Promo Fo's Terms of Service
The following definitions and rules of interpretation apply in these Terms.
a. Account: an individual account assigned to you when you sign up online for the provision of our Service.
b. Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
c. Commencement Date: has the meaning given in clause 2.2.
d. Content: means any and all information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents or other materials and information which you have downloaded on or through the Site. Content shall also include any e-mail, messages, e-cards, photographs, videos or any other information furnished by you and displayed on the Site.
f. Control: shall be as defined in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
g. Customer: the recipient of the Services provided by us.
h. Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
i. Order: your order for the supply of Services, upon creating an Account.
j. Services: the services, to be provided to you by us and as set out under these Terms.
k. Terms: these Terms of Service.
l. us: PFSUK LTD, any subsidiary or holding company from time to time of PFSUK LTD, and any subsidiary from time to time of a holding company of PFSUK LTD.
m. you: the recipient of our Services
(a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes fax and email.
2. Basis of Contract
2.1 The Order constitutes an offer by you to purchase the Services in accordance with these Terms.
2.2 The Order shall be deemed to be accepted on us issuing you with an Account at which point and on which date the Contract shall come into existence (Commencement Date).
2.3 These Terms apply to the Contract to the exclusion of any other terms that we seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. Supply of Services
3.1 We shall from the Commencement Date and (subject to the right to terminate in accordance with clause 10 below) for the duration of the Contract provide the Services to you in accordance with the terms of the Contract.
3.2 In providing the Services, we shall:
(a) co-operate with you in all matters relating to the Services;
(b) perform the Services with the best care, skill and diligence; and
(c) comply with all applicable laws, regulations, regulatory policies, guidelines or industry codes which may apply from time to time to the provision of the Services.
3.3 We will not be held accountable for any misinformation you or any other use provides. Whilst some measures are in place to prevent such misinformation being shared, any information displayed on any users profile is the sole ownership of the author that submitted such information shared.?
4. Your obligations
4.1 You must:
(a) be 18 years or older to use the Service;
(b) you must be eligible to work in the United Kingdom and any agency hiring an individual is obliged to check whether that individual is eligible to work in the United Kingdom;
(c) provide your full name, a valid email address, and any other information requested in order to complete the signup process;
(c) ensure at all times that your distinct email and password (“login”) may only be used by one person;
(d) be responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password
(e) be responsible for all activity and Content that is uploaded under your Account.
(f) not upload, post, host, or transmit unsolicited email, SMS, Instant Messenger, Twitter or “spam” messages;
(g) not transmit any worms or viruses or any code of a destructive nature:
(h) not use the Service for any illegal or unauthorised purposes; and
(i) not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by us.
4.2 We will not be held liable for any failure of your obligations given under this clause 4.
4.3 A breach or violation of any of these Terms as determined in our sole discretion will result in an immediate termination of the Services
4.4 You must read, agree with and accept all of the terms and conditions contained in these Terms before you hold an Account or utilise the Service.
4.5 Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
4.6 You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4.7 You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
4.8 You retain ownership over all Content that you submit to your Account. Nonetheless, you hereby grant to us an irrevocable, worldwide royalty-free license to use the Content for (but not limited to) marketing, analytics and any third party sponsorships.
4.9 You expressly understand and agree that in no event shall we, our affiliates, officers, directors and employees be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) or any other matter directly or indirectly relating to the Service.
5. Our rights
5.1 We reserve the right to modify or terminate the Service for any reason, without notice at any time.
5.2 We reserve the right to refuse the Service to anyone for any reason at any time. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.
5.3 We do not warrant that any results that may be obtained from the use of the Service will be accurate or reliable.
5.4 We have the unqualified right to remove or suspend an Account following reports from other Account users.
5.5 Technical support is provided to paying account holders solely and is only available via the in app support widget. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion as being unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms or any other of our terms. We do not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms govern your use of the Service.
5.6 We reserve the right to assign our obligations or any part thereof without restrictions.
5.7 We reserve the right to allow third party marketers to use us as a medium to communicate promotions (which may be in the form of special offers, incentives or events) to all users based on the data we collect with reference to your interests and preferences. In such instances, we will act as the communicator to share promotions with you and only with your permission will we allow any third party outside of sharing work opportunity purposes, will they contact you directly.
6. Modifications to the Service and prices
6.1 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
6.2 Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Site promofos.com or the Service itself.
6.3 We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
7. Payment of fees and refunds
7.1 The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of Service or refunds for months unused with an open Account.
7.2 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
7.3 Cancelling your Service will result in the immediate and irrevocable deletion of your Content.
7.4 Should any platform issue result in us being unable to process any payment you rightfully owe in order to use the premium Service you registered to use (if any), we hold the right to invoice you for the entire payment to cover the cost of the time spent using premium features with 30 days’ notice. For the avoidance of doubt, failure to comply may result in termination of your Account.
8. Cancellation and Termination
8.1 Verbal, physical, written or other abuse (including threats of abuse) of any customer, employee, member, or officer of ours will result in the immediate termination of your Account.
8.2 You acknowledge and agree to be solely responsible for properly cancelling your Account. You can cancel your Account at any time.
8.3 Your cancellation will take effect immediately and you will not be charged again. However, no refunds will be issued for any previous charges, in whole or in part.
8.4 All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
8.5 We reserve the right to modify or terminate the Service for any reason, without notice at any time.
9. Liability and Indemnity
9.1 We do not accept responsibility or liability for any loss of earnings as a result of sourcing work, offers, staff and anything else (including but not limited to accepting positions that are dishonest or precarious) as part of the Service we provide. Where possible, we will mediate to help resolve any transgressions reported to us but under no circumstances do we guarantee the success of any expected outcome.
9.2 You agree to hold us harmless against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by you arising out of or in connection with:
(a) any claim brought against you for actual or alleged infringement of a third party's intellectual property rights arising out of, or in connection with, the receipt, use or supply of the Services; and
(b) any claim made against you by a third party arising out of, or in connection with, the supply of the Services.
9.3 Subject to any liabilities which cannot legally be limited, our total liability to you shall not exceed the total fees you paid to open an Account.
9.4 This clause 9 shall survive termination or expiry of the Contract.
10.1 Without limiting or affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of the Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of five days after being notified to do so;
(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business; or
(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
11. Consequences of termination
11.1 Termination of the Contract shall not affect any of the rights, remedies, obligations or liabilities of we have accrued up to the date of termination.
11.2 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
12. Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
12.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact firstname.lastname@example.org
A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent
necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
13.3 Contacting us.
When contacting the administrator of our platform, you must use mediums such as email, contact numbers and the official Facebook page
(http://www.facebook.com/promofos) displayed on our platform. Whilst our administrator will endeavour to respond to any queries made to their personal Facebook account, we cannot guarantee acknowledgment of receiving any communication outside of the mediums outlined above and therefore hold no accountability for transgressions caused as a result thereof.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case).
(b) A notice or other communication shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting.
(c) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
13.5 Third party rights.
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
13.6 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
13.7 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.