These Terms of Membership ("TOM") contain the terms under which Feedback Scheme provide their services to you and describe how the services may be used.
You indicate your agreement to these TOM by clicking on a button indicating your acceptance, or by using the services of Feedback Scheme.
If you are using the services on behalf of an organisation, you agree to these TOM on behalf of that organisation and you confirm that you have the authority to do so. In such case, "you" and "your" will refer to that organisation.
1.1 Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services, or Feedback Scheme's trademarks or other brand elements.
1.2 Use of Feedback Scheme's trademarks or other brand elements are permitted in accordance with Feedback Scheme's Brand and Trademark Use Policies which are available in writing upon request.
2.1 You agree to pay to Feedback Scheme any membership or licence fees for the membership license you purchase or services you use including any upgrade fees, in accordance with our standard pricing and payment terms (unless adjusted in writing by Feedback Scheme). Fees paid by you are non-refundable, except as provided in these TOM or when required by law.
2.2 Our fees are billed on a subscription basis. This means that you will be billed in advance on a recurring, periodic basis (each period is called a "billing cycle"). Billing cycles are typically annual, but can depend on what is agreed at the time of you becoming a member. Your Subscription will automatically renew at the end of each billing cycle unless you cancel by contacting our team giving notice in writing in advance of the renewal date.
2.3 You may cancel your Membership at any time, in which case your Membership will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Membership immediately after the Membership starts if you do not want it to automatically renew.
2.4 Unless otherwise stated, you are responsible for any taxes or duties associated with the purchase of Feedback Scheme membership, including any related penalties or interest. If you are required by law to withhold any Taxes from your payments to Feedback Scheme, you must provide Feedback Scheme with an official tax receipt or other documentation in support of this.
2.6 Unless otherwise agreed, any upgrade fees incurred by you will be billed in advance on a pro-rata basis to the end of the current billing cycle of your Subscription. Upgrade fees which remain unpaid for 30 days after being invoiced are considered overdue. Failure to pay upgrade fees when due may result in s service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with service.
3.1 With the exception of feedback content marked by the user as positive and available for marketing use, Feedback Scheme will treat feedback content as confidential information and only use and disclose it in accordance with our Terms. Feedback content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Feedback Scheme); (b) was lawfully known to Feedback Scheme before receiving it from you; (c) is received by Feedback Scheme from a third party without knowledge of breach of any obligation owed to you.
3.2 You acknowledge that, in order to ensure compliance with legal obligations and in support of the running of Feedback Scheme, Feedback Scheme may be required to review certain content submitted to the Service, including but not limited to, determining whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Feedback Scheme otherwise has no obligation to monitor or review any content submitted to the Services.
3.3 Feedback Scheme may publish links in its Services to internet websites maintained by third parties. Feedback Scheme does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
3.4 Feedback Scheme has no obligation to retain any feedback Content following termination of Membership.
4.1 If you have been issued an account by Feedback Scheme in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Feedback Scheme, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Feedback Scheme immediately. Accounts may not be shared and may only be used by one individual per account.
4.2 Feedback Scheme occasionally sends notices to the email address registered with your account. You must keep your email address and contact details associated with your account current and accurate. Your membership is controlled by the entity whose email address is registered with the account.
4.3 Feedback Scheme may terminate your account and delete any content contained in it if there is no account activity (such as a log in for a period of over 12 months). However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
5.1 If you are an individual, you may only use the Service if you have the power to form a contract with Feedback Scheme. Membership of Feedback Scheme is not intended for use by individuals less than 16 years old. If you are under 16 years old or do not have the power to form a contract with Feedback Scheme, you may not use the Services. We recommend that parents and guardians directly supervise any use of the Services by minors. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, and that you have duly authorized your agent to bind you to these Terms.
6.1 You must use the Services in compliance with, and only as permitted by, applicable law.
6.2 You are responsible for your conduct, content, and communications with others while using the Feedback Scheme. You must comply with the following requirements when using the Services:
(i) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
(ii) You may not circumvent or attempt to circumvent any limitations that Feedback Scheme imposes on your account.
(iii) You may not probe, scan, or test the vulnerability of any Feedback Scheme system or network.
(iv) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
(v) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
(vi) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Feedback Scheme will endeavour to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Feedback Scheme.
(vii) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
(viii) Unless authorized by Feedback Scheme in writing, you may not resell or lease Feedback Scheme Services.
(ix) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Feedback Scheme has agreed with you otherwise in writing. You may not use the Services in a way that would subject Feedback Scheme to those industry-specific regulations without obtaining Feedback Scheme's prior written agreement.
7.1 If you terminate a Membership in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.
7.2 Feedback Scheme may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use the Services in a way that causes legal liability to us or disrupts others' use of the Services.
7.3 Feedback Scheme may suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavor to give you advance notice. However, there may be time sensitive situations where Feedback Scheme may decide that we need to take immediate action without notice.
7.4 If Feedback Scheme stops providing the Services to you because you repeatedly or egregiously breach these Terms, Feedback Scheme may take measures to prevent the further use of the Services by you, including blocking your IP address.
8.1 Feedback Scheme may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. Feedback Scheme may also provide notification of changes via email or on its blog. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Feedback Scheme to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
8.2 Feedback Scheme constantly changes and improves the Services. Feedback Scheme may add, alter, or remove functionality from a Service at any time without prior notice. Feedback Scheme may also limit, suspend, or discontinue a Service at its discretion. If Feedback Scheme discontinues a Service, we will give you reasonable advance notice. Feedback Scheme may remove content from the Services at any time in our sole discretion, although we will endeavour to notify you before we do that if it materially impacts you and if practicable under the circumstances.
9.1 Feedback Scheme try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND FEEDBACK SCHEME DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
9.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, FEEDBACK SCHEME, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF FEEDBACK SCHEME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9.3 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF FEEDBACK SCHEME, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO FEEDBACK SCHEME FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (B) GBP£15.00.
9.4 YOU ACKNOWLEDGE THAT FEEDBACK SCHEME WILL NOT BE LIABLE IN THE EVENT OF CONTENT BEING OBTAINED BY ILLEGAL MEANS, OR ACCESS TO IT ACHIEVED BY USING A METHOD OTHER THAN THROUGH THE INTERFACE AND INSTRUCTIONS THAT WE PROVIDE, AND FEEDBACK SCHEME WILL NOT BE LIABLE FOR DAMAGE CAUSED BY ANY RELEASE OF FEEDBACK CONTENT BY THIRD PARTIES, OR ACTING OUTSIDE OF COMPANY POLICIES ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS.
9.5 We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of your consumer rights.
9.6 If you are a business, you will indemnify and hold harmless Feedback Scheme and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and legal fees) arising out of a third party claim regarding or in connection with your use of the Services or a breach of these Terms.
10.1 Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, Snape Corporation Limited.
10.2 For any Service provided by Feedback Scheme., the following provisions will apply to any terms governing that Service:
References to "Feedback Scheme", "we", "us", and "our" are references to Snape Corporation Ltd.
Those terms are governed by the laws of England.
Except if prohibited by applicable law, in relation to any legal action or proceedings to enforce those terms or arising out of or in connection with those terms, each party irrevocably submits to the exclusive jurisdiction of the courts of England.
You may not assign these Terms without Feedback Scheme's prior written consent, which may be withheld in Feedback Scheme's sole discretion. Feedback Scheme may assign these Terms at any time without notice to you.
These Terms (including the Additional Terms) constitute the entire agreement between you and Feedback Scheme, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
The relationship between you and Feedback Scheme is that of independent contractors, and not legal partners, employees, or agents of each other.
The use of the terms "includes", "including", "such as", and similar terms, will be deemed not to limit what else might be included.
A party's failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
To the extent any conflict exists, the Additional Terms prevail over this TOM with respect to the Services to which the Additional Terms apply.
If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
There are no third party beneficiaries to these Terms.
Feedback Scheme, Chatsworth House, 6a Montpellier Street, Harrogate, North Yorkshire, HG1 2TQ
Tel +44 0844 665 8866