What these terms cover. These are the terms and conditions on which you use our website - http://gdprManager.stericycle.co.uk and how we supply GDPR Manager to you.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
This is our entire agreement with you in respect of your use of our GDPR Manager platform. These terms and conditions constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
GDPR Manager is offered to business customers only, on a fixed-term pre-paid basis. You must tell us if you are not a business customer.
Information about us and how to contact us
Who we are. We are SRCL Ltd T/A Stericycle a company registered in England and Wales. Our company registration number is 3226910 and our registered office is at Indigo House, Sussex Avenue, Leeds, LS10 2LF.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Using our website
The website is owned and operated by SRCL Ltd T/A Stericycle. All content on the website, including graphics, design, text and all other information are the copyright of SRCL Ltd or its licensees, content providers or technology providers. All rights are reserved. Any material published on this site may not be used for any purpose other than browsing, shopping and placing orders with SRCL Ltd T/A Stericycle and not copied, printed or circulated without prior permission
Our contract with you
How we will accept your order:
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If you place an order with us on the telephone with a member of our sales team we will email you confirmation of acceptance of your verbal order, at which point a contract will come into existence between you and us.
It is your responsibility to ensure that the person placing the order with us is authorised to do so. You agree that you will honour an order that is placed on your behalf in good faith. You agree that you are dealing with us as a business, not a consumer.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the service. This might be because of unexpected limits on our resources which we could not reasonably plan for, because, because we have identified an error in the price or description of the service or because we are unable to meet a delivery deadline you have specified.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Your rights to make changes
If you wish to make a change to the service, you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
Changes to the services. We may change the services:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the service.
Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
Providing the services
When we will provide the services. During the order process we will let you know when we will provide the services to you.
If the services are one-off services. We will begin the services on the date we accept your order.
If the service is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
If the services are ongoing services or a subscription to receive digital content. We will supply the services or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract.
We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you. If so, this will have been stated in the description of the services on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:
deal with technical problems or make minor technical changes;
update the services to reflect changes in relevant laws and regulatory requirements
make changes to the services as requested by you or notified by us to you (see clause 6.).
Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than one week in any calendar year we will extend the subscription period for a period equivalent to the period of unavailability.
We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 13.3) and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you validly dispute the unpaid invoice (see clause 13.6).
Term of the Contract
GDPR Manager is licensed to you on a fixed-term, non-refundable basis. This licence will remain in force for 12 (24/ 36) months starting on the Commencement Date (the “Initial Term”). Unless a new contract is signed by both parties, this licence will automatically renew for additional periods of the same duration as the Initial Term (each as a “Renewal Term”), unless either party provides written notice of its intention not to renew at least 90 days prior to the expiration of either Initial Term or a Renewal Term.
Your right to cancel
Tell us you want to end the contract. To end the contract with us, please let us know by doing the following:
Cancel your subscription online. You can cancel your monthly subscription service at any time under the menu option 'GDPR Home' > 'Options' > 'Settings' and select the 'Cancel This Licence' button, after which access to your account will be ceased. You will be billed no further but you will remain liable to pay any outstanding sums due under the contract. You will not receive a refund for any remaining portion of the Initial Term or Renewal Term.
After ending the contract. If you end the contract for any reason after digital content has been downloaded you must cease to use such downloaded content and destroy any copies. Following the termination of the contract the licence to use the services will automatically expire and you will have no right to use the digital content.
Our right to cancel
We may end the contract if you break it. We may end the contract for a service at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due; or
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
You must compensate us if you break the contract. If we end the contract due to your breach we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the service. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 7 days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
If there is a problem with the service
How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can write to us at. GDPRManager@stericycle.com
Price and payment
Where to find the price for the service. The price of the service (which excludes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the services advised to you is correct. The Service Fee is fixed for the first year of the Initial Term. Thereafter we reserve the right to increase the Service Fee from time to time by providing notice of the change to the Customer, which may be in the form of an invoice. Customer may reject the changes to the Service Fee within 30 days of receiving notice, in which case we may immediately terminate this agreement without penalty to us or you.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
When you must pay and how you must pay. We accept payment with Visa, MasterCard.
For digital content, you must pay for the services before you download them.
Our right of set-off. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). We are entitled to deduct any sum you owe us from any payment due to you.
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you.
Nothing in these terms shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation; or
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
Except to the extent expressly stated in clause 14.1 all terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to clause 14.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us.
Subject to clause 14.1 our aggregate liability to you under this contract and your licence to use GDPR Manager, if any, in each 12 month period commencing on the start date of the contract and each anniversary, shall in no event exceed the amount of Service Fees paid and payable by you to us in such period, whether such liability arises from breach of contract, warranty, tort (including negligence), operation of law or otherwise.
Other important terms
We provide GDPR Manager as a tool to support a compliance programme. It does not guarantee legal compliance and we do not warrant that its content represents a complete and accurate statement of law applicable to you. It is not a substitute for legal advice and it does not confer a formal accreditation upon you.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another company if we agree to this in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.