“You” means the user of our service (“Service”). “Your” shall be construed accordingly.
If you are under 16 years old you have no right or other entitlement to use the Service and you must stop doing so immediately.
We make no charge for end-users (cf those providing content to be carried on the Service) making use of the Service. You should note, though, that your network operator may charge you for the use of their systems and/or network in accessing the Service.
The Service is used by you wholly at your own risk and, to the maximum extent permitted by law, neither we nor any member of the WebXeL Group give any warranty or other assurance (whether express or implied) with regard to it. Without prejudice to the foregoing generality and to the maximum extent permitted by law, neither we nor any member of the WebXeL Group give any warranty or other assurance with regard to: (i) the accuracy or completeness of the information carried on the Service; (ii) the availability of the Service (either in whole or in part); or (iii) non infringement, security, fitness for a particular purpose, satisfactory quality or compatibility.
The operator of the store from which the Service is/was downloaded by you ("Operator") is not responsible for the Service or its content or the provision of any maintenance or support services in connection with it. Without prejudice to that generality, the Operator is not responsible for (i) claims arising in connection with the Service (whether directly or indirectly); or (ii) investigating, defending or settling any third party claim that its intellectual property rights have been infringed by the Service or your use of it.
The Operator and each member of the group of companies of which it forms part from time to time are third-party beneficiaries of the Terms and you agree that the Operator will have the right (and will be deemed to have accepted the right) to enforce the Terms against you and that as a third party beneficiary thereof.
We are not the agent for or representative of any business or other third party whose details are carried on the Service. Neither we nor any member of the WebXeL Group give any warranty or other assurance with regard to the information, products and/or services carried on the Service. It is your responsibility to satisfy yourself with regard to all aspects relative to those businesses, third parties, information, products and services.
Neither we nor any member of the WebXeL Group endorse, approve, recommend or associate with any particular business, person, service, product or thing carried by the Service. The Service carries the logos, domain names, trademarks and service marks of a range of third parties and each of those remains the property of the third party concerned.
We may, in our absolute discretion, restrict, disable, suspend or terminate your access to all or part of the Service, your subscription and/or your account at any time and that without liability of any kind to you or a third party.
You are responsible for the content of all (if any) material supplied to us using your login details and password. You accept that you should not disclose your password or other login details to anyone else and that, if you do so, that is at your own risk. In circumstances where your login details and password have been, may have been or may be used without your permission, you shall inform us immediately by email.
By using the Service, you accept our Cookies Policy (as varied by us, acting in our absolute discretion, from time to time).
The Service provides the facility for you to search for events, deals, organisations, goods, services and other information and to contact third parties in connection therewith. We consent to your use of the Service for that purpose provided always that you do not use it (i) to create, amend or otherwise vary a similar or comparable database of events, deals, organisations, goods, services and other information (whether for your own purposes or that of a third party) (ii) for any illegal or unlawful purpose; (iii) to threaten, harass, oppress, abuse harm, offend or discriminate against a third party; (iv) to impinge on the privacy of a third party; (v) in a way that we, in our absolute discretion, determine is inappropriate; (vi) in a way that we, in our absolute discretion, determine imposes or may impose a material burden on systems, processes and/or infrastructure; or (vi) in a manner that we, in our absolute discretion, determine causes or is likely to cause disruption to or interference with the Service. The Service is for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, copy, licence, create derivative works from or transfer for any commercial purpose, all or any portion of the Service.
Events outwith our control may adversely affect the Service from time to time. It is subject to the limitations of the technology that supports it and it may be adversely affected by network coverage and performance. It may also be adversely affected by other operational factors such as the capabilities of your mobile device. Neither we nor any member of the WebXeL Group shall have any liability, on any basis, for any failure, delay or error in connection with the Service and/or its transmission and you shall not, in any circumstances, be entitled to a refund (either in whole or in part) of any amounts paid to us in respect of a period during which the same subsists.
Map locations and directional services are illustrative only and we give no warranty or other assurance with regard to their completeness or accuracy. You are responsible for verifying the accuracy and completeness of map location data relative to each entry carried on the Service and all (if any) directional services relative thereto. We have no responsibility to you in respect of your use of map locations and/or directional services carried on the Service.
You shall be deemed to have given us and each member of the WebXeL Group your consent to use all (if any) material that you supply to us from time to time and that in whatever way and in whatever medium that we or such member of the WebXeL Group (as the case may be), in our/its absolute discretion, determine and you acknowledge that: (i) neither we nor any member of the WebXeL Group shall be under any obligation to use any or all of such material; (ii) we and/or such member of the WebXeL Group (as the case may be) shall, in our/its absolute discretion, be entitled to vary and amend such material; (iii) we and/or such member of the WebXeL Group (as the case may be) shall, in our/its absolute discretion, be entitled to suspend or terminate the publication of such material or refuse to carry it on the Service; (iv) we and/or such member of the WebXeL Group (as the case may be) shall, in our/its absolute discretion be entitled to publicise your name, address and other personal information on the Service in connection with such material; and (v) neither we nor any member of the WebXeL Group have any obligation to review or verify such material and its contents are and shall, at all times, remain wholly your responsibility.
In providing material to us for publication on the Service, your ownership of and freedom to use it shall remain unaffected and you represent and warrant to us and, separately, to each member of the WebXeL Group that the material: (i) does not infringe the rights of any third party; (ii) is owned by you or you are otherwise entitled to make use of it and have the same carried on the Service; (iii) does not infringe the copyright or other intellectual property rights of a third party; (iv) is not unlawful, illegal, misleading, untrue, defamatory, threatening, offensive, bullying, discriminatory, oppressive, abusive or inappropriate; (v) does not infringe the privacy or other rights of a third party; (vi) does not contain any computer viruses or other features that will or may interfere with the Service; and (vii) does not contain any form of spam or other feature intended to operate in a similar way to spam.
You represent and warrant to us and, separately, to each member of the WebXeL Group that you are not located in a country that is subject to a UK and/or US Government embargo or that has been designated by the UK and/or US Government as a "terrorist supporting" country and you are not listed on any UK and/or US Government list of prohibited or restricted parties.
Without prejudice to any other provision of the Terms and to the maximum extent permitted by law, the liability of us, each member of the WebXeL Group, our/its employees, agents, officers and associated companies (collectively, “the Relevant Parties” and “Relevant Party” means any of them) to you in connection with the Service (whether directly or indirectly) re one or more of the following is expressly excluded: (i) consequential, indirect, special or exemplary damages; (ii) indirect losses; (iii) lost opportunity; (iv) injury to reputation or goodwill; (v) lost data; (vi) lost revenue or profits; and (vii) third party losses.
The aggregate liability of the Relevant Parties to you for any and all claims (howsoever and whensoever arising) shall not exceed £100.
Nothing contained in these Terms seeks to exclude or restrict the liability of a Relevant Party for fraudulent misrepresentation or death or personal injury arising from its negligence.
We and, where the Administrator is someone other than WebXeL, WebXeL (acting unanimously and in writing) may, in our absolute discretion and without the necessity of notice, vary the Terms at any time. By continuing to use the Service thereafter, you are deemed to have accepted the Terms as varied.
The Service uses software and content which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the software or the content available on the Service, whether in whole or in part.
If you have any reason to believe that any part of the Service infringes the rights of others, please notify us by email. It is our policy to investigate any allegations of infringement brought to our attention. We reserve the right, in our absolute discretion, to immediately suspend and/or terminate access to all or part of the Service of any user who is alleged to have posted infringing materials or link to infringing materials and to immediately remove or disable the allegedly infringing content.
You or we can cancel your auto-renew software subscription at any time (via your account or via Stripe) and that cancellation will take effect on the Effective Date. You shall not, in any circumstances, be entitled to a refund (either in whole or in part) of any amounts paid to us in respect of any period ending on or before the Effective Date.
Save to the extent that we give our express written consent (by email) to the contrary, each (if any) payment due by you to us in respect of a software subscription is payable only via the payment system operated by Stripe (see https://stripe.com) or such other service provider as we may, in our absolute discretion, determine in writing from time to time.
Subscription fees are payable yearly in advance.
If a software subscription renewal payment is not made on the due date, our system will (automatically, with immediate effect and without notice to you) suspend it.
By your acceptance of these Terms, you undertake to indemnify each Relevant Party, on demand, in respect of all (if any) costs, claims, liabilities and expenses incurred by it in connection with (whether directly or indirectly) a breach of them by you.
Any reference to a group of companies is to a company, any subsidiary or subsidiary undertaking of that company, any holding company or parent undertaking of that company and any other subsidiary or subsidiary undertaking of that holding company or parent undertaking (including, for the avoidance of doubt, a holding company, parent undertaking, subsidiary and/or subsidiary undertaking constituted in a jurisdiction outwith the United Kingdom, however described in that jurisdiction).
“We” means the Administrator and “us” and “our” shall be construed accordingly.
“WebXeL Group” means WebXeL Limited (“WebXeL”) and each member of the group of companies of which it forms part from time to time and “member of the WebXeL Group” shall be construed accordingly.
The singular includes the plural and vice versa.
The Terms and any claim under them (whether contractual or otherwise) is governed by the law of Scotland and subject to the exclusive jurisdiction of the Scottish courts.
All amounts are shown and invoiced in Sterling.
We accept payment by Visa Credit, Visa Debit, MasterCard Credit, MasterCard Debit, Visa Electron, Maestro and JCB.