TERMS & CONDITIONS
- Feefo.com (the "Site") is owned and operated by Feefo Holdings Limited, a company registered in England and Wales under registration number 07191962 with VAT number 991228696 (from now on "we", "our" or "us"). Our registered office is Feefo Barn, Heath Farm, Heath Road East, Petersfield, Hampshire GU31 4HT.
- Please read these terms and conditions of use (the "Terms") carefully. The Terms set out our rights and obligations and the rights and obligations of our customers, browsers and any person ("you") who accesses the Site, places a review or uses any services available through the Site.
- You are required to accept the Terms completely. If you do not accept these Terms completely, then you must not use or continue to use the Site. By accessing or continuing to access any part of the Site, you agree to be bound by these Terms as they are updated from time to time at the time of your use.
- You should check for any changes to these Terms each time you access or use the Site as changes will be legally binding upon you when we post them (any prior rights and obligations that may apply with respect to your use of the Site will be superseded by the changes), whether or not we provide you with any other notice of such changes. We will indicate the effective date of the currently applicable Terms at the beginning of the Terms.
Posting reviews and uploading content to the site
- You acknowledge and agree that all information, data, text, software, music, sound, photographs, images, graphics, video, messages and all other material uploaded, posted, communicated or transmitted by you through the Site or by using any of our services or otherwise, to, or in connection with us (the "Content"), whether publicly posted or privately transmitted, is your sole responsibility. This means that you are entirely responsible for all Content that you upload, post, or otherwise transmit via the Site. We do not control the Content and, as such, do not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via our Site.
- You must only use, upload or transmit Content for lawful purposes and such Content must not in any way infringe our or any other person's rights. You must ensure you have the right to deal with the Content in the manner provided by our Site and must not upload any Content or otherwise deal with Content through us if you do not have the necessary rights to do so.
- Content Rules. In addition, you must ensure that your Content does not:
- contravene any applicable laws, regulations or codes of practice;
- contain material which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, objectionable, indecent or offensive or pornographic;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Feefo director, shareholder or officer, or partner, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- infringe any other person's proprietary information or intellectual property rights (for example, by including copyright material and/or trade marks without permission from the owner or rights holder);
- contain anything that you do not have the right to disclose, share, upload or transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and/or confidential information);
- contain any malware, spyware, viruses, worms, defects, Trojan horses, malicious or harmful code or use any items of a destructive nature, or compile or spam or promote or facilitate disruptive commercial messages or advertisements or any other form of solicitation;
- interfere with or disrupt the service or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- contain material which is, or promotes, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or that may encourage hatred or violence against any person or group;
- contain material which identifies or may identify another person, such as their name, address, phone number, email address, date of birth or any image or video of another person, without the written approval of that person;
- extract, collect, process, combine or store personal data about another person;
- advocate, promote or assist any unlawful act; or
- breach these Terms,(together, the "Content Rules").
- Whilst we prohibit the uploading of Content that infringes our Content Rules, you agree that we shall be under no obligation to monitor, screen or censor any of your Content that is transmitted to us in any way whatsoever. It is therefore possible that Content may be uploaded to our Site which contravenes our Content Rules. To the fullest extent permitted by law, we accept no responsibility for any such Content. If you become aware of any Content which contravenes or potentially contravenes our Content Rules, please let us know here email@example.com
- You further agree that we may, in our absolute discretion at any time and without notice to you remove, cause to be removed, move, or decline to display or deal with any of your Content or prevent the use of our Site in relation to any Content that appears to breach our Content Rules, our Review Guidelines or these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person. In addition, we reserve the right to suspend provision of all or part of the Site, or the availability of any Content at any time if we suspect your use of the Site or the Content to be in breach of these Terms or the Content Rules.
- You also agree that we have the right to access, preserve, and disclose to any third party:
- personal details about you;
- details of your use of Site; and (
- copies of your Content for the purposes of properly administering your account in accordance with the standard operating procedures of the Site or if required to do so by regulators, law enforcements agencies or governmental or other competent authorities or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce these Terms;
- respond to claims that any Content violates the rights of third-parties or breaches our Content Rules;
- respond to your requests for customer service; or
- protect the rights, property, or personal safety us, our Site, its users and the public.
- You acknowledge that any breach by you of our Content Rules or these Terms may be a criminal offence under the Computer Misuse Act 1990 and that we may report such actual or suspected breaches to the relevant law enforcement authorities and co-operate with those authorities, including by disclosing your identity or IP address to them. In the event of any actual or suspected breach, you must cease using the Site or we may terminate your access.
Intellectual Property Rights
By uploading, posting, communicating or transmitting to us any of your Content (including, for the avoidance of doubt, written reviews, images, video clips and movies) through the Site or otherwise, you expressly grant to us and warrant that you are able and entitled to grant to us, a worldwide, royalty-free, fully sub-licensable, transferable, non-exclusive, perpetual, irrevocable, licence to use, reproduce, adapt, modify, publish, publicly perform, publicly display, translate, create derivative works from, communicate and distribute worldwide any of your Content (in whole or in part) for the purposes of enabling us to:
- provide you with access to the Site in accordance with these Terms;
- perform all obligations and exercise all rights under these Terms;
- further develop and market the Site; and
- for any other purpose we deem necessary or desirable. For the avoidance of doubt, the licence under this paragraph 4.1.1 will survive any termination of these Terms and will continue in effect after we have fulfilled all of our obligations under these Terms. Note that we may modify your Content in order to conform it to our requirements (such as by cropping images or reducing the number of, or rearranging, the video clip frames). You acknowledge and agree to waive all moral rights in or in respect of any part of the Content and confirm that where you are not the author of the Content that you have obtained a moral rights waiver in respect of the Content.
You acknowledge that as between us and you:
- we retain all rights, title and interest in and to all intellectual property rights embodied in or associated with the Site and any content created or derived therefrom; and
- save for any rights granted to us under these Terms (including, for the avoidance of doubt, the rights granted to us under paragraph 4.1.1 of these Terms), you retain all rights, title and interest in and to all intellectual property rights embodied in or associated with your Content in accordance with these Terms.
- You further acknowledge that if you acquire any copyright or other intellectual property rights in the Site (whether by operation of law or otherwise), then you agree to assign those rights to us on a worldwide basis absolutely to the fullest extent permitted by law. You also unconditionally and irrevocably waive any and all moral rights you may acquire in the Site and you agree to execute all documents and do all acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you may have acquired.
- You acknowledge that no permission is granted by us for you to copy, distribute, modify, create derivative works from, or post any text, graphics, images, video, audio, software code, or user interface design or logos from our Site. You agree not to reproduce, adapt, modify, transmit, display, perform, reproduce, publish, license, translate, transfer, or sell any of our information or content obtained from your use of the Site. Other than as expressly provided in these Terms, nothing will be construed as inferring by implication or otherwise any licence or right under any copyright, trade mark, database right, sui generis right or other intellectual property or proprietary interest of us, our licensors or any third party. Any rights not expressly granted to you by these Terms are reserved by us, our suppliers or our licensors, as appropriate.
- You agree that you will not take any action inconsistent with our ownership of the Site.
- Attribution, Publicity, Promotional and Marketing Use
- You understand and agree that we have the sole discretion to determine any attribution(s) and use of our trade marks.
- You agree not to make any statement which suggests you are in partnership with, sponsored by or endorsed by us without our prior written approval.
- In the course of promoting, marketing, or demonstrating the Site, you agree that we may produce and distribute depictions, including screenshots, video, images or other parts of your Content and if you provide feedback or suggestions about us, then we may use such information without obligation to you. You grant us all necessary rights for these purposes.
Links to third party websites
Our liability to you
- Amount: Our total liability to you, if any, is limited to the amount of fees (if any) that you paid to us for the use of our services or our Site.
- Errors and omissions etc: We do not warrant that the information published on our Site (including any Content) will be error free and in using our Site you acknowledge all information and code may include inaccuracies, mistranslations or typographical errors. We may offer products and serves provided by a thirty party. Any such products or services are not with us and we are not a party to any such contracts and have no liability to you in respect of the terms of such contracts whether directly or indirectly. In agreeing to any of these third party products or services, you should ensure that you have reviewed the contract terms and conditions and that they are acceptable to you.
- Availability of the Site: Whilst we use reasonable endeavours to make the Site available to you, we cannot guarantee and do not warrant that your access to the Site (and Content) will be continuous and uninterrupted. We further reserve the right to suspend access to the Site (and Content) at any time and without notice for the purpose of scheduled or emergency maintenance, repairs or upgrades or to improve the performance or functionality of Movieboards. We accept no liability to you in respect of any such interruptions to the availability of Site (and the Content).
- The Site is provided "as is": Subject to any statutory conditions, this Site is provided or made available to you on an "as is" basis. As such, we cannot and do not guarantee that the Site will meet your requirements, including, without limitation, as to the availability or speed of delivery of any services accessed through our Site. Whilst we use reasonable care and skill to provide you with access to the Site, to the maximum extent permitted by law, all representations, warranties and conditions, whether express or implied, statutory or otherwise are hereby excluded, including without limitation, representations, warranties or undertakings about any of our Site, including without limitation, their accordance, their completeness or their merchantability, quality or fitness for a particular purpose.
- Indirect and consequential loss: Neither us nor any of our directors, officers, employees, shareholders, subsidiaries, affiliates, agents, other partners or representatives will be liable for any loss or damages arising out of or in connection with your use of any information (including any Content), products, services, materials, and/or property offered through this Site or your use of the Site, including but not limited to any loss of data, income profit or opportunity, loss of or damage to property and claims of third parties, loss of goodwill or reputation, or for any business interruption or any indirect or consequential loss or damages howsoever caused or arising, even if we have been advised of the possibility of such loss or damage or such loss or damages were reasonably foreseeable.
- You agree to indemnify and hold us, our directors, officers, employees, subsidiaries, affiliates, agents and other partners or representatives harmless from any loss, liability, claim, demand or expenses (including reasonable legal fees), that may arise out of or in connection with any:
- use of the Site by you or a person acting on your behalf;
- Content associated with you; or
- breach of these Terms (including breach of the Content Rules) by you or by a person acting on your behalf.
- You agree and acknowledge that your use of the Site is at your own risk and you assume complete responsibility for all risk, loses or damage, including any resulting from your downloading, uploading and/or use of or referring to or relying on information, products, properties, services or materials provided on this Site or any other information obtained from your use of the Site
- These Terms and your use of the Site are governed by the laws of England.
- You consent to the exclusive jurisdiction of the courts of England in all disputes arising out of or relating to the use of the Site each time you access the Site. Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Site.
- Our performance of these Terms is subject to existing laws and legal process and nothing contained in these Terms is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by us with respect to such use.
- If any part of these Terms is determined to be invalid or unenforceable, including but not limited to the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
- These Terms constitute the entire agreement between you and us with respect to your use of the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us.
- A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Any terms in these Terms that by their nature are intended to continue indefinitely will continue to apply after termination of any agreement between us and you.
- You acknowledge and agree that each of our affiliates shall be a third party beneficiary to these Terms and that such other parties shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms and except as expressly stated a person who is not a party to these Terms may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
- Our failure to enforce at any time or for any period any one or more of the terms or conditions in these Terms will not be a waiver of them or the rights attaching to any of them. No provision of these Terms is waived by us unless we waive it in writing.
- You may not assign or transfer your rights or obligations under these Terms. We may assign these Terms and any contract between us and you to a third party and may assign or subcontract any or all of our rights and obligations under these Terms.
- Any notices to us must be sent in writing to our registered company registered address as set out in these Terms via first class or air mail or overnight courier, and is deemed given upon receipt.