Automated Terms and Conditions
Last revised: February 1, 2019
www.freetimeslot.com is a cloud platform for logistics and transport management, operated by Automated Supply Chains Ltd., a company registered in the United Kingdom under the company number 08590745. Our registered office is at Third Floor, 207 Regent Street, W1B 3HH London, United Kingdom. Our e-mail address is firstname.lastname@example.org.
As used in the present Terms and Conditions, 'we', 'us', 'our' or 'Automated' means Automated Supply Chains Ltd. and www.freetimeslot.com, 'you' or 'your' means the user, you and Automated Supply Chains Ltd. are collectively referred to as the 'Parties', and 'Service' or 'Services' means any and all services offered by us on the www.freetimeslot.com website. For the purposes of these Terms and Conditions, we shall use Automated to refer to both Automated Supply Chains Ltd. and www.freetimeslot.com and any and all domains owned by Automated Supply Chains Ltd.
The 'Terms' set out the terms and conditions on which Automated Supply Chains Ltd. provides services to you and will govern your conduct as a user and apply to the access and use of the website and to any exchange of information between you and Automated Supply Chains Ltd. Please read the Terms carefully before using the website. Using the website indicates that you accept the Terms regardless of whether or not you choose to register as a user. If you do not accept the Terms, do not use the website.
Where Automated Supply Chains Ltd. has provided you with a translation of the English language version of the Terms, you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with Automated Supply Chains Ltd. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
Automated Supply Chains Ltd. may revise the Terms at any time by updating this posting. All modified terms and conditions shall take effect immediately after posting on www.freetimeslot.com. Please check the website from time to time to review the current version of the Terms because they are binding on you. You acknowledge and agree that Automated Supply Chains Ltd. has the sole discretion to set forth and post additional terms and conditions for your use of the website at various places throughout the website. You agree that those additional terms and conditions shall be considered an effective amendment to these Terms and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the present Terms set forth herein, the Terms set forth herein shall govern.
Any rights not expressly granted in the present Terms are reserved.
'User': a representative of the corresponding account.
'Account': each entity registering on www.freetimeslot.com can have one account which can have an unlimited number of user accounts belonging to it.
'Registration': creation of an account.
'Site': a physical location (typically a warehouse, production plant, port or other multimodal terminal) or a logical entity with limited resources allowing external parties and forward parties to book time slots in schedules.
'Schedule': a time slot booking schedule related to a site.
'Shipper/site account': an account (typically of a warehouse, production plant, port or other multimodal terminal; or a freight forwarder) created with the aim of communicating transport orders to and requesting bids from transport partners and managing sites, schedules and resources.
'Booker/carrier account': an account (typically of a carrier/haulier/freight forwarder or supplier) created with the aim of receiving transport orders from and submitting bids to shippers/freight forwarders and booking time slots on schedules of sites it has been granted access to.
'Forward party': a third party user of booker/carrier accounts who may be handed over time slot booking rights related to a schedule.
'Transport order': a collection of data defining a transport job.
'Spot transport request': a collection of data defining a transport job with a request for quote for related transport services.
'Bid': a quote on a spot transport request submitted by a carrier account.
'Booking': the action of reserving a time slot in a time slot booking schedule; also known as 'appointment scheduling'.
'Transaction': generally speaking, any action taken on the Automated website.
III. Product information and warranties
The Services will be provided with care and diligence, in a professional and workmanlike manner, and in accordance with the Terms. Automated has made a conscientious effort to display and describe its services on the website accurately so that you can get a good idea of the services offered. Furthermore, Automated is constantly improving its information, products and services. Consequently, Automated cannot and does not guarantee the accuracy or completeness of the information, including prices, specifications, availability and services. You acknowledge and agree that the form and nature of the Services which Automated provides may change from time to time without prior notice to you.
Whilst we endeavor to ensure that the website is available 24 hours a day, we shall not be liable if, for any reason, the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for any reasons beyond our control.
Registration is open to businesses and private persons alike. Each entity registering on www.freetimeslot.com can have one account which can have an unlimited number of user accounts belonging to it. Only those entities in a position to form legally binding contracts under English law may register. By registering you represent that you have the authority to bind the entity to these Terms. Registration as a user is not open to individuals under the age of 18 years or to any user whose account has been suspended or terminated.
Any entity registering has an account with unlimited number of users, each user having a unique username and password. Automated does not permit users to share their username and password with any other person or business. Furthermore, your account may not be transferred to a third party. Responsibility for the security of any passwords issued rests with you and you are solely responsible for all actions taken with your username and password.
Since forward parties are not necessarily registered users of Automated and they make time slot bookings on behalf of the bookers/carriers forwarding access rights to certain schedules to them, all actions by the forward parties related to time slot bookings they take on behalf of the respective booker/carrier are the exclusive responsibility of the booker/carrier user giving access to the forward party.
In order to access certain services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the service, or as part of your continued use of the Services. You agree that any registration information you give to Automated will always be accurate, correct and up to date.
VI. Our services - Neutral venue
The website acts as a neutral venue on which users can manage logistics and transport processes.
Automated is not involved in the creation and/or change of any transport order, spot transport request, bid or time slot booking schedule, any time slot booking or any related action made in any schedule. You acknowledge that Automated is not in any way responsible for transport orders, bids, the availability of a booked time slot at any site and cannot and will not guarantee that a shipper/site or booker/carrier company fulfills its commitment indicated in the transport order, bid or time slot booking, respectively. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regards to transport orders, bids and bookings are not provided by Automated and are specifically and solely between you and the other account.
Furthermore, due to the difficulty of authentication, especially on the Internet, Automated cannot and will not in any manner verify or confirm the identity or profile of users.
Automated is in no way involved in the physical transactions related to transport orders, bids and time slot bookings and is not responsible for any monetary disputes that reside with or between any accounts; it is the responsibility of the involved accounts to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of Automated.
Save where expressly stated otherwise in the Terms, and only to the extent so stated, no provision of the Terms shall give rise to any legal contracts, liabilities, obligations, claims or other benefits or protection between users or in favor of third parties.
Automated does not charge any registration fee, setup fee or maintenance fee to any account or user.
1. Transport orders: Transport orders are processed free of charge.
2. Spot transport orders: Spot transport orders are charged for at 1% of the winner carrier’s bid price, payable by the shipper. Only allocated spot transport orders are charged for.
3. Time slot booking: Shipper/site accounts have the authority to decide whether the shipper/site account or the bookers/carriers accessing a certain site pay for the time slot booking transactions related to that certain site. In case the bookers/carriers pay for the transactions, the bookers/carriers are charged 0.60 EUR per time slot booking. In case the shipper/site account pays, it is either charged a monthly fee for time slots booked as per an agreement between the site account and Automated or the shipper/site account is charged per time slot booking related to the site(s) of the shipper/site account. Furthermore, the site account has the choice to pay only for time slot bookings of certain bookers/carriers related to a site. In case the booker/carrier forwards booking rights to any third party and the booker/carrier uses Automated on a transactional basis, any time slot booking made by any third party in the name of the booker/carrier is considered a time slot booking made by the booker/carrier and therefore the corresponding transaction fee is deducted from the balance of the booker/carrier.
SMS-related charges: Monthly lump sum fee of the SMS communication via the application between the shipper/site and its partners (or their drivers): 25 EUR per shipper/site account. SMS-sending between the shipper/site and its partners (or their drivers): 0.25 EUR per SMS.
Shipper/site accounts authorize Automated to invoice them as per the above charges while bookers/carriers authorize Automated to charge their account with the above charges.
Charges are calculated in EUR and exclude VAT.
Automated does not charge extra for communicating transport orders or spot transport requests with the application via our standard interface instead via Excel file upload, nor for receiving related information back from the application via our standard interface.
Automated reserves the right to waive or change the basis for the calculation of the fees at any time. Automated may also temporarily change or suspend the fees for a promotional period. Any such changes will be described on the website.
VIII. Payment for Automated's services
Services for shipper/site accounts are typically post-paid.
In case a booker/carrier pays for its own transactions, the booker/carrier has to purchase credits before making any time slot bookings.
At the creation of each booker/carrier account an account balance is created into which credits are paid from which the applicable charges are deducted by Automated in accordance with clause VII. The available credit of the account is shown net, in EUR.
If you have available credits in your account balance, Automated will deduct charges explained in clause VII. If a booker/carrier account’s balance is zero (0 EUR), the booker/carrier cannot make time slot bookings, confirm pre-bookings or no third party receiving forward booking right from this booker/carrier can make time slot bookings in the name of the booker/carrier as long as the booker/carrier account’s balance is not topped up.
The Automated account balance is a virtual representation of the credit available to pay for above charges. This Automated account balance is only valid in www.freetimeslot.com and does not constitute a valid legal tender. Automated does not pay any interest on the account balance.
The Automated account balance can be topped up by credit card payment, using Visa, MasterCard or American Express. Eventual transfer and exchange expenses shall be borne exclusively by the account owner.
The minimum amount an account balance can be topped up with at any time is net 10 EUR. The amount credited to the account is directly available after top-up.
The account balance is always visible in the booker’s/carrier’s account, showing the current balance.
Automated reserves the right to deactivate accounts with no activity for a period of at least 6 months. In such cases any available credits in the account are lost and will not be reimbursed.
Invoices for the credit card payments are directly available after payment in the company account in the form of e-invoices, and can be downloaded in .pdf format. By using Automated, you accept the e-invoices and e-invoicing as the only invoicing method from Automated. Invoices show charges both in EUR and GBP, with a conversion rate taken on weekdays (when the service is available for this currency pair) at 15.00 pm UTC, relying on data received from the European Central Bank. On days when the service is not available the applicable conversion rate is of the last available rate.
IX. Complaint management and problem resolution
Automated is dedicated to effective and prompt complaint management, problem resolution and the analysis and mitigation of the root causes of complaints and problems. A complaint has to be expressed by sending an e-mail to email@example.com. Automated is committed to provide an answer in three working days.
X. Reliance damages
Automated is a neutral venue and Automated provides intermediary services. Accordingly, reliance damages of any form are excluded by definition. Automated cannot be held responsible and liable for any such and similar claims.
XI. No agency
You hereby agree and acknowledge that your execution of these Terms, your provision of Services and/or your use of the Automated website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with Automated and furthermore that no affiliation (save in case you participate in the Automated Affiliate Program), association or connection exists between you and Automated. Users shall not hold themselves out as implying any such relationship with Automated.
Should you have a dispute with one or more Automated users, you release Automated, its officers, directors, agents, employees and affiliates from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
XIII. Unlawful transactions
Users shall not use the website for unlawful activities. Any transaction or aspect of a transaction carried out, or sought to be carried out unlawfully by any user is prohibited. Certain transactions may be governed by statutory or other regulations and cannot therefore be negotiated freely. It is for the users to identify and adhere to such regulations.
You are permitted to view, print and download extracts from the website for your own use on the basis that:
1. no documents or related graphics on the website are modified in any way;
2. no graphics on the website are used separately from the corresponding text; and
3. our copyright notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the website (including, without limitation to, photographs and graphical images) are owned by us or our licensors. Save as agreed otherwise, any use of extracts from the website other than in accordance with clause XIV. is prohibited, and if you breach clause XIV., your permission to use the website automatically terminates and you must immediately destroy any downloaded or printed extracts from the website. Subject to clause XIV., no part of the website may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission.
XV. Information about you and your visits to the website
XVI. Information you submit
You are solely responsible for the information you provide to us and/or other users in the registration, transport order, spot transport request or bid communication, schedule creation, time slot booking or any time slot booking-related process (which shall include anything you post on the website). The information you provide must be true, legal, accurate and non-fraudulent. You agree that you are solely responsible for (and that Automated has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services.
Please note that from time to time Automated uses the data provided for statistical purposes. When using the data in aggregate, Automated guarantees anonymity and confidentiality of the user and its company.
You authorize Automated to use the information you supply to Automated in connection with Automated’s Services and in accordance with these Terms. Automated’s website acts as a passive conduit for any and all communication and/or distribution of information. Automated has no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication and information. Automated does not and will not ensure the accuracy or reliability of such communication or information, nor will Automated act as a monitor over the content of such communication or information. However, Automated does reserve the absolute right to remove or restrict any communication or information that you may post to the website that is in violation of these Terms, illegal, threatening or lewd.
You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. Furthermore, you expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information.
To only that extent to allow Automated to use your communication, content and/or information and not violate your rights in the same, you grant to Automated a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your communication, content and/or information you submit to Automated:
- Will not violate any international, state, federal and/or national law, statute, ordinance or regulation;
- Will not violate these Terms;
- Will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trademark rights;
- Will not contain obscene, lewd, abusive, or suggestive content and under no circumstances will it contain pornography;
- Will not be offensive, indecent, libelous, and liable to incite racial hatred, discriminatory, scandalous, inflammatory, blasphemous, threatening, harassing, and defamatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience. This specifically includes making legal claims of any sort about Automated, its employees, agents, other members, or the website itself;
- Will not contain any computer hardware or software, logic bombs, viruses, Trojan horses, worms, or any other computer programming that may interfere with the operation of the website, operation of any of Automated’s systems and/or create or impose a large burden or load on the website;
- Will not scan or test the vulnerability or security of the website or the system within which it operates;
- Will not be used for commercial or public purposes outside of the requirements of these Terms;
- Will not create liability for Automated in any manner whatsoever;
- Will not frame or link to the website without Automated’s prior written permission; and
- Will not involve the upload, or insertion of, any programming language or code into or onto the website.
You agree to use common sense and good judgment when conducting or posting any information. You assume legal responsibility for all damages incurred as a result of any of your communication or distribution of information. Automated insists that all users abide by netiquette and communicate with each other in a respectful manner.
You acknowledge and warrant that you do not misuse the website, including, without limitation, by hacking. We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone posting any material in breach of this clause.
XVII. Unsolicited idea submission
Automated always wants to receive messages and feedback from Automated’s users and welcome any comments regarding the Automated website. However, Automated’s policy does not allow Automated to accept or consider ideas, suggestions, or proposals other than those Automated specifically requests. The intent of this policy is to avoid the possibility of future misunderstandings when new functionalities and features developed internally by Automated might be similar or even identical to your idea.
If you do send Automated an unsolicited suggestion, idea, or proposal, or if you send, at the request of Automated, a comment or suggestion to improve the Automated website, Automated will consider the submission of this information to be non-confidential and non-proprietary. Automated shall have no obligations concerning the submission of this information, contractual or otherwise (including but not limited to an obligation to keep the submitted information), and shall not be liable for any use or disclosure of any submitted information. Automated shall be entitled to unrestricted use of the submitted information for any purpose whatsoever, commercial or otherwise, without compensation to you.
By sending any how-to or product information or material, you grant Automated an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute materials or information, and you represent and warrant that you own or otherwise control all of the rights to such information or materials and that Automated is free to use ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we are required to do so by law.
XVIII. EU/EEA Data Processing
To the extent that Automated Supply Chains Ltd. processes any 'Personal data' that is subject to the General Data Protection Regulation (the 'GDPR'), on your behalf, in the provision of the Services, the terms of the Automated Supply Chains Ltd.'s EU Data Processing Agreement (the 'Data Processing Agreement') shall apply.
If you are located in the European Union or the European Economic Area (EEA), the Standard Contractual Clauses adopted by the European Commission, attached to the Data Processing Agreement, with Automated Supply Chains Ltd., which provide adequate safeguards with respect to the Personal data processed by us under the Terms and Conditions and pursuant to the provisions of our Data Processing Agreement apply.
You acknowledge in all cases that Automated Supply Chains Ltd. acts as the 'Data processor' and you are the 'Data controller' under applicable data protection regulations in the European Union and the European Economic Area. You will obtain and maintain any required consents necessary to permit the processing of Personal data under the Terms and Conditions. If you are subject to the GDPR you understand that if you give an integration provider access to your Automated account, you serve as the Data controller of such information and the integration provider serves as the Data processor for the purposes of those data laws and regulations that apply to you. In no case are such integration providers our sub-processors.
We may suspend or terminate your company and/or user account if it is suspected that you have engaged in fraudulent activity in connection with the website. You shall not:
- Request payment from another Automated user via instant cash transfer services (non-bank, point-to-point cash transfer services);
- Represent or communicate to users that you are to collect the Automated charges;
- Cause or instruct another person or entity to engage in any conduct, act or behavior intended or designed to circumvent or avoid, in any manner, our right to the Automated charges;
- Enter into any transaction, letter of intent or memorandum of understanding, written or verbal, formal or informal agreement, with a user, that circumvents or avoids Automated’s right to charges for Services.
Remedies for use of the website that violate these Terms include, but are not limited to, the immediate removal of your transport orders, spot transport requests, bids, sites, schedules, time slot bookings, notifying users of your actions, issuing a warning, temporarily suspending your company and/or user account, terminating your company and/or user account, and refusing to provide Services to you.
XXI. Rejection or removal of company and user accounts
Automated reserves the right to reject your registration or cancel your company and/or user account at any time and for any reason or for no reason and without notice to you.
An event that may result in the rejection or removal of your participation can include but is not limited to: any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a user; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of Automated’s employees, agents, affiliates or partners.
Automated reserves the right to notify other users of any actions that Automated, in its sole discretion deems serious, and which have led to the suspension or termination of your company and/or user account.
We may, at our sole discretion, restrict your access to the website and/or refuse to correspond with you without prior notice where:
- There is a regulatory or statutory change limiting our ability to provide access to the website;
- There is any event beyond our reasonable control preventing us from providing access to the website (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
- We consider that you are abusing the website or are otherwise acting in breach of the Terms.
XXIII. Petition for reinstatement
If you are so removed or rejected you may appeal for reinstatement. Your appeal must include a written statement in e-mail as to why you should be reinstated along with your contact information. Your appeal may be reviewed at Automated’s discretion and any determination as to your reinstatement will be at Automated’s sole discretion. Your submission of an appeal does not, in any way, guarantee that you will be reinstated or that the appeal will necessarily be reviewed. Automated will contact you as to its decision to reinstate you. Automated is not obligated to give you any reasoning as to the decision. You understand that any decision as to reinstatement may be a simple yes or no. All decisions are final.
During the use of the website, Automated may disclose to you, or you may otherwise learn of or discover, Automated’s documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of Automated’s business. You hereby agree and acknowledge that any and all of this information is confidential and shall be Automated’s sole and exclusive intellectual property and proprietary information. You agree to use Automated’s information only for the specific purposes as allowed by the performance of these Terms. Any disclosure of our information to a third party (specifically including a direct competitor) is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein will survive the termination of these Terms. Furthermore, you acknowledge that Automated’s information is proprietary, confidential and extremely valuable to Automated, and that Automated would be materially damaged by your disclosure of Automated’s information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that Automated shall be entitled to injunctive relief in relation to the breach or the threatened breach, in addition to any other legal or equitable remedies and without the necessity of proving actual damages.
XXV. Record keeping
Automated reserves the right to keep all records of any and all transactions and communications between you and other users and Automated for administration purposes.
During the term of these Terms, you shall not solicit to employ nor employ any of Automated’s employees of whom you become aware through the performance of the Services. Furthermore, you shall not otherwise interfere with any of Automated’s other business relationships including those with Automated’s users.
You agree to indemnify and hold Automated and its officers, directors, agents, employees and affiliates harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of these Terms, or violation of any law or the rights of a third party.
XXVIII. Links to and from other websites
The Automated website may contain links to other websites so that you may learn more about the services available at Automated and other matters that Automated feels may be of interest to you. Automated is providing these links to you only as a convenience. If you use these links, you leave the website. The inclusion of any such link does not imply endorsement by Automated of such website or any association with its operators. While Automated will make commercially reasonable efforts to ensure that these websites will meet your approval, Automated does not have control over, and is in no manner responsible or liable for the availability and content of the websites to which the Automated website is linked. Automated makes no representations whatsoever about any other website (including, but not limited to, the material found there or any consequences of using them) you may access through Automated’s website. Any concerns regarding any product or service offered by a website to which the Automated website is linked or the link itself should be directed to the operator of that specific website and not to Automated. If you decide to access any of the third party websites linked to the Automated website, you do so entirely at your own risk.
If you would like to link to the Automated website, you may only do so on the basis that you link to, but do not replicate, the website, and subject to the following conditions:
- You do not remove, distort or otherwise alter the size or appearance of any logos used by us on the website;
- You do not create a frame or any other browser or border environment around the website;
- You do not in any way imply that we are endorsing any products or services other than our own;
- You do not misrepresent your relationship with us nor present any other false information about it;
- You do not otherwise use any trade marks owned by Automated (whether these are registered or unregistered) which are displayed on the website without our prior and express written permission;
- You do not link from a website that is not owned by you; and
- Your website does not contain content that we, in our sole discretion, consider to be distasteful, offensive or controversial, in infringement of any intellectual property rights or other rights of any other person or which does not otherwise comply with all applicable laws and regulations.
Automated uses industry standard practices to safeguard your personal information, including firewalls and secure socket layers. Automated utilizes several different security techniques to protect data from unauthorized access but cannot guarantee the security of the system. Automated also does not guarantee uninterrupted or secure access to the system, as the operation of the website can be interrupted by numerous factors outside of Automated’s control.
XXX. No felony convictions
You represent that you, and any individuals associated with you who will be involved in a transaction have not been convicted of a felony which is related in any way to the transport or logistics business. Furthermore, you warrant and represent that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that would prevent you from performing a transaction to which you are a party or your obligations under the Terms.
XXXI. Protection of intellectual property content, copyright
The Automated website contains text, trademarks, trade names, trade dress, copyrighted material, service marks, domain names, inventions, know-how, potential patentable business method material, design logos, phrases, names, logos, code, software, programs, routines, libraries, tools, applications, communication protocols, data structures and formats, user interface design and layouts, software architecture and components, pattern, methodologies, as developed and operated by Automated as well as all developments, modifications and enhancements of the same and any documentation (user guides, descriptions, manuals, presentation and any other kind of document and under any form) relating thereto, or other indicia of ownership which, unless otherwise indicated and/or provided pursuant to a third party license, are Automated’s sole property and Automated retains all appurtenant rights, interests and title thereto and are protected by international copyright laws. The Automated intellectual property rights cover (without limitation) all copyrights, moral rights, patents, trademarks, trade secrets and design rights and any other intellectual property rights, whether registered or unregistered.
The compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of Automated and is protected by international copyright laws. Automated also claims ownership rights under the copyright and trademark laws with regard to the 'look', 'feel', 'appearance' and 'graphic function' of this website including but not limited to its color combinations, layouts and designs.
Unless otherwise agreed to in an addendum to these Terms, you agree that no right, property, license, permission or interest of any kind in or to these marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of these Terms or any part thereof. You shall in no way contest or deny the validity of Automated’s right of title to or license of use for these marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of these Terms and thereafter.
Automated grants you permission to view and use content and software made available to you on the website in connection with your use of the website. Any other use, including the reproduction, modification, distribution, sale, transmission, republication, display, or performance, of the content and software on this website or the use of it in any other way for public or commercial purpose is strictly prohibited. You shall use the Services strictly for the sole purposes for which it was designed and created.
You shall not disassemble, reproduce, translate, adapt, modify, decompile, reverse engineer, or reverse compile any part of the software, or make any attempt to discover its source code, nor rent, lease, sublicense, resell for profit, transfer, loan, distribute or modify the software or any component thereof, unless expressly authorized by Automated as confirmed in writing.
You shall notify Automated immediately if you become aware of any unauthorized possession or use of the software and the Services and any associated documentation by any third party.
You shall not use or register any domain name that is identical to or similar to any of these marks. You agree that you shall not acquire the terms 'FreeTimeSlot' or 'Automated Supply Chains' or any variant that includes the terms 'FreeTimeSlot' or 'Automated Supply Chains' or may be confused with it on Google AdWords or any similar Internet advertising service.
All other trademarks, service marks and copyrights are held by their rightful owners.
XXXII. Dispute resolution
Disputes between you and Automated regarding Automated’s Services should be reported to Automated via e-mail to firstname.lastname@example.org. Automated will attempt to resolve any disputes you have with Automated. Because Automated is a neutral venue, Automated is not responsible for resolving any disputes between you and other users regarding Services. If you report a dispute to Automated, we will make every effort to help both parties communicate; however, all disputes must be resolved directly between you and the other users. Therefore, if Automated is contacted by a user who claims to have a dispute with you regarding the Services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, you expressly authorize Automated to release your provided contact information to the user and you agree to release Automated from any and all liability associated therewith. Automated encourages you to report all user-to-user disputes to law enforcement officials or a certified mediation or arbitration entity. Automated does not specifically endorse any such third party mediation or arbitration entity.
When appropriate, Automated also encourages you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
Either party may publicly use and make reference to the other party’s name and trademarks and the existence of their contractual relationship, for any commercial purpose and in any publication, unless the other party instructs otherwise.
You assume all responsibility and risk for the use of this website and the Internet generally. This website is provided by Automated on an 'as is' basis. Automated and its subsidiaries make no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. To the full extent permissible by applicable law, Automated and its subsidiaries disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components.
Automated and its subsidiaries will not be liable for any damages of any kind incurred by any person or entity arising from the use of this website, including, but not limited to, direct, indirect, special, incidental, consequential loss or damages, or damages resulting from loss of use, data, business, goodwill, revenue, profits, contracts, anticipated savings, wasted management or office time, or business interruption arising out of or in any way connected with the use of this website, any delays on the website, or the inability to use the website, any portion thereof, or any hyperlinked website, whether based on contract, tort, negligence, breach of contract, strict liability or otherwise, even if Automated or any of its subsidiaries has been advised of the possibility of such damages.
XXXV. Changes to our Terms and Conditions
If we decide to change our Terms and Conditions, we will post those changes on this page, and/or update the Terms and Conditions' last revision date on the top of this page.
XXXVII. Governing law, arbitration
Any legal claim arising out of or relating to these Terms, your relationship with Automated, your use of the website or Automated’s Services, including legal action taken by Automated to recover damages for, or obtain an injunction relating to the Automated website operations, intellectual property, and Automated’s Services, shall be governed by the laws of England, without regard to principles of conflict of laws.
You and Automated agree to submit to the exclusive jurisdiction of the courts of the city of London, the United Kingdom to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Automated shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
You warrant that it is legal for you to view the website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using its contents.
These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Terms by express terms. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of these Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. If any provisions of the Terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The remainder of the Terms shall be construed as if such invalid or unenforceable provision had never been a part of the Terms but in a manner so as to carry out as nearly as possible the Parties’ original intent.
The failure by either party to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. You agree that if Automated does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Automated has the benefit of under any applicable law), this will not be taken to be a formal waiver of Automated’s rights and that those rights or remedies will still be available to Automated.
Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of these Terms. The section headings used herein are for convenience only and shall not be given any legal import.
The Terms constitute the entire agreement between you and Automated Supply Chains Ltd. as to your use of the website and shall supersede any prior agreement or representation in respect thereof.
The Terms supersede and merge all prior proposals, understandings, and all other agreements, oral and written, between the Parties relating to these Terms. These Terms may not be modified or altered except by written document duly executed by both Parties.
Any and all notices to be given by either party to the other pursuant to or in connection with the Terms shall be deemed sufficiently given when forwarded by e-mail transmission in each case addressed to you at any e-mail address you have given us or to us at the e-mail address displayed in I. of these Terms.
You acknowledge and agree that each member of the group of companies of which Automated Supply Chains Ltd. is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
The present Terms are concluded for an indefinite term. Upon termination thereof for whatever reason, you are to return all documentation, confidential or proprietary information and materials and any copies of thereof in your possession or delete any copies of the same held electronically.