Droman Solutions Ltd, UK company number SC497299 with registered offices at 3.8 Techcube, 1 Summerhall Place, Edinburgh, EH9 1PL, United Kingdom, (“Droman Solutions” //”We” / ”Us”) provide digital products, applications services, technology and other tools for training, learning and personal professional development. These general terms and conditions (the “Terms”) tells you the terms on which you may use our application The GDPR – Accredited Training App (the “App”), Droman Solutions website located at www.dromansolutions.com (the “Site”) and our other digital products and services which – together with the App and the Site – are referred to herein as our “Services”.
1. ACCESS TO THE SERVICES
1.1 Access to our Services is permitted on a temporary basis and we reserve the right to withdraw or amend the Services at any time without notice to the extent permitted by applicable law. The Services may vary in design and scope. We may carry out updates, modifications, improvements and other measures to the Services from time to time, which may affect the availability of the Services. References to the Services contained in these Terms shall be deemed to include all updates, modifications, improvements and other measures as applicable.
The App offers training services accredited by Skills for Justice Awards on a yearly subscription basis with the accreditation being renewed on successful annual completion of the assessed aspect of the app, see here also Section 3 “Purchase”.
1.2 We will not be liable if for any reason our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Services, of our entire Services, to users who have registered with us.
1.3 You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that everyone who access our Services through your internet connection or device are aware of these terms, and that they comply with them.
1.4 Droman Solutions reserves the right to modify the Terms at any time upon thirty (30) days prior written notice, to be published on our website. It is important that you review the Terms whenever we modify them because if you continue to access the Services after such modified Terms have become effective, you agree to be bound by the modified Terms. If you do not agree to be bound by any modified Terms, you should terminate your use and access of the Services before they become effective.
1.5 Any notices or other communications provided by Droman Solutions under these Terms, including those regarding modifications to these Terms, will be provided by Droman Solutions:
(i) by banner display or similar notification through the Service; and/or
(ii) on our Site.
For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
2. USE OF THE SERIVCES
2.1 The Services are available solely for personal use by the individual who has subscribed to the App. The award made by Skills for Justice Awards on successful completion of the assessed use of the App on annual basis will apply only to the individual who has subscribed to the App and who registers their relevant personal data with us as at 2.2 below. The App, its content and benefits are not transferable to third parties. Do not misuse the Services, so that either Droman Solutions or anyone else gets harmed in any way. You may only use the Services as permitted by law and these Terms.
2.2 To access certain features of the Services, including the award accredited by Skills for Justice Awards you will have to create an account (“Account”). This Account is generated automatically by subscribing to the Services.
2.3 Your Account with Droman Solutions is personal and may not be transferred or used by someone else. Droman Solutions is not in any way responsible for any loss or damage caused by unauthorised access to your account. If you learn of or suspect any unauthorised use of your account, you must immediately inform Droman Solutions’ support, contact details at the bottom of this document.
2.4 You understand and agree that materials, commentary and other information displayed within the Services and learning from your use of the Services are not intended to amount to legal advice on which reliance should be placed. The Services are not intended to replace professional legal advice from a solicitor. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to or users of our Services, or by anyone who may be informed of any of the contents.
2.5 You may not transmit, and/or distribute files that may damage Droman Solutions’ or others’ technology or property (such as malicious code).
2.6 We welcome feedback, comments and suggestions for improvements to the Services. You can submit ideas, suggestions or opinions by writing to us at firstname.lastname@example.org
3.1 We offer the Services for purchase as an individual yearly subscription (“Subscription”). This section only applies when you purchase an annual Subscription or from Droman Solutions. By paying the Subscription fee you get access to the Services during such time. The Subscription is valid, subject to these Terms. All Subscriptions are paid in advance. Fees for Subscriptions can be found in the App or on the Site. Payments for Subscriptions are made on our website at https://www.constellate-gdpr.com or other such URL as may be provided from time to time and via in-App purchase through App Providers, such as Apple App Store and Google Play. Special terms and conditions may apply and will in such case be presented to you before you place your order. If you choose to make a purchase via the Services, you agree:
(a) to the specific terms for such Subscription;
(b) to pay the applicable fees and any taxes; and
(c) that Droman Solutions may charge your account with the app store or distribution platform (such as the Apple App Store or Google Play) where the App is made available (each, an “App Provider”).
3.2 All payments made are non-refundable and non-transferable except as expressly provided in these Terms or in any Subscription specific terms or in any Google Play Store and Apple App Store specific terms.
3.3 All amounts are payable and charged:
(i) at the beginning of the Subscription and at the time of each renewal period of such Subscription (in advance) until you cancel the Subscription.
3.4 Subscriptions are automatically renewed until cancelled by you. You may at any time terminate a Subscription, in which case your Subscription will still be valid for the Subscription time you have already paid for. If you have activated a Subscription from Droman Solutions through the GDPR – Accredited Training App website you can cancel your subscription by using the ‘cancel subscription’ facility within the app settings. If you have activated a Subscription from Droman Solutions via the App Store, Google Play Store or any other App Provider, using in-app purchase, you can only cancel your subscription through the use of their services. The ‘cancel subscription’ facility within the App settings will direct users to the relevant app provider. You must cancel a Subscription before it renews if you want to avoid being charged the fees for the following Subscription period. You will not receive a refund of the fees already paid for an active Subscription if you decide to cancel it before the end of a Subscription period.
3.5 If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any App Provider charges unless you have made a reasonable attempt at resolving the matter directly with Droman Solutions, except where the aforementioned charges may be cancelled or rejected under refund provisions provided in any Google Play Store and Apple App Store specific terms.
3.6 Droman Solutions reserves the right to not process or to cancel your order in certain circumstances, if we suspect the request or order is fraudulent, or in other circumstances which Droman Solutions in its sole discretion deems appropriate. Droman Solutions also reserves the right in its sole discretion to take steps to verify your identity in connection with your order. Droman Solutions will either not charge you or refund the charges for orders that we do not process or cancel.
3.7 Droman Solutions reserves the right to change the fees for Subscriptions at any time and Droman Solutions will notify you in advance of such changes becoming effective. Changes in the fees will not apply retroactively and will only apply for Subscription renewals after such changes in the price have been communicated to you. If you do not agree with the changes to the Droman Solutions pricing, you may choose not to renew your Subscription in accordance with Section 3.4.
4. PERSONAL DATA
5. RIGHTS OF USE AND INTELLECTUAL PROPERTY
5.1 All rights in and to the Services, including any trademarks, service marks, trade names and copyrighted content (together “Intellectual Property”) presented within the Services are the property of Droman Solutions and/or a third party’s property. You agree not to use Intellectual Property for any other purposes other than for your use of the Services unless otherwise is required by applicable mandatory law.
5.2 When you are using the Services you are granted a non-exclusive, non-transferable, limited license to use the Services and install the App onto your device(s) in accordance with the Terms and any applicable App Provider’s terms and conditions, for your personal use. Except as expressly granted in the Terms, you shall have no other rights to the App or the Services. All rights not expressly granted are reserved and retained by us.
5.3 User is made aware that for the App to function properly, you must also grant us the right to use the processor, mobile data, storage, screen and vibrate function on your device, as well as send you push notifications to the extent necessary for Droman Solutions to operate and maintain the Services.
6. LINKS TO THIRD PARTY WEBSITES FROM THE SERVICES
6.1 The Services may contain links to other websites or resources provided by third parties, these links are provided for information purposes only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7. LIMITATION OF LIABILITY AND DISCLAIMERS
7.1 You access and use the Services at your own risk. The Services are provided “as is,” without warranty of any kind. The user is responsible for its use of the Services and the technical equipment, software and other equipment required for the use of and access to the Services. Droman Solutions does not undertake the obligation to monitor the contents of User Content.
7.2 Droman Solutions does not assume any responsibility for errors or omissions in information, functionality or software, including User Content, which is referenced or linked to in the Services. In no event shall Droman Solutions be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. To the maximum extent permitted under applicable law, Droman Solutions’ aggregated liability for any direct damages shall be limited to Subscription fees paid by the user during the previous calendar year.
7.3 Violation of any of these Terms will lead to a direct termination of your user Account and Subscription. If you violate these Terms, you will not get a refund.
8.1 Should a User be dissatisfied with the Services; the User may submit a complaint to Droman Solutions at email@example.com If the User considers that the Services are incorrect, the User must notify Droman Solutions immediately after the discovery of the error. If no complaint is made within this time, the User will lose the right to compensation or to demand other actions from Droman Solutions to the extent permitted by law.
8.2 Users shall direct any claims against Droman Solutions within three (3) months from the time the damage was discovered or should have been discovered. A User who fails to do so will lose the right to direct the claim against Droman Solutions.
8.3 Complaints regarding services or items purchased from third parties shall be directed to the relevant supplier. Incomplete or incorrect information from third parties shall be notified to the third party and not to Droman Solutions.
9. RIGHT OF WITHDRAWAL
9.1 By accepting these Terms, you agree that you will thereby be regarded as having started using the Services (immediately upon downloading the App or purchasing a Subscription or other paid products). This means, with regards to Subscriptions and other paid products, that you will only have fourteen (14) days to withdraw from the agreement from the date you receive confirmation of your Subscription via email if you do not start using the Services during that period. To use your right of withdrawal you must send an email to Droman Solutions (see contact details at the bottom of this document). Any prepaid fees will be refunded within 30 days. All payments handled by Apple or another App Provider, such as in-app purchases, can only be refunded by Apple or other App Provider (as applicable) with its consent. Default in payment shall not be deemed as a termination of a Subscription.
10. TRANSFERS AND SUBCONTRACTORS
10.1 Droman Solutions reserves the right to engage a subcontractor to fulfil the obligations under the Terms. Droman Solutions shall ensure that the agreements with any subcontractor contains adequate regulations with regard to the security and processing of personal data.
10.2 The User is not entitled to assign or transfer any rights and/or obligations under these Terms or the use of the Services to any third party without Droman Solutions’ prior written consent.
10.3 Droman Solutions reserves the right to assign, totally or partially, its rights and/or obligations under these Terms.
11.1 You may choose to terminate/cancel your account and/or use of the Services at any time at your convenience.
11.2 You should be aware that removing or uninstalling the App or closing your Account will not be sufficient in order for you to terminate your Account and these Terms and stop any active Subscription(s) — you must also actively cancel the Subscription. You can cancel your Subscription by using the ‘cancel subscription’ facility within the app settings, which will direct you to the relevant App Provider where you should follow the instructions in the App store, or in the case of a Subscription purchased via the ‘GDPR – Accredited Training Website’ a Subscription payment cancellation confirmation will be displayed.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1 These Terms and the use of the Services shall be interpreted and construed in accordance with and governed by the laws of Scotland and the Scottish Courts shall have sole jurisdiction.
12.2 Any disputes or claim arising out of or in connection with the Terms shall be finally settled by a Scottish court, in accordance with Scots law.
12.3 If you are a consumer and have bought goods or services from us online you may be entitled to use the Online Dispute Resolution platform provided by the European Commission (known as the ODR-platform). You can access the ODR-platform here: http://ec.europa.eu/consumers/odr/
If you have any questions about these Terms or the Services, please contact Droman Solutions at: firstname.lastname@example.org
Where You Can Find Us
3.8 Techcube, 1 Summerhall Place
Edinburgh, EH9 1PL