditions; or
  2. by you giving 7 days’ written notice.

5. Consequences of termination. Upon expiration of the FB One App Licence:

  1. you must within 2 working days return to IMS all copies of all or part of the FB One App that you have on any tangible medium, together with any documents containing any item of FB One App proprietary information;
  2. you must within 2 working days completely delete all electronic copies of all or any part of the FB One App and/or IMS proprietary information; and
  3. IMS will remove from the FB One App system all data that you have entered during the Usage Period.

6. Data protection. To the extent that we hold or process any personal data provided by you in the course of this FB One App Licence, we will process such personal data in accordance with our privacy policy.

7. Intellectual property rights. IMS owns all intellectual property rights in the FB One App and all related documentation. Nothing in these terms and conditions confers on you any intellectual property or other rights in relation to the FB One App or the documentation, other than the right to use it under Clause 1. If a third party notifies you of any claim that the use of the FB One App infringes its rights, you must immediately notify IMS, and must if so requested by IMS immediately cease use of the FB One App.

8. Liability. Save for death and personal injury caused by IMS negligence, IMS shall have no liability of any kind in any circumstances whatever to you in respect of the FB One App. IMS shall have no liability in any circumstances whatever for any data loss or corruption, and you acknowledge and agree that you have sole responsibility for protecting your data during evaluation of the FB One App.

11. One Licence per company. Only one Usage Period per company is allowed, and further attempts to set up an FB One App Licence will be rejected. You must not allow any person to access the FB One App unless that person is an employee of your company. If IMS becomes aware that you are using the FB One App with persons who are not employed by your company, IMS will immediately terminate this FB One App Licence and prevent any further access you or your user to the FB One App.

12. No warranties. Except as expressly stated in these terms, no representations, conditions, warranties or other terms of any kind are given in respect of the FB One App, and all statutory warranties and conditions are excluded to the fullest extent possible.

13. Variations. IMS reserves the right (a) to change the FB One App or any of the terms and conditions applicable to the FB One App Licence, and (b) to deny, cancel or remove the FB One App, in each case at any time and for any reason. Any such changes will be announced by IMS on its website. Failure to receive specific notification of a change does not make those changes invalid.

14. Governing law. These terms and conditions and any dispute or claim arising out of or in connection with them or their subject-matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.