Terms & Conditions

TERMS OF USE

Last updated December 13, 2022



AGREEMENT TO TERMS

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.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.  


INTELLECTUAL PROPERTY RIGHTS

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.


USER REPRESENTATIONS

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).


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.


COMPETITION CONDUCT CONDITIONS

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.
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.

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:

  • 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.

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.

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.



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 . Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3 . 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.
4 . Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5 . Use any information obtained from the Site in order to harass, abuse, or harm another person.
6 . Make improper use of our support services or submit false reports of abuse or misconduct.
7 . Use the Site in a manner inconsistent with any applicable laws or regulations.
8 . Use the Site to advertise or offer to sell goods and services.
9 . Engage in unauthorized framing of or linking to the Site.
10 . 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.
11 . 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.
12 . Delete the copyright or other proprietary rights notice from any Content.
13 . Attempt to impersonate another user or person or use the username of another user.
14 . Sell or otherwise transfer your profile.
15 . 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”).
16 . Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
17 . Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18 . Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
19 . Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20 . Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
21 . 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.
22 . Use a buying agent or purchasing agent to make purchases on the Site.
23 . 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.
24 . 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.
25 . Create a raffle on the platform where there is no intention of delivering the Prize
26 . Create a fraudulent, misleading, or illegal raffle on the platform
27 . Creating a raffle with an item set out in the Prohibited Items page of the platform


PROHIBITED ITEMS LIST 

The Site reserves the right to refuse, or cancel a raffle early, without warning, should it be found to list a Prize in the following list of prohibited items. Should we receive raffle requests that we deem to break the law, raffilo.com reserve the right to contact the relevant authorities.

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.

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 

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and 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 as non-confidential and non-proprietary. 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 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.


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.


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.


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.


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 (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.


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 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.


GOVERNING LAW

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.


DISPUTE RESOLUTION

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.

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 Manchester , Great Britain .  The language of the proceedings shall be English . Applicable rules of substantive law shall be the law of Great Britain .

Restrictions

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.

Exceptions to Informal Negotiations and Arbitration

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.


CORRECTIONS

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.


DISCLAIMER

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.


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 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.


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) 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.


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. 


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: 

Leadspot Limited
Bank Chambers
93 Lapwing Lane
Manchester M20 6UR
Great Britain