Terms and conditions
Last updated Wednesday 23rd June 2021
If You are using Campfire (the "Service"), then Your company ("You" and "Your") has given consent to these terms.
- These are the terms on which You are allowed access to Campfire, a service owned by CharlieHR. Please read this carefully before using the Campfire service and You may want to retain a copy for Your records. When You click to accept these terms, You confirm that You (i) are duly authorised on behalf of your business to place an order for Campfire and (ii) agree to be bound by the terms set out below.
- Campfire is a development product, and as such CharlieHR, in our sole discretion, reserves the right to modify features or functions to the Service.
- You are solely responsible for all activity occurring under Your User account. You are responsible for acting in accordance with all applicable Law in connection with Your use of the Service, including those related to the impact of employment and data privacy laws for which CharlieHR disclaims all liability.
- You further understand and agree that:
- You shall be solely liable for any transmissions sent through the Service under Your account, including the content of any transmission sent through the Service under Your account.
- You will abide by all applicable CharlieHR policies, procedures, and agreements related to the Service.
- If we, in our sole discretion, consider You to be in breach of this Agreement, or likely to be in breach of this Agreement, we may take any action we think is necessary to protect Charlie, the Service and its users.
- CharlieHR will use its reasonable commercial endeavours to keep all personal data confidential, providing that personal data may be disclosed to CharlieHR's employees, representatives, consultants, contractors or agents (who in turn will be legally bound to keep the personal data confidential). The obligation to keep the personal data confidential will not apply to any information that: (i) is already known to the public; or (ii) is required to be disclosed by Law, by any governmental or other regulatory authority, or by a court or other authority of competent jurisdiction, providing that CharlieHR will give You notice of the requirement to disclose of that disclosure as soon as practicable.
- Nothing in this Agreement will exclude or limit CharlieHR's liability for: (i) death or personal injury caused by CharlieHR's negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which may not be excluded or limited under Applicable Law.
- To the fullest extent permitted by Law, in no event shall CharlieHR be liable to You or any third party for indirect, incidental, consequential, or punitive damages of any kind whether arising under contract, warranty, tort (including negligence or strict liability), or any other theory of liability, even if CharlieHR has been informed in advance of such damages or such damages could have been reasonably foreseen by CharlieHR.
- Without limiting the foregoing, CharlieHR shall not be liable for any of the following losses (whether direct, indirect, incidental or consequential): (i) any loss of profits or other economic advantage; (ii) any loss of data; (iii) any loss of goodwill; and/or (iv) any loss of anticipated savings; in each case arising in respect of any representation, statement, act or omission in connection with this Agreement, whether the claim arises under contract, tort, misrepresentation or breach of statutory duty.
- You shall indemnify and hold CharlieHR, its related officers and agents harmless from and against any and all liabilities (including legal fees and costs) arising out of or in connection with: (i) a claim alleging that use of the personal data infringes the rights of, or has caused harm to, a third party; or (ii) a claim arising from the breach by You or their Users of this Agreement.
- Subject to the above, in no event shall CharlieHR's aggregate liability exceed the sum of £10,000 in total. In recognition of the free nature of the Service, You acknowledge and agree that such allocation of liability between us is reasonable, appropriate and fair in the circumstances.
- This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties agree that any dispute relating to its terms or subject matter shall be subject to the exclusive jurisdiction of the English courts.