Additional Product Specific Terms and Conditions

4.2

The Product consists of a Reception App and a Companion App that you must download from the relevant App-Store onto your Device, and a Management Portal through which you may manage your use of the App.

4.3

You may only use the Reception App for the purposes of the Site(s) you have designated in your Order for which you have paid the required Fees. You may increase the number of Sites by placing a new Order and must pay the applicable Fees for the increased number of Sites.

5.1 (a)

Subject to the terms, conditions and restrictions set forth in this Agreement, we grant you a revocable, non-exclusive, non-transferable (without a right to sub-licence) licence to install and use the Companion App during the applicable Subscription Term for the purpose of accessing and managing your use of the Reception App alongside the Management Portal.

5.1 (b)

Unless otherwise specified in your Order, for each Site that you purchase, you may install one production instance of the Reception App on multiple Devices owned or operated by you (or your third party service providers so long as you remain responsible for their compliance with this Agreement), provided that such Devices shall operate within the Site in accordance with clause 4.3.

5.18

The Management Portal should not be used as a back-up facility. The Management Portal allows you to set retention periods for and download Content and Personal Data stored on the Product and you should ensure that you and the Users have adequate back-up facilities for any Content and we shall not be liable for any losses or damages incurred by you or any Users arising out of or in connection with your failure to implement adequate back-up facilities in respect of any Content.

12.3

We will provide reasonable initial remote training for you and Authorised Parties for no additional charge to ensure that you and/or any Authorised Parties are able to perform and understand the key functions of the Product. If additional training is required then additional charges may apply, as will be notified to you in advance and confirmed in a new Order.

12.4

You shall ensure that and shall procure that the Authorised Party ensures that:
12.2.1 appropriate Users are available to participate in the training provided under clause 12.3; and
12.2.1 all Users are appropriately qualified.

17.3

Subject to clause 17.1 and 17.2, you may purchase Third Party Services via the Products to allow you or an Authorised Party access to specific Third Party Services.

17.4

Any fees incurred by you and/or an Authorised Party in connection with the Third Party Services:
17.4.1 shall be payable by you and shall be invoiced by us to you monthly in arrears;
17.4.2 are subject to any credit limit imposed by us from time to time;
17.4.3 may only be used by you and/or Authorised Party for your internal business purposes.

17.5

Where the Third Party Services relate to obtaining identification verification checks (“Third Party Checks”):

17.5.1 you and/or Authorised Party may only use the Third Party Checks for legitimate purposes and in accordance with all applicable laws and regulations, including the Data Protection Laws and any applicable codes of practice;

17.5.2 we shall make available to you and/or Authorised Party the results of such Third Party Checks (“Disclosure Result”) electronically within the Product. Hard copy Disclosure Results will only be provided where requested you and/or Authorised Party and shall be at your cost;

17.5.3 we are not liable for the information contained in the Disclosure Result and shall have no obligation to check, verify or otherwise investigate the information contained within the Disclosure Result; and

17.5.4 you warrant, and shall procure that any Authorised Party warrants, that all Disclosure Results will be handled in accordance with any applicable laws, regulations and codes of practice.

6.6

If you subscribe for a Product which authorises us to collect payments from your customers then your use of such Product is subject to our applicable service fee from time to time. Our service fee is calculated as a percentage of the gross transaction value (inclusive of VAT) per order, booking or reservation (“Bookings”), plus VAT at the prevailing rate (“Booking Fee”). The payment processing service will be operated by one of our payment processing partners such as Stripe and this service is provided subject to clause 17 (Third Party Terms). You will receive an amount equal to the gross transaction value for your Bookings during the relevant payment period, less the Booking Fee, less any relevant adjustments for refunds paid to customers during the relevant payment period.

10.7

Notwithstanding the “Exclusions of Warranties, Limitation of Liability and Indemnity” provisions as set out in clause 10 of the Agreement and the indemnification given by us in clause 10.7 of the Agreement, the Free Products are provided “as-is” without any warranty and we shall have no indemnification obligations nor liability of any type with respect to the Free Products unless such exclusion of liability is not enforceable under applicable law in which case our liability with respect to the Free Products shall not exceed £100.00. Without limiting the foregoing, SIA and its Affiliates and its licensors do not represent or warrant to customer that: (a) customer’s use of the Free Products will meet your requirements, (b) your use of the Free Products will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the Free Products will be accurate. Notwithstanding anything to the contrary in clause 10.7 of the Agreement, you shall be fully liable under this Agreement to SIA and its Affiliates for any damages arising out of your use of the Free Products, any breach by you of this Agreement and any of your indemnification obligations hereunder.