BACKGROUND:
Please ensure you read our terms before agreeing to use the software service JustShipIT.
This Policy applies as between you, the User of this Web Site, software service JustShipIT and JUST APPLICATIONS LTD the owner and provider of this Web Site. This Policy applies to our use of our services, software and data collected by us in relation to your use of the Web Site and any Services or Systems provided therein.
Once you have committed to ordering and using our software service JustShipIT you are bound to the terms outlined below. Just Applications Limited the company whom owns the rights to JustShipIT reserve the right to change these terms at any time. Existing and new customers are expected to check our terms to see the updates.
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account” |
means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site; |
“Content” |
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; |
“Cookie” |
means a small text file placed on your computer by JUST APPLICATIONS LTD when you visit certain parts of this Web Site. This allows us to identify recurring visitors and to analyse their browsing habits within the Web Site. Where e-commerce facilities are provided, Cookies may be used to store your name and email address; |
“Data” |
means collectively all information that you submit to the Web Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems; |
“Company” |
means the name of your business and or trading name if applicable. We may also store your physical address. |
“Service” |
means collectively any online facilities, tools, services or information that JUST APPLICATIONS LTD makes available through the Web Site either now or in the future; |
“System” |
means any online communications infrastructure that JUST APPLICATIONS LTD makes available through the Web Site either now or in the future. This includes, but is not limited to Software as a service JustShipIT, web-based email, message boards, live chat facilities and email links; |
“User” / “Users” |
means any third party that accesses the Web Site and is not employed by JUST APPLICATIONS LTD and acting in the course of their employment; |
“Web Site” |
means the website that you are currently using (and any sub-domains of this site (e.g subdomain https://apps.justapps.uk & .https://app.justshipit.co.uk). |
“JustShipIT” |
means the software as a service provided by JUST APPLICATIONS LTD (available to login via the subdomain https://apps.justapps.uk & .https://app.justshipit.co.uk). |
2. Data Collected
Without limitation, any of the following Data may be collected:
2.1 name;
2.2 date of birth;
2.3 gender;
2.4 job title;
2.5 profession;
2.6 contact information such as email addresses and telephone numbers;
2.7 demographic information such as post code, preferences and interests;
2.8 financial information such as credit / debit card numbers;
2.9 IP address (automatically collected);
2.10 web browser type and version (automatically collected);
2.11 operating system (automatically collected);
2.12 a list of URLS starting with a referring site, your activity on this Web Site, and the site you exit to (automatically collected); and
2.13 Cookie information (see Clause 10 below).
3. Our Use of Data
3.1 Any personal Data you submit will be retained by Just Applications for as long as you use the Services and Systems provided on the Web Site. Data that you may submit through any communications System that we may provide may be retained for a longer period of up to six months.
3.2 Unless we are obliged or permitted by law to do so, and subject to Clause 6, your Data will not be disclosed to third parties.
3.3 All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security, see Clause 9 below.
3.4 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Web Site. Specifically, Data may be used by us for the following reasons:
3.4.1 internal record keeping;
3.4.2 improvement of our products / services;
3.4.3 transmission by email of promotional materials that may be of interest to you;
3.4.4 contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Web Site.
4. Third Party Web Sites and Services
Just Applications Ltd may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. Any Data used by such parties is used only to the extent required by them to perform the services that Just Applications Ltd requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.
5. Changes of Business Ownership and Control
5.1 Just Applications Ltd may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.
5.2 In the event that any Data submitted by Users will be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will not be given the choice to have your Data deleted or withheld from the new owner or controller.
6. Controlling Access to your Data
6.1 Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:
6.1.1 use of Data for direct marketing purposes; and
6.1.2 sharing Data with third parties.
7. Your Right to Withhold Information
7.1 You may access certain areas of the Web Site without providing any Data at all. However, to use all Services and Systems available on the Web Site you may be required to submit Account information or other Data.
7.2 You may restrict your internet browser’s use of Cookies. For more information see Clause 10 below.
8. Accessing your own Data
8.1 You may access your Account at any time to view or amend the Data. You may need to modify or update your Data if your circumstances change. Additional Data as to your marketing preferences may also be stored and you may change this at any time.
8.2 You have the right to ask for a copy of your personal Data on payment of a small fee.
9. SECURITY
9.1 Data security is of great importance to Just Applications Ltd and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online.
9.2 Just Applications LTD shall provide reasonable assistance to the Customer in ensuring its compliance with its obligations under the Data Protection Legislation in respect of security of Personal Data, notifications of breaches of Data Protection Legislation to supervisory authorities, communications of breaches of Data Protection Legislation to Data Subjects, the carrying out of data protection impact assessments and any consultations with supervisory authorities.
10. Cookies
10.1 JUST APPLICATIONS LTD may set and access first-party Cookies on your computer. Cookies that may be placed on your computer are detailed in Schedule 1 to this Policy. These Cookies are integral to the services provided by the Web Site to you.
10.2 You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of Services available on the Web Site.
10.3 You may delete Cookies, however you may lose any information that enables you to access the Web Site.
10.4 Please ensure that your internet browser is up-to-date and consult the help and guidance provided by the developer of your browser if you are unsure as to how to adjust your privacy settings.
11. Subscriptions & Payments
11.1 Customer shall pay JUST APPLICATIONS LTD all Charges confirmed in the Order PRIOR TO THE DUE DATE, upon receipt of payment a VAT invoice will be generated.
11.2 In the Event of a NON PAYMENT, access to the software service JustShipIT will be suspended and associated data DELETED within 7 days of non payment.
11.3 Except for as otherwise set out in this Agreement, all payments to JUST APPLICATIONS LTD are non-refundable and non-cancellable. Specifically, Customer’s loss of business, loss of Services due to non-payment, or Customer’s failure to use the Services will not be cause for any refund to Customer from JUST APPLICATIONS LTD. Customer shall reimburse JUST APPLICATIONS LTD collection costs incurred in attempting to collect any overdue payments, including reasonable legal fees..
12. Subscription, Upgrades, REFUNDS & Cancellations
12.1 Our product is deemed as a non-tangible item and therefore excempt from PayPal seller protection policies.
12.2 We offer a free trial for a period of 7 days after which a subscription can be purchased
12.2 Monthly Subscriptions
If you decide to cancel your JustShipIT software license we will be unable to issue a refund and the system will remain available for the remainder of the month.
12.3 Annual Subscriptions
If you decide to cancel within 90 days of payment, we will be able to offer you a refund 50% of your annual subscription (EXCLUDING ONE OFF SETUP CHARGES). If you cancel after the 90 days of your annual subscription, we will be unable to provide a refund.
12.4 Payment should be made before the subscription’s expiry date (the due date of the order). The start date for the renewal of the subscription is when the last subscription period expired, it is not from the date of purchase/renewal.
12.5 A customer can upgrade their JustShipIT subscription at any time to a different plan.
12.6 Licences and Subscriptions of JustShipIT are not for Resale, unless specified by a separate agreement by JUST APPLICATIONS LTD.
12.7 ACCOUNTS THAT REMAIN UNPAID FOR A PERIOD OF 7 (SEVEN) DAYS WILL BE AUTOMATICALLY DELETED.
13. WARRANTY
THE SOFTWARE SERVICE JUSTSHIPIT IS PROVIDED TO CUSTOMER ON AN “AS IS” BASIS. JUST APPLICATIONS LTD DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT AS EXPRESSLY AND SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE CUSTOMER ASSUMES SOLE RESPONSIBILITY FOR RESULTS OBTAINED FROM THE USE OF THE JustShipIT SOFTWARE SERVICES, THE SOFTWARE AND THE DOCUMENTATION BY THE CUSTOMER, AND FOR CONCLUSIONS DRAWN FROM SUCH USE. JUST APPLICATIONS LTD SHALL HAVE NO LIABILITY FOR ANY DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION, INSTRUCTIONS OR SCRIPTS PROVIDED TO JUST APPLICATIONS LTD BY CUSTOMER IN CONNECTION WITH THE SERVICES OR THE JustShipIT SOFTWARE, OR ANY ACTIONS TAKEN BY JUST APPLICATIONS LTD AT THE CUSTOMER’S DIRECTION;
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, JUST APPLICATIONS LTD DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED. JUST APPLICATIONS LTD EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
14. LIMITATION
JUST APPLICATIONS LTD PROVIDES THE SOFTWARE SERVICE JUSTSHIPIT AND IS NOT LIABLE TO CUSTOMER FOR ANY SPECIAL, EXEMPLARY, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING LOSS OF BUSINESS OR PROFITS, BUT NOT LIMITED TO LOSS OF DATA, BUSINESS INTERRUPTIONS, DELAYS IN IMPLEMENTATION OR ACCESS TO THE SERVICES, LOSS OF ANTICIPATE SAVINGS, SHIPPING COSTS ASSOCIATED WITH INVENTORY, LOSS OF CONTRACT, DEPLETION OF GOODWILL AND/OR SIMILAR LOSSES OR LOSS OR CORRUPTION OF DATA OR INFORMATION) EVEN IF EITHER PARTY WAS AWARE OF THE POSSIBILITY THAT SUCH LOSS OR DAMAGE MIGHT BE INCURRED BY THE OTHER.
JUST APPLICATIONS LTD has no responsibility for the quality or availability of goods OR services provided by CUSTOMER, any BUYER’s ability to pay, any third party’s compliance with the terms of a transaction, or for any injury, loss or damage caused or alleged to have been caused by the goods or services obtained by a buyer or sold by CUSTOMER through use of the Services.
IN ANY EVENT, JUST APPLICATIONS LTD’S TOTAL MAXIMUM LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING SUCH CLAIM (EXCLUDING ONE-OFF SETUP CHARGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE JURISDICTIONS, SUPPLIER’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES, THAT THE SAME REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES, AND THAT ABSENT THESE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
15. TECHNICAL SUPPORT
Technical support is offered on a free of charge basis limited to 1 (ONE) hour per month, additional support is charged at £75 per hour, telephone support, helpdesk tickets and live chat is available during the standard business hours , which means 9.00am to 5.00pm Monday to Friday (UK time) on a day that is not a public holiday. Helpdesk tickets may be raised outside of this time but will be read on the next available working day.
16. GENERAL
This Agreement, and any dispute or claim arising out of or in connection with this Agreement (including any non-contractual disputes or claims), shall be governed by laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement (including any non-contractual disputes or claims).
Customer shall not, without JUST APPLICATIONS LTD’S prior written consent, during the Term, engage, employ or otherwise solicit for employment any employee, agent or contractor of JUST APPLICATIONS LTD who has been involved in the performance of this Agreement.
Neither party shall be liable to the other as a result of any delay or failure to perform their respective obligations under this Agreement as a result of a Force Majeure Event. If the Force Majeure Event prevents JUST APPLICATIONS LTD from providing any of the Services for more than 90 days, Customer shall, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by giving written notice to JUST APPLICATIONS LTD.
17. Platforms & Integrations
JustShipIT allows interation to eBay, Amazon and other leading selling platforms, each subscription is limited to a maximum of 10 platforms, if additional platforms are required, then additional subscriptions may be purchased.
RoyalMail has an additional cost due to the charges they charge, these are passed on as an extra charge to you.
18. Changes to this Policy
Just Applications Ltd reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Web Site and you are deemed to have accepted the terms of the Policy on your first use of the JustShipIT SOFTWARE or Web Site following the alterations.
19. COMPANY INFORMATION
JustShipIT is a software as a service owned by JUST APPLICATIONS LTD, registered in England and Wales under Company Number 05986601, VAT Registration: GB 905 6142 42. 90, Whitehouse Common Rd, Sutton Coldfield, B75 6HD, United Kingdom.