the legal bit
TERMS AND CONDITIONS
In these terms:
“Business User” means any business, charity or other organisation which is a User who has subscribed to a Plan.
“Company” means Relocateguru Ltd, a company incorporated under the Companies Acts in Scotland, having company number SC534233 and having its registered office at Amicable House, 252 Union Street, Aberdeen, AB10 1TN;
“Plan” means the subscription plans available for selection and/or purchase on the Site from time to time;
“Registration Form” means an application form as provided on the Site;
“Services” means services provided to any User by the Company through the Site;
“Supported Platforms” means all social networking sites supported by the Services as described on a Site;
“Third-Party Services” means products, services, applications or websites made available by third parties (including companies or individuals not affiliated with the Company) by the Company to a User as part of the Services;
“User” means all individuals who use the Site;
“User Account” means any account created by the User as a consequence of his or her completion of the Registration Form;
“User Content” means all information and data (including text, images, photos, videos, audio and documents) or any other content in any media format provided or made available to us by a User in relation to the use of the Services;
“Voucher” means a voucher listed for sale on the Site by a Business User.
1.4 Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa.
2.1 Users may register to use the Services by completing and submitting the Registration Form through a Site.
2.2 Users warrant that any information provided to the Company in the Registration Form is correct, complete and not misleading. Users will inform the Company promptly of any changes to the information that has been provided by the Users to the Company in the Registration Form, by logging into their User Accounts and updating their details.
4.1 Business Users may publish Vouchers on a Site. Vouchers listed may be for services or products and the value of a Voucher is set by the Business User listing it.
4.2 Vouchers can be purchased by Users and can be redeemed for services or products from the Business User listing the Voucher.
4.4 When a Voucher is purchased by you, your contract of sale is with the Business User listing the Voucher, not with the Company.
4.5 We assume no liability for the redemption of any Vouchers.
4.6 The Business User indemnifies the Company against any claim in respect of the performance of its obligations under the Voucher.
5. Accuracy of Information
5.1 We attempt to ensure that information on a Site is complete, accurate and current. Despite our efforts, the information on a Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on a Site. We shall have the right to adjust our prices for any increase in the price of the costs of operating a Site.
6.1 You acknowledge that from time to time we may apply updates to a Site and Services and that such updates may result in changes in the appearance and/or functionality of such Site and Services (including the addition, modification, or removal of functionality, features, or content). Excluding the addition of wholly new products, we shall provide, implement, configure, install, support, and maintain at our own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to the Site and Services (collectively, the “Updates”).
7. Acceptable Use
7.1.2 are solely responsible for the accuracy, quality, integrity, and legality of User Content posted by you and of the means by which you acquired or generated User Content;
7.1.3 must use commercially reasonable efforts to prevent unauthorised access to or use of the Services, including keeping your password and user name confidential and not permitting any third party to access or use your username, password, or User Account;
7.1.4 are solely responsible and liable for all activity conducted through your User Account in connection with the Services;
7.1.5 must notify us promptly if you become aware of or reasonably suspects any security breach, including any loss, theft, or unauthorised disclosure or use of your username, password, or User Account;
7.1.6 May use the Services only in accordance with applicable laws and government regulations; and
7.1.7 must comply in all respects with any applicable terms of Third-Party Services that you access or subscribe to in connection with the Services.
8. Responsibility for User Content
9. Fair Use Policy
9.1 We may suspend your access to the Services for abusive practices that degrade the performance of the Services for you and/or other Users of a Site.
10. Reporting Abuse
10.1 Should you see User Content which contravenes our Fair Use Policy, you may report such abusive content to firstname.lastname@example.org.
11. Third-Party Services
13. Products and Fees
13.1 A Business User must pay for the Plan it selects at the subscription price shown on the Company Website at the time of purchase.
13.2 The Company may vary the subscription price attributable to a Plan from time to time on giving not less than 30 days’ notice from the Company to the Business User by publication thereof on the Company Website.
13.3 To pay for our Services, Business Users must provide us with a valid credit card or other payment method to pay for Services. By becoming a Business User, you give us permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms we retain in the future) your submitted payment information in order to process your payments. We do support the following methods of payment: MasterCard, Visa and American Express. If the payment method you provide reaches its expiration date and you do not update your payment method information or cancel or downgrade your account to a charge-free account, our Agreement with you will automatically terminate.
13.4 If you sign up for a free trial period for Services that are otherwise subject to charges (the “Free Trial”), we may require you to provide us with a valid credit card or other valid payment method. We may start charging you automatically on the first day after the Free Trial is over, unless you cancel or downgrade to a charge-free Service before the end of the Free Trial period. The Free Trial is only available to first time users of Services.
13.5 If you are purchasing Services on a subscription basis, the subscription will automatically renew at the end of its applicable term. Subscriptions are billed in advance on a monthly basis (in terms of the option chosen when you purchase such Services) and are non-refundable for the subscription period f or which they are purchased. You agree that we may process your credit card or other valid payment method monthly (based on the applicable billing cycle), on the calendar day corresponding to the first day you subscribed to the Services. You may elect to cancel or downgrade your Services at any time. Should you downgrade or cancel your plan, the downgrade or cancellation will only be effective at the end of the then-current monthly billing period, and no credits or refunds will be issued to you for any prepaid fees.
14. Term and Termination
14.1 For Services, the term of this Agreement our contract with you shall commence on the day you register and/or purchase Services for the first time and shall continue until your subscription ends, or your account is closed or cancelled and you cease using our Services, whichever is the sooner.
14.2 If you use (or anyone other than you, with your permission uses) the Services or Site in contravention of this Agreement, we may suspend your use of the Services and/or Site (in whole or in part).
14.3 If we suspend the Services, we may refuse to restore the Services until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of this Agreement.
14.4 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone in breach of this Agreement.
14.5 Without limitation to anything else in this clause 14, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Services and/or Site; ii) suspend your use of the Services and/or Site; iii) suspend the use of the Services and/or Site for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
14.5.1 you commit any breach of this Agreement;
14.5.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or
14.5.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
14.6 Notwithstanding anything else in this section 14, we may terminate this Agreement at any time.
14.7 Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
15. Limitation of Liability
15.1 Nothing in the Agreement will limit or exclude the Company's liability for:
15.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
15.1.2 fraud or fraudulent misrepresentation; or
15.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
15.2 Subject to Clause 15.1, the Company will not be liable to the User, whether in contract or delict (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:
15.2.1 loss of profits;
15.2.2 loss of sales or business;
15.2.3 loss of agreements or contracts;
15.2.4 loss of anticipated savings;
15.2.5 loss of use or corruption of software, data or information;
15.2.6 loss of or damage to goodwill; and
15.2.7any indirect or consequential loss.
15.3 This Clause 15 will survive termination of this Agreement.
We are committed to protecting and respecting your privacy. We aim to be clear when we collect your data and not do anything you wouldn’t reasonably expect.
Developing a better understanding of our users through their personal data allows us to make better decisions, operate more efficiently and, ultimately, helps us to achieve our mission to the highest standard.
We use this information to keep you informed of our operations and activities. We keep your information securely in accordance with the requirements of the Data Protection Act 1998 (‘The Act’) and the General Data Protection Regulation (GDPR) (EU) 2016/679, and do not share your information with anyone else unless legally required to do so. You can ask us to stop contacting you at any time at email@example.com
We will follow procedures that aim to ensure that any staff members or service providers who have access to any personal data held by or on behalf of RelocateGuru are fully aware of and abide by their duties and responsibilities under current legislation.
All personal information will be handled in accordance with current legislation as detailed above, and RelocateGuru has procedures and safeguards in place to ensure this. We will only keep your information for as long as we need to for legal and legitimate business purposes, or for as long as you require our services.
We collect personal information from you so that we can provide you with a positive experience when utilizing our Website or content. We will only collect the minimum amount of information necessary for us to fulfill our obligation to you. We may collect:
A name and an email address so we can deliver our newsletter to you – you would be affirmatively consenting to this by providing this to us in our contact forms.
Billing information including name, address and credit card information so that we can process payment to deliver our products or services to you under our contractual obligation.
A name and an email address if you complete our contact form with a question. We may send you marketing emails with either your consent or if we believe we have a legitimate interest to contact you based on your contact or question.
Please note that the information above (“Personal Data”) that you are giving to us is voluntarily, and by you providing this information to us you are giving consent for us to use, collect and process this Personal Data. You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting us at firstname.lastname@example.org.
If you choose not to provide us with certain Personal Data, you may not be able to participate in certain aspects of our Website, App or content.
To use certain features of the Website or its content, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your Personal Data at your own risk.
You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.
We will use our best efforts to keep your username and password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
Submission, Storage, Sharing and Transferring of Personal Data
Personal Data that you provide to us is stored internally or through a data management system. Your Personal Data will only be accessed by those who help to obtain, manage or store that information, or who have a legitimate need to know such Personal Data (i.e., our hosting provider, newsletter provider, payment processors or team members).
We retain your Personal Data for the minimum amount of time necessary to provide you with the information and /or services that you requested from us. We may include certain Personal Data for longer periods of time if necessary for legal, contractual and accounting obligations.
Data Controller and Processors
We are the data controllers as we are collecting and using your Personal Data. We use trusted third parties as our data processors for technical and organizational purposes, including for payments and email marketing. We use reasonable efforts to make sure our data processors are GDPR- compliant.
17.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
17.4 You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
17.1 You may not assign or otherwise transfer any of your rights or obligations hereunder, whether by merger, sale of assets, change of control, operation of law or otherwise, without the prior written consent of the Company (not to be unreasonably withheld), and any attempted assignation or transfer without such consent will be void. We may assign or delegate all or any of our rights or obligations under this Agreement.
19.1 If any provision of this Agreement is held to be unenforceable or illegal, in whole or in part, that provision or part shall, to that extent, be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall remain unaffected.
20. Governing Law
20.1 The validity, performance and extent of this Agreement (together with any dispute or claim (contractual or otherwise) arising out of or in connection with it) shall be governed by and construed in accordance with the law of Scotland.