Terms of Use | Intelligentforms

About us

Intelligentforms is a service of Welltime Limited, registered in Scotland under company registration number SC 261 793, VAT number: GB 843 0842 36 and ICO registration number: Z9125305 01672722, with its registered office at 52 Gordon Drive, Glasgow, G44 3TN, UK (“Intelligentforms”).

For further information see the “About Us” tab on www.intelligentforms.co.uk

About these terms

These terms apply to your use of Intelligentforms’s website at www.Intelligentforms.co.uk.

By accessing the website you are deemed to have accepted these terms. If you do not agree to them you must stop using the site.

These terms may be revised from time to time without notice. You are responsible for reviewing these terms on each occasion that you visit the website and if you continue to use the site after changes to these terms are made you are deemed to have accepted them.

Intellectual Property Rights

The design and content of this website is protected by copyright and is owned by Intelligentforms. All rights are reserved. The exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction of this website by any means and in any form, in whole or in part, and to make this website available to the public, and to distribute any copyright protected material in or on the site (including, without limitation, any online software or services) shall remain with Intelligentforms. You agree not to copy, adapt, alter or create any derivative work from any material on this site, or to restrict or inhibit the use or enjoyment of this site by anyone else.

Intelligentforms owns various trade marks and registered trade marks. You may not use those trade marks, or any third party trade marks that appear on this website, other than as permitted by express written licence from Intelligentforms. In particular, but without limitation, you may not use the trade marks as meta-tags nor may you sponsor them in search engines. All goodwill in your legitimate use of the trade marks shall accrue to Intelligentforms. Please notify us immediately if you become aware of any infringement of Intelligentforms trade marks.

All intellectual property rights in the website are the property of Intelligentforms.

Community areas

Certain areas of our site are reserved for registered users, for example the online survey, poll and forum pages. Additional terms may apply to these areas, such as specific acceptable use policies or specific terms for buying products or services which are available only to registered users.

Please make sure any information you provide to us is up-to-date and accurate, and let us know of any changes as soon as you can.

You will be responsible for keeping your user name and password confidential and secure and for all use made of your account, whether or not it is used by you or with your authority. Please notify us immediately you become aware of any unauthorised use or other security breach and always ensure you close your browser at the end of each session.

You may not assign or sub-license any rights we grant you as a registered user.

Acceptable use

It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of this website, including the community areas. In general, we will not tolerate any use of our website which damages or is likely to damage our reputation, the availability or integrity of the website or which causes us or threatens to cause us to incur any legal, tax or regulatory liability.

We therefore ask you to treat our website with respect, and not to use the site or our products or services for any illegal purpose, or in such a way as to infringe or breach other’s rights or to cause or threaten to cause us damage. We also ask you to comply with any relevant notices, policies and terms imposed by third parties whose website, products or services you access through our site.

We reserve the right to suspend the use of our site generally or block your access to any part of the site and/or to suspend or terminate your rights to use the site or any part of it if we suspect misuse. We shall then report any misuse of our site to the relevant enforcement or other authorities and to our advisers. We further reserve the right to disclose any evidence we have which relates directly or indirectly to misuse.

Links

Links to this website are permitted, subject to first obtaining our prior written consent although we reserve the right to withdraw such consent at any time. Links must only be made to the home page of this website and you are not entitled (nor shall you assist others) to set up links from your own website to this website by deep-linking, framing or otherwise, without our prior written consent. Such consent may be withheld at our absolute discretion, and without the need to provide a reason.

This website includes links that allow you to leave this website and visit third party sites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.

Cookies

We use cookies on this website. Further information about cookies, how we use them to store and access information about you and how you can elect to refuse their use can be found in our Privacy Policy.

Privacy

This website includes areas where you are requested to input information about yourself. Any personal data you submit to us through this website shall be subject to the terms of our Privacy Policy.

Disclaimer of representations and warranties

We take steps to ensure that all information we provide on this website about our software and services is correct and complete at the time of the last update to the relevant page but we do not warrant it will be correct and complete.

Use of this website is free and we take steps to ensure it is available to all permitted users, including disabled users. We do not warrant that the site will be continuously available, or that your use of the site will be uninterrupted or error-free, or that the site and server will be free from attack.

Separate, limited warranties which apply to Intelligentforms products and services sold through this site are set out in our Terms and Conditions of Supply and, if applicable, in any specific terms.

Online Purchases

This website contains an online shop that allows the purchase of products and services from Intelligentforms.

The steps you need to take to conclude a contract with us are set out in our Online Shop Terms of Supply and can be summarised as follows:-

Check variable information such as prices and the range and descriptions of our products and services – please note that we reserve the right to correct any inaccurate information such as typographical errors, even if you have already submitted your order to us;
Make sure you read and understand our terms of supply. Please note that we are a business to business supplier and our products and services are not intended for use by the general public;
Complete your order – please make sure the information is correct and complete and select the method of payment. You may use the online shop’s display and editing functions to identify and correct inputs prior to placing your order;
Place your order – and we will acknowledge receipt of the order;
Wait for our acceptance of your order – which is normally given but in certain circumstances we reserve the right to reject an order. If your order is accepted there will then be a contract between us. Please note that we will not file a copy of the concluded contract or make it accessible on-line.
Any third party products and services available from our online shop are subject to the third party’s terms and conditions, and are not endorsed or warranted by us.

If you place an order through this online shop, we strongly encourage you to print out and retain copies of that order, our terms of supply and any descriptions of the products and services you have bought.

Surveys Online Shop Terms of Supply

About these terms

These terms apply to the supply of products and services made available for sale on Intelligentforms’s online shop on the website www.Intelligentforms.co.uk.

Please read these terms and conditions carefully before ordering any products or services from the Intelligentforms online shop, as by ordering any of our products or services you agree to be bound by these terms and conditions. You may wish to print a copy of these terms and conditions for future reference.

Please note that there are terms of use applicable to www.Intelligentforms.co.uk to which you must agree in order to access the shop via the website.

About you

By placing an order through the Intelligentforms online shop, you make a binding contractual promise (or ‘warranty’) that:

(a) you are legally capable of entering into binding contracts; and

(b) you are at least 18 years old; and

(d) you are authorised by that business entity to place orders on its behalf

The contract for purchases from Intelligentforms’s online shop

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product or service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by dispatching your order, together with an invoice or dispatch note. In the case of online services dispatch includes sending you a download link. The contract between us will only be formed when we send you the invoice or dispatch note. If we do not accept your order for any reason we will attempt to contact you.

The contract will relate only to those products or services whose dispatch we have confirmed in the invoice or dispatch note. We will not be obliged to supply any other products or services which may have been part of your order until the dispatch of such products or services has been confirmed in a separate invoice or dispatch note.

You may cancel your order before we dispatch it to you. Once we have dispatched your order, you may cancel the contract relating to the use of the product or service by following the Intelligentforms Returns & Cancellation Policy.

If you have any statutory rights, this provision does not affect them.

Third party products, services and websites

Please note that in some cases we accept orders as resellers of third party products and services and we may also provide links on our website and online shop to the websites of other companies, whether affiliated with us or not.

The contract to use those third party products and services will be between you and that third party and is subject to their terms and conditions. You should carefully review those terms and conditions.

We cannot promise that third party products or services which you purchase through our online shop, or from companies to whose website we have provided a link, will be of satisfactory quality, and we do not give any promise about those companies or their products and services. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

Availability and delivery

We aim to fulfill your order within 2-3 working days or, if not, within a reasonable period. If we cannot fulfill it within 2-3 working days, we will inform you at that time by contacting you directly.

Handover of responsibility for and ownership of purchases

You will be responsible for looking after the products and services from the time of delivery to your delivery address, or other location you gave for delivery.

Ownership of the products or services will only pass to you when we receive full payment of all sums due in respect of the products and services, including any delivery charges. As specified within the relevant terms accompanying the product or service, if the products or services consist of intellectual property, we only transfer ownership of the disk or other media which the product or service is recorded on.

Price and payment

The price of products and services will be as quoted on the Intelligentforms online shop from time to time, except in cases of error. Prices may be quoted in a variety of currencies but payment will always be taken in £ sterling. The initial amount shown will be the price excluding sales taxes and delivery charges. Sales taxes such as VAT will be calculated during the order process as will delivery charges and they will be made clear to you as your order proceeds. They will be displayed within the total amount due prior to you paying for your order.

We may change our prices at any time, but changes will not affect orders for which we have already sent you an invoice or dispatch note.

Our online shop contains a large number of products and services and it is always possible that, despite our best efforts, some of the products and services may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product or service’s correct price is less than our stated price, we will charge the lower amount when dispatching the product or service to you, although we are under no obligation to do so. If a product or service’s correct price is higher than the price stated on the online shop, we will normally, at our discretion, either contact you for instructions before dispatching the product or service, or reject your order and notify you of such rejection.

Payment for all products and services ordered through the Intelligentforms online shop must be by credit or debit card. We accept payment by the credit and debit cards which are displayed on the card payment web page. If you are paying by credit or debit card we will charge it when you click the order button. This charge will automatically be confirmed to you. You should print out or save a copy of this confirmation for your own records.

Import duties

If you order products or services from the Intelligentforms online shop for delivery outside the U.K., they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Refunds

Please see the terms of the agreement which accompanied your product or service, together with the Intelligentforms Returns & Cancellation Policy, for details of how you may cancel that agreement, for example if you do not agree with those terms.

Warranty and liability

We warrant that we will use our reasonable efforts to supply you with the products and services you have ordered within a reasonable period. To the extent permitted by law this overrides any warranty that may be implied into this contract by law. Any warranty about the products or services purchased from us through the Intelligentforms online shop is described in the agreement which accompanied the products or services.

To the extent permitted by law our liability for losses you suffer as a result of us breaking this contract is limited to the purchase price of the relevant products or services which we supplied to you.

To the extent permitted by law, we are not responsible for indirect losses which happen as a side effect of the main loss or damage which you make a claim for or loss of income or loss of revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, however arising and however caused, even if foreseeable; and in each case whether caused directly or indirectly.

None of the foregoing excludes in any way our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Intelligentforms online shop you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your statutory rights.

Notices

All notices given by you to us must be given to us at accounts@welltime.co.uk. If your notice is about legal proceedings please send a paper copy to our registered office, marked for the attention of Head of Operations. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in the written communications paragraph above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control.

Our performance under any contract is deemed to be suspended for the period that the event outside our reasonable control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the event outside our reasonable control to a close or to find a solution by which our obligations under the contract may be performed despite the circumstances.

Waiver

If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing as a valid notice in accordance with these terms of supply.

Severability

If any of these terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement

These terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

Our right to vary these terms and conditions

We have the right to vary these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, changes in our business strategy and operations and changes in our system’s capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order products or services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority, in which case it will apply to orders previously placed by you. If we notify you of the change to those policies or these terms and conditions before we send you the invoice or dispatch note we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within ten days of receipt by you of the products or services.

General

If a court or other competent authority holds any of these terms to be void or unenforceable in whole or part, the other terms and the remainder of the affected term shall continue to be valid.

Nothing in these terms shall exclude or limit our liability for death or personal injury due to our negligence or our liability for fraudulent misrepresentation.

If you are a consumer, your legal rights are not affected by these terms.

Our failure to exercise, or delay in exercising, a right or remedy provided by these terms of use, or by law, does not constitute a waiver of those or any other rights or remedies, neither shall it be construed as a waiver of any future rights or remedies.

These terms and the use of this website and its content as well as contracts for the purchase of products or services through the Intelligentforms online shop shall be governed by and construed in all respects in accordance with Scottish law, and you agree to submit to the exclusive jurisdiction of the Scottish courts.