Terms & Conditions of use

A. Terms & Conditions for all Users

B. Additional Terms & Conditions for Members

A. Terms & Conditions for all Users

These Terms & Conditions set out the terms of the agreement (the “Agreement”) between Plebble Loyalty Limited (Company No. 05881918) whose registered office is at Court Farm House, Overton, Basingstoke, Hampshire RG25 3HF (“Plebble”) and you under which you may view, contribute to, use, link to, reproduce or otherwise refer to the data, information, content, features and services contained in this website from time to time (the “Plebble services”).  By viewing, contributing to, using, linking to, reproducing or otherwise refering to any one or more of the Plebble services, you are expressly, irrevocably and unconditionally agreeing to be bound by the terms of this Agreement, as set out herein.

Ownership and Permitted Uses

The functionality, design and layout of this website, including (without limitation) the Plebble services, have been designed by and are the exclusive property of Plebble.  They are therefore protected by copyright, design rights, trademarks and other laws.

Subject to the terms set out in this Agreement, Plebble hereby:

1. authorises you to view, contribute to, use, link to, reproduce or otherwise refer to the Plebble services and/or this website (“Your Authorisation”); and
   
2. grants you a world-wide, non-exclusive, revocable, royalty-free right and licence to use its “Plebble” and “plebble-rating” trademarks in order to link to, reproduce or otherwise refer to the Plebble services and/or this website (“Your Trademark Licence”).

Prohibited Uses

You agree that you shall not either directly or indirectly, without Plebble's express prior written consent:

1. submit any rating/comment to Plebble on behalf of your employer/ex-employer or own business/organisation or otherwise for your own direct or indirect financial or political gain;
2. sell or re-sell any of the Plebble services or offer them for sale without Plebble's express consent;
3. allow or cause others to access or contribute to this website or otherwise use the Plebble services and/or this website using your email, Symbol ID or password;
4. submit ratings/comments or new listings by automated means, fraudulently, containing false details or otherwise dishonestly or deceptively;
5. submit on this website any untrue or inaccurate information about yourself;
6. copy, modify, adapt, translate or reverse engineer any part of this website and the Plebble services;
7. access, retrieve, index or use any portion of this website and the Plebble services for the purposes of constructing, populating or cross-checking any databases, directories, customer lists, mailing lists other than for your personal, non-commercial purposes;
8. access, retrieve or use any portion of this website and the Plebble services by automated means other than in order to index this website's contents for use by a search engine;
9. take any steps to interfere with, interrupt, damage, hinder, modify or gain unauthorised access to this website and/or the Plebble services and/or otherwise interfere with, restrict or inhibit any other user from using or enjoying the use of this website; or
10. use this website and/or the Plebble services for any purpose that intentionally or unintentionally contravenes any applicable laws in this jurisdiction or those of any other jurisdiction from which this website and/or the Plebble services are or may be accessible.

Your Content

You agree that you are solely responsible for any posts, content, information, links to other websites (“external links”) and any other material that you submit, publish, display, insert, transmit, upload, distribute or disseminate or offer to do the same (“publish”) on this website (“Your Content").

Your Content will be bona fide, honest, decent, true and accurate to the best of your knowledge and belief. 

You irrevocably and unconditionally warrant and represent that you are the sole unencumbered author, owner or holder of an appropriate, valid and sufficient licence of all right, title and interest (including the intellectual property rights) in Your Content or you otherwise have all the necessary and appropriate permissions and authorisations in relation to Your Content.

Your Content should not (and you irrevocably and unconditionally warrant and represent that it does not):

1. infringe, misappropriate or violate the intellectual property, confidentiality, privacy, proprietary or other rights of any party or, in any way, contravene any fiduciary duties that you may owe;
2. constitute, promote or encourage illegal activity;
3. constitute an advertisement under the Financial Services Act 1986;
4. be defamatory, libellous, invasive of another's privacy, untrue, tortious, misleading, offensive, racist, ethnically or religiously biased or offensive, discriminatory, malicious, infringing, obscene, indecent, pornographic, threatening, abusive or, in any way, unlawful;
5. harm or threaten to harm minors in any way;
6. disclose “personal data” about any third party unless expressly authorised to do so by the third party concerned;
7. contain viruses, corrupted files or any other similar software or programs that may disrupt or damage the operation of another's computer; and
8. advertise or offer to sell any goods or services for any commercial purpose, other than in areas of this website intended for such uses.

Any websites accessed via any external links published by you should not (and you irrevocably and unconditionally warrant and represent that they do not):

1. infringe, misappropriate or violate the intellectual property, confidentiality, privacy, proprietary or other rights of any party;
2. constitute, promote or encourage illegal activity;
3. constitute an advertisement under the Financial Services Act 1986;
4. be defamatory, libellous, invasive of another's privacy, untrue, tortious, misleading, offensive, racist, ethnically or religiously biased or offensive, discriminatory, malicious, infringing, obscene, indecent, pornographic, threatening, abusive or, in any way, unlawful;
5. harm or threaten to harm minors in any way;
6. disclose “personal data” about any third party unless expressly authorised to do so by the third party concerned; and
7. contain viruses, corrupted files, or any other similar software or programs that may disrupt or damage the operation of another's computer.

You hereby grant (and you warrant that you have the right to grant) Plebble and all lawful users of this website a nonexclusive, irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, modify, delete, adapt, publish, translate, reproduce, sell, publicly perform, digitally perform, publicly display and distribute Your Content or any part or parts of it either online or offline and to create derivative works of Your Content or any part or parts of it either online or offline or incorporate it into other works/content either online or offline.

You hereby waive (and you warrant that you have the right to waive) all moral rights that may exist in Your Content in favour of Plebble.

Disclaimers

This website aggregates and displays ratings, comments, posts, content, external links, information and any other material that is published on it by its users.  As such, Plebble is independent from, accepts no responsibility for, does not monitor and in no way endorses or supports any ratings and comments and any other posts, content, external links, information and any other material that is published on this website by its users. 

Plebble is providing this website and the Plebble services on an “as is” basis.  It makes no guarantees, representations or warranties as to the quality, accuracy, suitability, completeness, reliability, safety, legality, continuity or availability of the Plebble services and other information or content contained on this website or other websites accessed via external links and you shall not rely in any way on the quality, accuracy, suitability, completeness, reliability, safety, legality, continuity or availability of any such services, information or content.

Plebble has no responsibility or obligation to include Your Content in the Plebble services or otherwise use it or display it on this website and you shall have no rights or expectations in relation to the same.

You agree that you shall view, contribute to, use, link to, reproduce or otherwise refer to the Plebble services, this website and/or any websites accessed via external links entirely at your own risk and you shall (among other things) be solely responsible for any damage or loss to you or your property that may result.

Your Authorisation and Your Trademark Licence shall be void/automatically revoked from the outset where any law in any applicable jurisdiction prohibits you viewing, contributing to, using, linking to, reproducing or otherwise refering to the Plebble services and/or this website.

LIMITATION OF PLEBBLE'S LIABILITY: TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAWS, PLEBBLE HEREBY EXCLUDES LIABILITY FOR ANY CLAIM, LOSS, DEMAND OR DAMAGE OF ANY KIND WHATSOEVER IN CONNECTION WITH OR RELATED TO THIS WEBSITE, THE PLEBBLE SERVICES AND/OR WEBSITES ACCESSED VIA EXTERNAL LINKS (WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, UNDER STATUTE OR OTHERWISE) INCLUDING (WITHOUT LIMITATION) ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, WHETHER ARISING FROM LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE, OR OTHERWISE AND WHETHER OR NOT THE POSSIBILITY OF SUCH LOSS HAS BEEN NOTIFIED TO OR IS APPARENT TO PLEBBLE.

Plebble's rights

You agree that Plebble may, whenever and for whatever period it chooses to, without any prior notice or warning, in its absolute discretion, for any reason whatsoever and without incurring any liability whatever or however arising to you or any other third party:

1. edit, amalgamate, delete or take any other action in relation to any posts, content, information and any other material on this website, including (without limitation) Your Content, in particular (but without limitation) if any person, business, other organisation or regulatory or government body requests that we do so;
2. revoke part or all of Your Authorisation and Your Trademark Licence and otherwise bar or limit access by you (or any other user) to some or all of the Plebble services or this website;
3. to add to, reduce or modify any of the Plebble services or other aspect of this website or cease operating this website or any or all of the Plebble services;
4. change any or all of the terms set out in this Agreement or add new terms to such Agreement, which changes/new terms, on being posted on this website, you agree shall come into immediate force and effect and modify/add to any previous versions of this Agreement between Plebble and you.
5. For the avoidance of doubt, if you do anything in contravention of this Agreement, Plebble has the right immediately to remove any part or all of Your Content from this website.

Indemnity

You agree to indemnify and hold Plebble, its parents, subsidiaries, affiliates, officers and employees harmless against any liabilities, losses, expenses, legal costs, professional and other expenses of any nature whatsoever due to or arising out of:

1. you viewing, contributing to, using, linking to, reproducing or otherwise refering to this website and the Plebble services;
2. any breach by you of the terms of this Agreement;
3. any part or all of Your Content being published on this website;
4. the infringement by you, or any third party using your account (whether authorised or not), of any intellectual property or other rights of any person or entity.

Privacy and use of your information

You agree that Plebble may collect, store and use information about you in accordance with our Privacy Policy, the current version of which is available on this website.  You acknowledge and agree to be bound by the terms of our Privacy Policy.  (Click here to view our Privacy Policy.)

General

Entire Agreement

This Agreement and our Privacy Policy contains the entire agreement and understanding between you and Plebble and supersedes any prior oral or written agreements, understandings or arrangements relating to the subject matter of this Agreement and our Privacy Policy.  Neither party shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in this Agreement save for any representation made fraudulently.

Notices

Any notices to be sent to Plebble under the terms of this Agreement or otherwise (including, without limitation, any requests for any posts, content, information, external links or any other materials on this website to be amended, partially or wholly restricted or removed (“Moderation Notices”) should be sent either:

1. By Post: to Plebble's current registered office, marked for the attention of “The Legal Department, Plebble Loyalty Limited”; or
2. By Email: to moc.elbbelp#lagel.

Disputes concerning ratings and comments on Plebble are governed by Plebble's Dispute Policy.  (Click here to view our Dispute Policy.)

Plebble shall be entitled not to take any action in respect of any notices until all necessary information has been provided to it (in its absolute discretion).

Severability

If any provision of this Agreement is held to be invalid or void or declared illegal, invalid or unenforceable for any reason whatsoever and that provision shall be divisible from this Agreement without materially altering the substance of this Agreement, it shall be deemed to be deleted from this Agreement and the validity of the remaining provisions shall not be affected or impaired in any way.

Waiver

No failure or delay on the part of Plebble in exercising any right, power or privilege under this Agreement shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.

Third Party Rights

The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than the parties to this Agreement shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties to it

Jurisdiction & Governing Law

This Agreement, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its formation, shall be governed by and construed in accordance with the laws of England.

The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England for the purpose of hearing and determining any suit, action or proceedings and/or settling any disputes arising out of or in connection with this Agreement and for the purpose of enforcement of any judgment against their respective assets.

B. Additional Terms & Conditions for Members

These Additional Terms & Conditions set out the terms of the agreement between Plebble and you under which you may view, contribute to, use, link to, reproduce or otherwise refer to the Plebble services which are premium services for which you choose to subscribe from time to time (the “Premium Services”).

The Additional Terms & Conditions are in addition to the Terms & Conditions for All Users by which you are also bound as a User of this website. (Click here to view these.) Where there is a conflict between these Additional Terms & Conditions and the Terms & Conditions for All Users, these Additional Terms & Conditions shall prevail. 

The Terms & Conditions for All Users and the Additional Terms & Conditions together are defined as the “Membership Agreement”.  Any defined terms that are defined in the Terms & Conditions for All Users shall have the same meanings herein.

By subscribing for any or all of the Premium Services, you expressly, irrevocably and unconditionally agree to be bound by the terms of this membership Agreement, as set out herein. 

Membership and Payment Terms

If you wish to subscribe for any Premium Service(s), you should place an order (your “Order”) for such Premium Service(s) using the relevant form on this website.  If your Order is successful, you will be given access to the relevant Premium Services via a password-protected Member Account Page.  You may upgrade or subscribe for additional Premium Services by placing further Orders using the relevant form(s) on this website (including in your Member Account Page).

In respect of each Order, you hereby agree to pay to Plebble the amount displayed on this website at the time of such Order as the fee for that Order (plus VAT and/or any other applicable tax) (the “Membership Fee” or, together with membership Fees for other Orders, the “Membership Fees”) within the timeframe specified on this website at the time of such Order.

Unless otherwise provided by law, any membership Fee(s) that you have paid to Plebble is/are non-refundable.

Plebble reserves the right at any time to increase any membership Fees that it charges you, subject to 14 days' prior written notice to you of such increase PROVIDED THAT any such increase shall not operate in respect of any membership Fees that you have already paid to Plebble.

You shall pay all amounts due to Plebble in full without any deduction or withholding and shall not assert any credit or set-off or counterclaim against Plebble in order to justify the withholding of the whole or any part of any such amount.

If any membership Fees become overdue for payment, Plebble may claim interest on them (both before and after judgement) at a daily rate of 3% above the base rate of the Bank of England until all outstanding membership Fees have been received in cleared funds.

Term of this Membership Agreement

This Membership Agreement shall commence on the date on which you place your first Order by credit card.

Either party may terminate this Membership Agreement and/or cancel or downgrade any Premium Services that you have subscribed for:

in your case: immediately on notice being received by Plebble via the relevant form(s) in your Member Account Area; and

in Plebble's case: immediately on notice being sent to you in writing by email or post.

In the event of termination or expiry of this membership Agreement, unless Plebble chooses to do so in its absolute discretion, none of Your Content will be returned to you or removed from this website and/or the Plebble Services.

Termination or expiry of this membership Agreement shall:

1. be without prejudice to any other rights or remedies to which Plebble may be entitled under this membership Agreement or at law;
2. not affect any accrued rights or liabilities that Plebble may have; and
3. not affect the coming into or continuance in force of any provision of this membership Agreement which is expressly or by implication intended to come into or continue in force after such termination.

For the avoidance of doubt, if, following termination or expiry, you continue to use this website and/or the Plebble services but not any Premium Services, you shall remain bound by the Terms & Conditions for All Users.  (Click here to view these.)

Further Permitted and Prohibited Uses

You hereby irrevocably and unconditionally agree that:

1. you are solely responsible for any listing(s) on Plebble for which you subscribe (whether as Main listing(s) or Branch/Department(s)) (“Your Listings”) and you will administer such listings accurately, professionally, promptly, honestly and in good faith;
2. you will not authorise or otherwise directly or indirectly permit or allow any third party to access and/or use any Premium Services through your account without Plebble's prior written consent;
3. you will not subscribe for any listings that are not in your name or that of your employer, your business or organisation or any associated companies, people of entities;
4. at the time that you place any Order, you will be properly authorised to place such Order and to subscribe for and administer for any listings included in that Order; and
5. you will not create or transmit unwanted electronic communications such as "spam" to other users of this website and/or the Plebble services (including, without limitation, to the email addresses of users who have requested that Plebble pass their email addresses to you) or otherwise interfere with, restrict or inhibit any other user's enjoyment of this website and/or the Plebble services.

For the avoidance of doubt, Your Listings are included in the definition of “Your Content” for the purposes of this membership Agreement.

Assignment

You shall not assign, transfer, sub-contract or in any other manner make over to any third party your rights or obligations under this membership Agreement without Plebble's prior written consent.  Plebble may, without restriction, assign, transfer, sub-contract or in any other manner make over to any third party its rights and obligations under this membership Agreement.