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1. In General:
GotYourPriceCheck.com ( ‘the Website’) is an SMS price comparison service
(‘the Service’) operated by Got Your Limited (‘We’; ‘Us’;
‘Our’) for adults and children above the age of eleven (11) years of
age subject to our Age Restriction policy below. This Terms of Use Agreement ("Agreement"),
together with the GotYour Privacy Policy, as each may be revised from time to time,
sets forth the legally binding terms for your use of the Service. You agree to comply
with any guidelines or rules posted on the Website regarding any product or service.
All such guidelines are hereby incorporated by reference into this Agreement.
We reserve the right, at our sole discretion, to change, modify or otherwise alter
this Agreement at any time. Unless otherwise indicated, amendments will become effective
immediately. Please review this Agreement periodically. Your continued use of the
Service following the posting of changes and/or modifications will constitute your
acceptance of the revised Agreement and the reasonableness of these standards for
notice of changes unless you offer different terms that are accepted by Us.
BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE
WITH IT, YOU MUST LEAVE THE GOTYOURPRICECHECK WEBSITE AND DISCONTINUE USE OF THE
SERVICE IMMEDIATELY.
If you become aware of misuse of the Service by any person, please contact us at
this link misusecomplaints@GotYour.com.
When you visit GotYourPriceCheck.com or contact our customer service department,
you are communicating with us electronically. We will also communicate with you
via email or by posting notices on and updates to the Service. By using the Service,
you hereby agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that such communications
be in writing.
2. Privacy:
The manner in which we deal with your personal information is set out in our privacy
policy.
3. Product Information:
Product specifications, prices, locations and other information have either
been made accessible by suppliers, manufacturers or merchants. The intention of
GotYourPriceCheck.com is that all information received by a user should be as accurate
and up-to-date as possible. However, GotYourPriceCheck.com cannot guarantee the
reliability or the accuracy of the information sent to a user via SMS text. We urge
our users to conduct their own research prior to purchasing from the stores or online
outlets listed in our texts to ensure the accuracy of the prices and product information.
All the actions taken by the user of the Service are the responsibility of the individual.
GotYourPriceCheck.com cannot make any guarantees that any information is correct
or be held liable for any actions taken based on the product and pricing information
provided.
Merchants listed on the Service are independent third parties and GotYourPriceCheck.com
is not acting as a principal, agent or broker with respect to any advertisers or
information suppliers. Users’ relationships with any merchant contacted through
this Service is solely between user and the merchant. You agree not to hold GotYourPriceCheck.com
liable for any loss or damage of any sort incurred as the result of any business
conducted with our merchants or as the result of the content provided by such merchants
through the Service. GotYourPriceCheck.com shall have no responsibility for transmission
of funds due to any third party retailer with whom you may elect to deal. You shall
be responsible for transmitting all payments due on the terms agreed with any third
party retailer and We shall have no liability in that regard
4. International Use:
We make no representation that GotYourPriceCheck.com is appropriate or available
for use in locations outside the United Kingdom.
5. Age Restriction:
Use of the Service is strictly limited to persons eleven (11) years of age or older.
If, at any time, we believe that you are under eleven (11) years of age and do not
have the permission of the mobile account holder to use the Service, we may immediately
terminate your access to the Service without any liability to you.
6. Fees and Modification Services:
No fee is payable to GotYourPriceCheck.com for use of the Website during the continuance
of this Agreement. However use of the Service will be subject to a charge per text
received by a user at the rate of £0.25p per text message inclusive of standard
operator charges.
7. Term and Termination:
This Agreement shall remain in full force and effect while you use the Service or
browse the Website.
8. Permitted Use of the Service:
GotYourPriceCheck.com is for personal non-commercial use only. The Service
may not be used for commercial uses, except those that are specifically endorsed
or approved by Us in writing. Illegal and/or unauthorized use of the Service, including
unauthorized framing of or linking to the GotYourPriceCheck.com Website is prohibited.
9. Content Owned by GotYourPriceCheck.com:
A.
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Content included on the Website includes without limitation text, files,
images, photos, video, sounds, musical works, works of authorship, software, and
other materials owned by GotYourPriceCheck.com (the GotYour Materials). The GotYour
Materials are protected by copyright, trademark, patent, trade secret and other
laws, and GotYour Limited owns and retains all rights in the GotYour Materials and
the Website.
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B.
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License Grant. GotYourPriceCheck.com hereby grants you a limited, revocable,
nonsub-licencable license to reproduce and display the Website.
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10. Content Rules:
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Links. The Website may contain links to other websites. GotYourPriceCheck.com
is not responsible for the content, accuracy or opinions expressed on such websites,
and such websites are in no way investigated, monitored or checked for accuracy
or completeness by us. When you access these third-party websites, you do so at
your own risk. We take no responsibility for third party advertisements, nor do
we take any responsibility for the goods or services provided by its advertisers.
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See "Intellectual Property of Others" below for a description of
the procedures to be followed in the event that any party believes that content
posted on this website infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party.
11. Disclaimers:
THE GOTYOURPRICECHECK.COM WEBSITE AND SERVICE AND ALL CONTENT ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, GOTYOURPRICECHECK.COM MAKES NO WARRANTY THAT (A)
THE SERVICE AND CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND CONTENT
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR
RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED
OR OBTAINED BY YOU FROM GOTYOURPRICECHECK.COM, ITS AFFILIATES OR ANY THIRD PARTY
WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. UNDER
NO CIRCUMSTANCES SHALL GOTYOURPRICECHECK.COM OR ANY OF THE COMPANIES WITHIN ITS
GROUP BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH,
RESULTING FROM USE OF THE SERVICE, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICE,
OR FROM THE CONDUCT OF ANY USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. THE
USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM SUCH ACTIVITIES.
12. Limitation of Damages:
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR
ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION
WITH THE WEBSITE OR SERVICE, THE CONTENT OR ANY WEBSITE REFERENCED OR LINKED TO
FROM THE SERVICE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED
THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH
THE SERVICE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
13. Indemnity:
You agree to indemnify and hold GotYourPriceCheck.com, its Affiliates, parents and
subsidiaries, and their respective officers, agents, partners and employees, harmless
from and against any loss, damages, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of: (a) your use
of the Service in violation of this Agreement; and/or (b) a breach of this Agreement;
and/or (c); any breach of your representations and warranties set forth in this
Agreement.
14. Intellectual Property of Others:
We respect the intellectual property of others, and we ask you to do the same. If
you, any User of this Website, or any third party believes its copyright, trademark,
or other property rights have been infringed by any Content posted on or through
the Website, such person or entity should send notification to our legal representative
(as identified below) immediately. We would ask that the notice contains the following:-
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A.
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A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
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B.
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Identification of the copyrighted work claimed to have been infringed;
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C.
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Information reasonably sufficient to permit us to contact the complaining party,
such as address, telephone number and, if available, an electronic mail address
at which the complaining party may be contacted;
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D.
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Identification of the material that is claimed to be infringing or to be subject
to infringing activity and that is to be removed and information reasonably sufficient
to permit us to locate the materials;
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E.
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A statement that the complaining party has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, agent, or
the law; and
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F.
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A statement that the information in the notification is accurate and, under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
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Contact for Claimed Infringement:
Copyrightcomplaints@GotYour.com and send copy notice to Alistair Davis, Davis
Solicitors, Cameo House, 11 Bear Street, London WC2H 7AS.
You acknowledge and agree that upon receipt of a notice of a claim of copyright
infringement, we may immediately remove the identified materials from the Website
without liability to you or any other party.
15. Choice of Law and Forum:
This Agreement shall be interpreted and construed in accordance with the laws of
the United Kingdom. For the purpose of any dispute arising under, or related in
any way to, the subject matter of this Agreement, then you agree that such dispute
shall be heard exclusively by the English courts and hereby submit to the exclusive
jurisdiction of said courts and waive any objection to the jurisdiction and venue
of such courts.
16. Company Information:
GotYourPriceCheck.com is offered by Got Your Limited, a company formed under the
laws of the United Kingdom with offices located at 11A Cambridge Park, Wanstead,
London, United Kingdom. If you notice that any user is violating this Agreement,
please contact us at misusecomplaints@GotYour.com,
Subject: Violations.
17. Copies of this Agreement:
You may receive a copy of this Agreement and the GotYour Privacy Policy by emailing
us at: Termsofservice@GotYour.com,
Subject: Price Check Terms of Use Agreement.
18. Miscellaneous:
This Agreement and the GotYour Privacy Policy constitutes the entire agreement between
you and GotYourPriceCheck.com relating to the Service. You may not assign your rights
and obligations under this Agreement to any third party, and any purported attempt
to do so shall be null and void. We may freely assign our rights and obligations
under this Agreement. In addition to all other defences under this Agreement and
by law, we shall be excused from any liability arising from any event beyond our
reasonable control, whether or not foreseeable, including but not limited to, labour
disturbance, war, fire, accident, adverse weather, inability to secure transportation,
governmental act or regulation, and other causes or events beyond our reasonable
control, whether or not similar to those which are enumerated above. If any part
of this Agreement is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain in full
force and effect. Any failure by GotYourPriceCheck.com to enforce or exercise any
provision of this Agreement shall not constitute a waiver of that right or provision.
GotYourPriceCheck.com is a trademark of J and H Prosoft Solutions Limited.
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