The Kiln Portal

Terms and conditions
Version number: 1.0
Effective date: 28/08/2020

  1. Introduction

    1. We are Stafford Instruments Limited. Our company information is at the end of this document.
  2. Some definitions

    1. Here are some definitions which are used in this document (all capitalised):
      1. “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
      2. “Content” - all information of whatever kind uploaded to or stored on our Service including Controller programs and firing logs.
      3. “Controller” – the product with which our Service is intended to operate.
      4. “Service” – the services we offer by means of our web app and any related software and services.
      5. “User” - persons or organisations using our Service.
  3. What this is all about – introduction to our terms and conditions

    1. These are our terms and conditions which apply to our Service.
    2. Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on its behalf.
  4. Changing our terms and conditions

    1. We may change these terms and conditions by giving notice by email and/or by posting the new version on our web app. Please check our web app from time to time. You will be bound by the new terms if you continue to use our Service following the effective date shown.
  5. IMPORTANT WARNINGS

    1. The functionality of our Service depends entirely on you being logged into the web app and on there being a sufficient Internet connection to enable our Service to connect with the Controller. If you log out or the connection is too weak or lost for whatever reason, then Content may not be downloaded to or uploaded from the Controller and our Service may not otherwise work correctly. This may mean, amongst other things, that firing logs we store on our server may be incomplete or inaccurate and/or you may not receive warning alerts if for example the kiln overheats. We are not responsible for any such matters. It is your responsibility to make appropriate arrangements including monitoring of the kiln and storage of Content so that you are not entirely reliant on our Service. You rely on our Service at your own risk.
    2. If you create a program for your Controller on our Service it is your responsibility to carefully check that it is correct before you start using it.
  6. Your right to use our Service

    1. We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions and only in connection with Controllers manufactured by us.
  7. Acceptable use of our Service

    1. You undertake not to do any of the following in connection with the Service:
      1. breach any applicable law, regulation or code of conduct;
      2. use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
      3. do anything which may have the effect of disrupting the Service;
      4. gain unauthorised access to any part of the Service or equipment used to provide the Service;
      5. intercept or modify communications to or from the Service;
      6. circumvent any security or other features of the Service including features that restrict use or copying of Content; or
      7. attempt, encourage or assist any of the above.
  8. Content

    1. We may make backups at our discretion but do not guarantee to do so or that they will be suitable for your purpose. It is your responsibility to make your own frequent backups of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
    2. We may irretrievably delete your Content without telling you after this agreement ends.
  9. Guidance

    1. If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice and is not tailored to your personal circumstances. Nor is it intended to be a substitute for possession of an appropriate level of training, qualifications, skill and experience in the matters covered. You rely on such information at your own risk.
  10. Your account

    1. Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You undertake not to allow any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
  11. Support

    1. We do not supply support except to the extent specifically stated on our Service, as may be varied from time to time.
  12. Functioning of our Service

    1. We do not guarantee that the Service will be uninterrupted or error-free or that any Content generated, stored, transmitted or used via or in connection with the Service will be complete, accurate, secure, up to date, received or delivered correctly or at all.
    2. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
    3. You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
  13. Ending or suspending this contract

    1. You may at any time end this contract by closing your account in accordance with the instructions on our Service.
    2. We are entitled at any time to end or suspend this contract at any time without giving reasons by email notice.
    3. If either of us ends this contract:
      1. Your right to use our Service and all licences are terminated.
      2. We are entitled to delete all of your Content including firing logs and programs.
      3. Existing rights and liabilities are unaffected.
      4. All clauses in this contract which are stated or intended to continue after termination will continue to apply.
      5. You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.
  14. Restrictions on our legal responsibility

    1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
    2. If you are a Consumer, we shall not be liable for any loss or damage where:
      1. there is no breach of a legal duty owed to you by us;
      2. such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
      3. and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
      4. such loss or damage relates to a business of yours.
    3. If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer including claims made by other people arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
    4. The following clauses apply only if you are not a Consumer:
      1. In no event (including our own negligence) will we be liable for any:
        • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
        • loss of goodwill or reputation;
        • special, indirect or consequential losses; or
        • damage to or loss of data

        (even if we have been advised of the possibility of such losses).

      2. You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
      3. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
      4. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
  15. Intellectual property rights (e.g. copyright)

    1. The intellectual property rights in all material used on or in connection with our Service is owned by us or by our partners. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
    2. Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
    3. You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
    4. If you upload any Content to our Service you allows us to use such material for the purposes of supplying our Service.
  16. Privacy

    1. You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
  17. Events outside our control

    1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
  18. Transfer

    1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
  19. English law

    1. This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
  20. General but important information

    1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
  21. Complaints

    1. If you have any complaints, please contact us via the contact details shown below.
  22. Our company information

    1. Company name: Stafford Instruments Limited
    2. Country of incorporation: England and Wales.
    3. Registered number: 02083425
    4. Registered office and trading address: Unit 22 Wolseley Court, Staffordshire Technology Park, Stafford, Staffordshire, ST18 0GA
    5. Contact email address: support@staffordinstruments.co.uk
    6. VAT number: 478 7312 11