This licence agreement (Licence) is a legal agreement between you (Licensee or you) and WMT Troncmaster Services Limited incorporated and registered in England and Wales with company number 09487931 whose registered office is at Verulam Point, Station Way, St Albans, Hertfordshire AL1 5HE (Licensor, us or we) for:
For the purposes of this Licence, Opsyte means Opsyte Online Limited incorporated and registered in England and Wales with company number 11818288 whose registered office is at Westmead House Westmead, Farnborough GU14 7LP and Opsyte EPOS APIs means the software interface programs proprietary to Opsyte enabling the automated transfer of service charge and other data from the electronic point of sale (EPOS) systems of the Licensee.
We license use of the TroncBox Software and Documents to you on the basis of this Licence. We do not sell the TroncBox Software or Documents to you. We remain the owners of the TroncBox Software and Documents at all times and all rights in and to the TroncBox Software and Documents (including without limitation copyright and all other intellectual property rights) are hereby reserved.
1. GRANT AND SCOPE OF LICENCE
1.1 As a client of the Licensor we may allow you and certain of your employees (as agreed with ourselves) to access and use the TroncBox Software. In consideration of you agreeing to abide by the terms of this Licence, we grant to you a non-exclusive, non-transferable licence to use the TroncBox Software and the Documents both in the UK or elsewhere in the world subject to and in accordance with the terms of this Licence.
1.2 You may:
1.2.1 access and use the TroncBox Software for your internal business purposes only.
1.2.2 receive and use any free supplementary software code or update of the TroncBox Software incorporating "patches" and corrections of errors as may be provided by us from time to time; and
1.2.3 use any Documents in support of the use permitted under condition 1.2.
2. RESTRICTIONS
2.1 Except as expressly set out in this Licence, or with the prior written consent of the Licensor, or as permitted by any local law, you undertake:
2.1.1 not to copy the TroncBox Software or Documents except where such copying is incidental to normal use of the TroncBox Software, or where it is necessary for the purpose of back-up or operational security;
2.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, share, demonstrate, vary or modify the TroncBox Software or Documents;
2.1.3 not to make alterations to, or modifications of, the whole or any part of the TroncBox Software, nor permit the TroncBox Software or any part of it to be combined with, or become incorporated in, any other programs;
2.1.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the TroncBox Software nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the TroncBox Software with another software program, and provided that the information obtained by you during such activities: (a) is used only for the purpose of achieving inter-operability of the TroncBox Software with another software program; and (b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (c) is not used to create any software, or facilitate any third party to create any software which is substantially similar to the TroncBox Software;
2.1.5 to keep access to the TroncBox Software secure and to maintain accurate and up-to-date records of the users of the TroncBox Software;
2.1.6 to supervise and control use of the TroncBox Software and ensure that the TroncBox Software is used by your employees and representatives in accordance with the terms of this Licence;
2.1.7 to take all reasonable steps to ensure that your employees do not share passwords or login credentials or to allow access to TroncBox to any employee or other person not authorised or requested by you to have such access.
2.1.8 not to provide or otherwise make available the TroncBox Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person other than your employees without prior written consent from us; and
2.1.9 to comply with all applicable technology control or export laws and regulations.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge that all intellectual property rights in the TroncBox Software and the Documents anywhere in the world belong to us, that rights in the TroncBox Software are licensed (not sold) to you, and that you have no rights in, or to, the TroncBox Software or the Documents other than the right to use them in accordance with the terms of this Licence.
3.2 You acknowledge that you have no right to have access to the TroncBox Software in source code form.
4. LIMITATION OF LIABILITY
4.1 You acknowledge that the TroncBox Software has not been developed to meet your individual requirements, including any particular cybersecurity requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of the TroncBox Software as described in the Documents meet your requirements.
4.2 We only supply the TroncBox Software and Documents for internal use by your business in conjunction with the provision of WMT Troncmaster Services, and you agree not to use the TroncBox Software or Documents for any re-sale purposes.
4.3 We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
4.3.1 loss of profits, sales, business, or revenue;
4.3.2 business interruption;
4.3.3 loss of anticipated savings;
4.3.4 loss or corruption of data or information;
4.3.5 loss of business opportunity, goodwill or reputation; where any of the losses set out in condition 4.3.1 to condition 4.3.5 are direct or indirect; or 4.3.6 any special, indirect or consequential loss, damage, charges or expenses.
4.4 Other than the losses set out in condition 4.3 (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to 4 times the annualised fee charged for by the Licensor to the Licensee for Troncmaster Services. This maximum cap does not apply to condition 4.5.
4.5 Nothing in this Licence shall limit or exclude our liability for:
4.5.1 death or personal injury resulting from our negligence; 4.5.2 fraud or fraudulent misrepresentation;
4.5.3 any other liability that cannot be excluded or limited by English law.
4.6 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the TroncBox Software and Documents. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the TroncBox Software and Documents which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
5. TERMINATION
5.1 We may terminate this Licence immediately for any reason by providing you with 30 days’ written notice of our intention to terminate.
5.2 On termination for any reason:
5.2.1 all rights granted to you under this Licence shall cease;
5.2.2 you must immediately cease all activities authorised by this Licence; and
5.2.3 access to the software will cease with immediate effect on expiry of the 30 days’ notice period.
6. COMMUNICATIONS BETWEEN US
6.1 We may update the terms of this Licence at any time on notice to you in accordance with this condition 5.2.3. Your continued use of the TroncBox Software and Documents following the deemed receipt and service of the notice under condition 6.3 shall constitute your acceptance to the terms of this Licence, as varied. If you do not wish to accept the terms of the Licence (as varied) you must immediately stop using and accessing the TroncBox Software and Documents on the deemed receipt and service of the notice.
6.2 If we have to contact you, we will do so by email or by pre-paid post to your Registered Office.
6.3 Note that any notice:
6.3.1 given by us to you will be deemed received and properly served 24 hours after it is first posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter; and
6.3.2 given by you to us will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter.
6.4 In proving the service of any notice, it will be sufficient to prove, in the case of posting on our website, that the website was generally accessible to the public for a period of 24 hours after the first posting of the notice; in the case of a letter, that such letter was properly addressed, stamped and placed in the post to the address of the recipient given for these purposes; and, in the case of an email, that such email was sent to the email address of the recipient given for these purposes.
7. EVENTS OUTSIDE OUR CONTROL
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 7.2.
7.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks or power supplies and information technology infrastructure.
7.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this Licence:
7.3.1 our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
7.3.2 we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the Event Outside Our Control.
8. HOW WE MAY USE YOUR PERSONAL INFORMATION AND OTHER DATA
8.1 Under data protection legislation, we are required to provide you with certain information about who we are, how we process the personal data of those individuals who use the TroncBox Software and the Documents and for what purposes and those individuals' rights in relation to their personal data and how to exercise them. This information is provided in the privacy policy and it is important that you read that information.
8.2 By entering into the terms of this Licence, you agree that any data which is collected and uploaded using Opsyte EPOS APIs may be used by the Licensor and/ or by Opsyte for reasonable purposes in addition to use of the TronxBox Software, including but not limited to anonymised statistical research and analysis both during the term of this Licence and at any time following its termination or expiry. You shall ensure that all necessary third party consents and permissions have been obtained for the Licensor and/ or Opsyte to use data for such purposes and shall indemnify the Licensor and Opsyte against all liabilities, costs, expenses, damages and losses suffered or incurred by the Licensor and/ or Opsyte (as appropriate) arising out of any breach of this condition 8.2.
9. OTHER IMPORTANT TERMS
9.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.
9.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
9.3 This Licence and any document expressly referred to in it constitute the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Licence or any document expressly referred to in it.
9.4 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing signed by us, and that will not mean that we will automatically waive any later default by you.
9.5 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
9.6 Save in respect of condition 8.2, which is enforceable against the Licensee by both the Licensor and Opsyte, no person who is not a party to this Licence shall have any right to enforce it pursuant to the Contracts (Rights of Third Parties) Act 1999.
9.7 This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.
Troncbox recognises the importance of respecting and protecting your personal data (information), and to be able to continue to provide you with the level of service you have come to expect from us, we need to collect, process and share a certain amount of information about you.
In this document, we explain what information we’re likely to hold, how we collect it and how we will use or share it. It also explains your rights and how to contact us or your local supervisory authority in the event you have a complaint. Our commitment to you is that we will continue to treat your personal data fairly and legally and with the same discretion and respect as we have always applied.
This policy applies to all your information however captured, including via our App, through our website or via telephone conversations with our staff. This includes situations when you:
With regard to the other situations mentioned above, Troncbox is the data controller. This means that we exercise judgment in determining how and why to process the information you share with us. We may share your information with the other members of our group of companies. If you are using the App as a private person (and not as an employee of our business customer), Troncbox is also the data controller for that processing of your personal data.
If you have questions about how we process your information that aren’t answered in this policy, we invite you to get in touch with us at support@Troncbox.com or contact your local telephone support Contact.
What information we collect and how we use it
Here we summarise the information we collect, why and how we use it and who we share it with.
We will keep your data secure and won’t sell your personal data to third parties. We only use your personal data to help us provide you with a great service.
Troncbox is committed to protecting you and your employer’s privacy. We only collect and use Personal Data to provide you and your employer with troncmaster serivces and all associated services, and tailor the information we share with you to help make it relevant, useful and timely. We will only share your personal data with organisations involved in fulfilling our role as your troncmaster services platform provider, such as:
our operational service partners, including our data processors, in order to operate the App and the Sites and deliver the services you have requested and/or with trusted partners to help us perform statistical analysis, marketing campaigns, PR campaigns, remarketing, send you email or postal mail, or provide customer support; and any existing or future member of the Troncbox group of companies. Please keep in mind that if you publicly disclose Personal Data and/or usage data through our App or our Sites, we are not responsible for the security of the personal data you publicly disclose (which may be collected and used by others).
The Sites may contain links to make it easier for you to visit other websites. These websites are managed by third parties and we encourage you to review the privacy statements of these websites so that you can understand how they collect, use and share your information. Troncbox is not responsible for the privacy statements or other content on websites it may link to.
We use third-party analytics and monitoring tools to help us understand how users interact with our website and to improve performance, usability and content. These tools may collect information such as IP address, device type, browser type, pages visited, interaction patterns and referring URLs.
The analytics tools we use include:
These analytics tools are used only where permitted by law and, where required, are activated based on your consent through our cookie management settings. Data collected through these tools may be processed outside the UK or European Economic Area, subject to appropriate safeguards such as standard contractual clauses.
You can manage or withdraw your consent at any time via our cookie settings.
This Cookie Policy describes how Troncbox, a product owned by WMT Troncmaster Services Ltd that provides services to the hospitality industry, collects, uses, and discloses information about individuals who visit our website or use our services (collectively referred to as "Users"). By using the Troncbox website or services, Users consent to the use of cookies in accordance with this Cookie Policy.
What are Cookies?
Cookies are small data files that are placed on a User's computer or mobile device when they visit a website. Cookies help websites remember certain information about the User, such as their preferences, login credentials, and browsing history. Some cookies are necessary for the functioning of a website, while others are used for analytics, advertising, or other purposes.
What Cookies do we use?
Troncbox uses both first-party and third-party cookies to provide Users with an optimal browsing experience and to improve our services. The types of cookies we use include:
Essential Cookies: These cookies are necessary for the proper functioning of the Troncbox website and services. They allow Users to log in and access their account, use the shopping cart, and navigate the site.
Performance and Analytics Cookies: These cookies collect information about how Users interact with our website and services, such as which pages they visit, how long they stay on the site, and what links they click on. This information helps us improve the performance and usability of our site.
Advertising Cookies: These cookies are used to display targeted ads to Users based on their browsing behavior and interests. We may use third-party advertising partners to serve these ads.
Social Media Cookies: These cookies allow Users to share content from our website on social media platforms such as Facebook, Twitter, and LinkedIn.
How do we use Cookies?
Troncbox uses cookies to:
How can Users manage Cookies?
Users can manage their cookie preferences by adjusting their browser settings. Most browsers allow Users to reject or accept all cookies, or to accept only certain types of cookies. Users can also delete cookies from their browser history at any time.
Please note that disabling cookies may limit Users' ability to use certain features of the Troncbox website and services.
Changes to this Cookie Policy
Troncbox reserves the right to amend this Cookie Policy at any time. Users will be notified of any changes to this Policy through a notice on our website or via email.
Contact Us
If you have any questions or concerns about our use of cookies, please contact us at by clicking on the 'Contact' button at the top of this page.
Troncbox’s commitment to security and data protection for GDPR From our executive team to our developers, everyone at Troncbox takes the security of our product and the protection of our customers’ and employees’ personal data very seriously. Our customers trust us with their data, and protecting that is crucial to running our business.
We’re actively working with our customers to fully understand their data processing and privacy needs. Additionally, we’re working with a specialist organisation to ensure that we’re ready for the changes brought in by GDPR.
We approach data protection from two different angles: internal processes and technical development. In short, we do everything we can to ensure we have the right people, processes and training in place to protect our customers’ data, while also ensuring our product is technically airtight.
Technical commitment
From a technical perspective, we go to great lengths to ensure that we protect our system from internal and external abuse with the controls laid out in this article. These controls play a big part in our GDPR compliance, while also helping our customers become GDPR compliant by ensuring the storage of employee data in Troncbox is up to GDPR standards. From a purely infrastructure perspective, we ensure the following: that the Troncbox system is protected from external attacks, that the data in the system is protected through encryption, and that we use data management processes to protect data from internal and external abuse. We have a third party carry out extensive penetration tests and a security audit on a regular basis.
Process commitment
All access to customer data is protected by roles and permissions within the Troncbox system. Troncbox employees can only access data on a need-to-know basis, and according to “the principle of least privilege,” which means Troncbox employees have the minimal level of access to data in order to do their job.
We require all our employees to complete data protection training, with an emphasis on how data protection relates to GDPR. Employees are routinely trained on new processes and procedures, and retrained on any subsequent changes.
Additionally, we require that each department document any process that relates to the processing of personal data. To protect our system against internal abuse, we also ensure Troncbox employees are given the minimum access to data required to carry out their role.
We believe GDPR is incredibly important, and will continue to review our data protection processes on an ongoing basis. We don’t see GDPR as a one-off project, but as an ongoing commitment to data protection and privacy.
