Terms and Conditions

1. Introduction These Terms and Conditions (“Terms”) apply to this website, https://budgetfitter.co.uk (“Website”), and to the transactions related to our products and services offered through the Website. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

2. Binding Agreement By registering with, accessing, or otherwise using this Website, you hereby agree to be bound by these Terms set forth below. The mere use of this Website implies the knowledge and acceptance of these Terms. In some particular cases, we may also ask you to explicitly agree. If you do not agree to these Terms, please do not use this Website.

3. Electronic Communication By using this Website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our Website or by sending an email to you. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

4. Intellectual Property We or our licensors own and control all of the copyright and other intellectual property rights in the Website and the data, information, and other resources (collectively, “Content”) displayed by or accessible within the Website.

4.1 All rights reserved Unless specific Content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this Website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

5. Newsletter Notwithstanding the foregoing, you may forward our newsletter in electronic form to others who may be interested in visiting our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

6. Third-Party Websites and Content Our Website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this Website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for any privacy practices or content of these third-party sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information or your reliance on the content, goods or services available on such third-party websites.

7. Responsible Use and Conduct By visiting our Website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our Website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing), or conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our Website without our express written consent.

Engaging in any activity that causes, or may cause, damage to the Website or that interferes with the performance, availability, or accessibility of the Website is strictly prohibited.

8. User-Generated Content We may provide various open communication tools on our Website, such as blog comments, blog posts, forums, message boards, ratings and reviews, and various social media services (“Communication Tools”). It might not be feasible for us to screen or monitor all content that you or others may share or submit on or through our Website (“User Content”). However, we reserve the right to review User Content and to monitor all use of and activity on our Website, and remove or reject any User Content in our sole discretion.

By posting information or otherwise using any Communication Tools, you agree that your User Content will comply with these Terms and must not:

• be illegal or unlawful, or infringe any person’s legal rights;
• be defamatory, obscene, offensive, hateful, or inflammatory;
• promote sexually explicit material or violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• infringe any copyright, database right, or trademark of any other person;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety;
• be likely to harass, upset, embarrass, alarm, or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that it emanates from us, if this is not the case; or
• advocate, promote, or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your User Content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

9. Idea Submission Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

10. Termination of Use We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the Website or any service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the Website or any Content that you may have shared on the Website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

11. Warranties and Liability Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This Website and all Content on the Website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that:

• this Website or our Content will meet your requirements;
• this Website will be available on an uninterrupted, timely, secure, or error-free basis;
• the results that may be obtained from the use of the Website will be accurate or reliable; or
• the quality of any products, services, information, or other material obtained by you through the Website will meet your expectations.

Limitation of Liability: The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our Website.

Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the Website or any products and services marketed or sold through the Website (where applicable), regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the greater of £50 (fifty pounds sterling) or the total price that you paid to us to purchase such products or services or use the Website in the preceding 12 months (if applicable). Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

12. Privacy To access our Website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date. We have developed policies to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

13. Export Restrictions / Legal Compliance Access to the Website from territories or countries where the Content or purchase of the products or Services sold on the Website is illegal is prohibited. You may not use this Website in violation of export laws and regulations of the United Kingdom.

14. Affiliate Marketing and Advertising Through this Website, we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this Website when you click on affiliate links. We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising. For a more detailed explanation of our affiliate relationships and advertising practices, please see our Disclaimer and Affiliate Disclosure.

15. Assignment You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

16. Breaches of these Terms and Conditions Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the Website, contacting your internet service provider to request that they block your access to the Website, and/or commence legal action against you.

17. Force Majeure Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

18. Indemnification You agree to indemnify, defend and hold us harmless, FozDigital LTD, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses and expenses, including reasonable legal fees and costs, relating to your violation of these Terms, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

19. Waiver Failure to enforce any of the provisions set out in these Terms and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

20. Language These Terms will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

21. Entire Agreement These Terms, together with our Privacy Statement, Cookie Policy, and Disclaimer and Affiliate Disclosure, constitute the entire agreement between you and FozDigital LTD in relation to your use of this Website.

22. Updating of these Terms and Conditions We may update these Terms from time to time. It is your obligation to periodically check these Terms for changes or updates. The date provided at the beginning of these Terms is the latest revision date. Changes to these Terms will become effective upon such changes being posted to this Website. Your continued use of this Website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms.

23. Choice of Law and Jurisdiction These Terms shall be governed by the laws of England and Wales. Any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales. If any part or provision of these Terms is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms. The other provisions will not be affected.

24. Contact Information This Website is owned and operated by FozDigital LTD. You may contact us regarding these Terms and Conditions through our Contact Us page or by writing or emailing us at: FozDigital LTD 124 City Road, London, EC1V 2NX United Kingdom Email: support@budgetfitter.co.uk