Introduction
Welcome to SOLO FINDR, these terms and conditions and all applicable service-specific terms (together, the “Terms of Service” or “Agreement”) govern the products or services provided by SOLO FINDR Ltd under this Agreement (“SOLO FINDR”“we” “us” ) based on your subscriptions to the “Services”. These Terms of Service create a binding contract between SOLO FINDR and you. These terms of service cover both the SOLO FINDR “Platform” and “Communities” site. Wherever used in these Terms of Service, “you”, “your”, “Customer“ or similar terms means the person or legal entity accessing or using the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to enter into these Terms of Service.
By accessing and using the services in any manner, you are agreeing to be bound by these Terms of Service to the exclusion of all other terms. These Terms of Service should also be read in conjunction with our privacy policy.
Changes to these Terms of Service
SOLO FINDR reserves the right to update the Terms of Service. If we make any material changes we will give you notice in writing and you will have a right to terminate this contract within 30 days (and receive any relevant refunds in respect of payments already made for services that you will no longer receive).
Definitions
“Account” means a single subscription associated with a single login to Services, assigned to one Authorised User or organisation. “Authorisation Form” means a document issued by SOLO FINDR and executed or otherwise agreed upon by you or your authorised representative that specifies, among other things, a description of the Services, the fees, the Term and any other details specifically related to the Services. “Authorised Users” means individuals who are directly accessing the Services via an online sign-up processor individual users authorised by you to use the Services and to whom we have supplied user identifications and passwords. Authorised Users may include your employees, consultants, contractors, agents or other designees, but shall not include any employee or agent of any SOLO FINDR competitor. “Confidential Information” means any information, technical, commercial, financial or of any other kind, whether written or oral communicated by one party to the other parties at any time, except such information which is or will be publicly known or which has come to or will come to the public knowledge in any way other than through a breach of this Agreement. “Customer Content” means all information and data (including text, images, photos, videos, audio and documents) or any other content in any media or format provided or made available to SOLO FINDR by you or on your behalf in relation to the use of the Services. “Fair Use Policy” means the limits placed on usage as described in section 4.5. “Mentions” means the information, including links, posts excerpts and data derived from (including reports, summaries, graphs and charts) that have been made publicly available and obtained by SOLO FINDR on your behalf from the Internet. “Services” means the services provided to you by SOLO FINDR based on the plan you have purchased either through an online transaction Site or through an Authorisation Form, but excluding Third-Party Services. “Supported Platform(s)” means the social networking site(s) currently supported by the Services, including Twitter, Facebook, LinkedIn and other social networking sites as described via the Site. “Taxes” means all taxes, assessments, charges, fees and levies that may be levied or based upon the sale or licence of goods and/or services, as the case may be, including all sales, use, goods and services, value added and taxes, custom duties and assessments together with any instalments with respect to any interest, fines and penalties imposed by any governmental authority (including federal, state, provincial, municipal or foreign governmental authorities). “Third-Party Services” means products, services, applications or websites made available by third parties through the Services (i.e. companies or people who are not SOLO FINDR).
Services
The Subscription that you place with us constitutes an offer by you to request the Services in accordance with these Terms of Service. The Subscription shall only be deemed to be accepted when we issue written acceptance of the Subscription at which point and on which date this Agreement shall come into existence and shall constitute a binding agreement between us in respect of such Services. From time to time, we may offer you the opportunity to install, use and test (the “Beta Testing”) certain services prior to their commercial release (the “Beta Services”). Beta Services are intended for evaluation purposes only and are not for production use. As such Beta Services are subject to the following additional terms:we grant you a limited right to use the Beta Services for Beta Testing purposes during the applicable Beta Testing period;you agree to provide suggestions, comments or other feedback with respect to the Beta Services as reasonably requested, including ideas for modifications and enhancements (the “Beta Feedback”). You hereby assign to us all rights, title and interest in and to the Beta Feedback. All Beta Services and your Beta Feedback are SOLO FINDR’s Confidential Information and SOLO FINDR may use your Beta Feedback in advertising and promotional materials with your prior consent (not to be unreasonably withheld);we reserve the right to modify the Beta Services or terminate your participation in the Beta Testing for any reason, without liability to you. We will use commercially reasonable efforts to provide you with reasonable advance notice of such termination;you acknowledge that the Beta Services are not at the level of performance or compatibility of a final, generally available product offering and may be substantially modified prior to commercial availability or withdrawn. We are under no obligation to provide technical support with regards to the Beta Services and we provide no assurance that any specific errors or performance issues in the Beta Services will be corrected; andthe Beta Services are provided on an “as is” and “as available” basis without any warranties or conditions of any kind, whether express, implied, statutory or otherwise. Use of the Beta Services are at your sole risk. In no event, will we be liable to you for any damage whatsoever arising out of the use of or inability to use the Beta Services. We shall supply the Services to you in accordance with your Subscription in all material respects. We shall use all reasonable endeavours to meet any performance dates for the Services as specified under the Subscription, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services. Subject to the terms and conditions of this Agreement and solely for your personal or internal business purposes SOLO FINDR grants you and your Authorised Users the right to access and use our Services and support in accordance with the product you have purchased for the duration of the Term of the Agreement.
Updates & Functionalities
SOLO FINDR reserves the right to amend or update the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification or removal of functionality, features or content). Excluding the addition of wholly new products, SOLO FINDR shall provide, implement, configure, install, support and maintain any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches and modifications to the Services (at its own cost) (collectively, the “Updates”).
You acknowledge that the Services operate on several Supported Platforms and that the Services provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to make their programs available to SOLO FINDR on reasonable terms, SOLO FINDR may cease to provide such features to you without entitling you to refund, creditor other compensation. SOLO FINDR shall endeavour to restore full Service functionality on the Supposed Platforms as soon as reasonably able. We cannot guarantee that Services will always be available however and we may need to take the site down from time to time in order to undertake important maintenance..
Acceptable Use
You shall: be responsible for you and your Authorised Users’ compliance with these Terms of Service, including the Fair Use Policy at section 4.5 below; be solely responsible for the accuracy, quality, integrity, legality and ethics of the Customer Content you provide and of the means by which you acquired or generated such Customer Content; use commercially reasonable efforts to prevent unauthorised access to or use of the Services, including keeping your password and user name confidential and not permitting any third party to access or use your user name, password or Account for the Services; be solely responsible and liable for all activity conducted through your Account in connection with the Services; promptly notify SOLO FINDR if you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorised disclosure or use of your (or any Authorised User’s) user name, password or Account; use the Services only in accordance with applicable laws and government regulations; and comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with the Services, including the applicable terms for Supported Platforms, such as the YouTube Terms of Service published at www.youtube.com/t/termsYou must not: make the Services available to anyone other than to your Authorised Users; allow more than one individual Authorised User to use each individual Account; sell, trade or otherwise transfer your Accounts to another party; use the Services to store or transmit any content, including Customer Content, that may be infringing, defamatory, threatening, harmful or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, rights of publicity, other laws, send spam or other unsolicited messages in violation of applicable law; upload to or transmit from, the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component; attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy or disrupt the integrity or the performance of the Services, any third-party use of the Services or any third-party data contained therein (except to the extent that such restrictions are prohibited by applicable law);access the Services in order to build a competitive product or service or copy any ideas, features, functions or graphics of the Services; attempt to gain unauthorised access to the Services or its related systems or networks; or authorise, permit or encourage any third party to do any of the actions listed in (a) – (h) above..
Mentions
You understand that by using the Services you may be exposed to third-party content, information and Mentions that might be unlawful, offensive, harmful, inaccurate, indecent, offensive, inaccurate, unlawful or otherwise inappropriate or objectionable. SOLO FINDR does not own, control or review Mentions and unless the Customer creates the content of Mentions, Mentions shall not be considered Customer Content under any circumstances. SOLO FINDR has no obligation to preview, verify, flag, modify, filter or remove any Mentions, even if requested to do so, although SOLO FINDR may do so in its sole discretion. Your use of Mentions is at your sole risk and SOLO FINDR shall not be liable to you or any third party in relation to Mentions.
Third Party Product and Services
You acknowledge that the Services may enable or assist you to access, interact with and/or purchase Third-Party Services from Supported Platforms and other third parties. When you access the Third-Party Services, you do so at your own risk. These Third-Party Services may also allow you to store your Customer Content with the provider or operator of the Third-Party Services. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services (and you shall comply with all such terms and conditions)and any contract entered into or any transaction completed via any Third-Party Service is between you and the relevant third party and not SOLO FINDR. SOLO FINDR makes no representation and shall have no liability or obligation whatsoever in relation to the content, use of or correspondence with any such Third-Party Services or any transactions completed or any contract entered into between you with any such third party.
Non-Exclusivity
You acknowledge that: the rights granted to you under this Agreement are non-exclusive; nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict SOLO FINDR’s right to license, sell or otherwise make available the Services to any third party or perform any Services for any third party. 4.7 Beta Testing From time to time, we may offer you the opportunity to install, use and test (the “Beta Testing”) certain services prior to their commercial release (the “Beta Services”). Beta Services are intended for evaluation purposes only and are not for production use. As such Beta Services are subject to the following additional terms:we grant you a limited right to use the Beta Services for Beta Testing purposes during the applicable Beta Testing period;you agree to provide suggestions, comments or other feedback with respect to the Beta Services as reasonably requested, including ideas for modifications and enhancements (the “Beta Feedback”). You hereby assign to us all rights, title and interest in and to the Beta Feedback. All Beta Services and your Beta Feedback are SOLO FINDR’s Confidential Information and SOLO FINDR may use your Beta Feedback in advertising and promotional materials with your prior consent (not to be unreasonably withheld);we reserve the right to modify the Beta Services or terminate your participation in the Beta Testing for any reason, without liability to you. We will use commercially reasonable efforts to provide you with reasonable advance notice of such termination;you acknowledge that the Beta Services are not at the level of performance or compatibility of a final, generally available product offering and may be substantially modified prior to commercial availability or withdrawn. We are under no obligation to provide technical support with regards to the Beta Services and we provide no assurance that any specific errors or performance issues in the Beta Services will be corrected; andthe Beta Services are provided on an “as is” and “as available” basis without any warranties or conditions of any kind, whether express, implied, statutory or otherwise. Use of the Beta Services are at your sole risk. In no event, will we be liable to you for any damage whatsoever arising out of the use of or inability to use the Beta Services.
Intellectual Property
As between you and SOLO FINDR, we retain all rights, title and interest in and to the Services. Nothing under this Agreement shall be construed to restrict, impair, encumber, alter, deprive or adversely affect the Services or any of SOLO FINDR’s rights or interests therein or any other of SOLO FINDR’s intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials or other rights, tangible or intangible. SOLO FINDR reserves all rights, title and interest in and to the Services not expressly granted in this Agreement. You may from time to time provide suggestions, comments or other feedback to SOLO FINDR with respect to the Services (“Feedback”) Feedback provided by you shall not be considered Confidential Information and shall not create any confidentiality obligation for SOLO FINDR. You hereby grant SOLO FINDR a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub licensable, royalty-free, fully paid-up licence to use and exploit the Feedback for any purpose.
Purchases by Authorisation Form
You agree to pay all fees as and when described per the Authorisation Forms. SOLO FINDR shall invoice you for the fees in the currency set forth on the applicable Authorisation Form. Unless otherwise stated on the Authorisation Form, all invoices shall be payable within 30 days of the invoice date. Any disputed amounts shall not affect payment of non-disputed amounts. You shall make payments to the entity and address set forth in the invoice.
Customer Content
You grant SOLO FINDR a limited, worldwide, non-exclusive, non-transferable (except as set forth in section 10.1) licence, without a right of sublicense You acknowledge that SOLO FINDR shall be able to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive and index the Customer Content for the purpose of supporting your use of the Services and providing the Services to you. SOLO FINDR may also use Customer Content for the purpose of supporting and developing the Services, provided that when doing so, SOLO FINDR shall only use Customer Content in an anonymised and aggregated way. Subject only to the limited licence expressly granted under this Agreement, you and your Authorised Users shall retain all rights, Intellectual Property and such other rights, title and interest in and to the Customer Content. Nothing in this Agreement will confer on SOLO FINDR any right of ownership or interest in the Customer Content or the intellectual property rights there. SOLO FINDR will not be held liable for any photos or videos that you may upload that isn’t your property or which you may or may not have the rights to use, we will hold you in accordance with section 10.10..
Responsibility for Customer Content and Mentions
You are solely responsible for the Customer Content that you or the Authorised Users upload, publish, display, link to or otherwise make available via the Services. You agree that SOLO FINDR is acting only as a passive conduit for the online distribution and publication of the Customer Content and the online display of queries and Mentions. SOLO FINDR will not review, share, distribute or reference any Customer Content or Mentions except as provided under this Agreement, as provided in SOLO FINDR’s privacy policy and copyright policy or as may be required by law. At its sole discretion, SOLO FINDR retains the right to remove any Customer Content uploaded that it deems in violation of this Agreement.
Online Paid Services
For paid Services purchased online (“Online Services”), you must provide SOLO FINDR with a valid debit or credit card to pay for such services. We accept Mastercard ®, VISA ® and American Express ®. Some Services may be available as a one-time purchase and others can be purchased as a monthly or yearly subscription. You agree that SOLO FINDR has permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms SOLO FINDR retains in the future) your submitted payment information in order to process your purchase. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices including exchange rates. SOLO FINDR does not support all payment methods, currencies or locations for payment. If the payment method you use with us, (e.g. a credit card), reaches its expiration date and you do not edit your payment method information or cancel or downgrade your Account to a charge-free Account, you authorise SOLO FINDR to continue billing your credit card and/or debit card and you remain responsible for any uncollected amounts. All applicable taxes are calculated based on the billing information you provide to us at the time of purchase.
Online Paid Services
Please note that the Free Trial is only available to first time users of a paid Online Service. Auto-renewal and Cancellation. If you are purchasing Online Services on a subscription basis you may have the option to purchase a monthly or a yearly subscription which will automatically renew at the end of its applicable Term. (“Subscriptions”) Subscriptions are billed in advance on a monthly or yearly basis (as per the option chosen when you purchased such Online Services). You agree that SOLO FINDR may process your credit card or debit card on each monthly, annual or other renewal term (based on the applicable billing cycle) on the calendar day corresponding to the first day you subscribed to the Online Services. If your paid Subscription to Online Services began on a day not contained in a subsequent month (e.g. your service began on January 30 and there is no February 30), we will process your payment on the last day of such month. You may elect to cancel or downgrade your Online Services at any time by following the steps outlined here: If you subscribed to a monthly plan, your Account may immediately be downgraded to a charge-free Account, but no credit will be issued for any prepaid fees. If you subscribed to a yearly plan, the downgrade will only be effective after a 90 day cancellation period or at the end of the then current annual billing period. Credits or refunds due for any prepaid fees will be issued 30 days after final date of the contract, which will be at the end of the 90-day cancellation period. Online Services purchased for a one-time fee are not refundable.
Late Payment
If any amounts due under this Agreement are not received by SOLO FINDR by the due date at SOLO FINDR’s sole discretion such charges may accrue late interest at the rate of up to 1% per month or the maximum rate permitted by law or whichever is lower from the date such payment was due until the date paid Upon 10 days’ written notice, SOLO FINDR may suspend your access to the Services if SOLO FINDR does not receive the amounts invoiced under this Agreement at the expiration of such period.
Taxes and Withholdings
You are responsible for paying all Taxes associated with your purchase of Services. If SOLO FINDR has the legal obligation to pay or collect Taxes for which you are responsible under this section, the appropriate amount shall be invoiced to and paid by you, unless you provide SOLO FINDR with a valid tax exemption certificate authorised by the appropriate taxing authority. Any and all payments by or on account of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any Taxes. If you are required to deduct or withhold any Taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, SOLO FINDR receives an amount equal to the sum it would have received had no such deduction or withholding been made.
Term and Termination
For Online Services, the term of this Agreement shall commence on the day you access the Services for the first time and shall continue until your Subscription ends or your Account is cancelled and you cease using our Services (“Term”). If you purchase Services via an Authorisation Form, the term of this Agreement shall commence on the day you sign the Authorisation Form and shall continue until your Subscription ends or your Account is cancelled and you cease using our Services. If you violate this Agreement, abuse the Services or otherwise create risk or possible legal exposure to SOLO FINDR we reserve the right to terminate or suspend If you violate this Agreement, abuse the Services or otherwise create risk or possible legal exposure to SOLO FINDR we reserve the right to terminate or suspend your access to the Services at our sole discretion. We will use commercially reasonable efforts to notify you by email or at the next time you attempt to access your Account. You may also cancel or disable certain Services at any time. For the cancellation procedure and for further assistance, see the instructions published here.Upon termination of this Agreement for any reason:you will immediately cease all use of the Services; and you will have no further access to your Accounts provided by SOLO FINDR; and you will pay SOLO FINDR all unpaid amounts owing to SOLO FINDR..
Warranty Disclaimer
Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you. Except as expressly provided under this Agreement, to the greatest extent permitted by applicable law., SOLO FINDR expressly excludes and disclaims all warranties of any kind, whether express, implied, statutory, or otherwise. Without limiting the generality of the foregoing, SOLO FINDR specifically disclaims all express or implied warranties of design, merchantability, fitness for a purpose, title, quality, and non infringement, that its services will meet your requirements, or that SOLO FINDR does not promise that its services will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. No advice or information, whether oral or written, obtained from SOLO FINDR or elsewhere will create any warranty or condition not expressly stated in this Agreement. Except as expressly provided under this Agreement, the services are provided on an “as is” and “as available” basis. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy provided under this Agreement. SOLO FINDR disclaims all responsibility or liability in relation to the content made available through the services, including the Customer Content and Mentions or any content or services provided by third parties. SOLO FINDR does not control or vet Customer Content or Mentions and is not responsible for what users post, transmit or share on or through the services. SOLO FINDR is not responsible or liable in any manner for any Third-Party Services or Supported Platforms associated with or utilised in connection with the services, including the failure of any such Third-Party Services or Supported Platforms. SOLO FINDR expressly denies any responsibility resulting from hacking, tampering or other unauthorised access or use of the services or your Account or the information contained therein. If you are dissatisfied or harmed by SOLO FINDR or anything related to SOLO FINDR, you may cancel your SOLO FINDR Account and terminate this Agreement in accordance with section 6.4 (auto-renewal and cancellation) or section 7.2 (termination), as applicable and such termination shall be your sole and exclusive remedy (and SOLO FINDR’s sole and exclusive liability). SOLO FINDR and its sites shall be governed by the law of the Member State in which we are established, being England & Wales. Please see section 10.4 for further details.
Limitations, Liability and Indemnification
Nothing in these Terms of Service shall limit or exclude SOLO FINDR’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors or for fraud or fraudulent misrepresentation. You have certain legal rights implied by law. Nothing in this Agreement is intended to affect your right to certain legal remedies if we breach any of these rights or other rights to which you may also be entitled. SOLO FINDR shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement for loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill and any other indirect or consequential loss. SOLO FINDR shall not be liable for losses not caused by SOLO FINDR’s breach, indirect losses, or due to causes beyond our reasonable control including but not limited to fire, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God. If for any reason SOLO FINDR is found in breach, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are deemed foreseeable where they could be contemplated by you and SOLO FINDR at the time of entering into this Agreement. Any advice given by SOLO FINDR or other users in the form of comments should not be considered a substitute for formal legal guidance.
Assignment
You may not assign or otherwise transfer any of your rights or obligations under this Agreement, whether by merger, sale of assets, change of control, operation of law or otherwise without the prior written consent of SOLO FINDR, not to be unreasonably withheld and any attempted assignment or transfer without such consent will be invalid. SOLO FINDR may freely assign or delegate all rights and obligations under this Agreement fully or partially without notice to you. SOLO FINDR may also substitute, by way of unilateral novation, effective upon notice to you SOLO FINDR Ltd for any third party that assumes our rights and obligations under this Agreement. SOLO FINDR’s may transfer our rights or obligations under this Agreement to another legal entity provided that this will not adversely affect the standard of Service you receive under this Agreement and in the case of a transfer we will notify you of the date on which we will transfer our rights and obligations under this Agreement to another legal entity.
Export Compliance and Use Restrictions
You shall not use or access the Services if you are located in any jurisdiction in which the provision of the Services is prohibited under Canadian, U.S. or other applicable laws or regulations (a “Prohibited Jurisdiction”) and you shall not provide access to the Services to any government, entity or individual located in any Prohibited Jurisdiction. You represent, warrant and covenant that:you are not named on any Canadian or U.S. government list of persons or entities prohibited from transaction with any Canadian or U.S. person;you are not a national of or a company registered in, any Prohibited Jurisdiction;you shall not allow Authorised Users to access or use the Services in violation of any Canadian, U.S. or other applicable export embargoes, prohibitions or restrictions; and you shall comply with all applicable laws regarding the transmission of data exported from the country in which you (or your Authorised Users) are located to Canada and the United States.
Severability
Each provision of this Agreement is severable. If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remaining provisions of this Agreement or of that provision in any other jurisdiction.The Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation.
Notices
For purposes of service messages and notices about the Services, we may place a banner notice across our pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from us to an email address associated with your Account. You agree that we may communicate with you through your SOLO FINDR Account or through other means including email, mobile number, telephone or delivery address including the postal address provided in connection to your SOLO FINDR Account or Services associated with us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to your failure to receive critical information about the Services. You may provide legal notice to SOLO FINDR via email Attention: Compliance. The email address provided may be updated as part of any update to these Terms of Service.
Waivers
No waiver of any provision of this Agreement is binding unless it is in writing and signed by all parties to this Agreement. Any provision which does not give rights or benefits to particular parties may be waived by notice in writing, signed only by those parties who have rights under or hold the benefit of the provision being waived if those parties promptly send a copy of the executed waiver to all other parties. The failure to exercise or the delay in exercising, any right or remedy under this Agreement will not be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of this Agreement will be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.
Nature of Relationship
No agency, partnership, joint venture or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to No agency, partnership, joint venture or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.Except for payment obligations neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including the elements, fire, flood, severe weather, earthquake, vandalism, accidents, sabotage, power failure, denial of service attacks or similar attacks, Internet failure, acts of God and the public enemy, acts of war, acts of terrorism, riots, civil or public disturbances, strikes, lock-outs or labour disruptions and any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.The terms of this Agreement, together with any service-specific terms, any applicable Authorisation Form and all exhibits constitutes the entire agreement between the parties with respect to the use of the Services and supersedes any prior or inconsistent agreements, negotiations, representations or promises, written or oral, with respect to the subject matter and is binding upon the parties and their permitted successors and assigns. In the event of any conflict between this Agreement and the terms of an Authorisation Form the provisions of the Authorisation Form shall prevail. The terms of this Agreement will apply to all orders you submit to SOLO FINDR and shall supersede any additional terms, which may be incorporated in a purchase order form or any other form you generate under which any such terms shall be null and void..
Content Use & Moderation
By using the SOLO FINDR sites we grant you permission to temporarily download one copy of the materials (information or software) on SOLO FINDR’s web site for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title and under this licence you may not:modify or copy the materials;use the materials for any commercial purpose or for any public display (commercial or non-commercial);attempt to decompile or reverse engineer any software contained on SOLO FINDR’s web site;remove any copyright or other proprietary notations from the materials; ortransfer the materials to another person or “mirror” the materials on any other server.This licence shall automatically terminate if you violate any of these restrictions and may be terminated by SOLO FINDR at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format. By using our sites, platform and community you agree not to post any material: that a reasonable person would consider sexual, racial or otherwise offensive, discriminatory or provocative language including usernames that may be of this nature and would also refer to impersonation;that a personal person would consider defamatory, harassing, abusive or hateful and capable of damaging the reputation of an individual or organisation and would include anything infringing intellectual property. You will be held directly liable and subject to any legal ramifications;that you do not have the necessary rights or licences to post or would violate any law or privacy of an individual/organisation;that would be deemed to be a solicitation, spam or authorised advertising for products and/or services;that would be deemed personal information (e.g. contact details etc.);posts that contain long embedded URLs/Links, code, are completely off-topic, consist of “Shouting” (CAPITAL LETTERS ONLY); orincluding the E-Mail addresses used to register and use our services which are not published anywhere on the site or any sub-site.From use of the SOLO FINDR platform (Our Product) there is an option for clients to “Broadcast Externally”; this essentially means inviting individuals that may not be registered on the platform to join the platform or take an action of reposting a social media message on a client’s behalf. The individual that initiates the “Broadcast” will ensure they have consent to contact or share material with those individuals. SOLO FINDR will need to ensure the individuals are presented with chance to opt-in (Re-consent) to future SOLO FINDR Broadcasts or further communications, whilst giving them a chance to opt-out. It is critical that the clients who are doing the broadcasting have gained consent to do so. SOLO FINDR is unable to enforce complete moderation of the communities site and therefore relies on self-moderation to take place. If you suspect some-one is in breach of the above, then please contact: Support@SOLOFINDR.com Any provision of this Agreement which, either expressly, by its terms or to give effect to its meaning, must survive and such other provisions which by their nature are intended to survive termination shall survive the expiration or termination of this Agreement.
Data Retention
SOLO FINDR retains data for only as long as necessary and in line with the relevant Data Protection legislations or any legal requirement. We will aim to keep data for no longer than 2 years and in line with our Data Retention Policy. 13. Internet security SOLO FINDR strives to protect any information submitted to any of our sites. However, it would be impossible for us to guarantee that any information is completely safe due to the nature of the Internet. Therefore, you acknowledge and accept this risk upon providing any personal data to SOLO FINDR. Once the data provided has been transmitted to us successfully we will take reasonable steps to ensure that the data is secure and prevent any unauthorised access and loss of data as long as it is within our control. We can take no responsibility or be held liable for any damages arising that is beyond our control. We have an “Always-on SSL policy” meaning that all data is encrypted in transit using SSL (HTTPS); We do not currently encrypt any data that is stored on our servers. Data that we collect on you will be passed to an enforcement agency should we feel you are misusing our sites or services and we will provide this information to third parties if we have a legal obligation to do so. Please see our privacy policy for more information.If you have any queries on this policy, wish to contact the DPO or know further details on how SOLO FINDR uses personal data please contact us at: dataprotection@SOLO FINDR.com If you wish to opt-out of something specific; then please use the communication preference centre.