PriceFriend Website (www.pricefriend.co.uk) and PriceFriend Software Terms and Conditions
Part A – General Conditions
1 About PriceFriend
The www.pricefriend.co.uk website (the "Website") and PriceFriend software (the "Software") are provided, owned and controlled by Medifusion Limited (a company registered in England with company number 04660249 and registered office at Barn 1, Unit 1, Somerford Business Court, Holmes Chapel Road, Congleton, Chesire CW12 4SN, referred to in these Conditions as "PriceFriend") to you (the "User") subject to the following terms and conditions (the "Conditions"). PriceFriend can be contacted by completing the Enquiry Form on the Website here.
2 Termination
PriceFriend shall be entitled to terminate the User's licence to use the Website and/or the Software Licence (Part B) at any time if the User breaches these Conditions. PriceFriend, at its discretion, shall be entitled to terminate the operation of the Website or Software at any time and without prior notice to the User.
3 User Obligations
The User agrees and warrants that in using the Website and the Software he or she shall:
3.1 use the Website and Software only for lawful purposes, and in a manner which does not infringe the rights of, or restrict the use of the Website and Software by, any third party;
3.2 not access, interfere with, damage or disrupt any part of the Website or Software, any equipment or network on which the Software is stored;
3.3 not transmit any data, send or upload any material that contains a computer virus, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful files or programs, files or similar computer code designed to or having the effect of adversely affecting the operation of the Website, the Software or of other users computer hardware or software; and
3.4 except in accordance with the Copyright section below (section 6), not reproduce, duplicate, copy or distribute any part of the Website or Software.
4 Advice
Nothing in the Website or Software shall be deemed to constitute advice or a recommendation to purchase any product or a recommendation to use a particular website. Any and all information provided on the Website and Software is for general information purposes only. PriceFriend accepts no liability for the content shown, information on any website linked to/from this page or the User's use of these. PriceFriend shall be not be liable if an incorrect product or price is displayed on the Website or Software. The User is encouraged to fully investigate the product details and confirm the price prior to placing an order for a product.
5 Variations to Website and Software
PriceFriend reserves the right to vary or remove (temporarily or permanently) the Website or Software or any part of it without notice. The User accepts he or she will have no claim for breach of contract or otherwise in respect of such variations.
6 Copyright
All copyright and other intellectual property rights in the Website and Software throughout the world are owned by PriceFriend. Subject to Part B, section 1(Grant and Scope of Software Licence), reproduction of part or all of the contents of the Website or the Software in any form is prohibited other than to:
6.1 view and display the contents of the Website and Software; or
6.2 print or download pages of the Website or the Software to a local or network hard drive for the User's own personal use provided the User does not delete any relevant copyright notice from all such printouts and downloads.
No part of the Website or Software may be used, distributed or copied for any commercial purpose without PriceFriend's prior written permission.
7 Hyperlinks
Where the Website or Software contains links to other sites and resources provided by third parties, these links are provided for information only. PriceFriend has no control over the contents of those sites or resources and accepts no responsibility for them or any loss or damage that may arise from their use. These websites are governed by their own privacy practices and not controlled by PriceFriend. The Privacy Policy [NOTE: Please provide link.] contained at Part C of these Conditions does not cover information the User may give to third parties and the User is encouraged to review the privacy policy of any company or other entity operating a website before submitting his or her personal details.
8 Trade Marks
"PriceFriend" and "www.pricefriend.co.uk" are trade marks of PriceFriend. Nothing in these Conditions shall confer on the User any licence of these proprietary marks or any other intellectual property right (subject to the Copyright section 6).
All other trade marks and domain names used on the Website or Software are the property of their respective owners.
9 DISCLAIMER
9.1 PRICEFRIEND WILL TAKE REASONABLE CARE IN PREPARING THE CONTENT OF THE WEBSITE AND SOFTWARE, BUT THE WEBSITE (INCLUDING WITHOUT LIMITATION MATERIAL DISPLAYED ON THE WEBSITE) AND THE SOFTWARE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES OTHER THAN AS EXPRESSLY SPECIFIED IN THESE CONDITIONS. TO THE EXTENT PERMITTED BY LAW PRICEFRIEND, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES HEREBY EXPRESSLY EXCLUDE:
9.1.1 ANY AND ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF TORT; AND
9.1.2 ANY AND ALL LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE WEBSITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT AND THE SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, BUSINESS PROFITS OR CONTRACTS, USE OF MONEY OR ANTICIPATED SAVINGS, LOSS OF OPPORTUNITY, REPUTATION OR GOODWILL, WASTED MANAGEMENT OR OFFICE TIME; LOSS OF INFORMATION AND LOSS OF, OR CORRUPTION TO, DATA, AND FOR ANY FURTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.
9.2 WITHOUT LIMITATION PRICEFRIEND DOES NOT UNDERTAKE, WARRANT OR GUARANTEE THAT THE WEBSITE, SOFTWARE AND ANY DOCUMENTS, FILES AND INFORMATION HOSTED OR DOWNLOADED FROM THE WEBSITE WILL BE FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, KEYSTROKE LOGGERS, SPYWARE AND OTHER HARMFUL PROGRAMS OR COMPUTER CODE DESIGNED TO ADVERSLY AFFECT THE OPERATION OF ANY COMPUTER SOFTWARE OR HARDWARE. PRICEFRIEND SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE WHICH MAY BE SUFFERED BY ANY PERSON ARISING FROM ANY SUCH HARMFUL CODE OR COMPUTER CODE.
9.3 NOTHING IN THIS CLAUSE OR THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT PRICEFRIEND'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM PRICEFRIEND'S NEGLIGENCE, NOR PRICEFRIEND'S LIABILITY FOR FRAUDULENT MISREPRESENTATION, NOR ANY TERMS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979, NOR ANY BREACH OF SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9.4 THE USER ACKNOWLEDGES AND ACCEPTS THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT FREE AND MAY FROM TIME TO TIME REQUIRE PERIODS OF DOWNTIME (BEING PERIODS DURING WHICH THE WEBSITE OR THE SOFTWARE IS NOT AVAILABLE TO THE USER) FOR THE PURPOSES OF REPAIR, MAINTENANCE AND UPGRADING. ACCORDINGLY, PRICEFRIEND DOES NOT GUARANTEE UNINTERRUPTED AVAILABILITY OF THE WEBSITE AND SOFTWARE.
10 Accessibility
PriceFriend is aware that some users may suffer from disabilities which make it difficult to access and use some parts of the Website or the Software. Within the constraints of technology used to construct the Website and the Software, PriceFriend has made reasonable efforts to make the Website and the Software accessible to disabled users. PriceFriend would like to receive feedback from disabled users to help identify any features which such users may find difficulty to use and to allow PriceFriend to deliver improvements to the service received by such users. If a disabled user requires advice or would like to give feedback in relation to use of the Website or Software, he/she should contact PriceFriend by completing the Enquiry Form on the Website here.
11 Severance
If any of the terms and conditions (in Parts A, B or C of these Conditions) should be determined to be invalid, illegal or unenforceable for any reason by any court or competent jurisdiction then such Condition shall be severed and the remaining Conditions shall remain in full force and effect and continue to be binding and enforceable.
12 Transfer of Rights and Obligations
12.1 These Conditions are binding on the User and PriceFriend and any respective successors and assignees of PriceFriend.
12.2 The User may not transfer, assign, charge or otherwise dispose these Conditions, or any of his or her rights or obligations arising under it, without our prior written consent.
12.3 PriceFriend may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of its rights or obligations arising under it, at any time during the term of the Licence.
13 Governing Law
These Conditions shall be governed by and construed in accordance with the law of England and the User hereby submits to the exclusive jurisdiction of the English courts.
Part B - Software Licence
1 Grant and Scope of Licence
1.1 PriceFriend hereby grants to the User a non-exclusive, non-transferable, perpetual licence to use the Software, which includes computer software, the data supplied in it and any online information (the "Documentation") only in the UK and only on the computer on which the User downloaded the Software (the "Licence"). The User agrees to be bound by the terms of these Conditions.
1.2 Except as specified in section 1.1 of Part B, nothing in these Conditions shall be construed as conferring any licence or granting any rights in favour of the User in relation to any intellectual property rights owned by PriceFriend.
1.3 The User may install and use the Software for his or her personal use only except with the prior written consent of PriceFriend.
1.4 Subject to section 2 below ("User's Undertakings"), the User may not make copies of the Software.
1.5 If the User opts to register his or her details with PriceFriend, he or she may be notified of any updates to the Software incorporating "patches" and corrections of errors as may be provided from PriceFriend from time to time.
1.6 The User can disable the use of the Software and the Licence by uninstalling the Software at any time. (Please see the FAQ section of the Website – "Can I remove PriceFriend?" - here. )
2 User's Undertakings
Except as expressly set out in this Licence or as permitted by any local law, the User undertakes:
2.1 not to upload the Software onto any website, or to make the Software available to the public in any other way, without PriceFriend's prior written consent;
2.2 not to copy the Software or Documentation except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
2.3 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documentation;
2.4 not to make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
2.5 not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by the User during such activities:
2.5.1 is used only for the purpose of achieving inter-operability of the Software with another software program;
2.5.2 is not disclosed or communicated without PriceFriend's prior written consent to any third party to whom it is not necessary to disclose or communicate it; and
2.5.3 is not used to create any software which is substantially similar to the Software.
3 Source Code
The User acknowledges that he or she has no right to have access to the Software in source code form or in unlocked coding or with comments.
4 Errors
The User acknowledges that the Software may not be free of bugs and errors and agrees that the existence of any errors shall not constitute a breach of this Licence or the Conditions and PriceFriend shall not be liable to the User in respect of any use of the Software.
Part C - Privacy Policy
1 Introduction
PriceFriend respects the User's privacy and is committed to protecting it. Any personal data collected through the Website and use of the Software will be treated as confidential in line with the principles of the UK data protection legislation (the Data Protection Act 1998, as amended). Medifusion Limited is notified as a data controller with the UK Information Commissioner (registration number Z9153183) and should the User have any queries regarding data protection please visit the UK Information Commissioner's website www.ico.gov.uk or contact PriceFriend by completing the Enquiry Form on the Website here.
2 Data and Information Collected and Used By PriceFriend
2.1 The personal data collected in connection with the Website and registering for the Software will be used by PriceFriend solely to answer queries in an enquiry form, review audience size and demographics and, where a User opts in for registration, to send details of Software updates or "patches" from time to time.
2.2 Although PriceFriend does not use cookies, PriceFriend will collect information generated by the User's visit to the Website and use of the Software and send this back to PriceFriend's web server. PriceFriend will also collect information generated by the User's visits to Recognised Websites. Recognised Websites are those websites which (i) the Software will operate against and (ii) will be recognised by the Software when opened by the User in their browser. Please click here view a current list of Recognised Websites. The information collected may include:
(a) the User's IP Address (an IP address is a number that is automatically assigned to a computer whenever a user is surfing the Internet);
(b) the type of browser and operating system used by the User;
(c) the date and time the Website or a Recognised Website is accessed;
(d) the URL (website address) of any Recognised Website being accessed;
(e) when the User is on a Recognised Website, any webpage/product the User is viewing; and
(f) if the User is directed to a Recognised Website by a link in another website, the address of that other website.
2.3 The information referred to in section 2.2 above is collected by PriceFriend solely for the purposes of:
(a) enabling the Software to work and to generate product price lists;
(b) statistical analysis of the use of the Software and Recognised Websites; and
(c) monitoring any misuse of the Software.
2.4 No information collected by PriceFriend, as referred to in section 2.2 above, shall be used to identify the User personally or to monitor his or her general browsing habits.
2.5 Any personal data and information collected by PriceFriend shall be used solely for the purposes described in section 2.1 and section 2.3 above and shall not be passed to any third parties without the User's prior consent.
2.6 If the User does not wish their data to be used in this way, please do not download the Software or, if this has already been done, disable the Software (as described above at section 1.6 of Part B).
3 Access to/Removal of Personal Data
If a User wishes to enquire about accessing his or her personal data, has any questions relating to this Privacy Policy or wishes to have his or her personal details removed from PriceFriend's database, please contact PriceFriend by completing the Enquiry Form on the Website here.
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