1 Acceptance of Terms
1.1 By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site and using the Services to create and run an election, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by Choice Voting, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
1.2 Certain of the Services may be subject to additional terms and conditions specified by Choice Voting from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
1.3 These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
2.1 Choice Voting reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services or by email.
2.2 Choice Voting may also impose limits on certain features of the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
3.1 You represent and warrant that you are at least 16 years of age. If you are under age, you may not, under any circumstances, use the Services.
3.2 Choice Voting may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
3.3 The Services are offered only for your use, and not for the use or benefit of any third party.
While some features of the Service are available to unregistered users, for broader access to the Services you must register with Choice Voting (creating an “Account”). In order to register an Account, you must provide an accurate email address and select an organisation name. You are responsible for updating the accuracy of the e-mail address that you provide to Choice Voting to be associated with your Account. Regarding organisation names, you shall not (1) select or use, as your username, the name of another person with the intent to impersonate that person; (2) select or use, as your organisation name, a name subject to any rights of a person or entity other than you without appropriate authorization or (3) select or use, as your organisation name, a name that is otherwise offensive, vulgar or obscene or (4) select or use multiple accounts for the same organisation with intent to abuse the promotional free voters. (5) create or launch multiple elections with direct or indirect intent to abuse the generous free voter promotion.
5 Account Security
5.1 You are solely responsible for the activity that occurs on your Account, and for keeping your Account secure.
5.2 You are not permitted to use another Account without permission.
5.3 You must notify us immediately of any breach of security or other unauthorised use of your Account. You should never publish, distribute or post login information for your Account.
5.4 You should not make available to anyone other than the account holder, the use of the administration dashboards for your elections.
5.5 You must not share any login information.
6 Choice Voting Services
The Services allow you to either (i) create an election or (ii) or vote in an election as defined by the user that created the election.
For purposes of these Terms of Service, the term “Content” includes, without limitation, election, ballot, candidates, voters, design, candidate photos, election results, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.
7.2 User Content.
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users, whether publicly posted or privately transmitted (collectively “User Content”), is the sole responsibility of the user who originated it. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. When you delete your User Content, it will be removed from the Services.
7.3 Choice Voting Content.
a. The Services contain Content specifically provided by Choice Voting or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
7.4 Use License.
Subject to these Terms of Service, Choice Voting grants each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use as part of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Choice Voting, or from the copyright holder identified in such content's copyright notice. If you would like to use the Services for commercial purposes, consider purchasing a license for our Choice Voting Enterprise services, or contact us regarding other types of uses.
7.5 License Grants.
a. License to Choice Voting.
By submitting User Content through the Services, you hereby do and shall grant Choice Voting a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and Choice Voting (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds).
b. License to Users.
You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive license to access your User Content through the Site and the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.
c. No Infringement.
You represent and warrant that you have all rights to grant such licenses without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
7.6 Availability of Content.
a. Choice Voting does not guarantee that any Content will be made available on the Site or through the Services. Further, Choice Voting has no obligation to monitor the Site or the Services. However, Choice Voting reserves the right to (i) remove, edit or modify any Content in its sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Choice Voting is concerned that you may have violated these Terms of Service), or for no reason at all and (ii) remove or block any Content from the Services.
8 Rules of Conduct.
8.1 You agree not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
8.2 You shall not, and shall not permit any third party to, either (i) take any action or (ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content (including User Content) on or through the Service that:
a. infringes any intellectual property including recording, reusing, reselling or reproducing in whole or in part any information, documents, online content including any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
b. is unlawful, such as content that is threatening, abusive, harassing, defamatory, fraudulent, invasive of another’s privacy, or tortuous;
c. constitutes unauthorised or unsolicited advertising, junk or bulk e-mail (“spamming”);
d. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password or other information of Choice Voting or any third party;
e. impersonates any person or entity, including any employee or representative of Choice Voting;
f. includes anyone’s identification documents or sensitive financial information; or
g. is otherwise determined by Choice Voting to be inappropriate at its sole discretion.
8.3 You shall not: (i) take any action that imposes or may impose (as determined by Choice Voting in its sole discretion) an unreasonable or disproportionately large load on Choice Votings’ (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures Choice Voting may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of Choice Voting’s guidelines and policies.
8.4 You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any aspect, feature or part of the Services, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all laws and regulations.
8.5 Choice Voting also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Choice Voting, its users and the public. This includes exchanging information with the government or other companies and organisations for fraud protection and spam prevention.
9 Third Party Services.
The Services may permit you to link to other websites, services or resources on the Internet, such as Twitter and Facebook, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under the control of Choice Voting, and you acknowledge that Choice Voting is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Choice Voting or any association with its operators. You further acknowledge and agree that Choice Voting shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
10 Term and Termination
10.1 You are deemed to have accepted this Agreement on the earlier of the date you (i) agree to the terms of this Agreement by pressing the submit and agree button or (ii) make a payment to us for the use of the Services available on Choice Voting or (iii) use or gain access to any of the resources available via Choice Voting website (“Commencement Date”), whether or not you have made a payment in whole or in part.
10.2 Following the Commencement Date, this Agreement will continue for a minimum of 12 months. Thereafter this Agreement will become a rolling contract where 28 days’ notice is required in order to terminate this Agreement (save for instances set out below).
10.3 We can terminate this Agreement, including terminating immediate access to any Choice Voting website content without any liability, with or without cause, with or without notice, which may result in the forfeiture and destruction of all information associated with your Account, including where you:
(a) commit a material breach of your obligations under this Agreement; or
(b) fail to make pay any amount due under the Agreement on the due date for payment; or
(c) are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
(d) enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
(e) convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
10.4 You may terminate your Account, by following the instructions on the Site.
10.5 All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, intellectual property, warranty disclaimers, indemnity and limitations of liability.
11 Warranty Disclaimer
11.1 Choice Voting has no special relationship with or legal duty to you. You acknowledge that Choice Voting has no control over, and no duty to take any action regarding:
a. which users gains access to the Services;
b. what Content you access via the Services;
c. what affects the Content may have on you;
d. how you may interpret or use the Content; or
e. what actions you may take as a result of having been exposed to the Content.
11.2 You release Choice Voting from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Choice Voting makes no representations concerning any Content contained in or accessed through the Services, and it will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
11.3 The Services and content are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Choice Voting, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Services is free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk. Some states do not allow limitations on implied warranties, so the foregoing limitations may not apply to you.
12 Confidential Information and Data Processing.
You consent to Choice Voting processing your personal information in order to provide the Services. Choice Voting will use reasonable endeavours to keep your information safe. Nevertheless, you consent to the fullest extent permitted by law to Choice Voting not being held liable for the loss and breach of any privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Choice Voting’s equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services. Where a breach or loss of your information has occurred Choice Voting endeavour to inform you as soon as practicable. If you wish for your personal data to be erased from Choice Voting database please notify us in writing in order for us to comply with your request.
You shall defend, indemnify, and hold harmless Choice Voting, its affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including all legal fees, that arise from or relate to your use or misuse of, or access to, the Site, Services, Content, or which otherwise arise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Choice Voting reserves the right to solely deal and control any claim that will result in you indemnifying Choice Voting , in which event you will assist and cooperate with Choice Voting in order to us to effectively do so.
14 Limitation of Liability.
To the maximum extent permitted by law, we will not be liable to you in any way for any indirect, special, incidental, punitive or consequential loss, damage, expense, cost, loss of income, loss of or corrupt business or personal data, goodwill or profits, or for any loss or damage that was not reasonably foreseeable by us at the time you entered into this Agreement, including any business interruption, third party claims. Moreover, we will not be liable to you in any way for any bugs, viruses, trojan horses, or the like (regardless of the source of origination). Notwithstanding the foregoing, under no circumstances shall such liability exceed any damages in excess of one hundred pounds (£100.00) in the aggregate.
15 Governing Law.
15.1 These terms and conditions are governed by and construed in accordance with the laws of England and Wales.
15.2 Any dispute you have which relates to these terms and conditions, or your use of Choice Voting application (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales.
16 Entire Agreement and Severability.
16.1 These Terms of Service are the entire agreement between you and Choice Voting with respect to the Services and use of the Site, and supersede all prior communications and proposals (whether oral, written or electronic) between you and Choice Voting with respect to the Site. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
17.1 Force Majeure.
Choice Voting shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Choice Voting’s reasonable control, including, without limitation, degradation, mechanical, electronic, telecommunications or other communications failure.
These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Choice Voting’s prior written consent. Choice Voting may assign, transfer or delegate any of its rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognised overnight delivery service.
17.5 No Waiver.
The failure of Choice Voting to enforce any part of these Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Service to be binding, Choice Voting must provide you with written notice of such waiver, provided by one of its authorised representatives.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
18 Payment Methods
18.1 All Invoices will be issued in GBP sterling only. Choice Voting accepts payment via Credit Card (Visa, Mastercard), and Purchase Orders. Agreement by us to offer payment by invoice is not an offer of credit, invoices will be due for payment at the end of your election or within 15 days of launching an election whichever is sooner. Invoice total will be for the number of voters in your election, not the number of votes received during an election. If we have agreed to invoice you for your election and we do not receive a purchase order, the continued use of Choice Voting software will be deemed approval to invoice your organisation at the conclusion of your election.
18.2 Paying by Credit or Debit Card - Choice Voting accepts Credit or Debit Card as payment for elections and/or annual subscription plans. Payment with a Credit or Debit Card is made at the point of launching an election, payment is an online process only.
18.3 If the cost of the election or subscription is greater than the value of the Credit or Debit Card payment, you will be responsible for the remaining balance. Choice Voting reserves the right to refuse payment by Credit or Debit Card under any circumstances.
18.4 Paying by Purchase Order - Choice Voting accepts Purchase Orders from verified Organisations, Schools, Universities, Students’ unions & colleges. To pay with a purchase order, please contact us by email ([email protected]) and inform us of your intention to pay with a purchase order. When the request is received and approved by Choice Voting, an invoice will be generated and provided to you. By continuing to use Choice Voting services, you agree that the issuing institution has approved the purchase order and are entering into an agreement that the amount due will be paid in full. You agree that you are an employee, contractor, and/or valid representative of the issuing organisation and have implied or direct consent to pay for services and/or products with a purchase order. Payment is due within 15 days of subscribing and/or launching an election. A monthly service fee of 8% above the base rate of the Bank Of England, or the maximum allowed by law, is payable on all overdue balances.
We do not offer any refund payments. You may cancel your Choice Voting paid subscription at any time but you won't be issued a refund. All sales are final.
You may contact Choice Voting: by mail at [email protected]
Or by post at
RDT Systems Limited T/A Choice Voting
Choice Voting Dept
Bayside Business Centre