TERMS AND CONDITIONS
Welcome to Thepriced Software-as-a-Service (SaaS) web application (the “Service”). These terms and conditions (“Terms”) govern your use of the Service as a user located in the United Kingdom (“User”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1. Definitions
1.1. “Agreement” means these terms and any additional terms and conditions that we may provide to you.
1.2. “Content” means any data, text, images, sounds, videos or other material that is uploaded, transmitted, stored, displayed or otherwise made available through the Service.
1.3. “Intellectual Property Rights” means all intellectual property rights, including patents, trademarks, trade secrets, copyrights, moral rights, rights of publicity, and any other proprietary rights.
1.4. “Service” means our materials comparison SaaS web application, including all related software, networks, systems, content and documentation.
1.5. “User” means any person who accesses or uses the Service.
2. License to Use the Service
2.1. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-refundable, revocable license to access and use the Service solely for your personal or internal business purposes.
2.2. You acknowledge that we own all Intellectual Property Rights in the Service, and that you have no right to use any of our trademarks, photography, content, trade names, or logos without our prior written consent.
2.3. You shall not, and shall not allow any third party to: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer, decompile, or disassemble the Service; (c) access the Service to build a competitive product or service; or (d) use the Service in any manner that is prohibited by law or these Terms.
3. User Content
3.1. You are solely responsible for all Content that you upload, transmit, store, display or otherwise make available through the Service.
3.2. You represent and warrant that: (a) you own all Intellectual Property Rights in your Content or have obtained all necessary rights and permissions to use the Content in the manner contemplated by these Terms; and (b) your Content does not infringe any third party’s Intellectual Property Rights or violate any applicable law.
3.3. You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner your Content in connection with the Service and our business.
3.4. Account creation and security. In order to use the Service, you need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
4. Privacy Policy
4.1. We will collect, use, and disclose your personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference.
4.2. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.
5. Fees and Payment
5.1. We may charge fees for your use of the Service. The fees and payment terms will be displayed on our website or provided to you by email.
5.2. You agree to pay all fees in accordance with the payment terms. If you fail to pay any fees when due, we may suspend or terminate your access to the Service.
5.3. All fees are exclusive of applicable taxes, which you will be responsible for paying.
5.4. You are not entitled to any refund of any kind after using our service, even if you are not satisfied with the results from using our service. We can not guarantee any result, other than our service will provide its service. Results are provided by our third parties and partner suppliers, and their choice to respond and how to respond.
6. Modifications to the Service and Terms
We reserve the right to modify, suspend, or discontinue the Service at any time and without notice. We also reserve the right to modify these Terms at any time and without notice. Your continued use of the Service following any such modification will constitute your acceptance of the modified Terms.
7. Warranties and Disclaimers
7.1. We warrant that we will provide the Service in a professional and workmanlike manner.
7.2. Except as expressly provided in these Terms, the Service is provided on an “as is” basis
7.3. Except as expressly provided in these Terms, we make no representations or warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error-free, or free of harmful components.
7.4. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
7.5. You use the Service at your own risk, and you assume all responsibility for any loss or damage resulting from such use.
8. Limitation of Liability
8.1. In no event shall we be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, revenue, data, or use, incurred by you or any third party, whether in an action in contract, tort (including negligence), or otherwise, arising out of or in connection with these Terms or your use of the Service, even if we have been advised of the possibility of such damages.
8.2. Our total liability to you for any and all claims arising out of or in connection with these Terms or your use of the Service shall not exceed the total amount of fees paid by you to us during the one month period immediately preceding the date of the event giving rise to the claim.
9. Indemnification
9.1. You agree to defend, indemnify, and hold us and our affiliates, officers, directors, employees, and agents harmless from and against any claims, actions, demands, liabilities, damages, settlements, expenses, and costs (including without limitation, reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Service; (b) your breach of these Terms; or (c) your violation of any law or the rights of any third party.
10. Termination
10.1. We may terminate these Terms and your access to the Service at any time for any reason or no reason by providing you with notice.
10.2. Upon termination of these Terms, your license to use the Service shall immediately terminate, and you shall immediately cease all use of the Service.
10.3. The following sections shall survive any termination of these Terms: 3 (User Content), 4 (Privacy Policy), 6 (Warranties and Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), and 10 (General).
11. General
11.1. These Terms constitute the entire agreement between you and us regarding your use of the Service.
11.2. These Terms shall be governed by and construed in accordance with the laws of England and Wales without regard to its conflicts of law principles.
11.3. Any dispute arising out of or in connection with these Terms or your use of the Service shall be submitted to the exclusive jurisdiction of the courts of England and Wales.
11.4. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11.5. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
11.6. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent.
11.7. We may assign these Terms or any of our rights or obligations under these Terms without your prior written consent.
11.8. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and us.
11.9. Any notice or communication required or permitted to be given under these Terms shall be in writing and shall be deemed to have been duly given: (a) upon receipt, if personally delivered or sent by certified or registered mail, return receipt requested; or (b) upon transmission, if sent by facsimile or email with confirmation of transmission.
Thank you for reading and agreeing to our Terms and Conditions. If you have any questions or concerns, please contact us at accounts@thepriced.co.uk.