These terms and conditions ("Agreement") applies to private individuals, businesses and organisations (each a "Customer") making use of the REVIEWS.io review service ("REVIEWS.io Review Collection Service"), including but not limited to Customers’ trial use of the REVIEWS.io Review Collection Service.
REVIEWS.io refers to the following companies in respect of activities in each of the following geographic locations: Feedback Group LLC in North America; REVIEWS.io PTY Limited in the Pacific Basin; REVIEWS.io 2020 GMBH in the European Union; and Liquid New Media Limited in the United Kingdom and elsewhere.
2.1 REGISTERED USER
To get access to, and make full use of, the services you must register as a user on the website. While registering, you must choose a password to use along with your email address when you log on to the website. The password is unique to your account and must not be shared or in any other way made available to others. We reserve the right to delete your account at any time without notice. As a registered user you have a non-assignable licence to view but not a licence to copy distribute or otherwise commercially exploit our content.
2.2 UNAUTHORISED ACCESS
For this reason, we do not allow direct competitors, including but not limited to Trustpilot, Yotpo, Feefo, Ekomi, Okendo or BazaarVoice, and/or their employees and/or agents access to our client dashboard. Access by or on behalf of competitors is therefore illegal and unauthorised. If we nevertheless find that access has been gained by a competitor or an employee or agent of a competitor we reserve the right to charge an access fee of $100,000 USD per calendar month for access. By signing up for a client account you are expressly agreeing to this term and that the access charge is reasonable in all the circumstances. To the extent that it is a liquidated damages sum you are agreeing as principal and on behalf of the relevant competitor that it is a genuine pre-estimate of loss and that it is therefore not void as a penalty.
2.3 CONTRIBUTIONS FROM REGISTERED USERS
You confirm that all material, information, reviews, comments and any other form of communication (hereafter all referred to under the term 'contributions') received from registered users via the website are to be regarded for all purposes as non-confidential, and will not entitle the reviewer to royalties or any form of compensation. You grant an exclusive royalty-free licence for the copyright term to REVIEWS.io to use, publish, edit display and exploit such content in all media for all purposes in all territories and waive such moral rights as you may have in connection with it.
Registered users are solely responsible for the content of the contributions they publish on the website. You agree that REVIEWS.io cannot be held responsible for any libellous comments or reviews that could be classed as defamatory . Those reviews are posted in real time without being censored or edited. REVIEWS.io is keen to ensure fairness and transparency and operates a timely reporting and review procedure to assist both those contributing and those reviewed in order to avoid libellous reviews.
The REVIEWS.io moderation system is described here and here and we also operate a procedure for allowing reviews to be revised if an issue complained about has been rectified to the satisfaction of the reviewer here
Registered users may not post contributions on the website which have:a) Sexist or racist characteristics or content, or which are condescending or likely to be offensive to certain people or groups;
• Sexist or racist characteristics or content, or which are condescending or likely to be offensive to certain people or groups;content which is plagiaristic;
• content the publication of which infringes the intellectual property rights of third parties;Unlawful purpose or content;
• Libellous content;
• Personal names or personal data including personal descriptions or contact details; and/or
• a clear sales motive ,are an attempt to sell services or products or are an attempt to redirect traffic to another website by including a link.
Contributors are in all cases responsible for the legality of the contribution. If a violation of 2.3. is found, the contribution will be deleted immediately. The offender may also be banned from writing future reviews or comments.
The registered users who are reviewer and reviewed in the case of any dispute agree to fully indemnify and hold harmless REVIEWS.io for any loss damage claims and/or expenses it may incur as a result of any claim made against REVIEWS.io as a consequence of any registered user’s violation or alleged violation of 2.3.
We reserve the right to delete contributions at any time and with no warning or explanation. If you email firstname.lastname@example.org we will do our best to provide a reason.We reserve the right to send a review request email on behalf of a Company/Website if requested to do so by a genuine customer.
2.4 THIRD PARTY PLATFORMS AND CONTENT
You may choose to use our services together with certain third-party platform(s), add-on(s), website(s), publisher(s) (including without limitation, Google), being services or products not provided by us which you choose to integrate or enable for use with our services (“Third-Party Platforms”). Use of Third-Party Platforms is subject to your agreement with the relevant provider. We do not control and can accept no liability for Third-Party Platforms, including their security, functionality, operation, availability or interoperability with our services or how the Third-Party Platforms or their providers use any and all data. If you enable a Third-Party Platform to integrate or otherwise operate in connection with our services, you authorise us to (i) access and exchange your content and data (including personally identifiable information) with the Third-Party Platform on your behalf and (ii) if required by the applicable Third-Party Platform, retain data for such time period and otherwise in accordance with the terms of the applicable Third-Party Platform, subject in each case to our Data Processing obligations.
4.1 CONTRACT LENGTH
You can cancel your subscription package with REVIEWS.io at any time subject to the following provisions by giving 30 days’ written notice of cancellation. We will continue to bill you for the ongoing service until we receive written confirmation and this can be done by sending an email to email@example.com. Billing on the account begins once the account is active.
REVIEWS.io & Reviews.co.uk reserve the right to continue to commercially exploit display reviews written on REVIEWS.io or Reviews.co.uk notwithstanding a client’s cancelled subscription.
4.2 CANCELLATION NOTICE
We calculate your membership – and we grant your access licence- in whole calendar months. This means that the following applies. Anywhere in these terms and conditions where we ask you to give notice of one calendar month or more, if you give notice during a month, we will treat it as if we received it on the first day of the following month and the notice period will run from that day. For example, if you need to give us one month’s notice to end your membership and we receive your notice on 23 May, your notice will start from 1 June, it will run out on 30 June, your membership will end on 30 June and you will pay one more direct debit (on 1 June) after giving notice. The only exception to this is if you give us notice at the beginning of a month. This means that if we receive notice from you up to and including the fourth day of a month, we will treat it as if we received it on the first day of that month and the notice period will run from that day. Anywhere in these terms and conditions where you can give notice to end your membership from the end of the month, when you give notice we will end your membership at the end of the month during which we receive your notice as long as you have met all other requirements associated with it. For example, if we receive your notice on 23 May (with any supporting evidence we have asked for), your membership will end on 31 May and you will not have to pay any more direct debits after 31 May. There are no exceptions to this rule. For example, if you give us notice on 1 June, your membership will end on 30 June and you will not have to pay any more direct debits after 30 June. If you want to give notice we will accept notice by email firstname.lastname@example.org. If you need to give us evidence of certain things, you can provide them as attachments to an email.
Your notice is not effective until we have received it. We will confirm we have received your notice within 10 days of receiving it. If you do not receive this confirmation within 10 days, you must immediately let us know so we can check whether we have received it.
Clients shall indemnify REVIEWS.io against any loss or damage suffered or incurred by REVIEWS.io as a result of any third party claim (including any claim or allegation by any governmental authority) that:
(a) the use of any content provided by Client infringes the intellectual property rights of a third party and/or violates applicable law or the Guidelines;
(b) REVIEWS.io use of Client data in accordance with this Agreement is in breach of the Data Protection Requirements or any other applicable laws related to data privacy; or
(c) any email message sent or caused to be sent by REVIEWS.io on behalf Client violates any applicable law, rule or regulation.
Client shall not bring any claim against REVIEWS.io arising from or related to any User Content, including without limitation, any claim that the User Content is defamatory, offensive or otherwise harmful. Client shall indemnify REVIEWS.io against any loss or damage suffered or incurred by REVIEWS.io as a result of any such claim, whether such claim is brought by the Client, any of Client's affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders, or other associated third parties.
6. LIMITATION OF LIABILITY
6.1 Neither party excludes any Loss in respect of personal injury or death, fraudulent misrepresentation or any other Loss that may not be lawfully excluded or limited under English law.
6.2 Neither party shall be liable for any loss of profits or revenues, loss of business opportunity, loss of goodwill or reputation, loss of data or any indirect, consequential loss or special damages.
6.3 You agree that without prejudice to the preceding provisions the aggregate liability of all of the corporate entities trading as REVIEWS.io their officers and employees shall not exceed the sum of £100 (one hundred pounds sterling) or the amount of your annual subscription whichever is greater.
6.4 Nothing in this clause 6 shall operate to limit liability for death or personal injury or for fraud.
7. SAFEGUARDING YOUR INFORMATION
To protect your information, our credit card processing vendor uses the latest 128-bit Secure Socket Layer (SSL) technology for secure transactions. Our vendor is certified as compliant with card association security initiatives, like the Visa Cardholder Information Security and Compliance (CISP), MasterCard (SDP).
REVIEWS.io accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your Distribution Lists is so sensitive, account passwords are encrypted, which means we can't see your passwords. We can't resend forgotten passwords either. We'll only reset them.
8. PERSONAL INFORMATION
In connection with the use of the services, we collect user data when users register with REVIEWS.io. This data is stored in the UK, USA, Germany & Australia and will not be passed to a 3rd party without prior consent. UK Data is only stored on our UK Servers.
To ensure that users get the best possible experience from using the website, we process information about search behaviour and other user behaviour on the website, including the total number of visits to the website. The information will, however, not be processed in a way that can trace the behaviour to specific users.
Cookies are used on the website to monitor what parts of the website the user's browser has previously visited and enables us to adjust the website's content accordingly. However, we do not process information, gathered by cookies in this manner, that can connect the user behaviour with specific users.
Our processing of personal data is carried out in compliance with laws relating to the collection and processing of personal data in the jurisdictions in which we operate. You warrant that you have read and agree to be bound by the terms of our Data Processing Agreement which can be found here. Registered users can contact us if they request information about what data that are processed about them or if they wish to have the information deleted or rectified. Furthermore, registered users can at any time withdraw their consent, by giving notice to email@example.com. Withdrawal of consent will be considered as a request to be deleted as a registered user.
We have initiated a number of technical and organisational arrangements to ensure that personal information that is being processed is not deleted, and does not disappear, deteriorate or become misappropriated by unauthorised parties.
The Agreement shall not be regarded as REVIEWS.io's approval, endorsement or recommendation of any Registered User’s products or services. No Registered User may market itself or make any public representations to the contrary.
Registered Users’ use of the REVIEWS.io Service must at all times comply with all applicable laws, rules and regulations. You warrant to REVIEWS.io that your use of the REVIEWS.io Service will in no way cause REVIEWS.io to violate any applicable laws, rules or regulations or to violate the rights of any third party.
When a Registered User signs up for an account, a password to the account is created. This password may only be used by and for that Registered User . You as Registered User agree that you are personally responsible for all contributions to the REVIEWS.io service occurring using your account ID.
You should be aware that when writing a review your name and/or email address will still be visible to the company being reviewed via the client dashboard even if you have elected to publish anonymously (if that company uses REVIEWS.io Business Services).
If you have verified your review by adding social media information this will also be visible in the client's dashboard. We may store & display publicly visible social media profile information including follower numbers and social media handles.
9. USER-GENERATED CONTENT
The rights (including all intellectual property rights) in any material, information, notifications, reviews, photos or other types of user-generated content (UGC) created on the Website by reviewers is licensed to REVIEWS.io for its non-exclusive use. The reviewer is not entitled to royalty payments or any other compensation or fee related to such content. We may freely use and transfer the material, information, notifications, reviews, photos or other types of communication to Clients of REVIEWS.io. Our non-exclusive access to freely use the user-generated content (UGC) created applies irrevocably without any time limitation and without territorial limitations.
9.2 Information about Subprocessors.
9.2 Information about Subprocessors, including their functions and locations, is available here (as may be updated by REVIEWS.io from time to time in accordance with this Addendum). à Subprocessors are not listed and therefore can not be effectively approved. Plus, there’s no effective information on potential new Subprocessors or how clients will be informed about new Subprocessors. Art. 28, Paragraph 2 GDPR says, that clients must be proactively informed (eg via E-mail) about new Subprocessors.
Third-party Processor details can be found here.
You agree that REVIEWS.io does not produce or publish contributions on the website and that REVIEWS.io cannot be held accountable for the reviews and comments made on the website. If you would like to remove a review or discuss an issue with the website, please email firstname.lastname@example.org.
You agree that REVIEWS.io has no responsibility for the accuracy or completeness of contributions published by registered users on the website.
REVIEWS.io does not read through or edit contribution added to the website of registered users, and can in no way be held responsible for the content of these contributions. Should the contributions contain links to third parties, REVIEWS.io will accept no responsibility for the contents of the website to which you are directed by the link in question.
REVIEWS.io recommendations and reference to bricks-and-mortar companies, e-shops etc. is guidance only and you agree that REVIEWS.io can in no way be held responsible if the recommendation turns out to be unsatisfactory.
REVIEWS.io makes no warranty or representation express or implied about website availability and/or business interruption and you agree that it can in no circumstances be held responsible for any technical failure, market interruptions or downtime in connection with any loss of revenue, loss of goodwill or similar losses.
REVIEWS.io reserves the right to update and revise these terms at any time, as well as the right to close the website for any reason without warning.
We expressly reserve the right to delete reviews which we suspect rightly or wrongly in our complete discretion are shill reviews or have been planted or solicited externally. Reviews solicited outside of the REVIEWS.io ecosystem may be flagged and moderated.
11. MARKETING & PROMOTIONAL ANNOUNCEMENTS
You agree that we may identify you as a customer on the Review.co.uk website unless you have expressly elected to remain anonymous when writing the review. Reviews written on the Website may be displayed on REVIEWS.io, Reviews.co.uk, Google, Bing or other social media platforms. The company on which the review is based may publish the review on their website while using REVIEWS.io services.
12. GOVERNING LAW AND DISPUTES
This agreement is governed by and shall be construed in accordance with the laws of England & Wales. If you reside outside the US you agree to the submit to the exclusive jurisdiction of the English courts. If you reside in the US or your business is located in the US you agree to arbitrate any claim, cause of action, or dispute between you and us that arises out of or relates to use of our services The arbitration will be governed by the AAA’s Commercial Arbitration Rules (“AAA Rules”), as modified by these Terms, and will be administered by the AAA. If the AAA is unavailable, the parties will agree to another arbitration provider or request that the AAA will nominate a substitute arbitrator. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules. If you do not wish to be bound by this provision you must notify us within 30 days of the first acceptance date of any version of these terms containing an arbitration provision. Your notice to us must be submitted to the registered office of Feedback Group LLC in the US which is 1201 Orange St Ste 600 One Commercial Center, Wilmington, New Castle, DE,19801.