FOR THE USE OF DESKJOCK WEBSITES (Last updated May 2018)
The following terms and conditions (these "Terms") govern your use of the deskjock website (referred to as the "website") as well as the content, products, software, source code and services made available through the Site (collectively, including the Site, the "Services") by the websites's owner, deskjock ltd
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, AS THEY MAY BE MODIFIED OR AMENDED FROM TIME TO TIME BY DESKJOCK IN ITS DISCRETION. ANY SUCH AMENDMENTS TO THESE TERMS BECOME EFFECTIVE AT THE TIME THEY ARE POSTED TO THE SITE, AND EACH TIME YOU ACCESS OR USE ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AS AMENDED. IF YOU DO NOT AGREE, YOU SHOULD DISCONTINUE USE OF THE SITE AND ALL OTHER SERVICES IMMEDIATELY.
The Website is supplied by Deskjock ltd, 58 Barrington rd Altrincham Cheshre WA14 1HY United Kingdom no 08526732 firstname.lastname@example.org. In these User Terms, the words "we", "us" and "ours" refer to Deskjock.
These User Terms are deemed to include all other operating rules, policies and guidelines that are referred to herein or that we may otherwise publish on our Website (as such, rules, policies and guidelines may be amended
In the event of any conflict between the terms contained herein and those of the User Guidelines, the User Guidelines will govern and control.
By using the Website, you accept to be subject to the User Terms, including the User Guidelines. If you do not accept these User Terms, you are kindly requested not to use the Website any further. The registration as a user requires your express acceptance of these User Terms.
A. Registered User
A.1 In order to gain full access to use the Website, you must create a profile and register as a user (hereinafter referred to as "Registered User").
A.2 You are only permitted to register one profile per person on the Website. The profile is personal and you must not transfer it to others.
A.3 In order to become a Registered User, you need a password. You choose your own password, which must be used with your email address when logging onto the Website. The password is personal and you must not transfer it or in other ways make it available to others. It is your responsibility to ensure that the password does not fall into the hands of a third party. If you become aware that the password is or may have been compromised, you are obligated to inform us hereof. We can and will change the password if there is a risk that the password has been compromised or is used in violation of the User Terms.
A.4 During the registration process, if you are a business you must choose a domain. The domain will be shown on the published page and your profile name will show whenever you write or comment on reviews or produce user-generated content (see 2.1 below) on the Website.. You warrant that your domain does not infringe on any rights (including any intellectual property rights) belonging to any third party and/or pertaining to the User Terms.
A.5 We are entitled at any time, without notice and without prejudice, to delete, suspend or change your domain or profile in the event of your violation or suspected violation of these User Terms or applicable law. When deleting your domain or profile, you will no longer have access to services on the Website which require your registration and/or login as a Registered User. When deleting your domain or profile , we reserve the right to delete the user-generated content you have made on the Website.
A.6 Furthermore, we reserve the right, at any time and without notice or explanation, to delete your domain or profile and user-generated content In this case, our disclaimer applies without limitations.
A.7 You are not permitted to gain access or attempt to gain access to the parts of the Website requiring user registration if you are not a Registered User.
B. Content policies
We’ll remove content that violates any of the content policies below:
- Advertising: Don’t use reviews for advertising, such as adding links to other websites or phone numbers. Reviews should be a genuine reflection of your experience with a place - don't post reviews just to manipulate a place's ratings.
- Spam: Please don’t spam. Write a genuine report of your experience with the place. Don't include promotional / commercial content, and don't post the same content multiple times.
- Phone numbers or URLs: To help prevent advertising and spammy reviews, we don’t allow phone numbers or links to other websites in reviews. If you want to add an updated number or URL for the business you’re reviewing, use the Report a problem link to report that information instead.
- Off-topic reviews: Don’t post reviews based on someone else’s experience, or that are not about the specific place you’re reviewing. Reviews aren’t meant to be a forum for general political or social commentary or personal rants. Wrong location or the place is closed? Use the Report a problem link to report that information instead of writing a review.
- Keep it clean: Don’t use obscene, profane, or offensive language. We’ll also remove reviews that represent personal attacks on others.
- Conflict of interest: Reviews are most valuable when they are honest and unbiased. If you own or work at a place, please don’t review your own business or employer. Don’t offer or accept money, products, or services to write reviews for a business or to write negative reviews about a competitor. If you're a business owner, don't set up review stations or kiosks at your place of business just to ask for reviews written at your place of business.
- Illegal content: Don’t post reviews that contain or link to unlawful content, like links that facilitate the sale of prescription drugs without a prescription.
- Copyrighted content: Don't post reviews that infringe others' rights - including copyright. For more information or to file a DMCA request.
- Sexually Explicit Material: We don't allow reviews that contain sexually explicit material. Also, we absolutely don’t allow reviews that sexually exploit children or present them in a sexual manner. For this type of content, we'll remove the review, shut down the account, and send a report to the National Center for Missing & Exploited Children (NCMEC) and law enforcement.
- Impersonation: Don’t post reviews on behalf of others or misrepresent your identity or connection with the place you’re reviewing.
- Personal and confidential information: Don’t post reviews that contain another person’s personal and confidential information, including credit card information, government identification number, driver’s license information, etc.
- Hate Speech: We don't allow reviews that advocate against groups of people based on their race or ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity.
- Purchase date: The reviewer has to have purchased the product within the last twelve months.
C. GENERAL TERMS
C.1 The content on the Website, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software, is the property of deskjock or a third party owner (other than the Registered User) and is protected by UK or international legislation, including the UK Copyright ActIf you provide feedback, ideas or suggestions regarding the Website or the services offered on the Website ("Feedback"), we are free to fully exploit such Feedback.
C.2 Unauthorised copying, distribution, presentation or other use of the Website or part hereof is a violation of the UK and/or other legislations and may thus result in civil and criminal penalties.
C.3 To the fullest extent permitted by law, the rights to free use of the GC are transferred to us irrevocably, without any time limitation and without territorial limitations, by submitting the GC to us.
C.4 Downloading and other digital copying of the content on the Website or parts hereof are only permitted for personal non-commercial use unless otherwise agreed with us in writing or allowed under applicable mandatory law.
C.5 All company names, trademarks and other business characteristics on the Website are or will be be the property of Deskjock or a third party (other than the Registered User) and must only be used for business purposes upon prior approval from us or the third party owner, respectively.
D.1 The Website, content and services offered on the Website are provided 'as is', and we make no warranties with respect to the content or accuracy of the GC or the Website and shall not be held liable for our own or others' deletion or blockage of the GC. We may, at any time at our own discretion and without any liability, delete any content on the Website. We expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
D.2 We shall not examine or monitor GC which is published on the Website. Notwithstanding the foregoing, we may at all times investigate and edit (including anonymously) GC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for the GC's compliance with our User Guidelines.
D.3 We are not liable for the content ofGC. Our non-liability applies to any GC, including GC which has been edited by us (see D.2). We are not liable for any links to third party websites in the GC, including the content of the page to which the GC links.
D.4 Recommendations, reviews, comments, etc. of specific companies, services, e-businesses, etc. on the Website are only guidelines. We are in no case liable for the content of the Website. The use of deskjock is in any respect the sole responsibility of the Registered Users. We are not liable for the availability of the Website.
D.5 We are in no case liable for damages for the use of the Website, including (i) loss of profits, contracts, turnover, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether any of these are direct, indirect or consequential) (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential) or (iii) any indirect or consequential loss or damage whatsoever.
D.6 Nothing in the User Terms excludes or limits our liability for death or personal injury arising from negligence, nor liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
You agree to use the Services only for lawful business purposes and not for any illegal or unauthorized purpose. You shall not upload or otherwise transmit to or through the Services any viruses or other malicious software code. You will not do anything to disrupt the operation of the Services, interfere with anyone's use of it, corrupt or change the contents of the Site, damage the systems running the Services, or otherwise do harm to the Services and their normal operation. You will not access the non-public areas of the Site for any reason except as permitted by us using your deskjock login credentials. You may access Services only through the Site portals made available to you for such purpose. Accessing Services using web robots or other automated access methods is prohibited.
By creating a profile on or using any of the deskjock websites including, but not limited to www.deskjock.reviews (the "Website") you acceptthis policy for the processing of your personal data on the Website.
Collecting Information on the Website
1.1 Master data
When you create a profile on the Website, we collect the following master data: Your username, your password and your email address. The purpose of the collection of this information is to identify you as user when you log on to the Website. Furthermore, you can choose to add more information to your profile, such as your photo and demographical information.
When you make a review of a company, we collect the information you state in the review, including which company you review, which purchase(s) the review concerns, and how you evaluate the company.
You can read more about what cookies the Website uses and for what purposes below.
Disclosure of personal data
2.1 Disclosure of data on the Website
Please note that your consent to these guidelines implies that your profile on the Website may not be anonymous.
When you create a profile on the Website, your username will be available for other users of the Website.
Other information provided by you on the Website, including photos and reviews, are automatically made available for other users of the Website. In some instances, the companies you review will also receive information about your review.
When you make a contribution to the Website your approximate city location (based on your computer's IP address, see section 1.4) is made available to other users of the Website.
3.1 The information for which deskjock is the data controller
Deskjock shall be data controller of the master data you enter in connection with your creation of a profile or registration for newsletters, i.e. your name, your password and your email address, as well as registration of your IP address.
Furthermore, Deskjock shall be the data controller of the information which is disclosed to other services, cf. section 2.3. Danish data protection laws govern collection of data by Deskjock.
3.2 The information for which you are the data controller
You shall be data controller of the content you choose to disclose on the Website and for the data disclosed on your profile on Social Networks, which is the consequence of the connection of your profile on the Website with your profile on the Social Network.
3.3 Links to websites
The Website contains links to other websites. Note that by clicking such links you will be transferred to other websites for which Deskjockis not the data controller. We thus recommend that you always read the personal data policy of these websites, as their procedure for collecting and processing personal data may be different from ours.
deskjock will see to that the recorded data, including the personal information, is handled carefully and protected properly following the currently applicable safety standards. Deskjockot regularly audits its system for possible vulnerabilities and attacks. However, since the internet is not a 100% secure environment, Deskjock cannot ensure or warrant the security of information you transmit to Deskjock. Emails sent via the Website are not encrypted, and Deskjock therefore advises you not to communicate any confidential information through these means
5.1 What is a cookie and similar technologies?
Cookies are small information units which the Website places on your computer's hard disk, on your tablet or on your smartphone. Cookies contain information that the Website uses to make the communication between you and your web browser more efficient. The cookie does not identify you as an individual user but identifies your computer.
There are two types of cookies - session cookies and persistent cookies. Session cookies are temporary bits of information which are deleted when you exit your web browser. Persistent cookies are more permanent bits of information that are stored and remain on your computer until they are deleted. Persistent cookies delete themselves after a certain period of time but are renewed each time you visit the website.
The Website uses session cookies and persistent cookies.
We use similar technologies for storing and accessing information in the browser or device which utilizes local units and local storage, such as HTML 5 cookies, Flash and other methods. These technologies can operate across all your browsers. In some cases, the use of these technologies cannot be controlled by the browser, but requires special tools. We use these technologies to store information to ensure the quality of reviews and to spot irregularities in the use of the Website.
"We do not store credit carddetails nor do we share customer details with any 3rd parties" all payments are taken through PayPal
Refund / Cancellation Policy there is no contract period unless through prior arrangement and so you can terminate our agreement at any point
Any refund will be sent within one month and by prior contract agreement
Any further questions please contact email@example.com
F. Ownership of Services
Deskjock is only providing you with the right to access and use the Services. Deskjock retains sole and exclusive ownership of and all right, title, and interest in and to the Services (including ownership of all trade secrets, trade dress, copyrights, and other intellectual property interests pertaining to the Services, but not including Your Content or Visitor Data) and to all modifications and enhancements of the Services, subject only to the rights and privileges expressly granted to you under these Terms. In addition, the Services are presented with a distinctive "look and feel," and this "look and feel" is the proprietary property of deskjock. Deskjock reserves all rights in and to the Services not expressly granted under these Terms.
The Services are protected by uk copyright laws and international treaty provisions. You may not use, copy, modify, or distribute the Services (electronically or otherwise), including the source code for any portion of the Services, or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by us in writing. You may not modify, reverse engineer, disassemble, decompile, translate, create derivative works from, or otherwise alter the Services. You may not transfer, lease, assign, rent, or sublicense the rights granted to you under these Terms, or make the Services available for the use of others through your User ID. You may not use any portion of the Services or any standalone utility provided for use with the Services for any purpose other than its intended purpose.
You shall not remove, modify or copy any deskjock or third party trademarks accessed through the Site or incorporated into Programs. All third party marks are the properties of their respective owners and may be used by you only in connection with use of the Services and for no other purpose whatsoever.
The website and any Services may be modified, revised, suspended or discontinued in whole or in part, either temporarily or permanently, with or without notice, in our discretion. No resale, sale or use for commercial purposes of any portion of the Services is authorized or permitted
G. Third-party content
We assume no responsibility or make any representation or warranty with respect to websites or services owned and operated independently by third parties (including but not limited to our partners or affiliates) which may be accessed by you or Users through links on the Site or Program interfaces or otherwise from the Services.
THE SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR ERRORS. NOT ALL MESSAGES SENT THROUGH THE SERVICES WILL BE RECEIVED BY OR WILL BE CAPABLE OF BEING VIEWED BY THEIR INTENDED RECIPIENTS. MESSAGES MAY BE INTERRUPTED OR CORRUPTED DURING TRANSMISSION. OUR SYSTEMS MAY NOT PREVENT THE CORRUPTION OR LOSS OF YOUR CONTENT OR VISITOR DATA. THE SERVICES MAY NOT BE COMPATIBLE WITH YOUR COMPUTER SYSTEMS OR ACCESSIBLE TO ALL VISITORS OR THROUGH ALL YOUR WEBSITES. WE ASSUME NO LIABILITY FOR SUCH INCIDENTS OR CONDITIONS. ALL SERVICES, INCLUDING BUT NOT LIMITED TO SITE CONTENT AND PROGRAMS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, SOCIALTWIST MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (II) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
I. LIMITATION OF LIABILITY
EXCEPT FOR CLAIMS OF A NATURE THAT APPLICABLE LAW DOES NOT PERMIT TO BE MADE SUBJECT TO THE WITHIN LIMITATIONS, DESKJOCK, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY KIND RELATING TO YOUR USE OF THE SERVICES. FURTHERMORE, EXCEPT FOR CLAIMS OF A NATURE THAT APPLICABLE LAW DOES NOT PERMIT TO BE MADE SUBJECT TO THE WITHIN LIMITATIONS, THE MAXIMUM LIABILITY OF SOCIALTWIST, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL PURCHASE PRICE PAID BY YOU FOR SERVICES WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF CLAIMS OR DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL LIABILITIES.
- This agreement forms part of the Agreement in place between the Customer and deskjock and reflects the Parties' agreement with regard to the processing of personal data.
- deskjock acts as a data processor for the Customer, as deskjock processes personal data for the Customer
- The personal data to be processed by deskjock concerns the categories of data, the categories of data subjects and the purposes of the processing
- "Personal data" means any information relating to an identified or identifiable natural person, see article 4(1) of Regulation (EU) 2016/679 of 27 April 2016 (the General Data Protection Regulation "GDPR").
K. Processing of Personal Data
- Instructions: deskjock is instructed to process the personal data only for the purposes of providing the Services deskjock may not process or use the Customer's personal data for any other purpose than provided in the instructions, including the transfer of personal data to any third country or an international organisation, unless deskjock is required to do so according to Union or member state law. In that case, deskjock shall inform the Customer in writing of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
- If the Customer in the instructions or otherwise has given permission to a transfer of personal data to a third country or to international organisations, deskjock must ensure that there is a legal basis for the transfer, e.g. the EU Commission's Standard Contractual Clauses for the transfer of personal data to third countries.
- If Deskjock is of the opinion that an instruction from the Customer is in violation of the GDPR, or other Union or member state data protection provisions, deskjock shall immediately inform the Customer in writing about this.
- If deskjock is subject to legislation of a third country, deskjock declares not to be aware of the mentioned legislation preventing deskjock from fulfilling the agreement, and that deskjock will notify the Customer in writing without undue delay, if deskjock becomes aware of that such hindrance is present or will occur.