Platform Standard Terms and Conditions

  • Platform Standard Terms and Conditions

    • 1. About this Website and Platform

      eXpressoApp is owned and operated by CRATRR IT Services, registered in England and Wales. References in these terms and conditions to “eXpresso”, “eXpressoApp”, “eXpressoAppUK”, “us” or “we” are references to CRATRR Limited. Your use of the services, information text, graphics and materials provided via or on https://expressoapp.uk or any subdomain and or the eXpresso platform (“Material on this Website/Platform”) are governed by these Terms of Use and our Privacy Policy. By using this website, you agree to be bound by these Terms of Use and accept our Privacy Policy.

    • 2. Links from Other Websites

      You may also be using the eXpresso website as part of a link from another website, or a window or frame in that other website. Regardless of the appearance of the site, your transaction occurs with, and payment is processed by, eXpresso via Stripe.com, subject to the terms and conditions outlined below.

    • 3. Your Privacy is Important

      Your privacy is very important to eXpresso. Please read our Privacy Policy for details on how we collect and handle your personal information.

    • 4. Availability of the eXpresso Website and Platform

      4.1. As electronic services are subject to interruption or breakdown, access to the eXpresso Website and Platform is offered on an “as is” and “as available” basis only. Although we strive for as close to 100% availability on a day-to-day basis, this cannot and will not be guaranteed. 4.2. You are responsible for ensuring that you have alternate contingency plans in place to enable you to take orders or transactions should the eXpresso Website and Platform be unavailable. 4.3. eXpresso may impose limits or restrictions on the use you may make of the eXpresso Website. eXpresso may withdraw the eXpresso Website at any time and with 30 days’ notice.

    • 5. eXpresso Product Information and Acquisition of Products and Services

      5.1. The eXpresso Website contains both information of a general nature about eXpresso’s products and services (the “Products”). 5.2. Where the eXpresso Website enables you to sign-up to the Products: We may enter into a binding contract for the provision of the Products through a process in which eXpresso receives an electronic online form via the eXpresso Website and you electronically communicate your acceptance via tick box of that offer on the online form and submitting via the eXpresso Website; eXpressoApp and its owners may act on and process all completed electronic instructions, messages, requests or communications issued or transmitted to eXpressoApp via the eXpresso Website (each an ‘Electronic Instruction’) without further confirmation from or reference to you; and eXpresso may treat an Electronic Instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Electronic Instruction, or to verify the accuracy and completeness of such Electronic Instruction. 5.3. You must be the account or credit card holder for any Products which you attempt to acquire via the eXpresso Website. 5.4. Creating a binding contract with eXpresso via the eXpresso Website is simple one-step process: You will be required to complete the sign up form. Upon completion, your account will be created automatically with the terms agreed upon by accepting these Terms on sign up. 5.5. You acknowledge that the transmission of your acceptance through an Electronic Instruction may not be received by eXpresso in accordance with this clause for reasons beyond either parties’ reasonable control including, but not limited to, mechanical, software, computer, telecommunications or electronic failure. You further acknowledge that, to the extent permitted by law, eXpresso is not liable to you or your clients in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the use of eXpresso in any way. 5.6. eXpresso may issue a paper confirmation of the Products acquired by you. The existence of a binding contract is not conditional on eXpresso issuing, or you receiving, a paper confirmation of the transaction. 5.7. eXpresso may at its discretion refused to accept a new Account, close any Account, or refuse to provide service to a former client or any other user. The reasons for this include; but are not limited to circumstances where a client has currently or in the past attempted to circumvent eXpresso security measures, has misused their account, have used or attempted to use their account for unlawful purposes or for any other reason.

    • 6. Payments

      6.1. All payments for any Hardware and Services must be made in full by clear funds before the signup will be accepted, processed and acted on by eXpresso. 6.2. Unless provided for otherwise, all payments referred to in 6.1 above are to be made by credit card issued in your or your business’ name. You must therefore provide eXpresso with all required credit card and/or bank account details. eXpresso may securely store your credit card number for security and verification purposes, or as part of your ongoing payment if you request eXpresso to do so. 6.3. Unless otherwise arranged, payments related to the use of eXpresso are to be paid automatically using your chosen debit/credit card. All invoices are due on the first day of each calendar month for the month ahead unless other terms have been agreed upon in writing by eXpresso. Additional charges may be applied for any accounts not processed automatically using the auto-payment system, unless the payment failure was due to an error caused by eXpresso. Invoices one week or more overdue may result in additional charges being applied and notices being placed on your eXpresso account to remind users that payment is overdue. Accounts that remain unpaid for an extended period may also be subject to access restrictions and/or full suspension of services until payment is made.

    • 7. Prices and Invoice Errors

      7.1. eXpresso endeavours to ensure that all invoices are accurate and correct. eXpresso reserves the right to adjust any fees, charges or prices as necessary, even if the Products acquired have been paid for in full, to reflect such cost increases passed onto eXpresso. 7.2. eXpresso reserves the right to correct any errors in fees, charges, rates or prices quoted or billed, even if the Products acquired have been paid for in full.

    • 8. Cancellation Charges and Alterations

      eXpresso reserves the right to charge you a fee for each alteration, variation or update to a Service requested. eXpresso will inform you in advance if a charge will apply for any variations you request.

    • 9. Refunds for Unused Services

      9.1. eXpresso will not issue you with a refund for any pre-paid service other Products which are not used or utilised for any reason, including for reasons beyond your control such as illness, strikes, natural or manmade disasters or acts of God. 9.2. All upfront payments for set-up and monthly fees are non-refundable and if cancellation is given will be used for towards work done.

    • 10. Warranties

      Whilst every effort has been made to ensure that information is free from error, eXpresso does not warrant the accuracy, adequacy or completeness of Material on the Website or System. All information is subject to change without notice. eXpresso does not guarantee that the eXpresso Website or any third-party websites will be free from viruses, or that access to the eXpresso Website will be uninterrupted. All terms implied by law, except those which cannot be lawfully excluded, are excluded.

    • 11. Limitation of Liability

      11.1. Subject to any responsibilities implied by law and which cannot be excluded, eXpresso, CRATRR Limited, and its directors, employees, agents and contractors, are not liable to you or your clients for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the services provided through the eXpresso Website, System, any Material on this Website, any third party material, or from access to the eXpresso Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. 11.2. The liability of eXpresso for breach of a condition or warranty implied by law, and which cannot be excluded, is limited, to the extent possible and at eXpresso’s option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired. 11.3. eXpresso does not accept any liability for a confirmed order that is not available at arrival time due to clerical or administrative errors on the part of you or your staff.

    • 12. Indemnity

      You indemnify and hold harmless eXpresso in respect of all liability incurred by eXpresso for any loss, damage, cost or expense, howsoever caused, suffered or incurred by eXpresso as a result of your breach of these Website Terms of Use, or your use of the eXpresso Website, System or any Material on this Website.

    • 13. Copyright and Trademarks

      13.1. Copyright in the Material on this Website is owned or licensed by CRATRR Limited. 13.2. Except where necessary for and incidental to viewing the Material on this Website via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no Material on this Website may be copied, reproduced, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the specific written consent of CRATRR Limited. 13.3. Third party trademarks are trademarks of the respective third parties.

    • 14. Use of the eXpresso Website/System

      14.1. You must not use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the eXpresso Website/System, or any of the content contained within, without eXpresso’s prior written permission; 14.2. You must not use any device, software or routine to interfere or attempt to interfere with the proper working of the eXpresso Website/System or any transaction or process being conducted on or through it; 14.3. You must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the eXpresso Website/System; and 14.4. You must not reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the eXpresso Website/System.

    • 15. Termination

      15.1. These Terms of Use and your access to the eXpresso System may be terminated at any time by eXpresso with 30 days’ notice to you. All restrictions, indemnities and licences granted by you, and all disclaimers and limitations of liability by eXpresso, will survive termination. However, upon termination, you will no longer be authorised to access the eXpresso System. 15.2. All data held by eXpresso can by written request to hello@expressoapp.uk be supplied in a CSV format for you to meet all legal requirements of holding customer and transaction data. 15.3. If you wish to cancel your services, you must give 30 days’ notice in writing by email hello@expressoapp.uk. For avoidance of doubt any fees due within the notice period must be paid and services will stop at the end of the time paid for. 15.4. No fees paid will be refunded at any time.

    • 16. Acceptance and Changes to Terms

      16.1. You acknowledge and accept that your use of the eXpresso Website/System indicates your acceptance of these Terms of Use and the Privacy Policy. 16.2. These are the current Terms of Use. They replace any prior terms of use for the eXpresso Website/System agreed or published on the eXpresso Website to date. 16.3. eXpresso may at any time vary the Terms of Use by publishing the varied Terms of Use on the eXpresso Website. eXpresso is under no obligation to specifically notify you of any variation to these Terms of Use. You accept that by publishing the varied Terms of Use on the eXpresso Website, that eXpresso has provided you with sufficient notice of the variation. By your use of the eXpresso Website/System after any variation, you are taken to have accepted and assented to the new Terms of Use.

    • 17. General

      17.1. All prices listed on the eXpresso Website are in Great British Pounds, unless otherwise indicated. 17.2. This agreement, the eXpresso Website/System, and the acquisition of products and services via eXpresso, are governed by English Law. 17.3. You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales, and courts of appeal from them, for determining any dispute concerning this agreement, the eXpresso Website/System, or the acquisition of products and services via eXpresso. 17.4. You irrevocably waive any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum. 17.5. Should any clause or part thereof of these Terms of Use be found to be void, unenforceable or invalid, then it is severed from this agreement, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of this agreement.

    • 18. Terms-of-Use Specific to GDPR

      To the extent that eXpresso acts as a “Processor” to you as a “Controller”, in relation to your Data originating from the EEA, the following terms apply and form part of your agreement (“Agreement”) with us regarding the use of eXpresso. (For definition of these terms under the GDPR see www.eugdpr.org/)

    • 19. Compliance with your Instructions

      eXpresso may only process Personal Data in connection with its performance of Services pursuant to the Agreement, or as otherwise instructed by you or required by applicable law. If we receive an instruction by you that in our view may be illegal or contradict the GDPR we will inform you in a timely manner. The subject-matter, duration, nature and purpose of the Processing, types of Personal Data and categories of individuals will be the same as for the relevant Services to which the Processing relates. eXpresso may aggregate or anonymise your Data for the purpose of product or service improvements, data science and reporting.

    • 20. Security

      eXpresso has implemented and continues to maintain commercially reasonable technical and organisational measures for the eXpresso Services that are designed to protect Personal Data against accidental or unlawful destruction, loss, alteration, disclosure or access. eXpresso will notify you of a data security incident per the requirements of the GDPR.

    • 21. If you are Audited

      Upon your request, up to once a year, eXpresso will assist you in gathering the information needed, this will consist of data extracts in CSV format to allow you to meet your legal requirements for audit purposes.

    • 22. Receiving Assistance from Us

      eXpresso will provide you reasonable assistance to allow you to demonstrate your compliance with obligations pursuant to this Agreement in respect of notifying Personal Data Breaches to a Supervisory Authority and individuals and conducting Data Protection Impact Assessments.

    • 23. If we receive an Individual Request

      eXpresso will notify you of requests received directly from individuals in relation to the processing of their Personal Data, unless prohibited from doing so under applicable law. eXpresso may, but is not required to, acknowledge receipt of such request and ask additional questions to determine the identity and nature of the request, or may refer such request and individual to you directly, and provide you with reasonable assistance in meeting the request in a timely manner. You are solely responsible for providing any necessary notices to, and obtaining any necessary consents from, individuals with respect to the Processing of Personal Data pursuant to this Agreement.

    • 24. Sub-Processors we might Use

      You agree that eXpresso may use Sub-Processors to assist eXpresso in Processing Personal Data for the performance of the Services, provided that: 24.1. eXpresso imposes no less stringent duties on such Sub-Processors regarding security and confidentiality of Personal Data as those set out in this Agreement. 24.2. eXpresso remains responsible to you for the performance of the relevant Services by the Sub-Processor. 24.3. eXpresso maintains a list of such Sub-Processors, and provides you with reasonable notice of any addition of Sub-Processors. In order to receive such notice, you may be required to sign up to a notification procedure. You accept to sign up to such procedure if so requested and that your failure to do so may result in missing the deadline to object to new Sub-Processors. You may within five (5) business days of receiving a notice, object to the involvement of such new Sub-Processor in the delivery of the relevant Services through providing notice (via email to hello@expressoapp.uk) of objective justifiable grounds related to the ability of such Sub-Processor to protect the Personal Data or comply with data protection requirements applicable to Sub-Processor. In the event that the objection is not unreasonable, the Parties will work together in good faith to find a solution to address such objection within five (5) business days, including but not limited to reviewing additional documentation supporting the Sub-Processors’ compliance or trying to make the Services available without the involvement of such Sub-Processor.

    • 25. Return and Deletion of Personal Data

      Upon termination or expiration of the Services, eXpresso will make available to you Personal Data maintained by eXpresso for a duration of three (3) months to allow you to retrieve where reasonably technically feasible your Personal Data in a commonly used format set out by eXpresso. After such period, eXpresso may destroy or otherwise render inaccessible, at our discretion, such Personal Data from the production environment of the Services, except as may be required by law. Actions set out in this section are at your sole cost.

    • 26. Changes

      We may make changes to this Agreement from time to time as necessary to reflect changes in our business or legal and regulatory requirements. Changes we make will become effective when we publish a modified version of the Agreement on our websites. If you continue using the Services after any changes, it means you have accepted them. If you do not agree to any material changes, you must stop using the Services, and you can terminate your account by emailing hello@expressoapp.uk.
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