Command Centre Cloud Terms of Service

Gallagher Mobile Connect and Command Centre Mobile Terms of Service (“Terms”)

Last updated: (30/10/2017)
Please read these Terms of Service ("Terms") carefully before using either the
Gallagher Mobile Connect or Gallagher Command Centre Mobile applications ("Services") operated by Gallagher Group Limited ("we", or "our"). Your access to and use of these Services is conditional on your acceptance of, and compliance with these Terms. These Terms apply to all who access or use these Services.

By accessing or using either of these Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access these Services.

Termination

We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive
Termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Obligations

Gallagher will to attempt to provide continuous availability and access to Gallagher Mobile Connect and Gallagher Command Centre Mobile cloud based services. In the event we are unable to provide access for reasons beyond our control, we will make all reasonable efforts to communicate the reasons for the outage and expected duration of the outage clearly and explicitly to the customer. These outages could be due to third parties that the services depend on, such as, but not limited to Amazon AWS or other third party service providers. Gallagher have implemented and maintain commercially reasonable technical and organisational security measures designed to meet the following objectives: (a) ensure the security and confidentiality of Customer data in our or third party providers’ custody and control; (b) protect against anticipated threats or hazards to the security or integrity of Customer data; (c) protect against unauthorised access to or use of customer data; (d) encrypt Customer’s content and data during transmission by us using an https connection where appropriate; and (e) ensure that our return or disposal of customer data is performed in a manner consistent with the foregoing. However, we cannot guarantee that unauthorised parties will never be able to defeat those measures to access your data for improper purposes. You acknowledge that there are risks inherent in internet connectivity that could result in the loss of your privacy, confidential information, and property.

Subscriptions

Parts of these Services are billed on a subscription basis ("Subscription(s)"). Subscriptions will be billed in advance and must be renewed at 12 month intervals aligned with the renewal of your Software Maintenance Agreement OR the initial subscription date.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL GALLAGHER, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE (EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) CAUSED BY OR ARISING IN CONNECTION WITH:

• YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY TERMINATION OR SUSPENSION OF THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES, GALLAGHER’S DISCONTINUATION OF ANY OR ALL OF THE SERVICES, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON;
• THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
• ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES; OR
• ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA.

TO THE EXTENT THAT GALLAGHER’S, ITS AFFILIATE’S, SUPPLIER’S AND DISTRIBUTOR’S LIABILITY HAS NOT BEEN EXCLUDED BY THESE TERMS, CANNOT BE EXCLUDED BY LAW, OR THE EXCLUSION OF LIABILITY WOULD RENDER THESE TERMS UNENFORCEABLE, YOU AGREE THAT GALLAGHER’S, ITS AFFILIATE’S, SUPPLIER’S AND DISTRIBUTOR’S MAXIMUM LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE TOTAL INVOICE AMOUNT FOR THE SERVICES THAT YOU HAVE PAID IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE RELEVANT LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL GALLAGHER, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

If you have any questions about these Terms, please contact us.