1.1. These Terms and Conditions ("the Terms and Conditions") govern your ("the Member") use of the Xpatulator.com® ("Provider") website located at the domain name www.xpatulator.com ("the Website").
1.2. By accessing and using the Website, you, the Member, agree to be bound by the terms and conditions that are set out in this notice. If you do not wish to be bound by these terms and conditions, then you may not access, display, use, download and/or otherwise copy or distribute any of the content or information provided in this Website.
1.3. Whilst every effort is made to ensure that the information provided on the Website is current and accurate, the Website and all Content on the Website, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors. The Provider does not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of such information in the Website.
1.4. The Provider furthermore, shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including inter alia, data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of the information provided. The Provider cannot assume any obligation or responsibility.
1.5. The Member agrees that use of this website is for lawful purposes only and cannot be used for any unlawful purpose, including inter alia: the commission of a criminal offence; to gain unauthorised access to other computer systems; or for the transmission of unlawful material.
1.6. The Provider reserves the right to:
1.6.1. modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to the Member and the Member confirms that the Provider shall not be liable to the Member or any third party for any modification to or withdrawal of the Website; and/or
1.6.2. change these Terms and Conditions from time to time, and the Members continued use of the Website (or any part of) following such change shall be deemed to be the Members acceptance of such change. It is the Member's responsibility to check regularly to determine whether the Terms and Conditions have been changed. If the Member does not agree to any change to the Terms and Conditions then he/she/it must immediately stop using the Website.
1.6.3. The provider will use its reasonable endeavours to maintain the Website. The Website is subject to change from time to time. The Member will not be eligible for any compensation due to the fact that such Member cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond the Provider's control.
2. Types of Members
2.1. The Provider distinguishes between two Members namely
2.1.1. "The Visitor": may visit the Website without registering as a Member or providing any personal information to the Provider. Such Member will only be entitled to very limited information and content that is accessible on the Provider's homepage
2.1.2. "The Registered Member": will register and provide personal information to theProvider. Such Member will be entitled to view location overviews and purchase credits to run premium content reports using any of the available locations,which information will be accessible by the Member thereafter. The pricing and how it works is contained in the Provider's homepage.
3. Registration of Members
3.1. For the purposes of this clause the Members as referred to in clause 2.1.2 above shallbereferred to as "the Member(s)".
3.2. In order to register the Member must either be:
3.2.1. a natural person who has attained the age of majority; or
3.2.2. a juristic person duly represented by a natural person.
3.3. By registering, the Member warrants that:
3.3.1. in the case of a natural person that he/she has attained the age of majority; and
3.3.2. in the case of a juristic person that the natural person who registers on behalf of the juristic person is duly authorised to do so.
3.4. Members will be requested to complete an online registration form, which shall require the Member to provide personal information to the Provider.
3.5. Such online registration form must be completed by the Member and the personalinformation requested must be both accurate and current.
3.6. Should at any time such personal information change, the Member must advise the Provider accordingly.
3.7. The Provider shall not provide any information to the Member without the onlineregistration form being completed in full.
3.8. The Member will be asked to provide details of either a credit/debit or charge card. The Member warrants that he/she is fully entitled to use the card and that he/she has sufficientfunds to cover the charges which are deducted from it.
3.9. The personal information received by the Provider from the Member will be kept in thestrictest confidence by the Provider and not made known to third parties.
3.10. The Provider undertakes that it has taken all reasonable precautions to secure the credit/ debit or charge card processing that is carried out to receive payment. The Provider cannot be held responsible for security breaches occurring on the Member's electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware thatthe Member may inadvertently have installed on his/her device.
3.11. The Member understands that he/she/it will only be a registered Member once the Member receives an e-mail confirmation of registration.
3.12. Upon confirmation of registration and payment for credits, the Member accepts the membership without the option of a refund unless, in the Providers sole and absolute discretion, determines that the Member has not in any way used any or all of the servicesit is entitled to as a Member and furthermore, the Member withdraws his/her/its registration.
3.13. Should a refund be applicable, the Member understands that refunds will be in the formof credits. No cash refunds are payable.
3.14. During the membershipthe Provider may require payment of fees for credits, either to theprovider itself or to a nominated third party of the Provider. In the event of this taking place additional terms may be provided to the Member by the third party.
4. Member Conduct
4.1. The Members agree not to transmit any material on the website that is unlawful or harmful, defamatory, abusive, threatening, vulgar or obscene, inaccurate, false, misleading to either the Provider, Member or third party. The Member remains liable to any third party for his/her comments, and the Provider is not liable to any third party regarding the content of the Members comments.
4.2. The Provider has the right, but not the obligation, to monitor any activity and content associated with the Website. The Provider may investigate any reported violation of these Terms and Conditions or complaints and take any action that the Provider deems appropriate.
4.3. The Provider reserves the right not to use information provided to them or to remove any objectionable or in the Providers view inaccurate information, at its discretion, withoutnotice.
4.4. The Member agrees to:
4.4.1. Take responsibility for all acts that occur under his/her/its account;
4.4.2. Maintain the confidentiality of his/her/its password and login identity;
4.5. The Member agrees not to:
4.5.1. Transmit information/ material that goes against the provisions of clause 4.1 above;
4.5.2. Access the information/ material from the website for his/her/its own commercial gain;
4.5.3. Send spam/junk e-mail to the Providers Members or solicit the Members to promote othersites or for other commercial purposes.
5.1. No Permanent Cookies The provider does not make use of any permanent cookies on its Website. For additional protection however, the Provider suggests to Members who use shared computers that they do not accept the "remember password" setting when prompted by the browser software used by the Member.
5.2. Web Server Logs The Provider collects IP addresses and web browser information via Web Server Logs to analyse and predict trends on its Website to gather generalised demographic information, and to administer the Website. Any information gathered by the Provider is not linked to personally identifiable information.
5.3. Advertising The provider takes advertising from third parties. These third parties may set cookies through their adverts. These cookies are not the responsibility of the provider.
5.4. E-mail Newsletters and Promotional E-mails Members have the option to subscribe to these services when they complete the Providers online registration forms. All emails sent from the provider contain unsubscribe instructions. This is normally achieved automatically by clicking on a link provided at the footer of the email.
5.5. Competitions and Surveys Participation in these events is entirely voluntary and the Member can choose what information they wish to disclose. Survey analysis will result in generalised, non-personally identifiable results being published on the Providers Website.
6. Links and Linking
6.1. External Links This Website provides links to other Websites. The fact that the Provider has such links must not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information and content provided by the external link is done so atthe Members risk. Third party advertising and promotional material may be displayed on the site from time to time, and the display of such material should not be construed as the Provider endorsing or creating any relationship between the Provider and that third party. Reliance on any such promotional or advertising material is entirely at the Members risk.
6.2. Linking Any third party wishing to link the website to their website must obtain permission from the Provider by directing such request to the webmaster and permission may be granted on terms and conditions agreed.
7. Limited License to Members
7.1. The Provider grants to the Member, subject to the Terms and Conditions herein, a non- exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
7.2. This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of the Provider. The license does not allow the Member to collect product or service listings, descriptions or other information displayed here, and does not allow anyderivative use of this Website or the Content for the benefit of another merchant. The Member may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider.
7.3. The Provider reserves the right to refuse service, terminate accounts, remove or edit content, or cancel membership (without refund) in their sole and absolute discretion.
The Provider retains copyright in the Website and all current and future content that is displayed on the website which is not owned by third parties.