1 About our Terms
1.1 These Terms explain how you may use the Predict platform (the Platform) which is owned and operated by North Swell Technologies Limited, a company incorporated in Scotland with registered number SC502996.
1.2 References in these Terms to the Platform includes the following websites: www.predictmobile.com, and all associated web pages.
1.3 You should read these Terms carefully before using the Platform.
1.4 By accessing or using the Platform or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you should stop using the Platform immediately.
1.5 If you have any questions about the Platform, please contact us on firstname.lastname@example.org.
1.6 If you wish to register to use the services offered by the Platform, you will be required to confirm your acceptance of these Terms during the registration process. By registering with the Platform you also confirm that you have the legal capacity to be bound by these Terms and to enter into any contract arising pursuant to the tender process offered by the Platform. You also confirm that you are not contracting as a consumer (ie that any such contract entered into will be entered into in the course of a business).
2 How the Platform Works
2.1 The Platform aims to connect suppliers of Mobile Services with business customers, with a view to finding the right supplier for the customer with the optimum tariff solution.
2.2 When you register with the Platform, you will be required to set up a log-in and password in order to register as a user of the Platform. By providing us with your email address, you agree to receive all required notices, notifications and alerts to that address. It is your responsibility to let us know if that address changes at any time. If you no longer wish to receive such notifications, notices and/or alerts then please contact us at email@example.com.
2.3 To utilise the Platform you will be required to login via the internet and enter the username and password for your current mobile supplier’s billing platform. The Platform will then search your current mobile supplier’s billing engine and produce a report detailing your existing usage and tariffs. Alternatively, it may be possible to provide such information by manually uploading (in accordance with our instructions and guidance) certain reports and information to the Platform.
2.4You will then be asked various questions by the Platform, which you are required to answer honestly and accurately. On the basis of your responses, the Platform will then post a tender for the supply to you of Mobile Services, which the Suppliers will have the opportunity to respond to. At this stage, all information provided to the Suppliers will be anonymised.
2.5 The Platform will then evaluate the responses received from Suppliers (on an anonymised basis, save that details of the relevant network will be provided) and present you with a table of results. You may then choose your preferred Supplier, at which point the full details of your preferred Supplier will be disclosed to you. You will then be connected with your preferred Supplier, who will provide you with their form of network contract for signature (together with any associated terms and conditions). It is anticipated that you will then sign the contract and upload this to the Platform.
2.6 You acknowledge that neither you nor your preferred Supplier will, by participating in the Tender Process, be legally bound to enter into or to perform any contract for Mobile Services unless and until a binding contract is signed by both you and by the relevant Supplier.
2.7 The Platform will (unless you choose to opt out from this service) continue to receive your usage data throughout the term of your contract with your chosen Supplier and we will provide you with email alerts on an ongoing basis containing predictions and guidance regarding your mobile usage and related contractual arrangements, with a view to continually optimising your tariff. If you do wish to opt out of this service then please contact us on firstname.lastname@example.org. We may suspend or interrupt the provision of this service from time to time.
2.8 We may, from time to time, offer prediction services similar to those mentioned in clause 2.7 to users of the Platform who are party to an existing contract for Mobile Services and who have not yet gone through a Tender Process. If, upon the expiry of their existing contract, such user does not then enter into a contract with a Supplier through the Platform, then the Company reserves the right to either withdraw such prediction services or to continue to provide such services on a reasonable chargeable basis only.
3 Your Responsibility
3.1 You shall be solely responsible for:
3.1.1 all costs and expenses you may incur in relation to your use of the Platform (including the cost of any contract entered into with a Supplier);
3.1.2 keeping your password, log-in and other account details (your ‘Access Credentials”) confidential;
3.1.3 ensuring that you have all necessary rights to legally provide us with (or to consent to us being provided with) the Account Information and any other data submitted via the Platform, or accessed via your existing Mobile Services provider;
3.1.4 complying with the terms of your existing contract for Mobile Services (including any terms relating to the period of that contract, or any termination provisions) and complying with the terms of any contract entered into with a Supplier.
3.2 You are responsible for ensuring that all data submitted by you via the Platform (including the responses given to any questions asked) is true and accurate in all respects. The tender responses given by Suppliers (and the continued optimisation of your tariff) rely on the information given by you being accurate. If any information given by you or by the Suppliers is not accurate then the comparisons provided by the Platform will not function effectively. We cannot accept any liability to you in the event that any data submitted or responses given by you are not accurate and you agree to compensate us for any liability which we incur as a result of any such inaccuracies. You further acknowledge and agree that we shall not be responsible for any inaccuracies resulting from any information provided by any of the Suppliers being untrue or inaccurate.
3.3 If you have an existing contract for Mobile Services, you are solely responsible for the termination and/or cancellation thereof (including compliance with any contractual terms regarding termination and/or cancellation).
3.4 Once you have selected a preferred Supplier, you undertake to us that you will not enter into any contract or arrangement with such Supplier other than via the Platform. You undertake to compensate us for any loss which we may suffer as a result of you failing to comply with the terms of this clause 3.4.
3.5 If you become aware of any unauthorised use of your Access Credentials, you agree to notify us immediately of this at email@example.com.
3.6 We seek to make the Platform as accessible as possible. If you have any difficulties using the Platform, please contact us at firstname.lastname@example.org.
4 Use of data, and your personal information
4.1 By registering to use the Platform, you expressly authorise us to access your Account Information (maintained by third parties, including your current supplier of Mobile Services, on your behalf) for the purpose of providing services via the Platform. You warrant that you are the owner of the Account Information and have all necessary legal rights to permit this to be made available to us.
5 Acceptable use
5.1 Your use of the Platform is permitted only for the purpose of seeking comparisons in respect of your Mobile Services requirements and identifying (and providing you with a means to contract with) a preferred Supplier. Use of the Platform in any other way or for any other purpose (including any unacceptable use set out in this clause 5) is not permitted.
5.2 As a condition of your use of the Platform, you agree not to use the Platform:
5.2.1 for any purpose that is unlawful under any applicable law or prohibited by these Terms;
5.2.2 to commit any act of fraud;
5.2.3 to distribute viruses or malware or other similar harmful software code;
5.2.4 for purposes of promoting unsolicited advertising or sending spam;
5.2.5 to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
5.2.6 in any manner that disrupts the operation of our Platform or business or the business of any other entity;
5.2.7 to promote or further any unlawful activity;
5.2.8 to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
5.2.9 to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
5.2.10 to attempt to circumvent password or user authentication methods;
5.3 You agree not to upload to the Platform any material or content other than that required as part of the Tender Process (or required to conclude a contract for Mobile Services through the Platform) or otherwise as required or requested by the Company. You will ensure that any material or content uploaded by you to the Platform will be accurate, not offensive or obscene, complies with applicable laws and will not infringe the intellectual property rights of any person.
5.4 You may not use our trade marks, trade names or logo for any purpose (other than as expressly permitted by us) provided that you may disclose or refer to your connection with us, as a user of the Platform.
5.5 We may prevent or suspend your access to or use of the Platform if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
6 Ownership, use and intellectual property rights
6.1 The Platform and all intellectual property rights in it (including but not limited to any Content) are owned by us, our licensors or both (as applicable) save that any intellectual property rights in and to any contract or other documentation provided by any Supplier shall be owned by that Supplier. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We (and our licensors, if applicable, reserve all of our (and their) rights in any intellectual property in connection with these Terms. This means, for example, that we (and they) remain owners of those rights and are free to use them as we (and they) see fit.
6.2 Nothing in these Terms grants you any legal rights in the Platform other than as necessary to enable you to access and use the Platform as envisaged by these Terms. You agree not to try to circumvent or delete any notices contained on the Platform (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Platform.
7 Accuracy of information and availability of the Platform
7.1 While we try to make sure that the Platform is accurate, up-to-date and free from bugs or errors, we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk. No warranties, express or implied, are given as to the content or operation of the Platform and our liability in respect thereof is expressly excluded to the fullest extent permitted by law.
7.2 Whilst we will, on the basis of the information submitted by you and your Account Information, provide a comparison of potential Suppliers, you are responsible for choosing your preferred Supplier and for ensuring that you are happy with their contractual terms. You acknowledge that it is your responsibility to choose your preferred Supplier and that any predictions given through the Platform are indicative only and cannot be guaranteed. We do not act as agent on behalf of any Supplier and cannot be held liable for any action or inaction arising under any contract which you may enter into with the Supplier, nor are we responsible in any way for the actions of the Supplier. You confirm and agree, by your acceptance of these Terms, that we and the Supplier are separate independent parties and that we shall have no liability for any act (or failure to act) of the Supplier.
7.3 While we try to make sure that the Platform is available for your use, we do not promise that the Platform is available at all times nor do we promise the uninterrupted use by you of the Platform. This may be interrupted from time to time and without notice including (without limitation) for the purposes of maintaining, updating and/or repairing the Platform.
7.4 We may suspend or terminate operation of the Platform at any time as we see fit. We may also make changes to the Platform and/or the Tender Process, from time to time in our discretion.
8 Hyperlinks and third party sites
The Platform may contain hyperlinks or references to third party websites other than the Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
9 Limitation on our liability
9.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any loss or damage incurred by you as a result of your use of the Platform including, without limitation, any:
9.1.1 losses that:
(a) arise under or in relation to any contract entered into between you and a Supplier; or
(b) arise under any contract with an existing supplier of Mobile Services; or
(c) were not foreseeable to you and us when these Terms were formed; or
(d) were not caused by any breach on our part; or
9.1.2 consequential losses (including, without limitation, loss of profits, business or goodwill).
9.2 You acknowledge and agree that the exclusions and limitations set out in these Terms are reasonable given that (other than as is referred to in clause 2.8) it is not anticipated that any fees will be payable by you in respect of your use of the Platform.
10 Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
11 Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
These Terms are dated 1 January 2020. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 12. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Platform and by continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
13 Disputes, governing law and jurisdiction
13.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with any aspect of the Platform, please contact us as soon as possible.
13.2 Scots law will apply to these Terms, and the Scottish courts will have exclusive jurisdiction to settle any disputes arising from them.