These terms apply to the entire contents of the Website under the domain name www.quotator.co.uk ("Site") and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Site. You will be deemed to have agreed to be bound by these Terms when you use, access or browse the Site, register your details with us or subscribe for email or online services or send us an email. If you do not accept these terms, do not use the Site.
These Terms apply regardless of whatever user device you are using
For the purposes of these Terms: "Content" includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the Site from time to time which has not been uploaded by you (including, anything made available for download); “Material” means any material, quotes, text, graphics, images or films uploaded by you onto the Site as further described in section 7, “Services” shall mean the PR services provided by us via the Site, and "Trade Marks" means the trade marks, logos and service marks (whether or not registered) displayed on the Site (including but not limited to the “Quotator” Trade Mark).
Any Content posted on the Site is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such Content.
2. Changes to these Terms
We may change these Terms from time to time. Please check these Terms regularly as any changes are effective immediately upon posting to the Site. Your continued use of the Site after posting will be deemed acceptance of the changes.
3. About us and our business
The Site is operated by or on behalf of Quotator Limited ("Quotator", "we" or "our"). We are a company registered in England and Wales with the company registration number 8275304. Our registered office address is Unit 3, 81c Church Street, Blackpool. FY1 1HU and our VAT number is 150287915.
Access to our services and to some areas of the Site is restricted to users who have registered their details with us and created a password (“Users”). Without registering as a User, your access to the Site will be limited. Users must not use a false name or email or provide any false information nor impersonate another person when registering for use of the Site and our services. If you have a password for registration, this is confidential and you shall not share or disclose it to any third party, nor allow any third party to use your password to gain access to the areas and services for Users. We may refuse or remove or suspend your registration or disable your password at any time for breach of these terms.
5. Intellectual Property
We are the owner or the licensee of all intellectual property rights in the Site including the Content and the Trade Marks. Those works are protected by copyright or other intellectual property laws. All such rights are reserved. Our status (and that of any identified contributors) as the authors of the Content on our Site must always be acknowledged.
You must not use any part of this Site for commercial purposes without obtaining a licence from us to do so.
If you print off, copy or download any part of our Site in breach of these terms, your right to use the Site will cease immediately and you must destroy any copies of materials you have made.
Subject to these Terms, we grant Users a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Site and any Content.
6. Access and use of the Site
You may not:
(1) download or print any Content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the Content from the Site; nor
(2) reproduce, republish, modify, archive, distribute, store, archive or commercially exploit the Content without our prior written consent; nor
(3) modify or adapt or create derivative works of the Content; nor
(4) utilise links to this Site received as part of a paid-for media monitoring service; nor
(5) copy or extract data from this Site by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.
(6) misuse the Site (including, without limitation, by hacking). Quotator shall fully co-operate with any law enforcement authorities or court order requesting or directing Quotator to disclose the identity or locate anyone posting any Material or otherwise in breach of any of these clauses.
At any time without notice and in our absolute discretion, we may permanently or temporarily terminate, suspend or deny your access to the Site and disable your registration for breach of these terms. At any time without notice and in our absolute discretion, we may remove or edit any Material on the Site. To the fullest extent permitted by law, in both cases none of Quotator, its directors, employees or other representatives have any liability to you whatsoever for any loss or damage arising from such removal or editing or any restriction or hindrance to your use of the Site, services, registration or password.
7. Submission of Materials
If you submit materials to us or via our services and Site “(Materials”), you agree:
(2) to waive any moral rights in the Material submitted;
(3) that we may disclose your identity to any third party making any claim or assertion of any kind in relation to your Material or to any law enforcement agencies; and
(4) that we may monitor your use of the Site and any communications made via our services or Material posted on the Site.
In submitting Material to us or via our Site, you warrant that any Material you submit:
(5) is your own original work and that you own the copyright and any other relevant rights;
(6) is not obscene, threatening, menacing, offensive, defamatory, abusive, threatening, obscene, indecent, seditious, pornographic, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violates any applicable law or regulation or code, and you shall indemnify us and keep us fully indemnified against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing Material you submit to us or via our services, including consequential losses.
(7) that it does not constitute or encourage 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;
(8) that it is not technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
We may choose to publish or not publish any Material you submit to us and exercise our rights in relation to that Material in our absolute discretion.
We accept no liability for any Material submitted by you or other users and third parties. We do not vet or pre-screen any Material that you or other users and third parties have submitted to the Site, however we reserve the right to remove, at any time and without reason or prior notice or any liability any Material submitted by you or other users and third parties.
8. Data Protection and Privacy
9. Our Fees
We can track when your Material has been viewed and used on the Site. When your Material is picked up by a journalist or publication via our Site, we will let you know and invoice you as per the table of fees on our Fee Structure page.
Our fees can be updated at any time by us at our sole discretion but the fee table in force as at the date you register with us will be applicable to your Services. Any payment required by a User to use our Services is either taken by a third party payment provider (a “Supplier”) or will be required from you upon receipt of our invoice. Payment is subject to the terms and conditions of the Supplier. Should payment not be received within 14 working days, we reserve the right to terminate our agreement with you, which (without limitation) will involve disabling your access to the Site and removing your Material. We also reserve the right to charge interest on any late payments at the prevailing rate.
Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. Quotator has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Quotator therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
(2) You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website not owned by you. We reserve the right to withdraw linking permission without notice.
11. Exclusions and limitations of liability
All information and/or data on the Site is provided on an "as is" basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Site or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
You agree that Quotator, its directors, employees, agents or other representatives will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:
(1) interruption of business; or
(2) access or other delays, terminations, suspensions, denials or access interruptions to the Site; or
(3) data non-delivery, data misdelivery, data corruption, destruction of data or other modification of data; or
(4) third party website links on the Site; or
(5) reliance on the information contained on the Site; or
(6) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site; or
(7) any inaccuracies, omissions or misleading, false or deceptive statement in the Content; or
(8) events beyond our reasonable control.
Notwithstanding any provision of these Terms, Quotator does not exclude or limit its liability for:
(1) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or
(2) fraudulent misrepresentation; or
(3) any liability which it is not lawful to exclude either now or in the future.
You will indemnify and will keep indemnified Quotator on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of:
(1) any breach of these Terms by you; or
(2) your fault, negligence or breach of statutory duty; or
(3) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our Suppliers.
Any contractual or legal relationship between you and Quotator will be concluded in English.
All notices shall be given by e-mail to us at firstname.lastname@example.org.
These Terms (together with any variations to them) form the entire agreement between the parties concerning your registration, access to, browsing and/or use of the Site.
These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise.
Date 1st January 2015