Business Terms and Conditions

TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH THE PSYDRO WEBSITE AND MOBILE APP, AVAILABLE ON THE APPLE APP STORE AND GOOGLE PLAY

APPLICABLE TO BUSINESS USERS
Last Updated on October 22, 2018

1.

ACCEPTANCE OF THE BUSINESS TERMS

Thank you for using Psydro. These Business Terms and Conditions (the “Business Terms”) are intended to make business Users aware of your legal rights and responsibilities with respect to your access to and use of the Psydro website at http://www.psydro.com/ (the “Website”) and the related Psydro mobile and software applications, available through the iOS App Store and Google Play (the "Mobile App"), including but not limited to delivery of information via the Website or Mobile App.

Please read these Business Terms carefully.

By using the Services of the Website or Mobile App, you are agreeing to these Business Terms and concluding a legally binding contract with Psydro Ltd., a company incorporated and existing under the laws of the United Kingdom ("Psydro"). Do not use the Website and/or Mobile App if you are unwilling or unable to be bound by the Business Terms.

You can accept the Business Terms by clicking to accept or agree to the Business Terms, where it is made available to you in the user interface of the Website or Mobile App or by actually using the Services.

2.

DEFINITIONS

Psydro Ltd. is a commercial company, providing the Services offered through the Website and Mobile App.

We

"We", "us" or "Psydro" refers to Psydro Ltd.

Psydro (http://www.psydro.com/) is a web- and mobile based Internet platform, owned by Psydro Ltd., a company incorporated and existing under the laws of the United Kingdom, registered under an 10723326, having its seat and registered office at 162-168 High Street, Rayleigh, Essex SS6 7BS which enables business users to use the Services of the Website and the Mobile App, which are the subject of these Business Terms and Conditions.

User

"User" or "you" or "your" refers to you, as a business user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, publishing, transacting, uploading information about the User’s business or a business represented by the User.

Services

"Services" include any and all services, which Psydro Ltd. may offer to the User, through the Website and the Mobile App, including the functionality available to the User listing their business on the Psydro website for the purpose of receiving feedback and reviews.

User Account

"User Account" is a separate part of the Website and Mobile App, containing User information required by Psydro during registration. The User Account is accessed by the User through entering an email and a password.

Content

"Content" will include (but is not limited to) images, photos, audio, video, location data, 'nearby places', and all other forms of information or data.

Your Content

"Your Content" or "User Content" is the content, submitted by you, as a User of the Website and Mobile App. It includes, but is not limited to what you upload, share or transmit to, through or in connection with the Services, such as business listings, images, photos, User Account information, and any other materials that you publicly display or are displayed in your User Account or business profile.

Psydro Content

"Psydro Content" means content that Psydro creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, widgets, iframes, products, software, aggregate ratings, reports and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Your Content and third party content. "Third Party Content" means content that comes from parties other than Psydro or its Users and is available in or through the Services.

3.

USING THE SERVICES

Eligibility

You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Business Terms.

Compliance with the laws

You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Business Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties.

Website and Mobile App Availability

The Website and Mobile App may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

User Accounts

You must create a User Account and provide certain information about your business in order to create a business User Account and be able to create listing(s) about your business(es) on the Website and Mobile App. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account. We reserve the right to close your User Account at any time for any or no reason.

Your business User Account is for your commercial use only. You may be required to verify your ownership or representation capacity for the businesses listed on the Website or Mobile App through your user account.

Communications from Psydro

By creating a User Account, you agree to receive certain communications in connection with the Website and Mobile App.

4.

CHANGES TO THE BUSINESS TERMS

Psydro may amend, change or update these Business Terms, from time to time, entirely at its own discretion. You shall be responsible for checking these Business Terms, from time to time, and ensuring continued compliance with these Business Terms. Your use of the Services after any such amendment or change in the Business Terms shall be deemed as your express acceptance to such amended/changed Business Terms and an assent to be bound by such changed/amended Business Terms.

5.

TRANSLATION OF THE BUSINESS TERMS

Psydro may provide a translation of the English version of the Business Terms into other languages. You understand and agree that any translation of the Business Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Psydro. In case there are any inconsistencies between the English version of the Business Terms and its translated versions, the English version of the Business Terms shall prevail.

6.

CONTENT

Responsibility for Your Content

You are responsible for the content you publish. You assume all risks associated with the content you publish. You hereby agree and acknowledge that you have the right to publish the content you make available on the Website and Mobile App through your User Account. You agree that Your Content, including texts, images and other textual or graphical materials will not infringe any third-party intellectual property rights. You must indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from Your Content.

You may expose yourself to liability if, for example, the content you publish contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including hate speech or pornography; harms minors; or violates or advocates the violation of any law or other legal regulation.

Any e-mail invitations that you sent from your User Account are also subject to these Business Terms. Such e-mails shall form part of Your Content. This shall be to the exclusion of the source code provided by Psydro, which gives the User the functionality to draft and send such e-mails invitations. Psydro shall not be responsible for the content you send and disclaims any liability therefor. Any e-mails uploads shall be made from the User’s own database and not from a third-party catalogue.

Right to use Your Content.

By submitting Your Content, you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use the published content on the territory of the European Union. This includes the right to sub-license and transfer.

By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works. You irrevocably waive, any claims and assertions of moral rights with respect to Your Content brought against us, any third-party services and our and their users.

Ownership of Content

As between you and Psydro, you own Your Content and any content published on the Website and Mobile App through your User Account. We own the Psydro Content, including, among others, visual interfaces, interactive features, graphics, design, compilations, including (but not limited to) our database of User content and other Website and Mobile App Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website and Mobile App, excluding User Content and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the Psydro Content, the Website and Mobile App. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Psydro Content, in whole or in part, except as expressly authorized by us.

You may decide to post Psydro Content on your website or mobile app. This Psydro Content includes widgets and iframes, the code of which is subject to our copyright. These widgets and iframes can be installed on your website in order to show the reviews and ratings your business has received on the Website or Mobile App. They may also offer the opportunity for your visitors to write reviews. As such, you may not amend or redact the code provided to you. The images visible on your website through the widgets and iframes may be part of the Psydro Content or Third Party Content. In any case, Psydro disclaims any liability for the content visible on your website or mobile app or any damages that arise out of the use of the same.

Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Business Terms or otherwise harmful to the Services or to Website and Mobile App users and visitors in our sole discretion. This may also preclude you from using, viewing, amending or utilising any of Your Content, the Psydro Content or any Third Party Content.

7.

RESTRICTIONS

Responsibility for Your Content

Without limiting the generality of these Business Terms, in using the Services, you specifically agree not to post or transmit any content on your business profile or engage in any activity that, in our sole discretion:

  • I.Violates any third party's rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • II.Violates those Business Terms;
  • III.Violates any applicable law;
  • IV.Threatens, harms, harasses others, or promotes discrimination;
  • V.Engages in keyword spamming, or otherwise attempts to manipulate the Website's and Mobile App's search results;
  • VI.Solicits personal information from minors or submits or transmits pornography.

Apart from that, the User agrees not to:

  • I. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Website and Mobile App or its Content.
  • II.Use any robot, spider, site or mobile app search/retrieval application in the Website or Mobile App;
  • III.Make attempts to reverse engineer any portion of the Website or Mobile App;
  • IV.Remove or modify any IP rights notice that appears on any portion of the Website or Mobile App or on any materials printed or copied from the Website or Mobile App;
  • V.Record, process, or mine information about other Users and clients;
  • VI.Attempt to gain unauthorized access to the Website or Mobile App, the User Accounts, computer systems or networks connected to the Website or Mobile App, through hacking, password mining or any other means;
  • VII.Use the Website, Mobile App or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, "Viruses").

When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of Psydro, and this action should be considered as if it was included in this clause.

8.

INDEMNITY

You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the abovementioned in connection with any claim arising out of any breach by you of any third-party intellectual property rights, these Business Terms or claims arising from your use of the Website, Mobile App and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.

9.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE OR MOBILE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, PSYDRO LTD. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE OR MOBILE APP MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE OR MOBILE APP WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.

DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. PSYDRO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE PSYDRO SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH PSYDRO, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE BUSINESS TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.

PSYDRO MAKES NO PROMISES WITH RESPECT TO ANY VIEWERS OR USERS THAT WRITE REVIEWS ON THE WEBSITE. THE REVIEWS THAT CAN BE SEEN OR WRITTEN ON PSYDRO ARE NOT IN ANY WAY PROMOTED OR ENDORSED BY PSYDRO OR ANY THIRD PARTIES. ALL REVIEWS REPRESENT THE HONEST OPINIONS OF VIEWERS, CUSTOMERS, USERS AND CONSUMERS.

PSYDRO ONLY OFFERS A PLATFORM FOR BUSINESS USERS TO LIST, ADVERTISE AND COLLECT OPINIONS OR REVIEWS ABOUT THEIR BUSINESSES. AS SUCH, PSYDRO DISCLAIMS ANY LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES. PSYDRO ALSO DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.

10.

DISPUTE RESOLUTION

You agree that any and all disputes and claims, arising out of or in connection with these Business Terms, the Website, Mobile App and the Services shall be resolved individually.

Psydro disclaims any liability for damages, including reputational, that you, as a business may suffer when using the Services. You also hereby waive all rights to claim punitive, incidental, consequential damages.

This Agreement and all rights and obligations in connection with it are governed by the laws of England and Wales. Any disputes between the Parties arising from this Agreement shall be heard and determined by the competent Courts of England and Wales.

11.

SEVERABILITY

If any of these terms, clauses or conditions are found unlawful, void, or for any reason unenforceable, then such provisions will be considered severable from the remaining Business Terms and will not affect the validity and enforceability of the remaining provisions.

12.

TERMINATION

  • I.You may terminate the Business Terms at any time by closing your User Account and deleting your business User profile on Psydro. You may also provide Psydro with a notice of termination. In that case, Psydro will delete the profile of your business and close your User Account.
  • II.We may close your User Account, suspend your ability to use certain portions of the Website or Mobile App and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your User Account, the Website, Mobile App, Your Content, Psydro Content and/or any other related information.

13.

GENERAL TERMS

  • I.We reserve the right to amend, update, or discontinue the Website and/or Mobile App at our sole discretion, at any time, with or without reason, and without notice or liability.
  • II.We may provide you with notices, including those regarding changes to the Business Terms, by email or through the Website and/or Mobile App.
  • III.Except as otherwise stated in Section 9 above, nothing in those Business Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
  • IV.The Business Terms contain the entire agreement between you and Psydro regarding the business use of the Website and Mobile App.
  • V.If any provision of the Business Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated so that the Business Terms shall otherwise remain in full force and effect.
  • VI.The section titles in the Business Terms are for convenience only and have no legal or contractual effect.

14.

CONTACT

In order to address a question, to resolve a complaint regarding the Website, Mobile App or the Psydro Services, or to receive further information regarding the Services, please contact Psydro using one of the following methods:

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