Terms & Conditions of Use
Please carefully read the Terms of Use before using the Website in any way.
These terms and conditions of use ("Terms of Use") apply to this website ("Website") owned and operated by Choosist Limited (the “Operator”) setting out the terms between you and us under which you may access this website.
These Terms of Use agreement must be read in whole and not in part.
Your use of or access to this Website constitutes your acceptance, and agreement to abide by, and be bound by these Terms of Use.
- License
- You are, as a user of the site granted a nonexclusive, non-transferable, revocable, limited license to access and use this Website and content on a temporary basis, (including content that may be linked, embedded and otherwise displayed on other sites, platforms and devices) in accordance with these Terms of Use. The Operator may terminate this license and discontinue your use of this Website and any its content and services at any time and for any reason.
- Your use of and access to the Website constitutes your agreement to the collection and use of personal data to improve our service and product, internal business processes and services to you, as per our Privacy Policy (“Privacy Policy”). Please read through the Privacy policy carefully and ensure you are satisfied with its provisions.
- You agree that Website and its services are
- not permanent and should be considered changeable and temporary in nature.
- whilst we will endeavour to update the site, information and services from time to time, such updates will take place ‘as and when’, at our discretion, and we are under no obligations to keep maintain or retain, nor alter change update or remove, data information or services, subject to this Terms of Use and the Privacy Policy,
- subject to availability which is at our discretion, planned or unplanned on an "as is" and "as and when available" basis
You agree that our services are not suitable for those under sixteen years of age and, as such, by using our Website you represent that you are at least sixteen years of age. Persons who are at least sixteen years of age but under the age of eighteen years of age may only use this Website with legal parental or guardian consent.
Log in rights may be suspended or withdrawn at any time at our total discretion. Any log in account and/or password details that are set for your utilisation of the Website are personal to you and must not be communicated shared or disseminated in any way. You are responsible for the confidentiality and security of your access details to the Website.
Prohibited Use
- You must NOT
- copy modify, print, reproduce, republish, distribute or resell for profit or for non-profit, commercial or public use, any part of or whole of, the Website without prior written consent from the Operator
- infringe any third party rights in any way whatsoever
- use the Website to conduct commercial or promotional activities or sales efforts without our written consent. The content information and services of this Website is provided for your personal use. Any ecommerce and buying activity available on the site may be used by you for group purchasing as long as you are authorised to make such decisions on the group’s behalf
- use the Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- use the Website in any way that breaches any applicable local, national or international law or regulation
- misuse the Website by knowingly by introducing viruses, trojans, worms, time-bombs, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful or similar computer code designed to adversely affect the operation of any computer software or hardware or to introduce Hidden intrusive or malicious content into the site
- undertake any action or omission which would interfere with or disrupt the software applications or servers or networks connected to the software applications
- undertake any action or omissions to de-compile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with any aspect of any software applications.
- undertake any action or omissions to extract, sell, create derivative content, manually or by automated means, including spiders, robots, crawlers, or the like to download data from the Website;
- undertake any action or omissions to extract or determine usage, identities of users, including but not limited to spamming, phishing and spoofing techniques
- undertake any action or omissions to gain or attempt to gain unauthorised access to the Website, in order to interfere with, damage or disrupt or indeed for no reason whatsoever:
- the server on which any part of the Website is stored or any server, computer or database connected to the Website.
- any equipment or network on which the Website is stored
- any software used in the provision of the Website; or
- any equipment or network or software owned or used by any third party.
attack the Website via a denial-of-service attack or a distributed denial-of service attack. Any breach of this term, would constitute a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
solicit minors for the purpose of harming or attempting to harm minors in any way. Any breach of this term, would constitute a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
obtain contact details for the purposes of harassing our staff or any other illegal activity; and/or Attack harm stalk. Any breach of this term, would constitute a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
post on or offsite abusive material, defamatory or discriminatory material that is in any way connected to this Website, subject to your statutory rights. Any breach of this term, would lead to the immediate cessation of your right to use the Website.
Nature of information and reliance
The content on the Website is provided for general information only, not advice on which you should rely. You must obtain specialist professional advice before taking, or refraining from, any action on the basis of the Website content.
We make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date, including information, data, justifications or services, provided by, and/or made available to us (which includes information from third parties). As such the web pages contained in the Website may contain technical and typographical inaccuracies.
It is your responsibility to check information and any reliance on all such information, as well as the use of the Website in general, is at your own risk.
Must obtain specialist advice before taking / refraining any action on basis of site
You use the Website at your own risk
Third Parties, Links Resources and Communications in our Website
- Links to other sites and resources provided by third parties are provided for your information only. We have no control over the contents of those websites, servers or services. Such links do not imply endorsement of such websites, their tone, content, data or services.
- Inclusion of links, services, information and use of resources of third parties do not constitute any relationship of agency or equivalent legal relationship whatsoever, except if and where explicitly stated.
Intellectual Property Rights
- Except where explicitly provided for in these Terms of Use, nothing within this agreement shall confer any license, lease, ownership or proprietary rights whatsoever, by estoppel, implication or otherwise.
- You agree, all text, images, artwork, audio and video content, computer code (including but not limited to HTML, HTML5, JavaScript, JSON and PHP) (including but not limited to logos, design, structure, configurations and compilations, colour schemes and ‘look and feel’)belongs to the Operator in fact and in law including but not limited to any rights in terms of copyright, trademarks, registrations, product and trade / business names, patents and any other similar claim
- You agree the Operator makes no claims of ownership or any other proprietary rights over any logos, copyrights, trademarks, computer code, product and trade / business names or patents of third parties listed referred to on this Website or used in the development and deployment of this Website..
- You are not entitled to transfer or assign any right or obligation arising under these Terms of Use without our express written permission.
- You agree that to reproduce, duplicate, copy, print or re-sell any part of the Website constitutes a breach of these Terms of Use.
- In the event of such a breach your any rights to use, as well the facility to use this Website will cease immediately, you will communicate this to us immediately, then, at our discretion, return or destroy any copies material or data.
- You agree to communicate any complaints regarding data and intellectual property rights to the Operator in the first instance by emailing us on at [email protected].
General liability disclaimer
- These Terms of Use do not exclude or limit liability for death or personal injury arising from our negligence, our fraud, or any other liability that cannot be excluded or limited by English law
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, expressly or implied. We make no representations, warranties, guarantees or promises or assurances that any third party independent data from third parties or any data provided by us is accurate or reflects the true value of that product as assessments and evaluations are based on subjected inputs by You as well as external factors including but not limited to product details, product prices, technological advances, market and industry developments, consumer trends, component prices, market conditions and currency fluctuations (nationally and internationally) which are used in such processes, which may affect the value of any suggestions. You rely on any information, including but not limited to pricing, evaluations, product specifications, benchmarks and vendor availability entirely at your own risk.
- Our services are not suitable for those under sixteen years of age and, as such, by using our Website you represent that you are at least sixteen years of age. Persons who are at least sixteen years of age but under the age of eighteen years of age may only use this Website with legal parental or guardian consent. We have no duty to verify or ensure whether a user is able or eligible to use the site, by age or any other eligibility or capacity. This is your responsibility.
- We will not be held responsible in any way for any, interruption, delay, failure or any other impediments to the Website arising from circumstances beyond our reasonable control including, but not limited to, failure of equipment or transmission (or other supply) difficulties (except where such failure or transmission (or other supply) difficulties are caused by our negligence or wilful default), fire, explosion, earthquake, flood, storm, public disorder, riot, strikes, industrial disputes, war, industrial, chemical or nuclear accident, terrorist activity, the act or order of any government department, council or other bodies exercising public functions and authority, and acts of God
- We will not be responsible for any loss or damage, in contract or tort, breach of statutory duty, or otherwise, even if in negligence, even if foreseeable, arising under or in connection with:
- access or inaccessibility to, or, use of, or inability to use the Website;
- reliance on or use of any content including information, data, justifications or services, provided by, and/or made available to us, displayed on the Website;
- interruption of trade or business
- loss of profits, turnover / sales / revenue, customer accounts or business opportunities, reputation or goodwill;
- loss of anticipated savings; or
- any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, trojan, worm, time-bomb, logic bomb, keystroke logger, spyware, adware, distributed denial-of-service attack or other material which is fraudulent, malicious or technologically harmful or similar computer code designed to adversely affect the operation of a computer software or hardware or to introduce Hidden intrusive or malicious content into a computer, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it
We do not make any warranties guarantees or representations that the Website will remain immune or free of virus and other harmful fraudulent, malicious or technologically harmful computer code. You must ensure you take professional advice and install appropriate software and hardware to protect your devices from the aforementioned risks and similar risks
We will not be held liable whatsoever for any failure in access or ability to use the Website as a result of your provisions for access to the Website and / or the internet in general. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software
We assume no responsibility for third-party websites, servers and services linked to the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We will not be held responsible where appropriate care and attention has not been taken in use of the Website. You agree to take all reasonable and necessary precautions when using the Website and its services, including when connecting to third-parties
Nothing in the nature of our relationship with you nor in the nature of the service we provide to you will be or can be construed as fiduciary in nature except where provided for by law.
Changes
- We reserve the right to change, amend or update these Terms of Use at any time by making those changes on this page and on any other pages in the website, including but not limited to the Privacy Policy, as detailed on this page. You should check this page from time to time to ensure that you are up to date, understand any amendments made, as they are legally binding upon you.
- We may change the content, data, analyses and information displayed on and available via this Website from time to time, in whole or part at any time, although we are not obliged to make any such updates.
Governing law and jurisdiction
- This Agreement is governed by the law of England and Wales, and is subject to the exclusive of the courts of England and Wales.
Termination
- Your access to the Website, its services, data and information, including but not limited to its log-in facility, can be terminated at any time for any or no reason, at the Operator’s discretion.
- We will determine at our discretion whether any breach of this contract has taken place
- If such a determination takes place, we may take any or all legally permitted steps, in no particular order, including but not limited to:
- issue of a warning to you;
- immediate, temporary or permanent withdrawal of your right to use any/all of the Website, its services, data and information;
- blocking your IP address or your access by other identifiers or markers;
- pursuing you in legal action for all costs incurred on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from said breach;
- further legal action against you; and/or
- disclosure of any information to law enforcement authorities in any jurisdiction as we deem necessary where we feel such action is appropriate.
Complaints and notices
- Whether in respect of the matters, actions, omissions or occurrences pertinent to your or our rights and duties under the Terms of Use above or not, you may contact us on [email protected].
- We will endeavour to respond within five working days or less.
- If for any reason you feel the response has been unsatisfactory or inappropriate in any way, please contact us via [email protected] stating this clearly in the subject line and, if possible, a member of the senior management team will respond within a further five working days or less.
July 2017