Terms and Conditions
Feedmanager.co.uk is owned, operated and made available by Gillissa Limited ("Gillissa").
1. Application of these conditions of use
By accessing or using any part of feedmanager.co.uk you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use feedmanager.co.uk.
We may change these conditions at any time without any notice to you. By your continued access and use of feedmanager.co.uk you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.
2. Copyright and database right
Except where otherwise noted, Gillissa owns legally and beneficially all the intellectual property rights in the content of all the feedmanager.co.uk web pages (including the design, text, graphics and arrangement thereof) and in the software used therein. Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed as feedmanager.co.uk search results which are extracted from a compilation owned by Gillissa Limited. © Gillissa Limited. 2006.
3. Trademarks
"feedmanager.co.uk" and "Gillissa" are service marks of Gillissa. All other trademarks, product names and company names or logos cited anywhere on feedmanager.co.uk are the property of their respective owners.
4. Permitted uses
Save as provided below, no materials from feedmanager.co.uk may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way.
Gillissa takes active measures to ensure that no unauthorised use or breach of its intellectual property rights is committed.
Subject to applicable third party content providers' licences, you are allowed to access the feedmanager.co.uk database, to make a copy of the results of any searches made in that database, and to use those results PROVIDED that none of such access, copying and use falls into, is preparatory to or enables any of the categories of prohibited conduct referred to below, and provided that none of such access, copying and use is for the purpose of and in the course of any business. For the avoidance of doubt, and without prejudice to the below mentioned prohibited conduct, such access, copying and use is permitted even for a business if such conduct is merely incidental to the business.
For the avoidance of doubt and without limitation, you are expressly prohibited from:
- modifying the data or other material from feedmanager.co.uk ("the Data") or merging the Data with any other data
- selling or trading in materials copied from the Data
- using or redistributing the Data for the purposes of compiling databases, lists or directories, other than as and to the extent necessary to use the Data for a use not prohibited by this paragraph 4
- providing commercial information, redistributing or reproduction of the same by the press or media or through any commercial network, cable or satellite system
- issuing questionnaires, reply cards or similar for the purpose of data capture or verification
- permitting or allowing the Data to infringe or otherwise prejudice our proprietary rights
-
using the Data:
- For any unlawful purpose or purpose that is likely to bring any part of Gillissa into disrepute or to cause any part of Gillissa embarrassment;
- To send any message or communication which is offensive, abusive, indecent, obscene or menacing;
- In any way that would be reasonably expected to cause annoyance, inconvenience or needless anxiety;
- As source targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of another party.
5. No licence
Except as expressly provided, nothing contained in these conditions or anywhere on feedmanager.co.uk shall be construed as conferring any licence under any of Gillissa's or any third party's intellectual property rights.
6. Advertiser’s membership terms
6.1 Exclusions
Membership of feedmanager.co.uk is open to all businesses within the UK ( England, Scotland and Wales), The Channel Islands and the Isle of Man, with the exception of businesses wishing to promote the following goods or services which are not permitted:
Aids to Pass Drug Tests: eg the promotion of products such as drug cleansing shakes and urine test additives.
Alcohol products
Bulk Marketing products; eg the stated or implied use of the following products is unsolicited spam:
Email lists that are not opt-in
- Bulk email software
- Bulk messaging
Cable Descramblers and Black Box products; eg that descramble cable and satellite signals in order to get free subscription and cable services.
Cell Phone Jammers; Gillissa will not advertise companies products that enable illegal access of or tampering with software, servers, websites, cell phones or other communications or content delivery systems or devices.
Counterfeit Designer Goods; advertising is not permitted for products that are replicas, or imitations, of designer goods.
Diallers; we do not permit advertising that is associated with diallers in any way.
Drugs and Drug Paraphernalia; advertising is not permitted for the promotion of drugs and drug paraphernalia. This includes drug accessories, illegal drugs, and herbal drugs such as salvia and magic mushrooms.
Fake Documents; advertising is not permitted for the promotion of fake IDs, passports, diplomas, and noble titles.
Fireworks/Pyrotechnic Devices; advertising is not permitted for the promotion of fireworks and pyrotechnic devices.
Gambling; advertising is not permitted for online casinos, sports books, bingo, and affiliates with the primary purpose of driving traffic to online gambling sites.
Hacking and Cracking Sites; advertising is not permitted for the promotion of hacking or cracking. For example, sites must not provide instructions or equipment to illegally access or tamper with software, servers, or websites.
Miracle Cures; advertising is not permitted for the promotion of miracle cures, such as 'Cure cancer overnight!'
Modification Chips; advertising is not permitted for the promotion of modification chips, such as devices that unlock copyright protection.
Prescription Drugs and Related Content
Prostitution
Sexual Content of any type
Solicitation of Funds; only government-registered charities may solicit funds.
Tobacco and Cigarettes; advertising is not permitted for the promotion of tobacco or tobacco-related products.
Traffic Devices; advertising is not permitted for the promotion of radar jammers, license plate covers, traffic signal changers, and related products.
Weapons of any type
6.2 Other Exclusions
Gillissa also reserves the right at its own discretion not to accept customers offering services which are unsuitable for Feed Manager™.
6.3 Your permissions
In accepting this contract you agree that Gillissa has your explicit permissions to set up the following Services on your behalf
- A store listing on each shopping channel that you specify, containing information about your business and your ecommerce website
- To construct and load an update of your products onto each of the channels that you specify
- To set agreed spend budget ceilings on each channel
- To include any promotional aspects on each channel that have been agreed as part of your contract with us
6.4 Payment conditions
Payment will be taken automatically by variable Direct Debit transfers from a valid UK bank account within 14 days of our invoice date. You will need to sign a Direct Debit mandate before advertising of your company will begin.
To protect both our customers and ourselves from fraud and/or unauthorised use of our Services, you will be supplied with an initial credit limit (which will be agreed with you at the time). A reasonable deposit may be required from new customers before a satisfactory trading history with us has been established. We may increase this limit at our discretion and without notice. In the event that for any reason we have not received payment for any invoice by the due date, service from us may be suspended without notice.
Payment failure will result in your products being suspended from your chosen channels until payment is made. Three or more payment failures in a 12 calendar month period will result in your agreement being terminated and you will no longer be able to use the Feed Manager™ service.
6.5 Ending this agreement
You may cancel your service with immediate effect and without penalty by notifying us in writing within 7 days of first receiving these terms and conditions, however you will still be liable for any costs you have incurred in using our service in the meantime. No refund of membership will be provided.
- You may end this agreement immediately by writing to us if:-
- we do not do what we have to do under this agreement and fail to put it right within 7 days of being asked in writing to do so;
- or all of the service is permanently no longer available to you;
- We may end this agreement immediately by writing to you if:-
- you do anything (or allow anything to be done) which we reasonably believe may damage or affect the operation of the web site or you become bankrupt or make any arrangement with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets; or
- you do not do what you have to do under this agreement (e.g. your failure to pay our charges) and do not put it right within 7 days of being asked by us in writing to do so; or
- we are no longer able to provide the Services to you on a permanent basis.
- The minimum contract term is one month. This is automatically renewed using existing terms on a 30 day rolling basis, unless cancelled by you in writing in the interim
7. Disclaimer of representations and warranties
Feedmanager.co.uk is provided by Gillissa on an "as is" and "as and when available" basis to users. You use feedmanager.co.uk at your own risk.
Gillissa and its associated content provider organisations make considerable efforts to make information made available via feedmanager.co.uk as accurate as possible but no warranty or fitness is implied.
Neither Gillissa nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:
- that feedmanager.co.uk will be uninterrupted or error-free;
- that feedmanager.co.uk or the computer server from which feedmanager.co.uk is made available, are free of viruses or other harmful components;
- to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through feedmanager.co.uk.
Gillissa makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:
- feedmanager.co.uk, its content, merchandise, services, documents, information, items or materials provided by Gillissa in connection with the use of feedmanager.co.uk; or
- any goods or services or information received through or advertised on feedmanager.co.uk or received through links provided on feedmanager.co.uk.
No oral advice or written information given by Gillissa or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.
In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.
8. Provision of advice
Gillissa is not an agent for and does not vouch for those persons, companies and other organisations whose goods or services may be displayed or referred to in feedmanager.co.uk, nor for the availability, suitability or prices of such goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organisations.
Gillissa advises users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organisations whose goods or services may be displayed or referred to in feedmanager.co.uk.
feedmanager.co.uk may make available certain information provided by third parties. Gillissa recommends that before you use any such information with respect to any issues or questions that you may have relating to medicine, law, accounting or any other profession you seek advice from a qualified professional.
feedmanager.co.uk may make available certain financial information provided by third parties, including information regarding industries, companies, stocks, investments and securities. Such investment information is for information purposes only and you should not construe it as investment advice or use it for trading or investing purposes. Financial investments bear varying degrees of risk. Gillissa strongly discourages you from making any investment decision based upon information that you cannot confirm and strongly recommends that you seek advice from a qualified financial advisor before you make any financial investment.
9. Limitation of liability
Neither Gillissa nor its associated content provider organisations seek to limit or exclude liability for death or personal injury arising from their negligence.
Under no circumstances will Gillissa or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of feedmanager.co.uk be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:
- the use and reliance on feedmanager.co.uk; or
- the inability to use feedmanager.co.uk; or
- mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to feedmanager.co.uk including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to Gillissa's records, programs or services; or
- merchandise, products or services received through or advertised on feedmanager.co.uk and merchandise, products or services received through or advertised on any links provided on feedmanager.co.uk; or
- information or advice received through or advertised on feedmanager.co.uk and information or advice received through or advertised on any links provided on feedmanager.co.uk; or
- any information, data, text, messages and other materials that you email, post, upload, reproduce, transmit or is otherwise distributed using feedmanager.co.uk.
Gillissa is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using Gillissa is done at your own risk and Gillissa shall not be responsible or liable for any damages or injury that may result from transmitting such information.
If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
10. Miscellaneous
These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and Gillissa with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
11. Jurisdiction and governing law
These conditions shall be governed by and construed in accordance with the laws of England. Gillissa controls feedmanager.co.uk from within the country of England. It can, however, be accessed from other places around the world. Although these places may have different laws from those of England, by accessing feedmanager.co.uk you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of feedmanager.co.uk. You and Gillissa also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of feedmanager.co.uk accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws.