Terms of Use

Terms of Use

Effective: 9 March 2017

Thanks for using Sentencing Guidelines App. These terms of service (“Terms”) cover your use of and access to our services, client software and data updates (“Services”). Your agreement is with Ambay Software Ltd. a United Kingdom based limited company. Our Privacy Policy explains how we collect and use your information. By using our Services, you are agreeing to be bound by these Terms, our Privacy Policy. If you’re using our Services for an organisation, you are agreeing to these Terms on behalf of that organisation.

Your Permissions

When you use our Services, you provide us with information including your email address and contact information sufficient for us to provide you with information about software and judicial updates. We need your permission to use your contact information to provide our service. This permission extends to our affiliates and trusted third parties we work with.

Software

Some of our Services allow you to download updates to your client software (“Software”) which may be updated automatically. As long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable licence to use the Software. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Beta Services

We sometimes release products and features that we are still testing and evaluating. Those Services have been marked as beta, preview, test flight, early access or evaluation (or words or phrases with similar meaning) and may not be as reliable as Ambay Software Ltd. other Services.

Our Software & Services

The Software and Services are protected by copyright, trademark and other UK and foreign laws. These Terms don’t grant you any right, title or interest in the Software or Services, others’ content in the Software or Services. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported directly to Ambay Software Ltd. using our published company address, customer support electronic mail address (support@ambay.com) or by telephone to 01978 227690 or for international calls to +44 (0)1978 227690. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. For notice of alleged copyright infringement on the Software or Services contact:

Ambay Software Ltd. Pure Offices Plato Close Leamington Spa Warwickshire CV34 6WE United Kingdom support@ambay.com

Annual Subscription

This App requires an Annual Subscription at a current cost of GBP £24.99 to maintain judicial content and provide access to tools and utilities. The Annual Subscription is available as an In-App purchase from the Purchases page within the App.

  • The length of the Data Update subscription is 12 months from the date of purchase. This subscription period shall include updates to The Sentencing Council Magistrates’ Court Sentencing Guidelines, Bench Books and Pronouncement Cards issued by the Judicial College.

  • Payment will be charged to your iTunes Account at confirmation of purchase.

  • Information about the purchased Data Update Annual Subscriptions may be viewed by the user by going to the user’s iTunes Account Settings after purchase.

  • No refund of the current subscription is allowed during active subscription period.

  • This Annual Subscription is configured as an auto-renewing subscription which can be changed to not auto-renew from your Apple iTunes Account.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:

(a) you’re in breach of these Terms, or

(b) you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users.

We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

We won’t provide notice before termination where:

(a) you’re in material breach of these Terms,

(b) doing so would cause us legal liability or compromise our ability to provide the Software or Services to our other users, or

© we’re prohibited from doing so by law.

Services “AS IS”

We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, AMBAY SOFTWARE LTD, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO – THIS INCLUDES ANY LIABILITY FOR AMBAY SOFTWARE LTD.’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL, OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, AMBAY SOFTWARE LTD., ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:

i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR

ii. ANY LOSS OF USE, DATA, BUSINESS OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT AMBAY SOFTWARE LTD. OR ANY OF ITS AFFILIATES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSES, AMBAY SOFTWARE LTD., ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. AMBAY SOFTWARE LTD. AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF GBP £20 USD OR 100% OF ANY AMOUNT YOU’VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH AMBAY SOFTWARE LTD.

Resolving Disputes

Informal Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Ambay Software Ltd., you agree to try to resolve the dispute informally by contacting support@ambay.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Ambay Software Ltd, must notify the other party in writing.

Judicial forum for disputes. You and Ambay Software Ltd. agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the United Kingdom. Both you and Ambay Software Ltd. consent to venue and jurisdiction in such courts. If you reside in a country (for example, a European Union member state) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

Controlling Law

These Terms will be governed by the Laws of England and Wales.

Entire Agreement

These Terms constitute the entire agreement between you and Ambay Software Ltd. with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to better reflect:

(a) changes to the law,

(b) new regulatory requirements, or

© improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated Terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

Contacts

E-mail: support@ambay.com Phone: +44 (0)1978 227690 or +44 (0)1926 937255 © Ambay Software Ltd. 2017. All Rights Reserved.