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Parago Software Limited – Parago User Terms and Conditions

Updated: Oct 12, 2012

1. ABOUT THESE TERMS

Parago Software Limited (Parago) is the legal and beneficial owner and licensor of the Parago asset management software and is willing to license you (the Customer) to use this product in accordance with these terms and conditions.

These terms and conditions contain important information on your agreement with Parago for an Annual Subscription to the Software

2. DEFINITIONS

These definitions and rules of interpretation apply to this Agreement:

Agreement: the Order Form and these terms and conditions forming the contract between Parago and the Customer.

Customer System: the computer system and user terminals belonging to the Customer.

Intellectual Property Rights: all patents, copyrights, design rights, trade marks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world.

Licence Fee: the fee payable by the Customer to Parago for the Software, as set out in the Order Form.

Order Form: the completed checkout information on Parago's website indicating product selection, purchasing option and Customer details.

Software: each software package or service supplied by Parago and installed or used on the Customer System.

In the case of conflict or ambiguity between any provision contained in these terms and conditions and any provision contained in the Order Form or Parago's website, the provision in these terms and conditions shall take precedence.

3. DELIVERY

The customer will receive an email link to their home account within 72 hours of cleared payment by debit or credit card. The email link will be sent to the customer's chosen email account as stated on the order form.

4. LIFETIME SUBSCRIPTION

In consideration of the Licence Fee paid by the Customer to Parago, Parago will grant to the Customer a non-exclusive and non-transferable licence to use the Software for a lifetime period of 10 years from payment of the Lifetime Subscription Licence Fee.

5. USE OF THE SOFTWARE

Use of the Software shall be restricted for domestic, non-commercial home use only, in accordance with these terms and conditions and any guidance or instructions on acceptable use or method of use.

The Customer may not use the Software for any other purpose without the prior written consent of Parago and the Customer acknowledges that additional fees may be payable on any change of use approved by Parago.

The Customer has no right to sub-license or to assign the benefit or burden of this Agreement in whole or in part, or to allow the Software to become the subject of any charge, lien or encumbrance without the prior written consent of Parago.

Parago may make available to the Customer and the Customer may use (subject to these terms and conditions) any free supplementary software code or update of the Software incorporating "patches" and corrections of errors as may be provided from time to time.

Parago may sub-license, assign, charge or otherwise transfer any of its rights or obligations under this Agreement, provided it gives written notice to the Customer of any sub-licence, assignment, The Customer shall permit Parago to inspect and have access to its premises, and the Customer System, at or on which the Software is being kept or used for the purposes of ensuring that the Customer is complying with the terms of the Agreement, provided that Parago provides reasonable advance notice to the Customer of such inspections, which shall take place at reasonable times.

6. FEES

The Customer shall pay to Parago the Licence Fee for the Software By credit or debit card on the Order Form. All sums payable under the Agreement are inclusive of VAT, for which the Customer shall be responsible.

7. PARAGO'S LIABILITY - THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION

The Customer acknowledges that the Software may not be free of bugs or errors and agrees that the existence of any minor errors shall not constitute a breach of this Agreement.

The Customer accepts responsibility for the selection of the Software to achieve the intended results.

If Parago or the Customer fails to comply with these Terms and Conditions neither party shall be responsible for the losses of the other, except for those losses which Parago or the Customer could reasonably foresee would result from the failure to comply with these Terms and Conditions. Such losses shall include but not be limited to, losses that fall into the following categories:

  1. loss of income or revenue;
  2. loss of profit;
  3. loss of business;
  4. loss of anticipated savings; or
  5. loss of data.

This clause 7 does not exclude or limit in any way Parago's liability for:

  1. death or personal injury caused by its negligence; or
  2. fraud or fraudulent misrepresentation; or
  3. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude liability

8. INTELLECTUAL PROPERTY RIGHTS

The Customer acknowledges that all Intellectual Property Rights in the Software belong to Parago, and the Customer shall have no rights in or to the Software other than the right to use it in accordance with the terms of this Agreement.

9. TERMINATION

Parago may terminate this Agreement immediately by written notice if:

  • the Customer commits a material or persistent breach of this Agreement which it fails to remedy (if remediable) within 14 days after service of written notice
  • Upon termination for any reason:
  • all rights granted to the Customer under this Agreement shall cease;
  • the Customer shall cease all activities authorised by this Agreement;
  • the Customer shall immediately pay to Parago any sums due to Parago under this Agreement;
  • the Customer shall immediately destroy or return to Parago (at Parago's option) all copies of the Software then in its possession, custody or control and, in the case of destruction, certify to Parago that it has done so; and
  • Parago shall have no obligations under this Agreement to the Customer's data except to the extent Parago has any obligation at law.

9a. CANCELLATION

The Customer can cancel the order within 7 days of order. A full refund will be credited to their credit or debit card subject to their account having not been used.

The Customer may not cancel the order if, at the Customer's request, Parago has already supplied the Software

10. WAIVER

No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.

11. SEVERABILITY

If any provision of these terms and conditions is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

12. THIRD PARTY RIGHTS

The provisions of these terms and conditions are between the Customer and Parago and are not intended to confer a benefit on, or to be enforceable by, any person who is not a party to this Agreement.

13. NOTICES

Any notice required to be given pursuant to this Agreement shall be in writing, and shall be sent by first class mail to the other party. Correctly addressed notices sent by first-class mail shall be deemed to have been delivered 72 hours after posting.

14. ENTIRE AGREEMENT

This Agreement and any documents annexed or exhibited to these terms and conditions or otherwise referred to herein contain the whole agreement between the parties relating to the subject matter hereof and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

15. GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with English law and each party hereby submits to the non-exclusive jurisdiction of the English courts.

16. PRIVACY POLICY

What information do we collect?

We collect information from you when you register on our site, place an order or subscribe to our newsletter.

When ordering on our site you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information when ordering through PayPal or Google Checkout. You may, however, visit our site anonymously.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

  • To process transactions - Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
  • To send periodic emails - The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

No personal information is required when registering a readyclaim home account. Communication with the readyclaim system is enciphered during the log in process to protect your password from being intercepted and once you are logged in the readyclaim system will ensure that connections come from the same computer.

Do we use cookies?

We use cookies to store your username when logging into the website. No other personal information is held.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Your Consent

By using our site, you consent to our websites privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

 
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