Our Terms and Conditions

These terms of use govern your use of our websites, tools and services, hereafter referred to as our ‘products’; by using our products, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our products.

You must be at least 18 years of age to use our products. By using our products and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age. Our products may use cookies. By using our products and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.

Licence to use products

Unless otherwise stated, we or our licensors own the intellectual property rights in the products and material within the products. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the products for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

• 1. Republish material from our products (including republication within other products);
• 2. Sell, rent or sub-license material from our products;
• 3. Show any material from the products in public;
• 4. Reproduce, duplicate, copy or otherwise exploit material on our products for a commercial purpose;
• 5. Edit or otherwise modify any material within the products; or
• 6. Redistribute material from our products except for content specifically and expressly made available for redistribution (such as our newsletter).
• 7. Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use our products in any way that causes, or may cause, damage to the products or impairment of the availability or accessibility of the products; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our products to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our products without our express written consent.

You must not use our products to transmit or send unsolicited commercial communications.

You must not use our products for any purposes related to marketing without our express written consent.

Restricted access

Access to certain areas of our products is restricted. We reserve the right to restrict access to other areas of our products, or indeed to whole products, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our products or other content or services, you must ensure that that user ID and password is kept confidential.

You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.

You are responsible for any activity relating to our products arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person’s user ID and password to access our products, unless you have that person’s express permission to do so.

We may disable your user ID and password in our sole discretion without notice or explanation.

Cancellation Period

Cancellation notice required is dependent upon the account type.

Basic account – 1 month

Pro & Expert – 2 months

Enterprise – 3 months

We need in writing (email is accepted) a request to cancel the account.

When your account has been cancelled, all the information stored will be permanently deleted.

Gurgl reserves the right to refuse service for any reason, at any time. Gurgl has the right to terminate your account for any reason, should this happen your account will be deactivated and deleted.

User generated content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to or store within our products, for whatever purpose.

Unless otherwise agreed contractually, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

• 1. You warrant and represent that your user content will comply with these terms of use.
• 2. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
• 3. You must not submit any user content to the products that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
• 4. We reserve the right to edit or remove any material submitted to our products, or stored on our servers, or hosted or published upon our products.
• 5. Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our products.

Limited warranties

We do not warrant the completeness or accuracy of the information published within our products; nor do we commit to ensuring that the products remain available or that the material on the products are kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to our products and the use of these products (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations and exclusions of liability

Nothing in these terms of use will:

• 1. Limit or exclude our or your liability for death or personal injury resulting from negligence;
• 2. Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• 3. Limit any of our or your liabilities in any way that is not permitted under applicable law;
• 4. Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use:

• 1. Are subject to the preceding paragraph;
• 2. Govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.To the extent that our products and the information and services within our products are provided free-of-charge, we will not be liable for any loss or damage of any nature.
• 3. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
• 4. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
• 5. We will not be liable to you in respect of any loss or corruption of any data, database or software.
• 6. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the products, prohibiting you from accessing the products, blocking computers using your IP address from accessing the products, contacting your Internet service provider to request that they block your access to the products and/or bringing court proceedings against you.

Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our products from the date of the publication of the revised terms of use on our products. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our products, and supersede all previous agreements in respect of your use of this product.

Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

Registrations and authorisations

We are registered with the Recommended Agency Register. You can find the online version of the register at RAR Site. Our registration number is 4011. Our VAT number is 880 4730 17.

Discrepancies

Any discrepancies relating to content and/or invoicing must be received by us within ten working days of publishing or dispatch.

Our details

Gurgl is powered by Switchstance Ltd.

Switchstance are registered in England & Wales under registration number 5752681.

Our business address is 2 Forncett Street, Sheffield, S4 7QD.

You can contact us by email via hello@gurgl.co.uk