Terms & Conditions

Welcome to the Terms & Conditions page of the www.olcan.co.uk website (the "website" or "Site"), which is operated by Olcan Ltd, a company registered in England & Wales (No. 12632926) with offices at Southview, Eccleshall, Stafford, Staffordshire, ST21 6JA, UK ("we" or "us"). The terms "you" and "your" refer to the user or viewer of our website.

This website gives information about the Olcan system which uses a subscription service operated using an associated website https://olcan.co.uk

It also contains all contractual information governing the relationship between you and us including aspects relating to GDPR (see Privacy Policies and the Data Processing Agreement set out below).

Each of the sections below should be read and interpreted as a separate agreement or other legal document.

You will need to read the Website Terms of Use first, as they govern your use of this website.

www.olcan.co.uk

Website Terms of Use

If you continue to browse and use this website, you are agreeing to comply with and be bound by these Website Terms of Use which together with our Privacy Policy govern our relationship with you in respect of this website. If you disagree with any part of these Website Terms of Use, you must not use the website.

The use of this website is subject to the following terms of use:

  1. The content of the pages of this website is for your general information and use only; it is subject to change without notice.
  2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, completeness or suitability of the information and products found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  4. This website contains material which is owned by us or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of the website’s content without written permission is prohibited.
  5. This website may include links to other websites for your convenience and to provide further information. Where links are to websites not managed by Olcan we shall have no responsibility for the content of a linked website.
  6. These Website Terms of Use shall be construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any disputes which may arise in connection with this website.

Olcan Products - Terms and Conditions of Sale

The following are the terms and conditions for the sale of Olcan Products (the "Products") from the Olcan website www.olcan.co.uk (the "Site").

Olcan Ltd is a company registered in England & Wales (No. 12632926) with offices at Southview, Eccleshall, Stafford, ST21 6JA ("we" or "us"). The terms "you" and "your" refer to the user or viewer of the Site who uses the Site to place orders for the Products.

All Products sold by Olcan using the Site are sold subject to and in accordance with these terms and conditions (the "Conditions").

  1. Price

    1.1 The prices payable for the Products that you order are set out on the Site at the time you place your order. Delivery costs and VAT at the applicable rate are payable by you and are as shown on the order form on the Site. In the unlikely event that an error has occurred with our Site, we will not be obliged to supply the Products at an incorrect price.

  2. Formation of contract

    2.1 By placing an order, you are making an offer to us to purchase on these Conditions the Products you have selected. If we accept your order, we will notify you of our acceptance by issuing an order confirmation, which we will send by email to the email address provided with your order. The order confirmation will be effective on sending.

    2.2 Information contained in our publicity material, or on the Site constitutes an offer to treat and does not represent an offer to supply the Products.

  3. Payment

    Payment is required by debit card or credit card at the time of placing your order with us. The types of cards accepted by us are specified on the Site.

  4. Title and risk

    When you have ordered Products from the Site, the title to the Products and the risk of loss in the Products will pass to you when the Products are delivered to you at the address that you supplied on your order form or any other address that you have subsequently notified to us in writing as being your required delivery address.

  5. Refunds and exchanges

    Details of our policy for all non-warranty returns and exchanges are set out in the page on the Site, which can be found in our billing section.

  6. Operation of the Products

    You acknowledge and agree that the Products will not function without a subscription to the Olcan Employee Management System operated using the www.olcan.co.uk website (the "Service").

  7. Limitation of liability

    7.1 Any condition, warranty or other term arising out of or in connection with the supply of the Products which might otherwise be implied into or incorporated in these Conditions by statute, common law or otherwise (including without limitation any implied term as to quality fitness for purpose, reasonable skill and care) is hereby expressly excluded to the maximum extent permitted by law.

    7.2 Olcan does not exclude liability for fraudulent misrepresentation or death or personal injury resulting from its negligence or that of its employees.

    7.3 Subject to Condition 10.2, Olcan shall not be liable to you for any (a) direct loss, damage or injury; or (b) indirect, consequential or special loss, damage or injury (including but without limitation) financial loss, loss of profits or any other loss.

  8. General

    8.1 Law and jurisdictionThis Agreement shall be construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any disputes which may arise in connection with this Agreement.

    8.2 Entire Agreement.These Conditions constitute the entire agreement between you and Olcan and replaces all previous communications, representations, understandings, and agreements, whether verbal or written between you and Olcan. No representations or statements of any kind made by either party which are not expressly stated in these Conditions shall be binding on such parties.

    8.3 Circumstances beyond our reasonable control.Olcan will make every effort to perform our obligations under these Conditions. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as is reasonably possible.

    8.4 Invalid clauses.The invalidity or unenforceability of any provision of these Conditions shall not adversely affect the validity or enforceability of the remaining provisions.

    8.5 Headings.The titles and headings of the various sections of these Conditions are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of these Conditions.

https://olcan.co.uk - Website Terms of Use

This is a secure website dedicated to users of the Olcan subscription service (the “Service”). To use the service you must first sign up using the Sign-up page. You are required to enter a company email address, company name and a password.

Signing up for the Service requires you to provide information (“Customer Information”) for you to create your account. Your Customer Information and the information relating to your staff (referred to as “Personal Information”) is covered by our privacy policy. Part of the Customer Information you provide enables you to log in to the Service.

This website uses a “cookie” to provide additional functionality to the site to enable you to use the Service; it is not used to collect any Customer Information or Personal Information. Further information on cookies is set out in the cookie policy.

Data protection is a joint responsibility of all parties associated with a website. Users of the website must protect their account and password details so that their Customer Information and Personal Information is protected. The Customer responsibility for data protection is set out in our privacy policy.

The Service is being progressively developed. There will be changes made to the system from time to time which will affect the appearance of particular pages and enhance the system functionality.

Although there is a range of common requirements for employee time recording that the Service is seeking to fulfil, the range of potential requirements for employee time recording is virtually unlimited. Before signing up to the Service, Customers should satisfy themselves that the Service will meet their requirements; trial subscriptions are available so that Customers can try out the Service.

We do not warrant that the Service will be suitable for all employee time recording requirements of an individual Customer. A wide range of information is available at olcan.co.uk and we can be contacted to discuss your specific requirements and the features of the Service; you retain the responsibility for deciding whether the Service meets your needs.

If you use this website, you are agreeing to comply with and be bound by these Website Terms of Use which together with the Privacy Policy for this website govern our relationship with you in respect of this website. If you disagree with any part of these Website Terms of Use, please do not sign up to the Service and use the website.

This website contains material which is owned by us or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of the website’s content without written permission is prohibited.

These Website Terms of Use shall be construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any disputes which may arise in connection with this website.

Olcan Service Agreement

The following are the terms and conditions (the "Terms and Conditions") for use of the Olcan software (the "Software") and the provision of a subscription service to be used by you for tracking and reporting employee work time (referred to as the "Service").

Olcan Ltd is a company registered in England & Wales (No. 12632926) with offices at Southview, Eccleshall, Stafford, ST21 6JA.

The Software has been specified and developed by Olcan to meet the requirements of UK customers. The Service is operated and provided to you by Olcan through the website https://olcan.co.uk (the “Site") under the terms of a licence granted to Olcan, who host and maintain the Software.

By completing the Olcan purchase order and enrolling to use the Service you agree to be bound by these Terms and Conditions, including the purchase order, all payment terms, policies, practices, rules, standards and guidelines related to the Site and/or the Service that are in effect from time to time (collectively, the "Agreement"). Your successful enrolment for the Service constitutes your acceptance of this Agreement and thereafter you will be allocated an account ("your Account").

The text of this Agreement as amended from time to time is located in the 'link' labelled 'Terms & Conditions' at the bottom of the pages on the website www.olcan.co.uk.

Any reference to "you" or "your" refers to the person or entity subscribing to the Service. You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Service shall be bound by and shall abide by these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party.

By accepting the Terms and Conditions, you (a) represent and warrant that you are 18-years old or older; (b) agree to provide true, accurate, current and complete information; and (c) agree to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Olcan has the right to terminate your Account and refuse any and all current or future use of the Service.

  1. Rights to use the Service

    Olcan hereby grants to you a non-exclusive licence to use the Service in the United Kingdom in accordance with the terms of this Agreement. You may not: (a) modify, translate, or create derivative works based on the Service or the Software, or permit other individuals to do so; (b) rent, lease, transfer or otherwise transfer rights to the Service or the Software; (c) use a single account for multiple business entities, unless specifically authorised by Olcan in writing; (d) provide third parties with access to your account, except for third parties specifically authorised by Olcan; and/or (e) reverse engineer or disassemble the Service or the Software.

  2. Intellectual property

    All title and copyrights, trade secrets, patents, trademarks and other intellectual property in and to the Software and the Service are owned by Olcan. Copyright, trade secret and other laws protect the Software and the Service. All data not expressly entered into the Olcan system by you is the intellectual property of and owned by Olcan.

  3. Charges and payment

    3.1 The charges for the use of the Service shall be charged per year as posted on the Site or in this Agreement (the “Charges”).

    The annual Charges currently in effect that will be applied at the time of signing or electronically agreeing to these Terms and Conditions are set out below:
    1-49 users: £450 (per year)
    50-98 users: £650 (per year)
    99-999 users: £840 (per year)
    Businesses that require 1000+ users will need to contact us

    3.2 The amounts of Annual Charges and Additional Charges shown above exclude VAT, which will be added at the rate applicable at the date that Annual Charges and Additional Charges are charged to your Account.

    3.3 Olcan reserves the right to change the Annual Charges and/or the Additional Charges at any time, in its sole discretion, by posting notice of the same on the Site or by updating this Agreement and any such change shall become effective at the start of the month following the announcement of the change.

    3.4 Olcan reserves the right to change its payment policies from time-to-time in its sole discretion and any and all Olcan payment policies posted on the Site or in this Agreement shall be incorporated into these Terms and Conditions. You agree to pay Olcan all Monthly Charges and Additional Charges charged to your Account, in sterling, and in accordance with the payment policy in effect at the time those charges become due.

    3.5 You agree and represent that all information you provide for the purpose of enrolling for the Service, will be accurate, complete, and current. You expressly authorise Olcan to charge your credit card, charge card, or debit card for any and all applicable Monthly Charges and Additional Charges associated with your Account. If payment cannot be charged to your credit/charge/debit card for whatever reason, or if there is a charge-back for any reason, Olcan reserves the right to either suspend or terminate your Account and your use of the Service. If you provide Olcan with a credit card, charge card, or debit card that expires during the term of this Agreement, Olcan reserves the right to charge any renewal card issued to you as a replacement without any additional consent from you.

    3.7 In the event of any failure by you to make payment, or upon any charge-back, you shall be responsible for all reasonable expenses (including legal fees) incurred by Olcan in collecting such amounts plus interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

    3.8 All Charges and Additional Charges due and paid shall be non-refundable

  4. Representations and warranties

    4.1 You represent and warrant (a) that you have sufficient authority to enter into this Agreement; (b) that you will at all times be in compliance with all applicable laws; (c) that you shall not be in violation of any obligation, contract or agreement by entering into this Agreement, by performing your obligations under this Agreement or by authorising and permitting Olcan to offer and perform the Service; (d) that you will comply with all of the terms and conditions of this Agreement, as amended from time to time; and (e) that all information provided by you is truthful, accurate, and complete, and is not misleading in any way.

  5. Contract period

    5.1 This Agreement shall either run for a period of one month or for a period of one year dependant on billing being either monthly or annually from the date of enrolment for the Service and shall thereafter re-commence at the beginning of each subsequent month or year and run for a further period of one month or year until terminated. The Charges and Additional Charges shall be charged at the rates applicable at the start of each month or year.

  6. Termination

    6.1 You may terminate this Agreement at any time and for any reason by logging on to your Account on the Site and cancelling the Service. Olcan does not refund or prorate any Charges or Additional Charges in the event that you cancel the Services prior to the end of the contract. Once your Account has been terminated, you will no longer be able to access the information previously stored on your Account.

    6.2 Olcan’s rights to terminate are set out below:6.2.1 Olcan may terminate this Agreement in its sole discretion by giving fourteen days written notice to you prior to the end of the current contract period of its intention to terminate this Agreement.

    6.2.2 In addition, notwithstanding anything contained in this Agreement to the contrary, Olcan may in its sole discretion immediately terminate your Account at any time and discontinue your participation in the Service if Olcan believes that your conduct may be harmful to its business. Reasons for such termination may include, but are not limited to the following: (a) failure to make payment in accordance with this Agreement; (b) if Olcan believes that you have violated this Agreement or other policies or guidelines of Olcan; and/or (c) if Olcan believes your conduct may be harmful to others who participate in the Service. If Olcan terminates under this Section 6.2.2, Olcan’s termination shall be effective immediately and the notice provisions of Section 6.2.1 shall not apply.

    6.2.3 All decisions made by Olcan in this matter will be final and neither Olcan nor its dealers nor its re-sellers shall have any liability with respect to such decisions.

    6.3 Upon termination you will no longer be able to access your Account. Irrespective of which party terminates this Agreement you will be responsible for all Charges and Additional Charges incurred up to and including the date of termination and such Charges and Additional charges will be due and payable immediately. Upon any termination Olcan reserves the right to delete any and all information in your Account at its discretion and your Account will no longer be accessible by you.

  7. Modifications

    7.1 Olcanmay from time to time amend this Agreement in its sole discretion by giving not less than 14-days notice prior to the implementation of any changes to this Agreement. Any changes will be emailed to you and/or posted in this Agreement on the website www.olcan.co.uk by Olcan. Any use of the Service and/or the Site after such notice shall be deemed to be continued acceptance of this Agreement including any amendments and changes. No conditions other than those set forth in this Agreement shall be binding on Olcan unless Olcan expressly agrees to such conditions in writing and signed by a director of Olcan. Olcan reserves the right to discontinue offering the Services and/or Site at any time.

  8. Technical support

    8.1 Olcan will supply technical support for the Service via email. Access to email support can be found by clicking on the 'tab' labelled 'Support' located on the bottom of the pages on the website www.olcan.co.ukTelephone support is also available by calling 07717 362970 between 09.00 and 17.00 hours from Monday to Friday excluding bank or public holidays.

  9. Disclaimer of warranties

    9.1 You expressly agree that your use of the site and/or service is at your own risk. The Site and/or the Service are available on as 'as is' basis without warranty of any kind, express or implied, including but not limited to implied warranties of performance, merchantability or fitness for a particular purpose and Olcan disclaims any warranty regarding the availability, accuracy or content of the Site and the Service, or any economic benefit that you may gain from the use of the Site and/or the Service.

  10. Limitation of liability

    10.1 Except in respect of personal injury or death caused by Olcan’s negligence, Olcan shall not be liable to you for any consequential loss, compensation, cost, expense, damage or other claims (whether for loss of profit or otherwise) whatsoever (whether caused by the negligence of Olcan, its employees or agents or otherwise) arising out of or in connection with this Agreement or the supply of the Service.

    10.2 Olcan’s total cumulative liability to you in respect of this Agreement in contract, tort (including negligence or breach of statutory duty) shall not exceed an amount equal to all amounts actually paid by you to Olcan during the three-month period immediately preceding any such liability. You acknowledge that these limitations are reasonable, that they are an essential element hereof and that in the absence of such limitations Olcan would not enter into this Agreement.

  11. No assignment or resale

    11.1 You may not re-sell, assign, or transfer any of your rights under this Agreement, and if you attempt to re-sell, assign, or transfer your rights, Olcan may immediately terminate this Agreement without liability to Olcan.

  12. General

    12.1 Law and jurisdiction
    This Agreement shall be construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any disputes which may arise in connection with this Agreement.

    12.2 Entire Agreement.
    This Agreement constitutes the entire agreement between you and Olcan and replaces all previous communications, representations, understandings, and agreements, whether verbal or written between you and Olcan. No representations or statements of any kind made by you or us which are not expressly stated in this Agreement shall be binding on you or us.

    12.3 Circumstances beyond our reasonable control
    Olcan will make every effort to perform its obligations under this Agreement. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.

    12.4 Invalid clauses
    The invalidity or unenforceability of any provision of this Agreement shall not adversely affect the validity or enforceability of the remaining provisions.

    12.5 Headings.
    The titles and headings of the various sections in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of this Agreement.

    12.6 Survival
    The terms of Sections 2, 3, 4, 6.3, 9, 10, 11, 12 and 13 shall survive the termination of this Agreement.

Data Processing Agreement

This Data Processing Agreement for the Olcan Service (the "DPA") forms part of the Olcan Service Agreement for the use of the https://olcan.co.uk website and is between: OlcanLtd, a company registered in England & Wales (No. 12632926) with offices at Southview, Eccleshall, Stafford, Staffordshire, ST21 6JA, UK ( "we" or "us"); and you as the user ("you") of the Olcan Service (the "Service").

Agreement

By using the Service it is deemed that you agree to the following terms; if you do not agree with the following terms you must not use the Service.

  1. Definitions and Interpretation

    Unless otherwise defined herein, defined terms and expressions used in this DPA shall have the following meaning:
    "Data Controller" shall have the same meaning as 'controller' as defined in GDPR; "Data Protection Laws" means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
    "Data Transfer" means the transfer of your Personal Data to our Subprocessor for the purpose of providing the Service;
    "EU Data Protection Laws" means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
    "GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); "Personal Data" means for the purposes of this DPA "any information relating to an identified or identifiable natural person" as defined in GDPR Article 4(1) but excluding all special categories of personal data as defined in GDPR Article 9(1); "Service" means the Olcan Service;"you" and "your" refer to the user of the Service;The terms "Data Subject", "Personal Data Breach" and "processing" shall have the same meaning as in the GDPR and their cognate terms shall be construed accordingly.

  2. Nature and purpose of the processing

    You act as Data Controller and wish to subcontract certain services, which require the processing of your Personal Data, to Olcan. The purpose of the processing is to analyse and report on time and attendance data collected by means such as telephone or web clocking methods for payroll or HR or management purposes. The processing of your Personal Data is considered by Olcan to result in a low risk to the rights and freedoms of your staff. You will need to determine the suitability of the Service for your needs and purposes, and to do so you can request and trial a test account for the Service, which will enable you to understand the scope of the Personal Data you will be providing when you use the Service.

  3. Processing of Personal Data

    3.1 Olcan shall comply with all applicable Data Protection Laws in the processing of your Personal Data; and only process your Personal Data for the purposes of providing the Service.

    3.2 Your use of the Service shall represent an instruction from you to Olcan to process the Personal Data provided by you.

    3.3 You guarantee that you are providing Personal Data in accordance with Data Protection Laws and you acknowledge that you shall have sole responsibility for the accuracy, quality and legality of Personal Data and the means by which it was obtained.

  4. Confidentiality and Security

    4.1 Olcan shall treat all Personal Data as strictly confidential and use it only in connection with providing and supporting the Service.

    4.2 Olcan’s employees shall be subject to an obligation of confidentiality that ensures that its employees who have access to the Service shall treat all the Personal Data provided for the Service as strictly confidential.

    4.3 Olcan shall implement the appropriate technical and organisational measures to comply with Article 32 of GDPR and verify that the Subprocessor has also implemented appropriate technical and organisational measures.

  5. Rights of the Data Subjects

    5.1 If you receive a request from a Data Subject for the exercise of the Data Subject's rights under GDPR and the correct and legitimate reply to such a request necessitates Olcan’s assistance, we will assist you as appropriate.

    5.2 If Olcan receives a request from a data subject for the exercise of the data subject’s rights under GDPR and such request is related to your Personal Data we will immediately forward the request to you and shall refrain from responding to the person directly.

  6. Personal Data Breaches

    6.1 Olcan shall notify you without undue delay if a Personal Data Breach occurs that can lead to the accidental disclosure of, or access to, your Personal Data.

    6.2 Olcan shall make reasonable efforts to identify the cause of such a Personal Data Breach and take those steps as Olcan deems necessary to establish the cause of such a Personal Data Breach and to prevent such a Personal Data Breach from recurring.

  7. Assisting the Data Controller

    7.1 Olcan shall assist you in ensuring compliance with your obligations pursuant to Articles 32 to 36 of GDPR taking into account the nature of the processing and the information available to Olcan.

    7.2 Olcan shall make available to you all information necessary to demonstrate compliance with the obligations specified in GDPR Article 28.

  8. Duration of Processing and Deletion of Personal Data

    8.1 This DPA and the processing commence upon your signing up to use the Service; the duration of the processing is from that date up to the date that you cancel your subscription to the Service.

    8.2 Olcan shall ensure that your Personal Data is deleted immediately and automatically on cancellation of the Service.

  9. Remuneration and costs

    Whilst Olcan will provide you with assistance and make available information under clause 8 of this DPA, in circumstances where Olcan in its sole discretion considers the assistance or information requested is excessive Olcan reserves the right to charge for the work needed to provide such assistance or information at its technical support or management hourly fee rates as appropriate plus costs incurred including VAT.

  10. General

    10.1 All notices and communications given under this DPA shall be in writing and sent by email or post to the address set out in 'Contact Details' on the olcan.co.uk website.

    10.2 The titles and headings of the various sections in this DPA are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of this DPA.

    10.3 This DPA shall be construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any disputes which may arise in connection with this Agreement.

This policy was last modified on: 21 April 2022