These terms and conditions regulate our agreement for use of our website and for doing business with our business clients. They are not appropriate for and not to be used for or as part of any business relationship with a consumer.
1. Definitions of words in the following terms and conditions
- “We/Us (our)” means Snoofa Limited English Registered Company No 11994411 whose registered office is at Elm House, Llancayo Court, Usk Monmoutshhire, NP15 1HY. United Kingdom.
- “Business” means a business (whether or not through a corporate or unincorporated operator) of or which includes (a) dealing in goods and which includes either exclusively or non-exclusively selling or buying any such goods by or incidental to auctions; and or (b) providing services to any client of the Business whether business or consumer which or who is engaged in buying or selling goods by or incidental to auctions.
- “BtoB” means business (Us) to business (You).
- “Consumer” means a private individual who does not engage in a business the same as or ancillary to the Business.
- “Customer” means an individual who or business which is a customer or a prospective customer of Snoofa Limited engaged in a Business and who is not a consumer.
- “Data” means all and any information recorded in hard copy or electronically relating to or generated as the result of your use of any of our products or services.
- “Database” means the proprietary database belonging to Us.
- “DPA” the Data Protection Act 2018 embodying entitlements of individuals conferred under the General Data Protection Regulation (GDPR).
- “Intellectual Property (‘IP’)” means all or any of the following: copyrights and rights in the nature of copyright; database rights; reproduction rights; trade marks, trading styles and goodwill; patents, unpatented inventions, knowhow, ideas and concepts not within the public domain; artists’ resale rights.
- “Product” means SNOOFA™ branded software consisting of interactive programs to enable businesses to manage, monitor and process data relating to online distance selling and purchases of goods by auction.
- “Registration application ” means your application to access this website setting out your full contact details and the purpose you intend to make of our Service.
- “Service” means (a) the operation of this Website and or (b) the supply of the Product and ancillary services including but not limited to data migration, software maintenance and provision of usage analysis and reports.
- “Software” means a software package supplied by Us or on our behalf to You and which enables Us to deliver the Service.
- “Software Licence” means an agreement between You and Us governing your use of our Data Storage and Software.
- “Ts and Cs” means our terms of business which We currently promote conduct through this Website.
- “Trade Mark” means “SNOOFA” alone, in upper or lower case, or in combination with any other words or images and whether or not registered used by Us in the course of our business.
- “Website” means this website accessible at www.snoofa.com.
- “Website Ts & Cs” means the specific terms and conditions governing your access to and use of this Website.
- “Working Days” means days other than Saturdays, Sundays or statutory bank holidays in England and Wales.
- “You (your) ” means a user of this Website.
- References to words in one gender includes all other genders, words in the singular form include the equivalent in the plural form.
- By using our Website you agree to be bound by our Website Ts & Cs. We reserve the right to modify the Website Ts & Cs by posting those changes on our website. If You are already our customer we will notify You by email of when those changes will affect you providing you have supplied us with a current email address for notification. Your continued use of our Website and or our Service after notification of the changes will constitute your acceptance of those changes.
2. The purchase and use of the Product and Services accessible via this Website are currently limited to users who are not Consumers and require the grant by us of a Software Licence. The Ts and Cs posted on this Website are only to be used BtoB.
3.Website Ts & Cs
3.1. Registration and your information
3.1.1. You must complete our registration [link] form and have the same accepted by Us before You can order any of our Product or Services which are offered on this Website. We reserve the right to refuse to register or to cancel the registration of a user who has no legitimate ground to use our Service
3.1.2. If You disclose the name of an individual (including your own) attached to any material to be transmitted to Us when completing the registration form You must indicate consent on the registration form on behalf of any such individual to our processing that personal information in accordance with the DPA for the purposes set out in Clause 3.3 below
3.1.3. You acknowledge that we rely upon and You warrant that all of the information you are asked to provide in your registration form will be complete truthful and not misleading in any respect and that You are applying to register for and on behalf of a Business
3.1.4. You undertake to notify Us promptly in written form for so long as you remain registered with Us about any change to the information you have provided to Us in the registration form upon any such information becoming outdated or inaccurate in any respect.
3.2. Accuracy of and use by You and Us of Information on this Website
3.2.1 We make reasonable efforts (including the requirements of our Website Ts & Cs) to ensure but cannot guarantee that the information and data contained on our Website is accurate at or after the time of its posting and You shall treat any such information as is and subject to checking by You
3.2.2. You must be and You warrant to Us that You are over 18 years old before uploading any material or content onto our Server and Website
3.2.3.You warrant that You are the owner or person entitled immediately to access and use the computer alternatively that You have the permission of the person who owns or is entitled to control such computer from which You are accessing this Website
3.2.4. You are responsible for satisfying yourself as to the accuracy of information which You may read on our Website before making any permitted use of it
3.2.5. You must not supply us with or upload onto our server and Website any information data program or document whatever the format
(a) which is obscene defamatory fictitious intended to mislead or to deceive or the supply or uploading of which would constitute a crime; or
(b) which infringes the IP rights trademark rights or entitlement to confidentiality of any third party; or
(c) which being an image or recording would infringe the reproduction rights or rights of personality or image rights of any third party; or
(d) which interferes with interrupts or impairs the operation of our Website or causes damage to our server or communications systems; or
(e) without our express prior written consent which constitutes advertising or promotional material
3.2.6. You must not upload sensitive personal information onto our Server server and Website.
3.2.7. You warrant that any material which you communicate to us or upload to our Server and Website is both accurate and truthful having made all reasonable inquiries as to the same before communicating it to Us or uploading it.
3.2.8. By continuing to use this Website after clicking your acceptance of these Website Ts&Cs You grant us an unlimited non-exclusive licence to use reproduce adapt modify store and or incorporate in our Database any data which You upload onto or ask Us to process or post on our Website in connection with and ancillary to our Business subject only to your rights or the rights of any individual identified by You exercisable by that individual in relation to his personal information under the DPA
3.3. What we use data including personal information for
3.3.1. to help Us operate effectively the Website to enable the free flow of our Business in a lawful and effective manner
3.3.2. improving the Services We offer through our Website
3.3.3. to notify You of any changes to this Website or our services which may affect You
3.3.4. to identify You and any accounts You hold with Us
3.3.5. administration and statistical analysis
3.3.6. customer and user profiling and analysing website use including but not limited to site and page visits and and or purchase trends
3.3.7. Fulfilling orders arranging subscriptions executing Software Licences and operating billing processes
3.3.8. interfacing with an internet based electronic payment processor and or your electronic banking service
3.3.9. delivering confirmation or tracking of services to your or a third party’s address
3.3.10. he operation of a subscription service
3.3.11. credit scoring and credit checking
3.3.12. security vetting
3.3.13. Anti-money laundering measures and prevention or detection of fraud
3.3.14. informing and transferring data to third parties who may be interested in acquiring or who acquire our Business (or part of it) in the future.
4. Integrity of our Website and electronic communications systems
4.1. We have retained independent IT consultants to maintain the integrity of our Website and our electronic communications systems and use current commercial technological measures to discourage unauthorised access or uploading of harmful programs.
4.2. You acknowledge and agree to use our Website and the electronic communication service through which We contact each other on the express understanding that use of the internet is vulnerable to unauthorised access by hackers directly or indirectly by use of or the uploading of programs into our systems, and which by its nature it is impossible to ensure that our Website and electronic communication service are hack-proof, free from unauthorised access, or the introduction of harmful programs including malware, viruses or bugs.
4.3. We cannot accept the risk of dishonest/unauthorised access to our Website and or electronic communications between it and You. You agree to accept that risk in the context of modern communication methods by engaging in electronic communications with Us to visit our Website and or to enable Us to deliver the Service. If You require a higher level of security for your electronic communications sent by and to Us, You accept responsibility for arranging such enhanced security. You must ensure that any encrypted materials sent to Us can be accessed by Us to deliver the Service.
4.4. If any electronic communication apparently from Us is not shown to come from snoofa.com when the IP address or url. as the case may be is checked, You should not open it but check immediately with Us by telephoning our IT support team on +44 20 8191 9981.
4.5. You should not access any electronic payment pages on or from this Website as We currently do not offer such a facility.
5. Removal of content from and interruptions to or termination of access to our Website
5.1. We reserve the right at any time in our discretion to remove or modify any content uploaded on this website, whether uploaded by Us, by You or by any third party
5.2. We may at any time suspend operation of and your access to our Website for such period as is necessary for the purpose of maintaining it upgrading its content and or for removal of content or unauthorised programs from it.
5.3. We reserve the right to revoke your registration if You breach any of the Website Ts & Cs
6. Intellectual Property
6.1. Copyright in all materials and content authorised by Us and contained in and published on this site is owned by Us or by third party owners who have licensed Us to reproduce such materials on our Website. Unauthorised copying of such materials is prohibited.
6.2. We are the proprietor of the SNOOFA™ trade mark and trading style the domain name www.snoofa.com and any and all goodwill therein. No unauthorised use of our trade mark and trading style can be made by You or any person claiming through You without our express prior written consent
6.3. The rights of the proprietors of all other IP Rights reproduced on our Website are expressly reserved and must not be reproduced without the prior express consent of the respective IP rights owners.
6.4. You warrant that the material and content You upload onto or via this Website is either your own and You own the IP rights in such material and content, or that where such material or content which belongs to third party owners such owners have duly authorised You to upload their material and content onto our Website in accordance with these Website Ts & Cs and that you will indemnify and hold us harmless from any loss or damage we suffer from any breach of this warranty
7.1. Limitation of our liability: We do not accept any liability for any loss or damage of whatever kind You or any person claiming through You may suffer due to your access to and use of our Website without your entering into a Software Licence for our Product or Services unless personal injury is caused by any negligent act or omission of our officers employees or agents or through any fraudulent representation for which We are responsible.
7.2. Contacting us: If You have any query or wish to notify Us of any matter concerning your access to or otherwise concerning our Website or its contents please contact Us by email sent to email@example.com
7.3. Applicable law and Jurisdiction These Website Ts & Cs shall be interpreted in accordance with and your use of the Website is governed by English Law and all and any claims shall be dealt with exclusively in the Hereford County Court unless a claim is in excess of that court’s jurisdiction in which case the claim shall be brought only in the Business and Property Court in Bristol. Individuals shall not be hereby precluded from making any application to the Information Commissioner to enforce entitlements in respect of any matter arising under the DPA.