3. DESCRIPTION OF SERVICES
We provide you with a number of online resources, including but not limited to search functionalities using key words or product categories, content, shopping merchant and product reviews, buyer’s guides and other communication tools (the “Services”) to allow you to find and compare listed products offered on the websites of a number of third parties (the “Merchants”).
The results of user searches are not exhaustive in respect of all offerings available on the Internet, and are derived from data compiled by us from the Merchants listed by it. The default order of presentation of offerings provided may depend on several factors, according to the type of search carried out:
Buying from Merchants
We are neither acting as agent for such Merchants nor selling, reselling nor licensing listed products. We will not be party to any transaction or contract with any Merchant that you may enter into for the purchase of listed products and we have no liability in respect of listed products. You agree that you will contact the Merchant or seller of the products directly in relation to questions, complaints or disputes you have in respect of any products and you will not involve us in any dispute between you and any third party.
We may also introduce you to certain partners and the services they offer, notably in the form of integrated services (e.g. classified advertisements. We may also display promotional links on the website; these are also known as sponsored links, advertising messages or promotional offers, which you may find yourself prompted to view while using the Website.
4. USE OF THE WEBSITE BY UNDER 18s
The Website and Services are not intended to be accessed or used by anyone under the age of 18. By accessing the Website and/or using the Serviced, you represent and warrant that you are at least 18 years old. It you are not at least 18 years old, you may not access the Website or use the Services. We have the right to block or terminate your access to the Website or Services in the event that it becomes aware that you are under the age of 18.
5. CONTENT POSTED BY YOU
You acknowledge that you are responsible for all information, data, text, software, photographs, graphics, video, messages and other materials (“User Generate Content”), whether publicly posted or privately transmitted, which you upload, post, email or otherwise transmit via the Website and/or Services.
With respect to all User Content you elect to post on the Website, you grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
6. RESPONSIBILITY FOR CONTENT
We provide product descriptions, pricing information, commentary, user reviews and other content (“Website Content”) in relation to products listed on the Website. Our inclusion of Website Content is for informational purposes only and does not imply any endorsement of any products, Merchants or other services offered by such Merchants. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the Website Content will be free from errors or omissions and we accept no liability for any inaccuracies or mistakes in any Website Content.
We check netbook prices every few hours, but the merchant may change their prices in the meantime. We cannot guarantee that the prices (including delivery prices) on our website are always acurate.
We try to ensure that we only display netbooks on our website that are in stock. However, we cannot guarantee that all netbooks displayed on our website are in stock and available to buy.
7. ACCESS TO WEBSITE AND SERVICES
Whilst we will try to ensure that the Website will be available uninterrupted and in a fully operating condition, we cannot guarantee this. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
We will make every effort to provide you with the latest and most accurate information and data possible, notably as regards price, regarding the goods and services on the Website. However, as this information and data is transmitted to us either by the Merchants listed on the Website under the terms of a listing agreement, or via professional databases, we are unable to guarantee that it is fully accurate and exhaustive.
In the event of any differences between the information and the data appearing on our Website and that appearing on the Merchant’s website, the latter shall prevail.
8. CHANGES TO THE WEBSITE AND SERVICES
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) or to launch new services, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services.
We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and you agree that you will not involve us in any dispute between you and any third party.
10. COPYRIGHT/COPYRIGHT LICENCE
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights including, without limitation, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in the Website and its contents.
You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
You agree to compensate us and our subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, from any claim or damages (including any legal fees in relation to such claim or damages), made by any third party in respect of any matter in relation to or arising from your use of the Website including any breach or suspected breach of these Terms or your violation of any law or the rights of any third party.
12. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
14. COPYRIGHTS AND COPYRIGHT AGENTS
If you believe that any of your intellectual property rights have been infringed by any User Content or Website Content, please send notice of such alleged infringement to firstname.lastname@example.org.
15. GENERAL INFORMATION