Promo Fo's User Agreement

1. Agreed Terms

1.1 Promofos.com is a site (the “Site”) operated by PFSUK LTD ("we", “our” or “us”). We are registered in England and Wales under company number 08890396 and have our registered office at 160 Kemp House, City Road, London, EC1V 2NX.

1.2 We are a limited company.

1.3 To contact us, please email stephen@promofos.com.

1.4 There are other terms that will apply to you

This User Agreement refers to the following additional terms, which also apply to your use of our Site:

1.5.1 Terms of Service , which sets out the terms relating to the Service we provide; and

1.5.2 Privacy Policy , which sets out your rights to privacy and our commitment to protecting your personal data; and

1.5.3 Cookie Policy , which sets out information about the cookies on our Site.

2. Contract Formation

2.1 By using our Site, uploading content, making contact with other users on our Site, linking to our Site, or interacting with our Site in any other way or directly or indirectly using any of our Services, you are agreeing to be bound by these terms and conditions and those provided for under clause 1.5 above.

3. Changes to our User Agreement

3.1 PFSUK LTD reserves the right to update and change this User Agreement from time to time without notice and at its sole discretion.

3.2 Any new features or tools which are added to the existing Service shall be also subject to the Terms of Service. Any continued use of the Service after such changes shall constitute your consent thereto.

3.3 PFSUK LTD reserves the right to update and change the Terms of Service by posting updates and changes to the Service website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

4. Violation

4.1 Violation of any of this User Agreement will result in the termination of your Account (as defined in the Terms of Service). You agree to use the Service at your own risk.

5. User-generated Content and Content standards

5.1 This Site may include information and materials uploaded by other users of the Site, including but not limited to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

5.2 You are wholly responsible for the Content you post, and will indemnify us and hold us harmless against our use of your Content in accordance with the terms of this User Agreement. For the avoidance of doubt, your Content must not:
(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading; or

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.

5.3 If you wish to complain about information and materials uploaded by other users please contact us on stephen@promofos.com.

6. Our responsibility for loss or damage suffered by you

6.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

6.2 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Services to you, which will be set out in our Terms of Service.

6.3 We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any Content (as defined in the Terms of Service) on it.

6.4 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use, our Site; or
(b) use of or reliance on any Content displayed on our Site.

6.4.1 In particular, we will not be liable for:

(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.

7. How we may use your personal information

7.1 We will only use your personal information as set out in our Privacy Policy.

8. Uploading Content to our Site

8.1 Whenever you make use of a feature that allows you to upload Content to our Site, or to make contact with other users of our Site, you must comply with the Content standards set out in this User Agreement.

8.2 You warrant that any such contribution does comply with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

8.3 Any Content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other users of our Site a limited licence to use, store and copy that Content and to distribute and make it available to third parties free of charge.

8.4 We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

8.5 We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the Content standards set out in this User Agreement

8.6 You are solely responsible for securing and backing up your Content.

8.7 You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

9. Rights you are giving us to use Content you upload

9.1 When you upload or post Content to our Site, you grant us a non-exclusive worldwide royalty free license to use that Content (with a right to sublicense) to use such Content for any purpose. We are not responsible for viruses and you must not introduce them.

10. Warranties

10.1 We do not warrant that our Site will be secure or free from bugs or viruses.

10.2 We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.

10.3 We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

10.4 You warrant to us that you must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

11. Rules about linking to our Site

11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

11.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

11.3 You must not establish a link to our Site in any website that is not owned by you.

11.4 Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

11.5 We reserve the right to withdraw linking permission without notice.

11.6 The website in which you are linking must comply in all respects with the Content standards set out in this User Agreement.

11.7 If you wish to link to or make any use of content on our Site other than that set out above, please contact stephen@promofos.com.

12. General Conditions

12.1 You understand that it is a condition for you to agree with and accept all of the terms and conditions contained in this User Agreement before you may use our Service.

12.2 We reserve the right to modify or terminate the Service for any reason, without notice at any time.

12.3 We reserve the right to refuse our Service to anyone for any reason at any time.

12.4 Your use of our 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.

12.5 You are responsible for the content you post. You may not impersonate any other person through the Site. You must not post Content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post Content that infringes the intellectual property rights of any other person or entity. You agree to indemnify us against any damages to other users caused by Content you post on our Site.

12.6 Technical support is only provided to paying account holders and is only available via the in-app support widget.

12.7 You understand that PFSUK LTD uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

12.8 We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this User Agreement.

12.9 All booking and fees are managed by our administrative team. All bookings made must be paid in full for our Services irrespective of whether you have been granted the appropriate authorisation by your own establishment.

12.10 PFSUK LTD PFSUK LTD reserves the right to assign this User Agreement or any part thereof without restrictions.

12.11 Questions about this User agreement should be sent to stephen@promofos.com

13. Waiver. If we do not insist that you perform any of your obligations under this User Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

14. Severance. Each clause provided under this User Agreement operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15. Third party rights. This User Agreement is between you and us. No other person has any rights to enforce any of its terms.

16. Governing law and jurisdiction. This User Agreement is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this User Agreement to the exclusive jurisdiction of the English courts.