Terms and Conditions

WEBSITE TERMS OF USE

Rightly Limited is a company registered in England and Wales under company number 10905908, with its registered office at 120 Common Lane, Culcheth, Warrington, WA3 4HN, place of business at 5th Floor, Regents House, 40 Islington High Street, London, N1 8XB, and with VAT number 334100065 (the "Company"). The Company operates the website: www.rightly.co.uk (the "Website").

Understanding these terms of use

1.1 These terms of use (these "Terms") describe how you may access and use the Website.

1.2 When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

1.3 In these Terms, when we refer to "we", "us" or "our", we mean the Company; and when we refer to "you" or "your" we mean you, the person accessing or using the Website.

1.4 Please note that the Website uses cookies, the use of which are governed by our privacy policy and we only use your personal information in accordance with our privacy policy (available here).

The Website

2.1 The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.

2.2 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.

2.3 The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.

2.4 You may only use the Website for your own domestic, private and non-commercial use.

Your account and services

3.1 You will need to register an account with us on the Website in order to access certain services available on the Website ("Account") including those set out in clause 3.2 below. In order to register for an Account, you must be aged 18 or over.

3.2 By completing the Account registration process you become a "Registered User". A Registered User can log in to their Account in order to access certain services related to managing their personal data. These services will change from time to time but will include functionality that assists a Registered User in obtaining information on which third parties hold their personal data, what personal data is held by such third parties and managing their personal data processing consents with such third parties.

3.3 If you register an Account ("Registered User"), you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat such the password as confidential and you must not disclose it to any third party. We may also ask you to verify your identity, for example through the use of two-factor authentication. Any identity verification will be carried out in accordance with our privacy policy.

3.4 Before submitting your application to register an Account, you will have the opportunity to review a summary page of your order that allows you to identify and correct any input errors prior to submitting your application.

3.5 Undertaking the Account registration process constitutes an offer by you to contract with us on these Terms. We shall accept your offer by completing the registration process, at which point a contract shall be formed between you and us on these Terms. These Terms are only available in the English language.

3.6 We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

3.7 If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at support@rightly.co.uk

3.8 You are responsible for any unauthorised use of your Account login details.

3.9 As a Registered User, you agree:

3.9.1 not to use the Account in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these Terms;

3.9.2 not to infringe our intellectual property rights or those of any third party in relation to your use of the Account (to the extent that such use if not licensed under these Terms);

3.9.3 not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Account;

3.9.4 not to use the Account by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Account for use within a third party website or application;

3.9.5 not to collect or harvest any information or data from our systems or attempt to decipher any transmission to or from the servers running the Account;

3.9.6 not to copy, or otherwise reproduce or re-sell any part of the Account `unless expressly permitted to do so in these Terms;

3.9.7 not to access, query or search the Website with any automated system, other than through our published interfaces and pursuant to their applicable terms; and

3.9.8 not to create multiple accounts to evade punishment or avoid restrictions.

3.10 The terms of any contract between a Registered User and us will not be filed by us.

Acceptable use General
4.1 You agree not to:

4.1.1 use the Website in any way that breaches these Terms or any applicable local, national or international law or regulation;

4.1.2 copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms; or

4.1.3 do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.

User Generated Content

4.2 If it is the case that you supply/upload any content to the Website – whether it be pictures, text, sound recordings or whatever – the content you supply ("User Generated Content") must comply with the following rules:

4.2.1 it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;

4.2.2 it must not harass or bully another person;

4.2.3 it must be true and honest so far as you know;

4.2.4 it must not be defamatory of anyone;

4.2.5 it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);

4.2.6 it must not contain someone else’s personal details or confidential information relating to other people; and

4.2.7 it must not promote or condone terrorism, violence or illegal behaviour.

4.3 We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.

Viruses

4.4 We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.

4.5 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

Intellectual property

5.1 We are the owner or licensee of all intellectual property rights in the Website and its content and the Rightly name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

5.2 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms. You must not use the Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you.

5.3 No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.

5.4 Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.

Our liability

6.1 Nothing in these Terms excludes or limits our liability for:

6.1.1 death or personal injury caused by our negligence;

6.1.2 fraud or fraudulent misrepresentation; and

6.1.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

6.2 If we fail to comply with these Terms and you are a Registered User, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website.

6.3 Our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.

6.4 Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.

6.5 We only supply the Website for domestic and private use. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.6 We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Suspension and termination

7.1 If you breach any of these Terms, we may immediately do any or all of the following (without limitation):

7.1.1 issue a warning to you;

7.1.2 temporarily or permanently remove any User Generated Content uploaded by you to the Website;

7.1.3 temporarily or permanently withdraw your right to use the Website;

7.1.4 suspend or terminate your Account;

7.1.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);

7.1.6 take further legal action against you; and/or

7.1.7 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.

Changes to these Terms

8.1 We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Website. If you are a Registered User, we will provide you with at least thirty days' advance notice of any such changes. If you do not wish to continue using the Website following the changes to the Terms, you can cancel your agreement to these Terms by cancelling your Account

Other important information

9.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

9.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

9.3 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.

Governing law and jurisdiction

10.1 These Terms are governed by the laws of England and Wales. This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non- contractual disputes or claims), will be governed by English law.

10.2 You may bring any dispute which may arise under these Terms to - at the your discretion - either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are - with the exclusion of any other court - competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State, or otherwise the competent court of England.

10.3 As a consumer, if you are resident in the European Union and we direct this Website to the member state in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 10.1, affects your rights as a consumer to rely on such mandatory provisions of local law.

Contacting us

Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us using the following details:

Address: Rightly Ltd, 120 Common Lane, Culcheth, Warrington, WA3 4HN

Email address: support@rightly.co.uk

Terms last updated 18th February 2020

Thank you.