Respond

This is a legal agreement ("Agreement") between Azullo Ltd ("Respond"), a company incorporated in England and Wales with the registered number 6941990, whose registered office is The Storey, Meeting House Lane, Lancaster, LA1 1TH, United Kingdom, and you ("Customer").

Use of Respond Services requires acceptance of this Agreement and the Privacy Policy in full.

If you do not accept any aspect of this Agreement please do not use Respond Services.

1. DEFINITIONS

1.1 The terms below have the following definitions within this Agreement:

Business - Any organisation that supplies products or services to the Customer, or that acts as an agent for that organisation.

Customer - A user of the Publisher's website(s) that provides information to, interacts with, or is referred to a Business via the Service.

Respond Product - A product (within the Service) that places an interactive object (e.g. a button and form) on a Publisher's website.

Respond Code - Software code that when added to a website enables the Software and the Service on the Publisher's website(s) to function.

Service - The provision of: (i) the Software; (ii) access to the technological and commercial relationships between Publishers and Businesses; (iii) the Respond Product.

Software - Software that facilitates the automated and online referral of a Customer to a Business by the Publisher, and that records the referral.

2. USE OF THE SERVICE

2.1 The information provided to Customers by Respond is not recommendation or invitation to purchase or use any specific product or service from any Business, representative or advisor.

2.2 Respond makes no representations or warranties about the suitability or accuracy of the information provided as part of the Service to Customers. To the extent allowed by law we disclaim all warranties and conditions with regard to this information including any implied warranties and conditions of satisfactory quality, fitness for a particular purpose and title.

2.3 Respond will endeavour to allow uninterrupted access to the Service, but access to the Service may be unavailable, suspended, restricted or terminated at any time.

2.4 Respond reserve the right to change, modify, substitute or remove without notice any aspect of the Service at any time.

2.5 In submitting data to Respond Customers grant Respond an exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in the accordance with the terms of our Privacy Policy.

3. LIABILITY

3.1 Respond is not a provider of legal, financial or other advice to you and we make no claims regarding the nature or suitability of any particular financial arrangement. We offer no recommendations or endorsements of any specific financial product or service offered by any particular financial advisers.

3.2 We accept no liability for the service or information provided by any Business. The Business supplies their own service according to their own standard terms and conditions, which the Customer should check and agree to before using a Businesses' service. Any issues or disputes that subsequently occur are between the Customer and the relevant Business.

4. INTELLECTUAL PROPERTY

4.1 All intellectual property rights relating to the development, creation and use of the Service and Software reside exclusively with Respond, including any subsequent developments or enhancements to such intellectual property rights.

4.2 The Customer agrees that this Agreement does not transfer or grant any right, title or interest in Respond's intellectual property rights in the Service or Software to the Customer.

5. COMMUNICATIONS

5.1 Any communications between the Customer and Respond regarding this Agreement should be made in writing by email or registered post.

5.2 The Customer accepts that Respond may use the Customer's contact details to provide it with information about the Respond Service.

6. CHANGES

Respond may make changes to this Agreement from time to time at its sole discretion. Please check this Agreement regularly as any changes are effective immediately upon being published on the Respond website. Continued use of the Services constitutes the Customer's acceptance of changes to this Agreement.

7. INDEMNITY

The Customer will indemnify and keep Respond indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or indirectly as a result of the Customer's use of the Service or the Software or any breach or non-performance of any of the representations, warranties or other terms contained in this Agreement or implied by law.

8. PRIVACY

8.1 Respond collects and stores Personally Identifiable Information pertaining to Customers, including but not exclusively their name, address, phone number and email address.

8.2 Please note that we reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests and to operate our systems properly.

8.3 The parties agree that they will at all times comply with the provisions and obligations imposed by the Data Protection Act 1998 and any superseding or amending legislation and all other data protection legislation in any jurisdiction applicable to this Agreement.

8.4 The Customer acknowledges that Respond may collect non-personally identifiable Customer data via cookies or web beacons. This data shall be used to optimise performance of the Service and to provide comprehensive reporting as required. This data will not be used to identify a specific person by Respond. More information can be found in our Privacy Policy.

9. LIMITATION OF LIABILITY

9.1 Except as expressly and specifically provided in this Agreement, all warranties, conditions, representations and other terms of any kind, whether express or implied, are to the fullest extent permitted by law, excluded from this Agreement.

9.2 Respond makes no express or implied warranties or representations that the operation of the Service, Software or Product will be continuous, without error, or fit for purpose, and Respond will not be liable for the consequences of any interruptions, errors or other issues in the Service.

9.3 Nothing in this Agreement excludes the liability of either party responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.

10. FORCE MAJEURE

Neither party shall be liable for losses (including loss of data), damages, costs, claims and other liabilities which arise as a result of any delay or interruption in Services due to circumstances beyond the parties reasonable control (including, but not limited to, fire, lightning, explosion, war, disorder, flood, industrial dispute, sabotage, weather conditions or acts of local or central Government or other competent authorities).

11. AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes any prior drafts, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter shall not exclude liability for any fraud of a party.

Any person who is not a party to the terms of this Agreement will have no rights to rely upon or enforce any of this Agreement.

Nothing in this Agreement shall operate to create a partnership or joint venture of any kind between the parties or authorises either party to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

12. GENERAL

This Agreement shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to this Agreement.