Terms of Use for the Shopping Channel

Acceptance

When registering on http://shopping.enclick.com and using any webpages accessible from the Website (collectively known as the "WebPages"), you, the participant, accept our (enclick.com's ) General Terms and Conditions as set out here ("the Terms"). We (enclick.com ) will inform you of changes to our Terms by an appropriate method on your first visit following the change.

Extent of Service

Enclick Ltd , offer you in the WebPages an internet service which provides a platform on which you can read and write opinions and reports of experiences of a large number of products and services. In this way we intend to provide you with rapid and easy access to opinions, reports, judgements and other comments of such products and services.

Enclick Name and Password

On agreeing to accept our Terms, you will be required to provide us with a user Enclick name and password. You alone are responsible for the confidential treatment of your user name and password. You are responsible for every use and or misuse of the WebPages which take place under your user name. You are obliged to immediately inform enclick.com of any unauthorised use of the WebPages under your Enclick user name.

Data Protection

The protection of your personal information is of extreme importance to us. Enclick Ltd tries its utmost to ensure online data protection. Before agreeing to these Terms, please read our Data Protection Statement to understand how your personal information is handled if you take advantage of our internet services, which is incorporated into these Terms.

Content

Our internet services provide a forum for user-generated contents. As a user, you acknowledge that all opinions, reports of experiences, announcements, pieces of advice, texts, pictures (including pictures linked or otherwise connected via a URL) and other content ("the Content") which are found within the WebPages are solely the responsibility of the person(s) or institutions, which transmitted the Content to enclick.com for reproduction. You acknowledge that enclick.com cannot check the Content and accordingly enclick.com accepts no liability whatsoever for all or part of the Content. As a precondition for the transmission of Content to enclick.com you warrant and represent that: a) you are the holder of all rights of the transmitted Content or you have acquired the necessary rights of the holder to transmit or reproduce the Content to enclick.com. b) the use of such Content by enclick.com represents no violation of copyright or other rights of a third party. You automatically guarantee enclick.com all rights to copy, distribute, send, publicly reproduce, publish, further develop, sell or otherwise use of the transmitted Content world-wide without any claim for reimbursement by you or a third party, and these rights shall continue even after termination of this agreement. You also acknowledge that enclick.com has the unlimited right (but in no case obligation)to reject or exclude from the account the whole or parts of the transmitted Content where enclick.com deems such action to be necessary. You acknowledge that enclick.com may delete your enclick account if no new Content has been transmitted to enclick.com in a consecutive six month period.

Participant Conduct

You alone are responsible for all the Content of your transmission to enclick.com and the resulting consequences. You agree that you:

  1. will not transmit any Content to enclick.com whose reproduction would mean a violation of copyright or other rights of a third party
  2. will not use any offered online service of enclick.com for pornographic, immoral, dishonest or illegal purposes. The use of the services offered by enclick.com for publishing or other circulation of material with pornographic, punishable, libellous or other dishonest or illegal content is prohibited. Equally, the circulation of material of anti-constitutional, extremist and/or forbidden groups is prohibited. The disregard of these Terms by you or a third party, who has used the online services of enclick.com with your agreement shall lead to your immediate disqualification from use of or access to the WebPages. enclick.com reserves the right to claim for compensation on an indemnity basis
  3. will run no advertising, send no chain letters or such like or offer the sale of products or services
  4. will send no Content to enclick.com which contains software, applications, programs or "viruses" which impair or damage the function of the hardware or software of enclick.com or that of other participants
  5. will not give false or unclear information or register oneself under a false identity when registering
  6. will not falsify or delete legends or other references of Content sent to enclick.com
  7. will not defame or in any other way harass other participants
  8. will not register the personal data of other participants
  9. will not attempt to gain unauthorised access to any enclick.com service, nor to any data, network or system whatsoever
  10. will not send either multiple emails or one large email so as to annoy another participant or affect their use of the WebPages
  11. will not interfere with enclick.com's network comprising users of the WebPages
  12. will not conduct activities which cause inconvenience, annoyance or needless anxiety to others
  13. will not conduct activities which violate the privacy or property rights of others
  14. will not infringe laws or other regulations in the context of the participation in the online services offered by enclick.com
enclick.com reserves the right to temporarily or permanently disqualify participants who infringe laws, good conduct, these Terms or for any other reason which enclick.com considers to be a serious abuse of the internet services provided by enclick.com and to remove Content from our WebPages.

Release from Claims of a Third Party

You release enclick.com from any claims of a third party against enclick.com because of the infringement of their rights, (including without limitation copyright or other protection laws, due to Content in the WebPages which was transmitted by you. The defence against such claims is taken on by enclick.com. You will reimburse enclick.com the costs of the pursuit of the case caused by this law-infringing Content. You will support enclick.com as much as possible with the answering of all claims of a third party which are about your Content on the WebPages and will hand over to enclick.com all documents necessary for the defence.

Copying

The Content published by enclick.com is protected by copyright. Copying and/or amending all or part of the Content, particularly for commercial or advertising use requires the prior written permission of enclick.com. The making or amending of copies (either saved or printed) of opinions, product judgements or other statements for personal and not commercial use is permitted provided that legends or other references will not be falsified or deleted. Any other copying, amending, distribution or publication of Content without the prior written permission of enclick.com is prohibited. The permission to copy can be requested by writing to info.uk@enclick.com

Protection of trade marks

The term "enclick.com" is a registered trade mark. The use of this trade mark without explicit written permission from enclick.com is prohibited.

Exclusion from Guarantee

The WebPages contain Content provided by third parties. enclick.com makes no warranty for the accuracy, quality, completeness, reliability or credibility of this Content. You agree that you shall use the Content contained in our WebPages at your own risk, you shall rely on the Content at your own risk and you will not make any claim against enclick.com in relation to the Content. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, product judgements and other information provided on the WebPages or on the internet generally.

Restriction of Liability

enclick.com attempts to ensure that the information available on the WebPages at any one time is accurate. However, we cannot guarantee that this information will be fault-free and we cannot be responsible for goods and services offered by us as agents for third parties or for any aspect of the relationship between you and that third party. enclick.com does not accept liability for any errors and omissions and reserves the right to change information, specifications and descriptions of listed goods, products and services. We will endeavour to correct errors and omissions as quickly as practicable after being notified of them. enclick.com makes no representations about the fitness for a particular purpose of any of the products or services referred to in its WebPages. enclick.com does not accept liability for any indirect or consequential loss arising out of the use/access of the WebPages. We will only be liable for direct loss (save in the case of our fraud or of death or personal injury caused by our negligence in respect of which there is no limit) up to a maximum of £100. This Restriction of Liability section applies only to the extent permitted by law.

Changes to the General Terms of Service

enclick.com retains the right to change the Terms. enclick.com will inform you about the changes by email. Your continued use of enclick.com after the posting of the amended Terms constitutes your acknowledgement of the amended Terms and its modification and agreement to abide by and be bound by the Terms, as amended.

Ineffectiveness of Terms

Should any provision of the Terms in whole or in part, be determined to be invalid, unenforceable or void for any reason, such provisions shall be severed and the remainder of the Terms shall continue to have full force and effect.

Choice of Law and Place of Jurisdiction

These terms are governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.

Waiver

enclick.com's failure to insist upon or enforce strict performance of any part of these Terms shall not be construed as a waiver of any of its rights under these Terms.

Claims and Complaints Process for the service on enclick.com

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In the case that Enclick User or a third party consider that an irregularity of service or an activity has ocurred on the enclick channel, he should notify Enclick with a detailed, clear and accurate description on behalf and under the responsibility of the claimant. These notifications should be sent to legal@enclick.com

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