Workshare Solutions & Services:
In these terms:
‘External User’ means a person (acting individually or on behalf an employer or other organisation) invited by a Workshare Customer to participate in limited use of a Workshare Solution for a Workshare Customer project. References to an External User include that person and any organisation on whose behalf that person uses the Workshare Solution.
‘Workshare’ means Workshare Limited, a limited company registered in England and Wales, with company number 3559880 and with its registered office at 20 Fashion Street, London, E1 6PX.
‘Workshare Customer’ means a person or organisation that pays Workshare to provide access to Workshare Solutions (or a person or organisation using Workshare Solutions for evaluation use free of charge prior to paying for use) for its internal business use.
‘Workshare Solution’ means software or services provided from time to time by Workshare as a web-based service.
These terms are the agreement between Workshare and each External User that govern any use of a Workshare Solution by an External User. These terms are the entire agreement and cannot be amended except by an amendment in writing signed by Workshare.
- Employees and contractors of a Workshare Customer are not allowed to use Workshare Solutions as External Users.
- Workshare and the External User shall comply with their respective obligations under applicable data protection legislation in the United Kingdom and the European Economic Area. Without limiting the applicable obligations, it is agreed that:
- Workshare acts as a data processor and will treat the Workshare Customer as the data controller. Any personal data provided by the External User will be deemed to be provided on behalf of the Workshare Customer;
- Workshare agrees to process personal data only on instructions from the Workshare Customer and on the basis that the External User is authorised by the Workshare Customer to use the Workshare Solution;
- Workshare shall store and process personal data only within such jurisdictions as are agreed between Workshare and the Workshare Customer. Upon request, Workshare shall inform the External User of the location where personal data are stored and processed pursuant to the agreement between Workshare and the Workshare Customer.
- Workshare shall provide an External User with limited access to Workshare Solutions:
- free of charges to the External User;
- only at the invitation of a Workshare Customer and for such period as the Workshare Customer designates and while the Workshare Customer remains a Workshare Customer with an account in good standing; and
- ‘as-is’ without any assurance that the Workshare Solution will meet the requirements or expectations of the External User and on the basis that the Workshare Customer is responsible for checking that the Workshare Solution is appropriate for the External User.
- Access to a Workshare Solution by an External User can be terminated (by Workshare or by a Workshare Customer) without notice to the External User. An External User should not rely upon having continued access to any data uploaded to the Workshare Solution.
- Any data uploaded by an External User to a Workshare Solution will be treated as Workshare Customer data in accordance with the contact between Workshare and the Workshare Customer. Except for such access as may be provided in the ordinary course of access to a Workshare Solution by an External User, Workshare will not be obliged to comply with any instructions from an External User, including instructions to delete, return or restrict access to any data.
- External Users are permitted to use Workshare Solutions subject to the following:
- use only for the project and purpose for which the Workshare Customer has invited the External User;
- the External User shall not disclose or share login credentials or otherwise permit use of the Workshare Solution by anyone other than the External User;
- the External User shall not upload any materials using the Workshare Solution unlawfully, maliciously or in breach of any third party’s rights.
- Nothing in these terms limits Workshare’s liability for fraud, fraudulent misrepresentation or for death or personal injury caused by its negligence.
- Except as set out in clause 7, Workshare will have no liability whatsoever arising out of an External User’s access (or loss of access) to Workshare Solutions, even if caused by Workshare’s breach of these terms or by Workshare’s negligence.
- These terms and any dispute or claim arising out of or in connection with them (including any non-contractual disputes or claims) are governed by and are to be construed in accordance with the laws of England and Wales. Each of the parties irrevocably submits for all purposes (including any non-contractual disputes or claims) to the exclusive jurisdiction of the courts in England and Wales.