TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS AND CONDITIONS SHALL APPLY TO THE SERVICES WE PROVIDE TO RETAILERS.
These terms and conditions were last updated: 12th April 2019
1. ABOUT US
1.1. Wowfires (“Wowfires”) is a trading name of Wow Marketing Group Ltd, a company registered in Scotland under company registration number SC620344. We operate the website, www.wowfires.com
2. INTERPRETATION OF THESE TERMS
2.1. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
2.2. The headings contained in these terms and conditions are for convenience only and do not affect their interpretation.
2.3. References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
3. RETAILER REGISTRATION
3.1. Retailers who wish to become a “Partner” of Wowfires must first register with Us, following the registration process. All details provided must be accurate and correct. You must only register your own details and not use any inappropriate terms.
3.2. We provide registered retailers with a licence to use our services for a fee based on payment per lead provided by Us. Registration is specific to the business and registered details must not be shared. This may constitute a material breach of our terms and conditions, and we reserve the right to suspend or restrict access to any user to the website at any time without notification.
3.3. Registered retailers must keep details of their account secret and secure. additional identification may be requested at any time we determine necessary to verify an account. Retailers shall be responsible for all activity on their account, unless we are notified of fraudulent or unauthorised use.
3.4. We reserve the right to limit the number of registered retailers using the site at any time.
3.5. Retailers are not permitted to transfer their licence to any third party.
3.6. Wowfires retains the right at its sole discretion to deny access to all or parts of the website, to close down accounts of users and change any eligibility criteria at any time and for whatsoever reason.
4. PAYMENT FOR LEADS
4.1. Retailers are required to set up an account with us to be able to receive leads from Wowfires. Access may not be available until payment has been accepted by Wowfires and funds have cleared.
4.2. The fee for services shall be inclusive of VAT and shall be payable in UK sterling (£GBP).
4.3. We reserve the right to notify retailers of any changes to our fees by posting a message on the website or emailing the contact directly. Any fees chargeable will be subject to the relevant taxes being applied at the time of purchase.
4.4. If we do not receive the full amount of fees due each month, or if we are charged back for any fee previously charged to a credit or debit card, we reserve the right to pursue all available remedies to recover payment including without limitation, suspension or termination of your account and rights to all services from the website .
5.1. This Agreement shall come into force on our acceptance of a retailer’s registration for listing on the website. Your agreement to these terms and conditions shall remain in force until notice of termination is given by you.
5.2. We reserve the right to revise our fees and renegotiate our service offering at any time but will give Retailers a minimum of 30 days’ notice of any such change.
5.3. If there is a long period of inactivity on your account, we may contact you to confirm that you still wish to be registered. If we are unable to contact you, we reserve the right to suspend or remove your registration from the website.
6.1. Access to use the Wowfires website will continue of a rolling basis provided you have a valid registered account. You can notify us at any time that you wish to close your account and your account will be closed once any outstanding fees have been received by Us and such funds are cleared.
6.2. Once your account with us is closed, your profile and all related data will be removed from our systems. Limited data required for other purposes by Wowfires may be archived as we determine is appropriate.
7.1. A registered account may be cancelled at any time. If we receive notification from you to cancel your registered account, we will close the account once payment of any outstanding fees has been received by Us and such funds are cleared.
8. COPYRIGHT AND TRADEMARK
8.1. The website and its original content, features, and functionality are owned by Wowfires or our Partners and are protected by copyright law.
9. LIMITATION OF USE
9.2. You must not scrape any data from the website by any means including, but not limited to, the use of software, devices, scripts, robots or other processes to copy profiles or any other website content, whether it is seen by the user or used in the construction of the website.
10. DATA PROTECTION
10.1. The Company acts as a Data Controller in relation to the services supplied under these Terms and Conditions, all data provided to Wowfires is treated as confidential. We reserve the right to withhold records which may compromise the confidentiality of other customers.
10.2. The person responsible for data protection matters is Chris Boyd.
10.3. Under data protection legislation, data subjects have the right to access any data personal data kept by Wowfires through a Subject Access Request (SAR). If you wish to invoke this right, you should contact Chris Boyd, by email to firstname.lastname@example.org
10.4. As permitted under data protection legislation we will store personal data only for as long as necessary and for legitimate purposes. We do not pass personal data to any third parties except where lawfully permitted. Personal data is not sold to any third party.
10.6. We retain the right to respond to legal requests as necessary.
11. INTELLECTUAL PROPERTY
11.1. Wowfires reserves the right to all intellectual property in relation to this website and the services provided by us.
11.2. Use of our website does not give the user any ownership in the services, its content or any trademark or logo used on the website by Wowfires.
12. CHANGES TO TERMS AND CONDITIONS
12.1. These terms and conditions may be modified from time to time and you are advised to check the website to see that you are reading the most up-to-date Terms and Conditions.
13.1. Wowfires takes all reasonable care in the provision of services available to retailers, but to the full extent permissible we disclaim all responsibility for damage or loss howsoever arising including but not limited to loss of projects, loss of profits, loss of data or consequential or indirect losses arising in contract, tort or otherwise from the use of or inability to use the website and/or any information or materials on www.wowfires.com
13.2. We make no warranty that the contents of the website are free from the influence of malware which has destructive or monitoring properties and shall have no such liability.
14. NO WAIVER
15. FORCE MAJEURE
15.1. Wowfires shall not be liable for any failure or delay in performing their obligations under these terms and conditions where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of Wowfires.
16. ENTIRE AGREEMENT
16.1. By using the Wowfires website, retailers accept that they shall not rely on any representation, warranty or other provision except as expressly provided in these terms and conditions.
16.2. All conditions, warranties or other terms implied by statute or common law are excluded from these terms and conditions as fully permitted by law.
17.1. Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
18. NO PARTNERSHIP
18.1. Nothing in these terms and conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship other than the contractual relationship expressly provided for in these terms and conditions.
19. THIRD PARTIES
19.1. No part of these terms and conditions shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
20.1. Notices sent to you by e-mail will be deemed to have been received twenty-four hours after sending. Letters sent by post will be deemed to have been received forty-eight hours after sending.
20.2. We can be contacted by email to email@example.com
20.3. The postal address for all notices and correspondence is
436 Hillington Road
Glasgow G52 4BL
21. JURISDICTION AND GOVERNING LAW
21.1. These terms and conditions and all disputes, whether contractual or otherwise, arising out of or in connection with them are governed by and shall be construed in accordance with the laws of Scotland and each party submits to the exclusive jurisdiction of the Scottish courts.
Copyright © 2019 Wow Marketing Group Ltd t/a wowfires.com
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