Website Terms of Use
These Terms of Use (“Terms”) set out the basis on which you may access or use our website at www.surgesocial.co.uk (“the Website”). The Website is operated by Surge Social LTD (“we” “us”, “our”).
By accessing or using our Website, our other online platforms or social media channels or requesting information in relation to our products or services, you agree to be bound by these Terms, along with our Privacy Notice and Cookie Policy. Please read them carefully before using our Website. If you do not agree to be bound by them, then you must not use or access our Website.
Where you choose to purchase any products or services from us then you will be asked to agree to separate terms and conditions associated with that product or service and those terms and conditions will prevail in the event there is a conflict or dispute in the future.
For the purposes of these Terms, the definition of Website shall include our online platforms and any social media channels and groups.
Using and accessing the Website
1.1. We make no charge for using or accessing our Website.
1.2. Should you choose to use or access our Website then you are responsible for putting in place the necessary requirements to allow you to access and use our Website. We shall not be liable to you in the event you are unable to access or use our Website.
1.3. Our Website is available on an ‘as available’ basis. We reserve the right to suspend, change or remove our Website at any time for any reason and without notice. We shall not be liable to you in any way in the event our Website, or any part of it is out of date, unavailable or inaccessible at any time.
1.4. Our Website is intended to be accessed and used by individuals who are over the age of 18. By continuing to access and use our Website you are confirming that you are over 18 years old. Any individual under the age of 18 that accesses this Website does so on an unauthorised basis.
1.5. References to Website within these Terms apply regardless of how you access the Website.
2. Intellectual Property Rights
2.1. All content that is displayed on or within our Website which includes, but is not limited to, website design and layout, text, images, logos and graphics, video, data, code, audio, document files, scripts, software, databases and any other resources and information (“Content”) belongs to us and all copyright, moral ownership and any other intellectual property rights that arise and/or exist within that Content (and any and all derivatives of it) is owned exclusively by or licensed to us. All content and information on our Website is protected by the intellectual property laws applicable to the United Kingdom as well as international intellectual property laws and treaties and all rights are reserved.
2.2. When using and accessing our Website you agree NOT to:
2.2.1. copy, reproduce, amend, repost, share, publish, distribute, rent, sell or store any of the Content or assist others in carrying out any such activities; or
2.2.2. use our Website or any Content for any commercial purposes or benefit; or
2.2.3. reproduce the Website or any part which includes, but is not limited to, any Content, design or look and feel;without our express consent in writing, or a licence, where applicable.
2.3. You may not use the Website or any Content for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.
2.4. You may use and access our Website as follows
2.4.1. to view the Website in a web browser; or
2.4.2. to download or print, for your personal use only, any free resources which are explicitly marked suitable for download; or
2.4.3. to download the Website or parts of it for caching.
2.5. Where we offer a free resource on or through our Website, whether this is offered as a free gift or in exchange for your personal information, by viewing or downloading that free resource you accept and understand that it is only to be used for your own personal benefit and should not be copied, altered, distributed or otherwise shared.
3. Privacy and Data Protection
3.1. Please refer to our separate Privacy Notice and Cookie information displayed on our Website for further information on how we process your personal information and our use of cookies and other similar technologies. The content of those policies is incorporated into these Terms and by your continued use of our Website you are consenting to us processing your personal information in accordance with our Privacy Notice.
4. Disclaimer
4.1. All information provided on our Website is for general information purposes only. Nothing on our Website constitutes advice and should not be taken or interpreted as such. It is your responsibility to ensure that you check that any Content, products or services available on or through our Website satisfy your specific expectations or requirements.
4.2. We make no warranty, guarantee or representation that the Website or any Content is:
4.2.1. accurate, up to date or free from any errors or inaccuracies; or
4.2.2. accessible and/or compatible with your hardware and software; or
4.2.3. not capable of infringing any third-party rights; or
4.2.4. suitable to meet your required expectations or needs.
3. Where we use testimonials or feedback from our customers and/or clients on our Website this content is not to be taken as a guarantee that any current or future customers or clients will receive the same or similar benefits or results. Where testimonials or feedback are included on the Website this is purely as an example of the experiences others have encountered in connection with our products or services.
5. Liability
5.1. We accept no liability to any user, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, whether foreseeable or not, for:
5.1.1. loss, damage or expenses of any kind and however arising, such as loss of data, income, profit, business, goodwill;
5.1.2. any direct, indirect or inconsequential losses or damage;
5.1.3. any claims by third parties;
which arise in connection with your use and access of our Website or the use or reliance upon any Content or other information found on our Website.
5.2. Nothing in these Terms excludes or limits our liability for:
5.2.1. death or personal injury caused by our negligence; or
5.2.2. fraud or fraudulent misrepresentation by us; or
5.2.3. any consumer rights claim; or
5.2.4. any other liability that cannot be excluded or limited by applicable law.
5.3. We reserve the right to modify, suspend, or otherwise withdraw access to all or part of our Website at any time and accept no liability in connection with such action.
5.4. Where we consider, in our reasonable opinion, that you are in breach of any provisions of these Terms, we reserve the right to immediately terminate your use and access of our Website along with the immediate termination of any services which you may have purchased from us, without refund. You will also be required to destroy any copies of Content which you hold. We also reserve the right to take action in respect of your breach to the full extent of the law.
6. Website Security
6.1. Whilst we shall exercise reasonable care and skill to ensure that our Website is free from viruses and any other malicious software, we accept no liability for any loss or damage resulting from a virus or other malicious software or any other event occurring that causes damage to your hardware, software, or any of your data which arises as a result of your direct or indirect use or access to our Website.
6.2. When accessing our Website, you agree that you will not use our Website or any of our social media channels to transmit data that contains any form of virus, malicious software or code which is designed to cause damage or could have an adverse effect on any computer hardware or software.
6.3. You agree not to try to gain unauthorised access to our Website or any social media channels or any computer hardware or software connected to our Website.
6.4. Any breach of this clause may amount to a criminal offence under the Computer Misuse Act 1990 and we reserve our rights to report any activity which we consider breaches this clause.
6.5. Where we provide you with a password, code, or other access in connection to our Website you agree to keep that access information confidential, private and secure. In the event we consider that you have failed to comply with this requirement then we reserve the right to suspend or terminate your secure access, such decision to be at our absolute discretion.
7.0. Creating an account
7.1. Where you are offered the opportunity to create an account to access certain parts of our Website or to purchase our products or services then by creating an account you are confirming that:
7.1.1. you are over 18 years of age; and
7.1.2. the information you provide to us is honest, accurate and up to date; and
7.1.3. you will keep you access to your account and any password private.
8.0. Acceptable usage of our Website, other platforms and social media channels
8.1. You agree to only use and access our Website and our social media channels in a way which is lawful and in accordance with these Terms and in particular that you will:
8.1.1. comply fully with any applicable local, national and international laws, guidance and regulations; and
8.1.2. not use our Website or other social media channels for fraudulent purposes; and
8.1.3. not use our Website or any of our social media channels in any way that will, or is intended to, cause upset, distress or harm to any individual in any way.
8.2. We shall allow you to post to our Website (including our social media channels) where such posting is permitted. In such cases, posting shall include but not be limited to, posting your original content, commenting on posts or in response to emails, commenting on social media live streams or videos. Where you choose to post any comments or information on our Website or social media channels you are representing that you are at least 18 years of age. We shall not be responsible for reviewing or confirming the accuracy of any Content posted by you.
8.3. Where you choose to post as set out above, you agree that you will not post any content or information which could cause damage, harm, upset or distress to another user or individual accessing our Website or that may cause damage to our business or reputation. In the event it is determined that you have posted in breach of these provisions then we reserve the right to remove such content immediately, to terminate your access to our Website and/or our social media channels and to take such action as is necessary to the full extent of the law.
8.4. Where you choose to post any content or information as set out above, you are also providing us with a full and unlimited, non-exclusive and unrestrictive world-wide licence to use, copy, publish, distribute and sell the content you post in whole or in part. By posting you are agreeing to waive your intellectual property rights in relation to the content you post. We are under no obligation to identify you or otherwise credit you as the author of any content which you post and which we may choose to use.
8.5. We reserve the right to suspend or terminate your access to our Website where we determine that you are in material breach of this clause, or any other provisions contained within these Terms. We further reserve the right to disclose your identity to any relevant third party and to take legal proceedings against you for reimbursement of any costs we incur as a result of your breach.
9. Links to third party websites
9.1. Where we include links to other websites, we do not accept any responsibility for, nor any liability in connection with, those websites and any content that may be contained within or on them. We do not review their privacy notices or their site content and are not aware of whether cookies or other tracking devices are used. Any links we provide are for information purposes only and if you choose to access them you do so at your own risk. Where you have concerns regarding the privacy of your information you should make yourself aware of the privacy policies and terms of use of those websites before accessing them or disclosing any personal information.
10. Links to our Website
10.1.You may link to our Website provided the following conditions are met:
10.1.1.you have obtained our written permission; and
10.1.2.the link is undertaken in a fair manner;
10.1.3.the link is owned by you;
10.1.4.the link is not unlawful and does not damage our reputation or seek to take advantage of it;
10.1.5.the link does not suggest or imply any form of association, partnership, approval or endorsement on our part where none exists; and
10.1.6.you do not use any images, logos, trade marks, branding details or other content displayed on our Website without our express written permission.
10.2. We reserve the right to withdraw our permission to allow links to our Website at any time and for any reason. In the event that we exercise our discretion to withdraw such permission then, upon request, you agree to immediately remove any links to our Website.
11. About us
11.1. The Website at www.surgesocial.co.uk is operated by Surge Social LTD. Our business address is 4th Floor 7-10 Chandos Street, Cavendish Square, London, United Kingdom, W1G 9DQ and our contact email address is enquiries@surgesocial.co.uk
11.2. If you need to contact us please email using the email address above.
12. Complaints or concerns
12.1. Should you have any questions or concerns relating to the content of these Terms or your use of or access to our Website then please contact us by email using the address set out above.
13. Changes to these Terms of Use
13.1. We reserve the right to alter or amend these Terms at any time, without notice. Should we make any changes to these Terms, then an updated version will be posted on the Website.
13.2. Whilst we shall endeavour to notify you of any changes by displaying a notice of any changes on our Website, it is your responsibility to ensure that you check these Terms from time to time so that you are aware of any changes, updates or amendments.
14. Applicable Law
14.1. These Terms shall be governed by the laws of England and Wales and any dispute (whether contractual or otherwise) shall be dealt with under the exclusive jurisdiction of the Courts of England and Wales and the law from time to time in force.