Privacy & Terms

 

What is this Privacy Policy for?

 

This privacy policy is for these websites

http://www.etuitive.co.uk

http://www.cabguardpro.co.uk and

http://www.cabguardpro.com and

served by ETUITIVE LIMITED and governs the privacy of its users who choose to use it.

The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.

 

ETUITIVE LIMITEDPRIVACY STATEMENT

Effective Date: January 23, 2016

This Privacy Statement (“Privacy Statement”) explains how ETUITIVE LIMITED, 27 Old Gloucester Street, London, WC1N 3AX, England. (“Etuitive Limited”, “us”, “our”, and “we”), collects, controls, processes and uses information about you. We are the operator of this website, and a provider of a range of services thereto. We provide a platform (including this Website, mobile applications, etc.) where we, our local affiliates and other sellers or advertisers(collectively: “ Sellers”and “Advertisers”) can list offers and deals. This Privacy Statement applies to information we collect through our websites, mobile applications, electronic communications or services, social networking sites, or any individual, business partner-specific, merchant-specific, city-specific, or other area-specific websites we offer that link to or reference this Privacy Statement (collectively, the “ Site”). Throughout this document, we will refer to us and our affiliates as Etuitive Limited, Cabguard Pro“or “CGP”.

We will routinely update this Privacy Statement to clarify our practices and to reflect new or different privacy practices, such as when we add new services, functionality or features to the Site. If we make any material changes we will notify you, either by email (sent to the email address specified in your account), by means of notice on the Site or otherwise. You can determine when this version of the Privacy Statement was adopted by referring to the “Effective Date” above.

1. Situations in which We Collect Information

We will collect the following information about you when you interact with us through the Site:

  • your email address, physical address and password for our website if you register;

  • your payment details if you purchase anything on the Site;

  • your phone number and date of birth (optional);

  • your location, website browsing preferences (e.g., through cookies) and purchase history to provide you with customized information on the Site and (optional) newsletters;

  • other information you actively send to us (e.g., via email).

You may interact with us, for example, when you:

  • register, subscribe, authorize the transfer of, or create an account with us;

  • open or respond to emails;

  • provide information to enroll or participate in programs provided on behalf of, or together with, Sellers, merchants, co-marketers, distributors, resellers and other business partners, with your consent or as necessary to provide services you have requested;

  • visit any page online that displays our ads or content;

  • purchase products or services on or through the Site from the Sellers;

  • connect or link to any Site via social networking tools; and

  • post comments to the online communities sections of the Site.

 

 

The Website      

This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK and USA national laws and requirements for user privacy.

 

 

 

 

 

Use of Cookies

This website uses cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user's computer / device.

Cookies are small files saved to the user's computers hard drive that track, save and store information about the user's interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.

Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.

This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. You can read Google's privacy policy here for further information[ http://www.google.com/privacy.html ].

Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.

 

Security and Personal Data

We implement security programs that contains administrative, technical and physical controls that we regularly update that is designed to safeguard your personal data, including using industry-standard encryption technologies where applicable.

 

Contact & Communication

Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk.

This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.

 

Email Newsletter

This website operates an email newsletter program, used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.

Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website. Under the Data Protection Act 1998 you may request a copy of personal information held about you by this website's email newsletter program. A small fee will be payable. If you would like a copy of the information held on you please write to the business address at the bottom of this policy.

Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list].

This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.

In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead or you can contact us direct via email at support@cabguardpro.com or support@etuitive.co.uk

to let us know, where your enquiry will be answered.

 

 

 

External Links

Although this website only looks to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text / banner / image links to other websites, similar to; www.facebook.com or www.google.com)

The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.

 

Adverts and Sponsored Links

This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.

Clicking on any such adverts will send you to the advertisers website through a referral program which may use cookies and will track the number of referrals sent from this website. This may include the use of cookies which may in turn be saved on your computers hard drive. Users should therefore note they click on sponsored external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.

 

Social Media Platforms

Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.

Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.

This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

 

 

 

 

Shortened Links in Social Media

This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy urls [web addresses] (this is an example: http://bit.ly/zyVUBo).

Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.

 

Resources & Further Information

  • Data Protection Act 1998

  • Privacy and Electronic Communications Regulations 2003

  • Privacy and Electronic Communications Regulations 2003 - The Guide

  • Twitter Privacy Policy

  • Facebook Privacy Policy

  • Google Privacy Policy

  • Linkedin Privacy Policy

  • Mailchimp Privacy Policy

 

 

 

Etuitive Ltd & Cabguard Pro Terms of Use

 

This page sets out the terms for the use of the Site offered either by Cabguard Pro brought to you by Etuitive Limited or Etuitive Limited and the Services we offer.

 

Terms of this agreement (“Terms of Service”) govern the relationship between you and Etuitive limited and its affiliates (herein after “Etuitive limited” or “Us” or ”We”) regarding your use of Etuitive limited software, website or related services (the “Service”). Use of this service is also governed by Etuitive limited Privacy policy.

 

Before accessing or using the Service, including browsing any Etuitive limited owned website or services you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you understand and agree to these Terms of Service. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

 

 

1. SOME BASICS YOU SHOULD KNOW ABOUT THESE TERMS OF USE

1.1. What this document is and who we are: You are reading a legal document which is the agreement between you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and us. You are agreeing to the terms of use that appear below, all of which are called the “Agreement”. We are Etuitive Limited and we are the operator of this Site, and provider of a range of services related to the Site. Etuitive Limited is a company registered in England with our registered office at 27 Old Gloucester Street, London, WC1N 3AX, England. Our company number is 09882697. We refer to ourselves as "Etuitive Limited", "we", "us" or "our" in this document, and we refer to us and any other companies of Etuitive Limited, including our affiliates, parents and subsidiaries, as “Etuitive Limited” or “Etuitive” or “Cabguard” or “Cabguard Pro” or “CGP”. Etuitive Limited may assume all contracts, rights, obligations and liabilities under these Terms of Use from Etuitive Limited by way of novation by way of written notice (posted on this Site or communicated by other means) with the result that only Etuitive Limited remains entitled and obligated under these Terms and you hereby irrevocably consent to the assignment and transfer of all such contracts rights, obligations and liabilities.

1.2. What we do: We provide a platform (including this Site, mobile applications, etc.) where we, our local affiliates and other Clients (collectively, “Advertisers”) can list offers, deals, goods, and other products (collectively, “Items”). As a platform provider. we are never a buyer and usually not the Seller; we provide a venue for Sellers or Clients and you to negotiate and complete transactions. This means that in addition to this Agreement, you will have other contractual relationships with different legal entities when you interact with the Site.

1.3. What are all of the legal relationships: Whatever Item you purchase via the Site will be subject to the terms and conditions of that Seller. Since Etuitive Limited is not usually a Seller, this means that your contract of sale will most likely be with a different legal entity. But please note that any contracts formed at the completion of a sale for Items are solely between you and the Seller (and not Etuitive Limited, unless Etuitive Limited is the seller). The Seller is responsible for the sale and for dealing with any claims or any other issue arising out of or in connection with the contract between you and the Seller. Please also note that in respect of purchases of a Offer, in addition to the contract of sale you will have with the Seller of the Offer, there will also be a contract between you and the business that actually provides the Products when you redeem your offer with that business (the “Merchant”). In respect of any offers, neither we nor any Seller assumes responsibility for any contracts regarding the redemption of your Offer with a Merchant. Finally, please understand that we are never the Seller's or Merchant’s agent.

1.4. What we also do: We may provide a forum to submit or post User Content, as well as send newsletters and other communications to you. In order to send emails to you, we need to know a little bit about you. Take a look at our data collection and processing practices in our Privacy Statement for details.

1.5. Scope of Use: The Site and our Services are for your non-commercial, personal use only and not for business purposes, except as separately permitted in writing. You may access the Site only through our app, standard web and mobile browsers and similar consumer applications, but not with any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, or data mine our Site, via scraping, spidering or otherwise. As an exception, revocable at any time by us, operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

1.6. Prevention on use: We reserve the right to prevent you from using the Site and the Services (or any part of them).

1.7. Definitions: In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. These are all defined within or at the end of this Agreement in section 13).

2. REGISTERING WITH US AND YOUR ACCOUNT

2.1. Why Register: Depending on the particular functionality of our Site at any time, you may or may not need to Register to use much of its functionality or to access many of our Services. However, you must Register in order to make a purchase. This is so that we can provide you with easy access to any offers, view all offers available and modify your preferences. We reserve the right to decline a new Registration or to cancel an Account at any time. You Register with us so you don’t have to re-enter your information every time you buy something.

2.2. How to Register: To Register you need to supply us with your name, postcode, email address, and possibly some other personal information.

2.3. Passwords: During Registration, you will also need to supply us with your password. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses (and/or transacts via) our Services and Site. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.

2.4. Valid email addresses: All Accounts must be Registered with a valid personal email address that you access regularly. Any Accounts which have been Registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their Accounts if we believe they have been using an invalid email address.

2.5. Emails: Etuitive Limited may send you administrative and promotional emails. We may also send you information regarding your Account activity and purchases, as well as updates about our Site and Services or other promotional offers. We may also send you information regarding purchases you’ve made. (You can opt-out of our promotional e-mails at any time by clicking the unsubscribe link at the bottom of any of such e-mail correspondence.)

3. USER CONTENT

3.1. User Content: The Site may provide Account holders and visitors to the Site various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, “User Content”). User Content may be submitted or posted through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site or Services from time to time. You may be required to have an Account to submit User Content.

3.2. Creator of the User Content: In contributing any User Content, you represent and warrant that you are the creator of the User Content, or if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the User Content, and that you have all rights necessary to grant the licenses and grants set out in this Agreement in respect of that User Content. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have been assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy.

3.3. Restrictions: You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Etuitive does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. Other restrictions and forbidden activities you should be aware of are listed in section 5, below.

3.4. Use of User Content: Etuitive Limited has the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove and monitor the User Content. Etuitive Limited further has the sole and absolute right, but not the obligation, to disclose the User Content and the circumstances surrounding their transmission to any third-party, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Etuitive Limited, as well as to satisfy any applicable law, regulation or authorised government request. Without limiting the foregoing, Etuitive Limited has the right to remove any material from the Site in its sole and absolute discretion. Etuitive Limited assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. Etuitive Limited has no obligation to use your User Content and may not use it at all.

3.5. Modifying or removing User Content: In some circumstances and from time to time, it may be possible to modify or remove the User Content you submit or post through your Account. Etuitive Limited makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

3.6. Public Nature of User Content: You understand and agree that User Content is public. Any person (whether or not a user of Etuitive Limited’s Services) may read your User Content without your knowledge. Please do not include any additional personal information or any other information in your User Content unless you wish for it to be publicly disclosed. Etuitive Limited is not responsible for the use or disclosure of any personal information or any other information that you disclose in connection with User Content.

3.7. Disclaimer: Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Etuitive Limited. Other users may post User Content that is inaccurate, misleading or deceptive. Etuitive Limited does not endorse and is not responsible for any User Content, and will not be liable to you or any other person for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and does not reflect the opinion of Etuitive Limited. Etuitive Limited does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site or Services, including any objectionable User Content.

3.8. Grant: Some User Content you submit to Etuitive Limited may be displayed or may give you the option to display it in connection with your personal information, or a portion of your personal information, including but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant Etuitive Limited a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, display, distribute, offer for sale and sell the personal information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or later developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, Etuitive Limited shall have no obligation to use your personal information in connection with any User Content.

3.9. License: As between you and Etuitive Limited, you shall retain all of your ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant Etuitive Limited a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. Etuitive Limited license in any User Content or personal information submitted includes use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.

3.10. Copyright Policy and Procedure: Etuitive reserves the right to terminate the right to use the Site by anybody who infringes the copyrights of another. If you believe that any material has been posted via the Site by a user in a way that constitutes copyright infringement, and you would like to bring this material to Etuitive's Limited's attention, you must provide Etuitive Limited's Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. The contact information for Etuitive Limited’s Copyright Agent for notice of claims of copyright infringement is:

 

copyright@Etuitive.co.uk

 

3.11. Unsolicited Ideas: We do not accept or consider, directly or through any Etuitive Limited or Etuitive Limited employee or agent, unsolicited ideas of any kind, including ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:

· Etuitive Limited has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and

· Etuitive Limited will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

4. STANDARDS AND ETUITIVE LIMITED’S LIMITATION OF ITS LIABILITY

4.1. The standards we operate under: Etuitive Limited always tries its best at what it does and promises that:

4.1.1. we will exercise reasonable care and skill in performing our obligations under this Agreement;

4.1.2. and we will not contravene the requirements of professional diligence in what we do.

4.2. Section 4 is important!: This section 4 takes precedence over all other sections in this Agreement and sets forth our entire Liability in respect of the performance, non-performance, purported performance or delay in performance of this Agreement or the Services or Site or any purchase (or any part of them); or otherwise in relation to this Agreement or the entering into or performance of this Agreement.

4.3. What we are responsible for: Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) serious misconduct by us, excluding serious misconduct not conducted by Etuitive Limited itself; or (iv) any Liability which cannot be excluded or limited by applicable law.

4.4. Categories of loss that we are not responsible for: Notwithstanding Clause 4.3, since we only provide the Site and Services for your non-business use, we are never liable for:

4.4.1. loss of income or revenue;

4.4.2. loss of actual or anticipated profits;

4.4.3. loss of business; or

4.4.4. indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).

5. YOUR OBLIGATIONS

5.1. Accurate information: You warrant that all information provided on Registration and contained as part of your Account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your Account.

5.2. Content on the Site: It is your responsibility to ensure that any Items or information (or Products) available through the Site meet your specific requirements.

5.3. Things you cannot do: Without limitation, you undertake not to use or permit anyone else to use the Services or Site:

5.3.1. to upload, send or receive any material, including User Content, which is not civil or tasteful;

5.3.2. to upload, send or receive any material, including User Content, which is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, infringing, pornographic, violent, misleading, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory or of a libellous nature of any person or entity, in contempt of court or in breach of confidence, or which infringes the rights of another person or entity, including copyrights, trademarks, trade secrets, patents, rights of personality, publicity or privacy or any other third party rights;

 

5.3.3. to upload, send or receive any material, including User Content, for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

5.3.4. to upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, harmful data, or anything else which may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitation to the functionality of any software or computer equipment);

 

5.3.5. to cause annoyance, inconvenience or needless anxiety;

5.3.6. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

5.3.7. for a purpose other than which we have designed them or intended them to be used;

5.3.8. for any fraudulent purpose; or

5.3.9. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

5.4. Forbidden uses: The following uses of the Site and Services are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:

5.4.1. resell the Services or Site;

5.4.2. furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;

5.4.3. attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);

5.4.4. access the Services (or Site) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;

5.4.5. execute any form of network monitoring which will intercept data not intended for you;

5.4.6. send unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;

5.4.7. create or forward "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;

5.4.8. send malicious email, including flooding a user or site with very large or numerous emails;

5.4.9. enter into fraudulent interactions or transactions with us, a Seller or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

5.4.10. use the Services or Site (or any relevant functionality of either of them) in breach of this Agreement;

5.4.11. use in an unauthorized manner, or forge, mail header information;

5.4.12. engage in any unlawful or criminal activity in connection with the use of the Services and/or the Site or any Offer; or

5.4.13. copy or use any User Content for any commercial purposes.

5.5. Equipment: The Services and use of the Site does not include the provision of a computer or other necessary equipment to access the Site or the Services. To use the Site or Services, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.

6. RULES ABOUT USE OF THE SERVICES AND THE SITE

6.1. Errors and omissions: We are not liable for errors or omissions (e.g., listing a Offer at £1.99 instead of £19) if we have complied with the standards set out in section 4 of this Agreement. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. We reserve the right to change, modify, substitute, suspend or remove without notice any Offer, Item, Services or information on the Site or forming part of the Services from time to time.

6.2. Viruses and similar stuff: We do not give any warranty that the Services or the Site are free from viruses or anything else which may have a harmful effect on any technology.

6.3. Stopping access: Although we will try to allow uninterrupted access to the Services and the Site, access to the Services and the Site may be suspended, restricted or terminated at any time. Your access to the Site and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We also reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.

6.4. Closing Accounts: We reserve the right to close Accounts if any user is violating our terms of use (i.e., this Agreement), including if he is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Accounts, or if a user pretends to be located in a country different from where he actually resides, or if he disrupts the Site or the Services in any way.

6.5. Multiple Accounts: If you use multiple Accounts, if we do take any action against you, you may have action taken against all of your Accounts.

7. SUSPENSION AND TERMINATION

7.1. 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).

7.2. If we suspend the Services or Site, we may refuse to restore the Services or Site 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.

7.3. Etuitive Limited shall fully co-operate with any law enforcement authorities or court order requesting or directing Etuitive Limited to disclose the identity or locate anyone in breach of this Agreement.

7.4. Without limitation to anything else in this section 7, 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:

7.4.1. you commit any breach of this Agreement;

7.4.2. we suspect, on reasonable grounds, that you have, might or will commit a breach of this Agreement; or

7.4.3. we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

7.5. Notwithstanding anything else in this section 7, we may terminate this Agreement at any time.

7.6. 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.

8. DATA PROTECTION

8.1. Please see our Privacy policy and Cookies Policy which form part of this Agreement which you can find on all of our websites.

9. ADVERTISEMENTS

9.1. Any advertisements may be delivered on our behalf by a third party advertising company, which may, on our behalf, place or recognize a unique "cookie" on your browser. If you would like more information about this practice and to know your choices about not having this information used by any company, see our Cookies Policy and Privacy Statement.

10. LINKS TO AND FROM OTHER SITES

10.1. Where the Site contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over, do not accept, and we assume no responsibility for Other Sites or for the content or products of Other Sites (including relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to the Site, you do so entirely at your own risk.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. Etuitive Limited grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site pursuant to this Agreement and to any additional terms and policies set forth by Etuitive Limited. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) in the Site and Services, (subject to section 11.4 below) materials, information and content on the Site or accessed as part of the Services, any database operated by us, all the Site design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all their selection, coordination, arrangement and enhancement shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved.

11.2. None of the material listed in section 11.1 above, in whole or in part, may be reproduced, distributed, copied, modified, distributed, published, downloaded, displayed, posted, performed or transmitted in any form or by any means, sold, rented, re-sold, licensed or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of Etuitive Limited or the copyright owner, except as otherwise expressly stated under copyright law. You may, however, retrieve and display the content of the Site on a computer screen, store such content in electronic form (but not on any server or other storage device connected to a network). You may not otherwise reproduce, modify, copy, distribute, display, perform or use for commercial purposes any of the materials, information or content on the Site without our permission. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted by law, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. In addition, you may not make any use that exceeds or violates this Agreement.

11.3. "Etuitive" and Etuitive Limited, “Cabguard” or “Cabguard Pro” or “CGP”, the Etuitive and “Cabguard“ or “Cabguard Pro” or “CGP” logos and variations thereof found on the Site are trademarks owned by Etuitive Limited and all use of these marks inures to the benefit Etuitive Limited. Other marks on the site not owned by Etuitive Limited may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Etuitive Limited unless otherwise stated, or may be the property of their respective owners. You may not use the Etuitive Limited's names, logos, trademarks or brands without Etuitive Limited's express permission.

11.4. Title, ownership rights and intellectual property rights in and to the content accessed using the Site and Services is the property of the applicable content owner or Merchant and may be protected by applicable copyright, trademark or other law. This Agreement gives you no rights to such content except for the licenses granted herein.

11.5. Except in respect of User Content, the authors of the literary and artistic works in the pages in the Site have asserted their moral rights to be identified as the author of those works.

11.6. Any material you transmit or post or submit to the Site (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to section 3, our obligations under data protection legislation and subject to any payment details you provide for the purpose of making a payment. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e., via email, the Site or otherwise) you grant us a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, transferrable, non-exclusive right to use, copy, modify, adapt, translate, publish, distribute, display and perform world-wide any such material, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you, for the purpose of operating the Site and providing the Services.

12. GENERAL

12.1. Interpretation: In this Agreement:

12.1.1. words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;

12.1.2. section headings such as ("12. GENERAL" at the start of this section) and section titles (such as "Interpretation:" at the start of this section 12.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and

12.1.3. references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".

12.2. No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

12.3. No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

12.4. Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign all or any of our rights and or delegate or sub-contract our obligations under this Agreement to any person.

12.5. Events beyond our reasonable control: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.

12.6. No waiver: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your Liability under this Agreement.

12.7. Notices: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

12.8. No Third party rights: You hereby agree and acknowledge that Etuitive Limited enters into this Agreement for its own benefit but also as an agent for the benefit and on behalf of Etuitive Limited and our third party content providers and licensors (the Third Party Rights-s Holders”) and that all rights and benefits of Etuitive Limited (but not any burdens or obligations) under or in connection with this Agreement including under indemnity, contract, tort, or howsoever arising shall be rights and benefits of the each of the Third Party Rights Holders (as if each one were a party to this Agreement). Such rights and benefits shall be enforceable under this Agreement by Etuitive Limited for itself and/or as agent for any or all of the Third Party Rights Holders.

12.9. Survival: In any event, the provisions of sections 1, 3, 4, 7, 11, 12 and 13 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Services or Site again, then the provisions of the terms and conditions that then apply will govern your re-use of the Services or Site. In the event you use Offers bought under this Agreement, then those provisions applicable to Offers will survive termination of this Agreement.

12.10. Severability: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.

12.11. Governing law: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of England

13. DEFINITIONS

In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:

“Account” means your Etuitive Account.

“Liability” means liability in or for any cause of action whatsoever (including breach of contract, tort, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with this Agreement (including liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement) - and for the purposes of this definition, all references to "Agreement" shall be deemed to include any collateral contract.

“Merchant” means a Seller of Products for which a Offer can be redeemed. A Merchant is NOT any of the Sellers or Etuitive Limited.

“Site” means websites, mobile applications, electronic communications or services, social networking sites, or any individual, business partner-specific, merchant-specific, city-specific, or other area-specific websites that link to or reference these terms of use.

“Register” means to create an Account on the Site, and "Registration" means the action of creating an Account.

“Services” means all or any of the services provided by Etuitive Limited via the Site (or via other electronic - or other - communication from Etuitive Limited) including mobile applications, our newsletter, emails we send you and the information services, content and transaction capabilities on the Site (including the ability to make a purchase).

“Offer” means a offer which is sold by the Sellers and can be exchanged for Products from a relevant Merchant, subject to terms and conditions listed on the Offer itself and/or on the deal page of the Site from which the Offer was purchased.

“Products” means goods and/or services which are described as part of a Offer (and for which a Offer can be redeemed).

 

 

V.2.0  23rd January 2016.  Etuitive Limited, 27 Old Gloucester Street, London. WC1N 3AX. Company number:09882697.