These terms of use are effective as of 9th March 2012
Terms of Use
These Terms of Use govern the User's access to Radix
Software's DutyMan (hereinafter referred to as "DutyMan") service on the Internet.
The term User means a person who registers and obtains access to the web services
provided by DutyMan.
These Terms of Use govern the User's access to, and use of, the Services provided
via DutyMan's system on www.dutyman.biz. The Terms of Use set forth the conditions
subject to which the User is entitled to use these services.
DutyMan grants the User access to services as specified in detail in these Terms
of Use. Services is a collective designation for all services (whether provided
free of charge or against payment) to which a User obtains access on www.dutyman.biz.
Duty Roster means an individual service providing, among other things, storage space
for electronic documentation and communications services provided to a User by DutyMan.
The Services are normally available over the Internet around the clock. DutyMan
shall be entitled to take measures that affect access to the Services where DutyMan
deems such to be necessary for technical, maintenance, operational, or security
reasons. The User is also aware and acknowledges that the User's access to the Internet
cannot be guaranteed and that DutyMan shall not be liable for deficiencies in the
User's own Internet connections or equipment.
User's Undertakings
The User shall be responsible for the activities conducted through use of the Services
and shall ensure compliance with national laws in conjunction therewith.
The User shall ensure that the Log-In Name and the Password obtained by the User
in conjunction with registration at www.dutyman.biz are stored in a secure manner
and cannot be accessed and thereby used by third parties. The User shall be liable
for any unauthorised use of Services.
Right of Use of Services
The User may grant other users of the Internet access to the User's Duty Roster.
DutyMan shall hold title to all intellectual property rights and technical solutions.
Such intellectual property rights and technical solutions may only be used by the
User in the manner stated in this agreement. Under no circumstances shall the User
or a third party acquire any intellectual property rights to the Services or the
software or technical solutions used in the Service or to any business mark belonging
to or used by DutyMan.
Operation and Maintenance
The User shall not be entitled to damages or other remedies in the event of disruption
of operations or errors that impede traffic.
Storage of Information
Through the acceptance of these Terms of Use, the User consents to DutyMan storing
the User's e-mail address and other data in accordance with these Terms of Use and
to DutyMan storing such data until such time as the Duty Roster is closed.
Following receipt of such data, DutyMan will process the same using automatic data
processing in order to enable DutyMan to administer and otherwise perform its undertakings
within the scope of the service and to ensure that unauthorised persons do not obtain
access to Services.
Force Majeure, Liability and Limitation of Liability
DutyMan shall be released from liability in damages and other sanctions where the
User's access to Services is prevented or rendered materially more onerous due to
circumstances beyond DutyMan's control and which it could not have reasonably foreseen.
Such force majeure events include, inter alia, labour conflicts, lightning, fire,
decisions of public authorities or other public regulations, errors in another operator's
network, general scarcity of transport, goods, or energy, or other similar circumstances.
In the event third-party claims are brought against DutyMan as a result of the use
of Services the User shall hold DutyMan harmless in respect of such claims.
DutyMan shall not be liable to the User in the event of distortion or loss of data
or other defects or deficiencies in provided Services that are due to DutyMan. Errors
must be notified by the User in accordance with DutyMan's instructions as issued
from time to time.
DutyMan's liability in accordance with these Terms of Use is limited to GBP
0 (zero). Under no circumstances shall DutyMan be liable for direct or indirect
losses, loss of profits or anticipated savings, loss of revenue, loss of data, or
claims for compensation from third parties.
Modifications and amendments
In order to facilitate further development DutyMan reserves the right to effect
modifications to the design, operational method, technical specifications, systems,
and other functions of the Service.
DutyMan reserves the right to amend these Terms of Use. The User shall be notified
of such changes by email.
Term of Agreement and Termination, etc.
The Terms of Use shall enter into force when the User has completed registration
on www.dutyman.biz and shall remain in force until such time that the Duty Roster
is closed.
DutyMan shall be entitled to close a Users Duty Roster if the User does not pay
their annual subscription or where the User uses the Service:
a) in a manner that entails the perpetration of a crime;
b) in a manner that occasions losses or the risk of loss for DutyMan or another
party;
c) in a manner that violates these terms and conditions; or
d) in a manner whereby the User utilises resources or seeks unauthorised access
to DutyMan's system which are not intended for the User.
Governing Law and Disputes
These Terms of Use and the ensuing relationship between DutyMan and the User shall
be construed in accordance with, and governed by, the laws of England.
All disputes relating to these Terms of Use shall be adjudicated in London, England.
Revisions
We reserve the right to change our terms of use at any time. If we make changes
we will indicate the new effective date at the top of this page. We encourage you
to refer to this page on an ongoing basis so that you understand our current terms
of use.