Terms & Conditions
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and
Leadspot
Limited
, doing business as
Raffilo
("
Raffilo
", “we”, “us”, or “our”),
concerning
your access to and use of the
http://www.raffilo.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 upon first use of the website following any change, you will be notified via a pop-up box, and asked to review the terms and accept them. You will then 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.
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 Great Britain,
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) are a permanent resident of Great Britain;
(2) all registration
information you submit will be true, accurate, current, and complete;
(3
) you will maintain the accuracy of such information and promptly update
such registration information as necessary
;
(4) you have the legal
capacity and you agree to comply with these Terms of Use; (5
) you are not a minor
; (
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).
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.
Raffilo operates a prize draw competition software platform. A player
will
only ever be entered into a competition prize draw if they answer the
randomly
selected question correctly. Incorrect answers will not be entered, and
therefore will not be
given the opportunity to win the prize. Due to the platform offering a free entry option via post, Raffilo is not governed by the rules and
regulations
under the Gambling Act 2005. Users of the website will notice the term
"raffle" throughout. This term is simply
used to be more succinct than prize draw competition, and for marketing
optimisation purposes. For the avoidance of doubt, all competitions on the
Raffilo platform are legally "Prize Competitions", and not raffles.
Hosting a prize competition.
Prize competitions are hosted by "the Host" on the Raffilo software platform. The Host must be over 18 years of age, must have a verified email address though the platform, a Raffilo profile, and must reside in Great Britain. The Host is solely responsible for the accuracy of the description of the prize competition, including; prize title, prize description, ticket price, minimum and maximum tickets available, minimum amount of tickets required to sell in order to deliver the Prize, prize delivery details, sufficient images to explain the Prize, prize draw date and time, and a charitable donation if chosen.
Prize competitions are hosted by "the Host" on the Raffilo software platform. The Host must be over 18 years of age, must have a verified email address though the platform, a Raffilo profile, and must reside in Great Britain. The Host is solely responsible for the accuracy of the description of the prize competition, including; prize title, prize description, ticket price, minimum and maximum tickets available, minimum amount of tickets required to sell in order to deliver the Prize, prize delivery details, sufficient images to explain the Prize, prize draw date and time, and a charitable donation if chosen.
Raffilo reserve the right to refuse any prize competition, without prejudice, or
where the raffle is deemed to violate the prohibited items list found below.
The Host is not permitted to directly offer an entrant a cash alternative or
monetary share of the ticket sales instead of delivering the advertised Prize.
The Host is not permitted to request a payment from the Winner for the delivery of the Prize. The delivery cost must at all times be factored into the ticket price set by the Host. Should a Host attempt to request money for delivery, then please email us with the raffle code, and your username to [email protected].
If providing more than one Prize, the Host may tell the system via a setting whether they want one winner to win all Prizes, or whether each Prize should be won by a different Winner.
Entering a Competition
All prize competitions hosted on the Raffilo platform run from the date approved, until the date and time chosen by the Host. A Raffle is closed once the draw has taken place, and not before. The only way a Raffle can close is by having a draw.
In order to enter a prize competition, an Entrant must first answer the randomly selected question that will display on-screen. Once answered, there will be no feedback as to whether that answer is right or wrong, and regardless of this, the Entrant will then be required to either use the credit they may have in their Raffilo account, or make a new payment to cover the total cost of tickets selected. Entrants may also enter a prize competition via post, for free. Details of which are outlined below, and will also be clearly displayed on each prize competition.
All prize competitions hosted on the Raffilo platform run from the date approved, until the date and time chosen by the Host. A Raffle is closed once the draw has taken place, and not before. The only way a Raffle can close is by having a draw.
In order to enter a prize competition, an Entrant must first answer the randomly selected question that will display on-screen. Once answered, there will be no feedback as to whether that answer is right or wrong, and regardless of this, the Entrant will then be required to either use the credit they may have in their Raffilo account, or make a new payment to cover the total cost of tickets selected. Entrants may also enter a prize competition via post, for free. Details of which are outlined below, and will also be clearly displayed on each prize competition.
If you'd like to enter a raffle by post, please send a postcard the following information:
Username
Raffle ID (found at the end of the links above this of the path of the raffle page - e.g. RAF 70onfvNvKJWKp ElV5LABbYfjQO)
The answer to the question (A, B, or C)
Please send the postcard using either a first class or second class stamp
Raffilo
Suites 1-4 The Colony Buildings
Altrincham Road
Wilmslow
SK9 4LY
Postal Entry Disclaimer:
Username
Raffle ID (found at the end of the links above this of the path of the raffle page - e.g. RAF 70onfvNvKJWKp ElV5LABbYfjQO)
The answer to the question (A, B, or C)
Please send the postcard using either a first class or second class stamp
Raffilo
Suites 1-4 The Colony Buildings
Altrincham Road
Wilmslow
SK9 4LY
Postal Entry Disclaimer:
- We offer access to a prize competition platform. The system can only work using registered users, and therefore you must register and create a profile before entering.
- As with paid entries, only correct answers to the randomly selected raffle question will be considered valid, and be viable for the prize draw.
- Free postal entries should be made by sending one postcard, for each free entry; up to a maximum of 50 free entries per person, per competition, in line with the limitation on entries per person entering online, per competition.
- All free entries must be received by the Competition draw date and time, which is displayed as a live countdown on each individual Competition page.
- If a postal entry is drawn as the winner of the raffle, you will receive the same notifications as a paid winner. Namely, we will email you automatically once the draw is made, add a notification to your Raffilo account that will display on every page you visit on the site, and add your username as a winner on the raffle page on the website.
Eligibility
Entrants must be located in Great Britain, and must be at least 18 years old. Employees, shareholders, suppliers, and members of the immediate family of all of these related to Raffilo are not permitted to enter prize competitions hosted on the Raffilo platform. Immediate family members of the Host are not permitted to enter the Host's prize competition. By entering a prize competition, you agree to be bound by these restrictions, and understand that Raffilo may require an Entrant to provide proof of their eligibility to enter the prize competition in question. Raffilo reserves the right to invalidate any Host, Winner, or Entrant should we deem that the eligibility contravenes any part of this section, or if the conduct is not conducive with the intention of the prize competition.
Entrants must be located in Great Britain, and must be at least 18 years old. Employees, shareholders, suppliers, and members of the immediate family of all of these related to Raffilo are not permitted to enter prize competitions hosted on the Raffilo platform. Immediate family members of the Host are not permitted to enter the Host's prize competition. By entering a prize competition, you agree to be bound by these restrictions, and understand that Raffilo may require an Entrant to provide proof of their eligibility to enter the prize competition in question. Raffilo reserves the right to invalidate any Host, Winner, or Entrant should we deem that the eligibility contravenes any part of this section, or if the conduct is not conducive with the intention of the prize competition.
Winners
Only tickets entered into any prize competition within the Raffilo platform that match a correct answer to the qualifying question will have the chance to win the competition.
For the avoidance of doubt, the following section applies to both paid tickets, and free postal entries.
Postal entries will be manually input into the system, so that a ticket Id can be generated, and the tickets can be added to the list of correct answers eligibile for the prize draw. Said ticket Ids will therefore display in your Raffilo dashboard as they would with a paid entry, and follow the same journey as a paid entry, outlined as follows.
The Winner will be selected at random using a purpose built automation tool that selects a user Id from all the eligible user Ids that entered the raffle. An eligible user Id is defined as one that has entered the raffle and answered the randomly selected question correctly, and adheres to the eligibility section as outlined in these terms and conditions.
The Winner will be selected on the closing date at the time stated under the competition on our website. The Winner will receive the Prize in accordance with the competition's Terms and Conditions, and as advertised by the Host.
Should a raffle not reach the amount if ticket sales set out by the host when they enter the raffle onto the Raffilo platform, the Winner will receive a compensation of 75% of the ticket sales. This is to protect the Host against having to send a Prize where he has not earned enough to cover the cost of the Prize, and therefore would lose money hosting the raffle.
The Winner will be notified by email, and their username will be displayed on the prize competition's page, to show other members that the draw has concluded.
It is the responsibility of both the Winner and the Host to liaise through our chat window that will become available as soon as the draw is made, to arrange the delivery of the Prize. Raffilo can not be held responsible if the Winner does not see the winning email, as we encourage all our members to regularly check their dashboard, where they will be notified on the site if they have won. It will show in their tickets section of their account page, so regular checks should be made here if a competition has been entered.
The Prize may only be claimed by the winning Raffilo user.
Raffilo accepts no responsibility if the Winner is unable to accept the Prize.
Only tickets entered into any prize competition within the Raffilo platform that match a correct answer to the qualifying question will have the chance to win the competition.
For the avoidance of doubt, the following section applies to both paid tickets, and free postal entries.
Postal entries will be manually input into the system, so that a ticket Id can be generated, and the tickets can be added to the list of correct answers eligibile for the prize draw. Said ticket Ids will therefore display in your Raffilo dashboard as they would with a paid entry, and follow the same journey as a paid entry, outlined as follows.
The Winner will be selected at random using a purpose built automation tool that selects a user Id from all the eligible user Ids that entered the raffle. An eligible user Id is defined as one that has entered the raffle and answered the randomly selected question correctly, and adheres to the eligibility section as outlined in these terms and conditions.
The Winner will be selected on the closing date at the time stated under the competition on our website. The Winner will receive the Prize in accordance with the competition's Terms and Conditions, and as advertised by the Host.
Should a raffle not reach the amount if ticket sales set out by the host when they enter the raffle onto the Raffilo platform, the Winner will receive a compensation of 75% of the ticket sales. This is to protect the Host against having to send a Prize where he has not earned enough to cover the cost of the Prize, and therefore would lose money hosting the raffle.
The Winner will be notified by email, and their username will be displayed on the prize competition's page, to show other members that the draw has concluded.
It is the responsibility of both the Winner and the Host to liaise through our chat window that will become available as soon as the draw is made, to arrange the delivery of the Prize. Raffilo can not be held responsible if the Winner does not see the winning email, as we encourage all our members to regularly check their dashboard, where they will be notified on the site if they have won. It will show in their tickets section of their account page, so regular checks should be made here if a competition has been entered.
The Prize may only be claimed by the winning Raffilo user.
Raffilo accepts no responsibility if the Winner is unable to accept the Prize.
Disputes
The Winner hereby agrees that all Prizes are subject to and are conditional on the terms and conditions of the Promoter, Prize provider, manufacturer and/or supplier and/or anyone that is involved in the provision or supply of the Prize to the Winner.
The Winner must accept or dispute the Prize received. By accepting, the Winner agrees that the Prize was as expected, and that the competition can permanently close, resulting in no future disputes being permissable, and funds be distributed to the Host.
Should the Winner dispute the Prize, they are claiming that the Prize received was not as advertised. It is the responsibility of the Host and the Winner to agree a fair course of action to remedy the dispute. Should such a resolution not be viable, Raffilo will independently investigate the facts surrounding the dispute, and adjudicate accordingly.
Should Raffilo find in favour of the Winner, Raffilo is not obliged to distribute the earnings of the competition to the Host. The Winner will be renumerated with Raffilo's percentage outlined should a competition end with not enough tickets being sold, which is 75% of the total ticket sales.
Should Raffilo find in favour of the Host, the Host's proceeds will be distributed, and the Winner loses their rights under these terms and conditions. If the winner does not accept or dispute the competition within 14 days, then Raffilo will deem the competition to have been successfully completed, and Host funds will be distributed accordingly.
Raffilo's decision is full and final.
The Winner hereby agrees that all Prizes are subject to and are conditional on the terms and conditions of the Promoter, Prize provider, manufacturer and/or supplier and/or anyone that is involved in the provision or supply of the Prize to the Winner.
The Winner must accept or dispute the Prize received. By accepting, the Winner agrees that the Prize was as expected, and that the competition can permanently close, resulting in no future disputes being permissable, and funds be distributed to the Host.
Should the Winner dispute the Prize, they are claiming that the Prize received was not as advertised. It is the responsibility of the Host and the Winner to agree a fair course of action to remedy the dispute. Should such a resolution not be viable, Raffilo will independently investigate the facts surrounding the dispute, and adjudicate accordingly.
Should Raffilo find in favour of the Winner, Raffilo is not obliged to distribute the earnings of the competition to the Host. The Winner will be renumerated with Raffilo's percentage outlined should a competition end with not enough tickets being sold, which is 75% of the total ticket sales.
Should Raffilo find in favour of the Host, the Host's proceeds will be distributed, and the Winner loses their rights under these terms and conditions. If the winner does not accept or dispute the competition within 14 days, then Raffilo will deem the competition to have been successfully completed, and Host funds will be distributed accordingly.
Raffilo's decision is full and final.
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:
PROHIBITED ITEMS
LIST
1. Illegal drugs, drug
paraphernalia, and drug-like substances.
2. Firearms and accessories.
3. Police and emergency response uniforms, equipment, or accessories.
4. Plants or seeds prohibited by government or postage regulations.
5. Lockpicking or locksmithing devices.
6. Hazardous materials such as poisons, explosive precursors, ozone depleting substances, radioactive materials and items that contain or release such substances.
7. Human body parts or items containing body parts.
8. Animals or products from endangered or protected species.
9. Legally protected artefacts, fossils, relics, and cave formations.
10. Counterfeit items or unauthorised copies.
11. Credit cards, debit cards, and money orders.
12. Goods from embargoed countries.
13. Goods encouraging or enabling illegal activity.
14. Government, transit or shipping company property.
15. Weapons, including, but not limited to brass knuckles in any form, leaded canes, nightsticks, nunchakus, sansetsukons, or throwing weapons, guns, tasers, swords, crossbows, tear gas, pepper spray. Any offensive weapon as defined by Section 141 of the Criminal Justice Act 1988 (UK) or the Firearms and Offensive Weapons Act 1990 (Ireland).
16. Illegal content, including child pornography, torture, snuff films, or bestiality.
17. Services that are illegal or sexual, or offer services for personal or sexual relationships, advice, friendship on social media, financial services, get-rich-quick schemes, product reviews, social media likes, followers and similar services, or traffic-drivers for websites.
18. Stolen property from private individuals or property taken without authorisation.
19. British titles, such as, but not limited to, Duke and Duchess, Marquess and Marchioness, and Earl and Countess.
2. Firearms and accessories.
3. Police and emergency response uniforms, equipment, or accessories.
4. Plants or seeds prohibited by government or postage regulations.
5. Lockpicking or locksmithing devices.
6. Hazardous materials such as poisons, explosive precursors, ozone depleting substances, radioactive materials and items that contain or release such substances.
7. Human body parts or items containing body parts.
8. Animals or products from endangered or protected species.
9. Legally protected artefacts, fossils, relics, and cave formations.
10. Counterfeit items or unauthorised copies.
11. Credit cards, debit cards, and money orders.
12. Goods from embargoed countries.
13. Goods encouraging or enabling illegal activity.
14. Government, transit or shipping company property.
15. Weapons, including, but not limited to brass knuckles in any form, leaded canes, nightsticks, nunchakus, sansetsukons, or throwing weapons, guns, tasers, swords, crossbows, tear gas, pepper spray. Any offensive weapon as defined by Section 141 of the Criminal Justice Act 1988 (UK) or the Firearms and Offensive Weapons Act 1990 (Ireland).
16. Illegal content, including child pornography, torture, snuff films, or bestiality.
17. Services that are illegal or sexual, or offer services for personal or sexual relationships, advice, friendship on social media, financial services, get-rich-quick schemes, product reviews, social media likes, followers and similar services, or traffic-drivers for websites.
18. Stolen property from private individuals or property taken without authorisation.
19. British titles, such as, but not limited to, Duke and Duchess, Marquess and Marchioness, and Earl and Countess.
Any
use of the Site 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.
USER GENERATED
CONTRIBUTIONS
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 are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
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.
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 are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
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 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.
CONTRIBUTION
LICENSE
By posting your Contributions to any part of the Site
or making Contributions accessible to
the
Site by linking your account from the Site to any of your
social
networking accounts
, you automatically grant, and you represent and warrant that you have
the
right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right,
and
license to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform, publicly
display, reformat, translate, transmit, excerpt (in whole or in part),
and
distribute such Contributions (including, without limitation, your image
and voice) for any purpose, commercial, advertising, or otherwise, and
to
prepare derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing. The
use and distribution may occur in any media formats and through any
media
channels.
This
license will apply to any form, media, or technology now known or
hereafter
developed, and includes our use of your name, company name, and
franchise
name, as applicable, and any of the trademarks, service marks, trade
names,
logos, and personal and commercial images you provide. You waive all
moral
rights in your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
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.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the Site;
and
(3) to pre-screen or delete any Contributions at any time and for any
reason, without notice. We have no obligation to monitor your
Contributions.
GUIDELINES
FOR REVIEWS
We
may provide you areas on the Site to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1) you should
have firsthand experience with the person/entity being reviewed; (2) your
reviews should not contain offensive profanity, or abusive, racist,
offensive, or hate language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability; (4) your reviews
should not contain references to illegal activity; (5) you should not be
affiliated with competitors if posting negative reviews; (6) you should
not make any conclusions as to the legality of conduct; (7) you may not post
any false or misleading statements; and (8) you may not organize a
campaign encouraging others to post reviews, whether positive or negative.
We
may accept, reject, or remove reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews, even if
anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the
views of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any
review.
By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
In order to adhere with the guidelines set out under the General Data Protection Regulation (GDPR), and to protect your personal data, we will only ever display your Raffilo username on our website and any social media platform we choose to use. The purpose of reviewing users on our platform is to build trust between members, and help put members more at ease when transacting with eachother.
By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
In order to adhere with the guidelines set out under the General Data Protection Regulation (GDPR), and to protect your personal data, we will only ever display your Raffilo username on our website and any social media platform we choose to use. The purpose of reviewing users on our platform is to build trust between members, and help put members more at ease when transacting with eachother.
SOCIAL
MEDIA
As part of the
functionality of the Site, you may link your account with online accounts you have
with
third-party service providers (each such account, a “Third-Party Account”) by
either:
(1) providing your Third-Party Account login information through the Site; or (2)
allowing us to access your Third-Party Account, as is permitted under the applicable
terms and conditions that govern your use of each Third-Party Account. You represent
and warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without breach
by
you of any of the terms and conditions that govern your use of the applicable
Third-Party Account, and without obligating us to pay any fees or making us subject
to
any usage limitations imposed by the third-party service provider of the Third-Party
Account. By granting us access to any Third-Party Accounts, you understand that (1)
we
may access, make available, and store (if applicable) any content that you have
provided to and stored in your Third-Party Account (the “Social Network Content”) so
that it is available on and through the Site via your account, including without
limitation any friend lists and (2) we may submit to and receive from your
Third-Party
Account additional information to the extent you are notified when you link your
account with the Third-Party Account. Depending on the Third-Party Accounts you
choose
and subject to the privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party Accounts may
be
available on and through your account on the Site. Please note that if a Third-Party
Account or associated service becomes unavailable or our access to such Third Party
Account is terminated by the third-party service provider, then Social Network
Content
may no longer be available on and through the Site. You will have the ability to
disable the connection between your account on the Site and your Third-Party
Accounts
at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE
PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S)
WITH
SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network
Content for any purpose, including but not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any Social Network Content. You
acknowledge and agree that we may access your email address book associated with a
Third-Party Account and your contacts list stored on your mobile device or tablet
computer solely for purposes of identifying and informing you of those contacts who
have also registered to use the Site. You can deactivate the connection between the
Site and your Third-Party Account by contacting us using the contact information
below
or through your account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such Third-Party
Account,
except the username and profile picture that become associated with your
account.
SUBMISSIONS
You acknowledge and agree
that any questions, comments, suggestions, ideas, feedback, or other information
regarding the Site ("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.
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.
PRIVACY
POLICY
We care
about data privacy and security. Please review our
Privacy Policy:
raffilo.com/privacy .
By using the Site, you agree to be bound by our Privacy Policy, which is
incorporated into these Terms of Use. Please be advised the Site is
hosted
in
Great Britain
. If you access the Site 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
Great Britain
, then through your continued use of the Site, you are transferring your
data to
Great Britain
, and you agree to have your data transferred to and processed in
the
Great Britain
.
COPYRIGHT
INFRINGEMENTS
We
respect
the intellectual property rights of others. If you believe that any material
available on or through the Site infringes upon any copyright you own or control,
please immediately notify us using the contact information provided below (a
“Notification”). A copy of your Notification will be sent to the person who
posted
or stored the material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if you make
material
misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Site infringes your copyright, you should consider
first contacting an attorney.
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 (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 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.
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 Site 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.
We cannot guarantee
the Site 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 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 during any downtime or discontinuance of the Site.
Nothing
in these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These conditions are governed by and interpreted following the laws of
the
Great Britain
,
and the use of the United Nations Convention of Contracts for the International
Sale
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 of your country of residence.
Leadspot Limited
and yourself both agree to submit to the non-exclusive jurisdiction of the courts
of
Manchester
, which means that you may make a claim to defend your consumer protection rights
in
regards to these Conditions of Use in
the
Great Britain
, or in the EU country in which you reside.
Informal
Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each
"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
thirty (30)
days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
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
Manchester
,
Great Britain
.
The language of the proceedings shall be
English
.
Applicable rules of substantive law shall be the law of
Great Britain
.
The
Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To 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.
The
Parties agree that the following Disputes are not subject to the
above
provisions concerning informal negotiations and 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.
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions, 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.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR 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 THE 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.
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
one (1)
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.
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) your Contributions;
(2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and
warranties set forth in these Terms of Use; (5) your violation of the rights of a
third
party, including but not limited to intellectual property rights; or (6) 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.
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.
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.
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.
In order to resolve a
complaint regarding the Site or to receive further information regarding use of
the
Site, please contact us at: