Terms and Conditions

Definitions and Interpretation

Intellectual Property

1. Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of utterONE. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.


2. Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clause 3 of these Terms and Conditions apply.

Use of Content

1. You will not use the Content of the Website for commercial purposes unless given express written permission to do so by utterONE.


2. You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by utterONE.


3. You may, as a student of a recognised Learning Establishment, use the Free Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment.


4. Employees of Learning Establishments may use the Content of the Website for teaching purposes subject to the following conditions:
   
   
   1. no further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that charge no fees for tuition; and
      
      
   2. for use in profit-making Learning Establishments, prior written consent is required. This may include, but is not limited to, private schools charging fees, universities and adult education providers.
   
   
5. Content provided in the Media Centre pages of the website is available for commercial use provided that utterONE is credited as the source of the material. See details of what “credited” means is found within the Media Centre pages.

Cashback

1. Becoming a registered user of the website entitles you to receive cashback as entitled by your membership type for all transactions started and completed within the duration of a particular membership type.


2. During the life of a transaction you may change your membership type. When the transaction is complete your cashback will be calculated at the rate of the lowest cashback rate applicable to the membership types that you held during the life of the transaction.
   
   
   1. if you are not at the highest possible level of cashback for a transaction we will endeavour to invite you to upgrade your account. Such an upgrade invitation is time limited (normally 24 hours but it may depend on the product or service). If you accept our invitation to upgrade then your new membership is made retrospective to the date and time that the initiating transaction began.
      
      
   
   
3. utterONE acts on your behalf to obtain the cashback from the Merchant. However if the Merchant fails to pay in accordance with their agreement with utterONE , then utterONE ’s liability is limited to paying out on the proportion of the cashback that we actually receive from the Merchant for your transaction.
   
   
   1. utterONE, upon your instruction may pursue the recovery of outstanding cashback via the UK legal system. All costs associated with the attempted recovery are the liability of the user.
      
      
4. The cashback payout is subject to change if the product or services eventually purchased by the user is in anyway different to the product or service that the cashback is claimed for.
   
   
   1. Example: The cashback on Service A is £200 but after meeting with the Merchant you want to take Service B, which if you had made the enquiry via utterONE for that service in the first place you would have been entitled to a cashback of £300. We will get you the £300 in most circumstances.
      
      
5. Normally utterONE will payout the cashback to you within one working week of receiving the cashback from the Merchant.
   

VAT

1. Users must indicate in the settings section of the My Account section if they are VAT registered or not. Our subscriptions include VAT at the prevailing rate in the United Kingdom.
   
   
2. Where the user is registered for VAT and is entitled to cashback for a transaction, the cashback amount indicated on the website is inclusive of VAT if applicable.

Merchant Addendums (BusinessHead membership only)

1. When you register as a Merchant with utterONE you agree to the additional terms and conditions for each of the industry sector(s) that you have registered to supply products or services for. The merchant addendum terms and conditions form part of this agreement.

Third Party Intellectual Property

Links to Other Websites

Links to this Website

Forums, chat tools or any other System on the Website

1. When using the forums, chat tools or any other System on the Website you should do so in accordance with the following rules:
   
   
   1. you must not use obscene or vulgar language;
      
      
   2. you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
      
      
   3. you must not submit Content that is intended to promote or incite violence;
      
      
   4. it is advised that posts on message boards, chat facilities or similar and communications with utterONE are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
      
      
   5. you must not post links to other Websites containing any of the above types of Content;
      
      
   6. the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
      
      
   7. you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
      
      
   8. you must not impersonate other people, particularly employees and representatives of utterONE; and
      
      
   9. you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”;
      
      
2. You acknowledge that utterONE reserves the right to monitor any and all communications made to us or using our System.
   
   
3. You acknowledge that utterONE may retain copies of any and all communications made to us or using our System.
   
   
4. You acknowledge that any information you send to us through our System or post on the forums, chat or similar may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
   
   
5. utterONE runs an affiliate program which enables us to reward you for the new members that you introduce to utterONE. Check out our program at http://www.theslice.co.uk/Affiliates.aspx?campaign=utterONE
   
   

Accounts

1. In order to access certain content on this Website and to use the forums, chat or similar facilities you are required to create an Account which will contain certain personal details which may vary based upon the type of Account that you choose. By continuing to use this Website you represent and warrant that:
   
   
   1. all information you submit is accurate and truthful; and
      
      
   2. you will keep this information accurate and up-to-date.
      
      
2. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
   
   
3. When choosing your username you are required to adhere to the terms set out above in clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
   
   

Subscriptions (SmartCookie and BusinessHead Memberships)

1. Subscription charges commence on the date that you activate your subscription. Your credit / debit card will be billed on or soon after activation and quarterly thereafter.
   
   
2. Your first payment will be at the price advertised on the Website. utterONE reserves the right to change Subscription Fees from time to time and any such changes may affect your subscription rate:
   
   
   1. increases in price will be reflected in your subscription on the date of the immediately subsequent renewal; and
      
      
   2. decreases in price will be reflected in your subscription on the date of the immediately subsequent renewal.
      
      
   For further information on subscriptions and pricing, please visit our Subscriptions page https://www.utterone.com/register.aspx
   
   
3. If you terminate your subscription or account you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription.
   
   
4. If you have subscribed in error you must inform utterONE within 24 hours of subscribing and must not use the Website or its Content during that time. If any use can be traced to your Account, no refund will be provided.
   
   
5. Any failure to process your credit/debit card due to lack of funds/ incorrect details/expired card or any other error not under utterONE control will result in your membership being immediately downgraded to the Free membership option (FreeSurfer) and any transactions in progress will only accrue Cashback at the FreeSurfer level.
   
   
6. BusinessHead Membership Only: Any failure to process your credit/debit card due to lack of funds/ incorrect details/expired card or any other error not under utterONE control will automatically result in all product and service listings being immediately removed from the website.
   
   
7. Subscriptions must be terminated at least two working days prior to subscription renewal date. Any subscriptions that are terminated less than two working days prior to subscription renewal date will be charged the current subscription rate and then terminated on the following subscription renewal date.
   
   

Termination

1. Either utterONE or you may terminate your account and (where relevant) your subscription. If utterONE terminates your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
   
   
2. If utterONE terminates your account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
   
   
3. If utterONE terminates your account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.
   
   
4. If utterONE terminates your account or subscription, you will cease to have access to Paid Content or Cashback from the date of termination.
   
   
5. If you terminate your account or subscription, you will continue to have access to Paid Content for the remainder of your subscription period as per sub-Clause 12.3.
   
   

Privacy

Disclaimers

1. utterONE makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
   
   
2. Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, utterONE makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
   
   
3. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
   
   
4. The information on this Website is not designed with commercial purposes in mind. utterONE makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
   
   
5. Whilst every effort has been made to ensure that all descriptions of services available from utterONE correspond to the actual services available, utterONE is not responsible for any variations from these descriptions.
   
   
6. Whilst utterONE uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
   
   

Availability of the Website and Modifications

1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
   
   
2. utterONE accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
   
   
3. utterONE reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
   
   

Limitation of Liability

1. utterONE liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of our breach of these Terms and Conditions shall be limited to the value of a User’s current subscription. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein, to the maximum extent permitted by law, utterONE accepts no liability. Users should be aware that they use the Website and it’s Content at their own risk.
   
   
2. Nothing in these terms and conditions excludes or restricts utterONE ’s liability for death or personal injury resulting from any negligence or fraud on the part of utterONE .
   
   
3. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
   
   

No Waiver

Previous Terms and Conditions

Third Party Rights

Communications

1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to customerservices_TaC@utterone.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
   
   
2. utterONE may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us.
   
   

Law and Jurisdiction