Legal
Terms of Service
The terms and conditions that govern your use of the Pubs Management platform.
These Terms of Service constitute a legally binding agreement. By accessing or using the Pubs Management platform, you agree to be bound by these terms. If you do not agree, you must not use the platform. This document is not a substitute for independent legal advice.
1. Definitions
"Platform" means the Pubs Management web application, mobile applications, APIs, and all related services operated by TekSpert Ltd.
"Company", "we", "us", "our" means TekSpert Ltd, a company registered in England and Wales (Company No. 16711813), with VAT registration number 505 2175 24.
"Customer", "you", "your" means the individual or legal entity that registers for and uses the Platform.
"User" means any individual who accesses the Platform under a Customer's account, including employees, managers, and administrators.
"Services" means the scheduling, time tracking, communication, compliance, training, HR, and other operational tools provided through the Platform.
"Personal Data" has the meaning given in the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
"Subscription" means the paid plan selected by the Customer for access to the Platform.
2. Account Registration and Security
2.1. To use the Platform, you must register an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your login credentials.
2.2. You must notify us immediately at hello@pubsmanagement.com if you become aware of any unauthorised use of your account.
2.3. You are responsible for all activity that occurs under your account, whether or not you have authorised it.
2.4. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.
2.5. You must be at least 18 years of age to create an account. Users under 18 may only access the Platform as staff members under the supervision of an account holder who is 18 or older.
3. Subscription and Payment
3.1. Access to the Platform beyond the free trial requires a paid Subscription. Subscription plans and pricing are published on our website and may be updated from time to time with 30 days' notice.
3.2. All prices are quoted in British Pounds (GBP) and are inclusive of UK VAT at the prevailing rate unless otherwise stated.
3.3. Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected. Payment is due on the billing date and will be automatically charged to your nominated payment method.
3.4. If a payment fails, we will notify you and provide a reasonable period (not less than 7 days) to update your payment method before suspending access.
3.5. You may cancel your Subscription at any time. Cancellation takes effect at the end of the current billing period. No pro-rata refunds are provided for partial billing periods, except where required by applicable consumer protection law.
3.6. Where the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply, you have a 14-day cooling-off period from the date of Subscription purchase during which you may cancel and receive a full refund, provided you have not used the Services beyond the free trial during that period.
4. Permitted Use
4.1. The Platform is provided for business use by hospitality operators. You may use the Platform only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy.
4.2. You must not: (a) sublicense, resell, or redistribute access to the Platform; (b) attempt to reverse-engineer, decompile, or disassemble any part of the Platform; (c) use the Platform to store or transmit malicious code; (d) interfere with or disrupt the integrity or performance of the Platform; (e) access the Platform through automated means (bots, scrapers) without our written consent.
4.3. You retain ownership of all data you input into the Platform ("Customer Data"). You grant us a limited, non-exclusive licence to process Customer Data solely for the purpose of providing the Services.
5. Intellectual Property
5.1. All intellectual property rights in the Platform, including software, design, trademarks, and documentation, are owned by TekSpert Ltd or its licensors.
5.2. Nothing in these Terms transfers any intellectual property rights to you, except the limited right to use the Platform in accordance with your Subscription.
5.3. You may provide feedback, suggestions, or feature requests ("Feedback"). You grant us an unrestricted, perpetual, royalty-free licence to use such Feedback for any purpose, including product development.
6. Data Protection
6.1. We process Personal Data in accordance with our Privacy Policy and applicable data protection legislation, including the UK GDPR and Data Protection Act 2018.
6.2. Where the Customer acts as a data controller and we process Personal Data on the Customer's behalf, the terms of our Data Processing Agreement apply.
6.3. Both parties shall comply with all applicable data protection legislation in connection with the performance of obligations under these Terms.
7. Service Availability
7.1. We aim to maintain the Platform's availability at all times but do not guarantee uninterrupted or error-free service. We shall use commercially reasonable efforts to achieve 99.9% uptime, measured monthly, excluding scheduled maintenance.
7.2. We may perform scheduled maintenance with reasonable advance notice. Emergency maintenance may be performed without notice where necessary to protect the security or integrity of the Platform.
7.3. We are not liable for service interruptions caused by factors outside our reasonable control, including internet service provider failures, distributed denial-of-service attacks, or force majeure events.
8. Limitation of Liability
8.1. Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability that cannot be lawfully excluded or limited under English law.
8.2. Subject to clause 8.1, our total aggregate liability arising from or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed the greater of: (a) the total Subscription fees paid by you in the 12 months immediately preceding the event giving rise to the claim; or (b) one hundred pounds (GBP 100).
8.3. Subject to clause 8.1, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunity.
8.4. The Platform is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. Indemnification
9.1. You agree to indemnify and hold harmless TekSpert Ltd, its directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Platform in violation of these Terms; (b) your violation of any applicable law or regulation; (c) any third-party claim relating to Customer Data.
10. Termination
10.1. Either party may terminate these Terms by giving 30 days' written notice.
10.2. We may terminate or suspend your access immediately, without prior notice, if: (a) you breach any material provision of these Terms; (b) you fail to pay Subscription fees after a reasonable cure period; (c) we are required to do so by law.
10.3. Upon termination: (a) your right to access the Platform ceases immediately; (b) we will make your Customer Data available for export for a period of 30 days, after which we may delete it; (c) provisions that by their nature should survive termination (including intellectual property, limitation of liability, and governing law) shall survive.
11. Changes to These Terms
11.1. We may update these Terms from time to time. Material changes will be communicated via email or in-platform notification at least 30 days before they take effect.
11.2. Your continued use of the Platform after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Platform and may terminate your Subscription.
12. Governing Law and Disputes
12.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales.
12.2. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
12.3. Nothing in this clause affects your statutory rights as a consumer under applicable UK consumer protection legislation.
13. General Provisions
13.1. Entire Agreement: These Terms, together with our Privacy Policy, Cookie Policy, Acceptable Use Policy, and Data Processing Agreement, constitute the entire agreement between you and TekSpert Ltd.
13.2. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be amended to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
13.3. Waiver: No failure or delay by us in exercising any right under these Terms shall constitute a waiver of that right.
13.4. Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
13.5. Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including acts of God, natural disasters, epidemics, government actions, or internet infrastructure failures.
14. Contact
If you have any questions about these Terms, please contact us:
TekSpert Ltd
Email: hello@pubsmanagement.com
Company registered in England and Wales. Company No. 16711813. VAT No. 505 2175 24.