Terms of use
Last
updated July 14, 2020
These
Terms of Use constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”) and SHOPPING
ROULETTE LTD, doing business as SHOPPING ROULETTE ("SHOPPING
ROULETTE",
“we”,
“us”,
or “our”),
concerning your access to and use of the
http://www.shoppingroulette.com
website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected
thereto (collectively, the “Site”). You agree that by accessing
the Site, you have read, understood, and agreed to be bound by all of
these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF
USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Site from
time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the “Last updated”
date of these Terms of Use, and you waive any right to receive
specific notice of each such change. It is your responsibility to
periodically review these Terms of Use to stay informed of updates.
You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Terms of Use by your
continued use of the Site after the date such revised Terms of Use
are posted.
The
information provided on the Site is not intended for distribution to
or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to
access the Site from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
The
Electronic Commerce (EC Directive) Regulations 2002 establishes legal
rules that online retailers and service providers must comply with
when dealing with consumers in the 27 member countries of the
European Union (EU).
The
Site is intended for users who are at least 13 years of age. All
users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Site. If
you are a minor, you must have your parent or guardian read and agree
to these Terms of Use prior to you using the Site.
Unless
otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks,
and logos contained therein (the “Marks”) are owned or controlled
by us or licensed to us, and are protected by copyright and trademark
laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws,
and international conventions. The Content and the Marks are provided
on the Site “AS IS” for your information and personal use only.
Except as expressly provided in these Terms of Use, no part of the
Site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express
prior written permission.
Provided
that you are eligible to use the Site, you are granted a limited
license to access and use the Site and to download or print a copy of
any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights
not expressly granted to you in and to the Site, the Content and the
Marks.
By
using the Site, you represent and warrant that:
(1)
all registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as
necessary; (3)
you have the legal capacity and you agree to comply with these Terms
of Use;
(4)
you are not under the age of 13; (5)
you are not a minor in the jurisdiction in which you reside, or if a
minor, you have received parental permission to use the Site; (6) you
will not access the Site through automated or non-human means,
whether through a bot, script or otherwise; (7) you will not use the
Site for any illegal or unauthorized purpose; and (8) your use of the
Site will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Site (or any
portion thereof).
USER
REGISTRATION
You
may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole discretion,
that such username is inappropriate, obscene, or otherwise
objectionable.
We
make every effort to display as accurately as possible the colors,
features, specifications, and details of the products available on
the Site. However, we do not guarantee that the colors, features,
specifications, and details of the products will be accurate,
complete, reliable, current, or free of other errors, and your
electronic display may not accurately reflect the actual colors and
details of the products. All products are subject to
availability, and we cannot guarantee that items will be in stock. We
reserve the right to discontinue any products at any time for any
reason. Prices for all products are subject to change.
All payments of the website are done through the STRIPE system.
You
agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Site. You further agree to
promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we
can complete your transactions and contact you as needed. Sales tax
will be added to the price of purchases as deemed required by us. We
may change prices at any time. All payments shall be in
GBP.
You
agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to
charge your chosen payment provider for any such amounts upon placing
your order. We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
RETURN/REFUNDS POLICY
Please
review our Return Policy posted on the Site prior to making any
purchases.
THE
ROULETTE’S DRAW:
Entry
to the Roulette draw is open to any person aged 18 or over or, if you
are under 18, SHOPPING ROULETTE assumes that your parents have
consented to your entry into the competition and these rules.
TO
ENTER:
By
entering the competition, you hereby warrant that all information
submitted by you is true, current and complete. You hereby understand
that there is a purchase requirement to participate in a Roulette
game, that purchase requirement is equal to 50% of any selected
product’s full price. There is no limit in the numbers of Roulette
games that you can participate in. SHOPPING ROULETTE reserves the
right to verify the eligibility of all entrants.
TIMING:
The
draw on any given Roulette will commence as soon as a minimum of 5
participants have secured their individual slots within that
Roulette. When the Roulette draw is ready to begin, all participants
of that Roulette will be notified via email. And provided with a
direct link from where to watch the draw in real-time.
THE
WINNER:
Each
participant will have 20% chance of winning. The winner of any
Roulette game will be determined by a random draw, made from all
valid participants and will be notified immediately after the
completion of the Roulette. The draw and its randomness have been
independently tested. The winner will be notified by email. SHOPPING
ROULETTE reserves the right to publish the initial and surname of the
winning participant.
PRIZE:
The
prize is the product you have purchased (refer to the clause
‘PRODUCTS’. No cash alternatives available. The prize will be
sent via the mail service (or email where appropriate) within 28 days
of the winner being notified. We will not be liable for any prizes
which are lost, delayed or damaged in the post for reasons beyond our
reasonable control.
MINORS:
If
any Roulette winner is a child or young person (i.e. under the age of
18) we may request that the Terms and Conditions applicable to the
competition be signed by the Roulette winner's parent or legal
guardian before the prize is awarded. Any such prize may, at our
discretion be awarded to the Roulette winner's parent or legal
guardian.
CANCELLATION:
SHOPPING
ROULETTE reserves the right to cancel or withdraw any Roulette games
that do not meet the minimum number of required participants within
14 days from when a Roulette is created. In such cases the entry fee
(purchase requirement) will be refunded.
OTHER:
No
correspondence will be entered into regarding either this competition
or these Terms and Conditions. In the unlikely event of a dispute
between participants on who is the winner, SHOPPING ROULETTE decision
shall be final. SHOPPING ROULETTE reserves the right to amend,
modify, cancel or withdraw any Roulette games at any time without
notice or in the unlikely event of unforeseen major catastrophe. In
such cases the entry fee (purchase requirement) will be refunded.
We exclude all liability whatsoever for any costs, expenses, losses, damages, liabilities, injury or disappointment including any loss of profit, business, contracts, revenues or anticipated savings suffered by you, howsoever arising in connection with the Roulette and/or prize.
SHOPPING
ROULETTE decision shall be final and non-appealable
PROHIBITED
ACTIVITIES
You
may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As
a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use the Site to advertise or offer to sell goods and services.
4. Use a buying agent or purchasing agent to make purchases on the Site.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. Use any information obtained from the Site in order to harass, abuse, or harm another person.
12. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
14. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
16. Delete the copyright or other proprietary rights notice from any Content.
17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
18. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
19. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
20. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
21. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
22.
Use the Site in a manner inconsistent with any applicable laws or
regulations.
USER
GENERATED CONTRIBUTIONS
The
Site does not offer users to submit or post content. We may provide
you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to
us or on the Site, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other
users of the Site and through third-party websites. As such, any
Contributions you transmit may be treated in accordance with the Site
Privacy Policy. When you create or make available any Contributions,
you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2.
You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use and to
authorize us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and these Terms
of Use.
3. You have the written consent, release, and/or
permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Site and these Terms
of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7.
Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
8. Your Contributions do not
advocate the violent overthrow of any government or incite,
encourage, or threaten physical harm against another.
9.
Your Contributions do not violate any applicable law,
regulation, or rule.
10. Your Contributions do not violate
the privacy or publicity rights of any third party.
11.
Your Contributions do not contain any material that solicits
personal information from anyone under the age of 18 or exploits
people under the age of 18 in a sexual or violent manner.
12.
Your Contributions do not violate any applicable law concerning
child pornography, or otherwise intended to protect the health or
well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14.
Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Terms of Use, or any
applicable law or regulation.
Any
use of the Site or the Marketplace Offerings in violation of the
foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the Site and
the Marketplace Offerings.
CONTRIBUTION
LICENSE
You
and Site agree that we may access, store, process, and use any
information and personal data that you provide following the terms of
the Privacy Policy and your choices (including settings).
By
submitting suggestions or other feedback regarding the Site, you
agree that we can use and share such feedback for any purpose without
compensation to you.
We
do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on
the Site. You are solely responsible for your Contributions to the
Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us
regarding your Contributions.
SUBMISSIONS
You acknowledge and
agree that any questions, comments, suggestions, ideas, feedback, or
other information regarding the Site or the Marketplace Offerings
("Submissions") provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to
the unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any
alleged or actual infringement or misappropriation of any proprietary
right in your Submissions.
THIRD-PARTY
WEBSITES AND CONTENT
The
Site may contain (or you may be sent via the Site or the Marketplace
Offerings) links to other websites ("Third-Party Websites")
as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software, and other
content or items belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third Party Websites accessed through the Site or
any Third-Party Content posted on, available through, or installed
from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or
contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites or any Third-PartyContent does not imply
approval or endorsement thereof by us. If you decide to leave the
Site and access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should be
aware these Terms of Use no longer govern. You should review the
applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Site or
relating to any applications you use or install from the Site. Any
purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge
that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm
caused by your purchase of such products or services. Additionally,
you shall hold us harmless from any losses sustained by you or harm
caused to you relating to or resulting in any way from any
Third-Party Content or any contact with Third-Party Websites.
SITE
MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
PRIVACY
POLICY
We
care about data privacy and security. By using the Site or the
Marketplace Offerings, you agree to be bound by our Privacy Policy
posted on the Site, which is incorporated into these Terms of Use.
Please be advised the Site and the Marketplace Offerings are hosted
in the United Kingdom. If you access the Site or the Marketplace
Offerings from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure
that differ from applicable laws in the United Kingdom, then through
your continued use of the Site, you are transferring your data to the
United Kingdom, and you expressly consent to have your data
transferred to and processed in the United Kingdom. Further, we
do not knowingly accept, request, or solicit information from
children or knowingly market to children. Therefore, in accordance
with the U.S. Children’s Online Privacy Protection Act, if we
receive actual knowledge that anyone under the age of 13 has provided
personal information to us without the requisite and verifiable
parental consent, we will delete that information from the Site as
quickly as is reasonably practical.
TERM
AND TERMINATION
These
Terms of Use shall remain in full force and effect while you use the
Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE
OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE
OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION
THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on
our Site. We also reserve the right to modify or discontinue all or
part of the Marketplace Offerings without notice at any time. We will
not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Site or the Marketplace
Offerings.
We
cannot guarantee the Site and the Marketplace Offerings will be
available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Site,
resulting in interruptions, delays, or errors. We reserve the right
to change, revise, update, suspend, discontinue, or otherwise modify
the Site or the Marketplace Offerings at any time or for any reason
without notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability to
access or use the Site or the Marketplace Offerings during any
downtime or discontinuance of the Site or the Marketplace Offerings.
Nothing in these Terms of Use will be construed to obligate us to
maintain and support the Site or the Marketplace Offerings or to
supply any corrections, updates, or releases in connection therewith.
GOVERNING
LAW
These
conditions are governed by and interpreted following the laws of the
United Kingdom,
and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally
possess the protection provided to you by obligatory provisions of
the law in your country to residence. SHOPPING ROULETTE LTD and
yourself both agree to submit to the non-exclusive jurisdiction of
the courts of London, which means that you may make a claim to defend
your consumer protection rights in regards to these Conditions of Use
in the
United Kingdom, or in the EU country in which you reside.
DISPUTE
RESOLUTION
Informal
Negotiations
To expedite resolution
and control the cost of any dispute, controversy, or claim related to
these Terms of Use (each a "Dispute" and collectively, the
“Disputes”) brought by either you or us (individually, a “Party”
and collectively, the “Parties”), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least sixty (60) days before
initiating arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
Binding
Arbitration
Any dispute arising from
the relationships between the Parties to this contract shall be
determined by one arbitrator who will be chosen in accordance with
the Arbitration and Internal Rules of the European Court of
Arbitration being part of the European Centre of Arbitration having
its seat in Strasbourg, and which are in force at the time the
application for arbitration is filed, and of which adoption of this
clause constitutes acceptance. The seat of arbitration shall be
London, United Kingdom. The language of the proceedings shall be
english. Applicable rules of substantive law shall be the law of the
United Kingdom.
Restrictions
The Parties agree that
any arbitration shall be limited to the Dispute between the Parties
individually. The the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is
no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or
any other persons.
Exceptions
to Informal Negotiations and Arbitration
The Parties agree that
the following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity
of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction
of that court.
CORRECTIONS
There may be information
on the Site that contains typographical errors, inaccuracies, or
omissions that may relate to the Marketplace Offerings, including
descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any
time, without prior notice.
DISCLAIMER
THE
SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF
ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
LIMITATIONS
OF LIABILITY
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO US DURING
THE three (3) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING. CERTAIN
US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of: (1)
use of the Site; (2) breach of these Terms of Use; (3) any breach of
your representations and warranties set forth in these Terms of Use;
(4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Site with whom you connected via the
Site. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter
for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming
aware of it.
USER
DATA
We
will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular routine
backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using
the Site. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right
of action against us arising from any such loss or corruption of such
data.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You
hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
CALIFORNIA
USERS AND RESIDENTS
If
any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs in writing at 1625
North Market Blvd., Suite N 112, Sacramento, California 95834 or by
telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These
Terms of Use and any policies or operating rules posted by us on the
Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce
any right or provision of these Terms of Use shall not operate as a
waiver of such right or provision. These Terms of Use operate to the
fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision
or part of a provision of these Terms of Use is determined to be
unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Terms of Use and does not
affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms of
Use or use of the Site. You agree that these Terms of Use will not be
construed against us by virtue of having drafted them. You hereby
waive any and all defenses you may have based on the electronic form
of these Terms of Use and the lack of signing by the parties hereto
to execute these Terms of Use.
CONTACT
US
In
order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
SHOPPING ROULETTE LTD
4 Mandaville Place
Marylebone
London, UK W1U 2BG
United Kingdom
Phone: __________
admin@shoppingroulette.com
