Terms and conditions

Terms and conditions

Updated: 25/04/2018

Introduction

You are reading a legal document which is the agreement between you, the User (whom we refer to as “you”, “your” or the “User” in this document) and us. You are agreeing to the terms of use that appear below, all of which are called the “Agreement”. We are OFFiGO and we are the operator of this Site, and provider of a range of services related to the Site. We refer to ourselves as “OFFiGO”, “we”, “us” or “our” in this document.

  1. Purpose

Our mission at OFFiGO is to connect businesses with other local: businesses, authorities, charities, residents and visitors. We want to help businesses be discovered locally and digitally.

  1. What we do

To achieve our mission, we have made number of services available: A website, mobile application(s) and a developer platform. These services help you and thousands of others to: exchange ideas, learn/discover new things, find opportunities, search for employees and build a network of business professionals.

  1. Scope and intent

By registering on OFFiGO or by using our website(s), any of our services or other information provided as part of OFFiGO services (collectively “OFFiGO” or the “Services”) you agree that you are entering a legally binding agreement. Based on the terms of this OFFiGO User Agreement and the OFFiGO privacy policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become an OFFiGO user (“User”).

If you are using OFFiGO on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement.

By becoming a user, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all its provisions.

If you do not want to become a User, please: do not conclude the Agreement, do no click “Join, sign up or register with OFFiGO” and do not access, view, download or otherwise use any OFFiGO web page, information or services.

Please note that the OFFiGO User Agreement and Privacy Policy are also collectively referred to as OFFiGO “Terms of Service.”

 

Your obligations

  1. Applicable laws and this Agreement

You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advanced notice, and the policies and processes explained in the following sections:

 

  • DOs and DON’Ts;
  • Complaints Regarding Content Posted on the OFFiGO Website
  • The OFFiGO Privacy Policy.
  • License and warranty for your submissions to OFFiGO
  • Creating blog posts
  • Creating advert posts
  • Creating job posts

You own the information you provide OFFiGO under this Agreement and may request from us its deletion at any time.

 Additionally, you grant OFFiGO an exclusive, irrevocable, worldwide, perpetual, assignable, sub licensable, fully paid and royalty-free right to us to any information you provide, directly or indirectly. This means that we can: copy, prepare derivative works of, improve and distribute it without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss.

By providing information to us, you represent and acknowledge that the information is: accurate, not confidential, and not in violation of any contractual restrictions or other third-party rights.

It is your responsibility to keep your OFFiGO profile, adverts, jobs, blogs and any other information shared as accurate as possible and updated.

 

  1. Eligibility

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you:

  • are 16 years of age or older;
  • are not currently restricted from the Services, or not otherwise prohibited from having a OFFiGO account;
  • are not using the Services for malicious reasons or for reasons that are in competition with OFFiGO;
  • will only maintain one OFFiGO account at any given time;
  • have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
  • will not violate any rights of OFFiGO, including intellectual property rights such as copyright or trademark rights;
  1. Account responsibilities

You must agree to:

  • Keep your password secure and confidential;
  • not permit others to use your account;
  • refrain from using other Users’ accounts;
  • refrain from selling, trading, or otherwise transferring your OFFiGO account to another party; 
  • refrain from charging anyone for access to any portion of OFFiGO. Further, you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own.

To close your account, please contact us through your account support options requesting for your account to be closed down.

  1. Indemnification

You indemnify us and hold us harmless for all damages, losses and costs (including, but not exclusive to, reasonable attorneys’ fees and costs) related to all third-party claims, charges, and investigations, caused by any activity in which you engage on or through OFFiGO and any of our services.

  1. Payment

If you purchase any services that we offer for either a one-time fee or a subscription service, you agree to OFFiGO storing your payment card information if applicable. You also agree to pay the applicable fees for the subscription Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts or payments not received.

 All fees and charges are non-refundable and there are no refunds or credits for partially used periods.

You may cancel your Premium Services by contacting us through your account support options

  1. Notifications

We may send you administrative and promotional emails. We may also send you information regarding your Account activity and purchases, as well as updates about our Site and Services or other promotional offers. We may also send you information regarding purchases you’ve made.

You also agree that OFFiGO may communicate with you through your OFFiGO account or through other means including telephone or delivery services including the Postal Service about your OFFiGO account or services associated with OFFiGO.

  1. Mobile services

OFFiGO may offer the Services through mobile applications created by it or third-party developers. If you use the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not exclusive to your mobile carrier, your mobile device, or your physical location.

In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Services using a mobile device, you represent that to the extent you import any of your OFFiGO data to your mobile device that you have the authority to share the transferred data with your mobile carrier or another access provider.

 In the event you change or deactivate your mobile account, you must promptly update your OFFiGO account information to ensure that your messages are not sent to the person that acquires your old number or phone as failure to do so is your responsibility.

  1. Privacy

You should carefully read our full Privacy Policy before deciding to become a User as it governs our treatment of any information, including personally identifiable information you submit to us.

 

 

Your Rights

  1. If you follow all obligations under this Agreement, we grant you an OFFiGO, revocable, exclusive, non-assignable, non-sublicensable right to access through a generally available web browser or mobile device.

 Any other use of OFFiGO contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from OFFiGO commercially unless expressly authorised by OFFiGO) is strictly prohibited and a violation of this Agreement.

 We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in OFFiGO and all related items.

 

Our Obligations and Rights

  1. Services availability

For as long as OFFiGO continues to offer the Services, OFFiGO shall provide and seek to update, improve and expand the Services.

We allow you to access OFFiGO as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement.

We may modify, replace, refuse access to, suspend or discontinue OFFiGO, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion.

OFFiGO further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by OFFiGO to be contrary to this Agreement.

  1. Third parties

OFFiGO may include links to third party web sites and elsewhere.

OFFiGO also enables Platform Developers to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by OFFiGO.

You are responsible for evaluating whether you want to access or use a Third-Party Site or Platform Application. You should review any applicable terms and/or privacy policy of a Third-Party Site or Platform Application before using it.

OFFiGO is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. OFFiGO also does not screen, audit, or endorse Platform Applications.

When you download and use Third Party Sites or use Platform Applications, you do so at your own risk.

  1. Disclosure of User Information

You are solely responsible for your interactions with other Users.

OFFiGO may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services.

OFFiGO reserves the right, but has no obligation, to monitor disputes between you and other members. In doing so we may restrict, suspend, or close your account if OFFiGO determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

OFFiGO creates business profiles, adverts and listings on behalf of the business in order to save their time and to help their businesses be discovered locally. All businesses can claim ownership of the account by contacting us. They can also request from us the removal of their account from the OFFiGO website. Any data that we use to create our posts is sourced from the public domain and is used, stored and handled responsibly.

  1. Disclaimer

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

DO NOT RELY ON OFFiGO, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR OFFiGO AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY OFFiGO OR ANYTHING RELATED TO OFFiGO YOU MAY CLOSE YOUR OFFiGO ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

OFFiGO IS NOT RESPONSIBLE AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH OFFiGO TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.

OFFiGO DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS; THEREFORE, OFFiGO DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

OFFiGO DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. The OFFiGO DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, OFFiGO DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE OFFiGO SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON

  1. Limitation of Liability

Neither OFFiGO nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“OFFiGO Affiliates”) shall be liable for:

  • any damage, if any, or £0 (ZERO POUNDS), whichever amount is greater;
  • any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of any OFFiGO services.

This limitation of liability shall:

  • Apply regardless of whether:
    1. you base your claim on contract, tort, statute or any other legal theory;
    2. we knew or should have known about the possibility of such damages;
    3. OFFiGO remedies provided in this section fail of their essential purpose;

 

  • Not apply to any damage that OFFiGO may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
  • Not apply if you have entered into a separate agreement to purchase Subscription Services with a separate Limitation of Liability provision that supersedes this section in relation to those Subscription Services.
  1. General Data Protection Regulation – GDPR

At OFFiGO we strive to fully comply with the GDPR regulations set on 25/05/2018. We have put procedures and policies in place to assure that all of our data is stored and handled in a way that abides to the GDPR regulations set by the EU.

Termination

  1. Mutual rights of termination

You may terminate this Agreement, for any or no reason, at any time, with notice to OFFiGO at through your My account support options.

OFFiGO may terminate the Agreement for any reason, at any time, with or without notice.

This cancellation shall be effective immediately or as may be specified in the notice.

 To avoid doubt, only OFFiGO or the party paying for the services may terminate your access to any subscription Services.

  1. Effect of termination

Upon the termination of your OFFiGO account, you lose access to the Services.

 In addition, OFFiGO may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users

 

General Terms

  1. Severability

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

  1. Language.

Where OFFiGO has provided you with a translation of the English language version of this Agreement, the Privacy Policy, and/or any other documentation.

You agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with OFFiGO.

 

  1. Notices and Service of Process.

In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via postings on the website at www.offigo.co.uk. You may contact us via email at:

support@offigo.co.uk.

 Or via mail or courier at:

OFFiGO, Phoenix House, 283 Church St, Blackpool FY1 3PG United Kingdom.

Additionally, OFFiGO accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

OFFiGO Do’s and Don’ts

As a condition to access OFFiGO, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:

Do undertake the following:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
  2. Provide accurate information to us and update it as necessary;
  3. Review and comply with our Privacy Policy;
  4. Review and comply with notices sent by OFFiGO concerning the Services; and
  5. Use the Services in a professional manner.

 

Don’t undertake the following:

  1. Act dishonestly or unprofessionally by engaging in unprofessional behaviour by posting inappropriate, inaccurate, or objectionable content to OFFiGO;
  2. Duplicate, license, sub license, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on OFFiGO (excluding content posted by you) except as permitted in this Agreement, or as expressly authorized by OFFiGO;
  3. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services or any part thereof;
  4. Include information in your profile or elsewhere, except in designated fields, that reveal your identity or sensitive personal information such as an email address, phone number or address that is confidential in nature;
  5. Create a profile for anyone other than the person or business you have authority to do so
  6. Utilise information, content or any data you view on and/or obtain from OFFiGO to provide any service that is competitive, in OFFiGO sole discretion, with OFFiGO;
  7. Imply or state, directly or indirectly, that you are affiliated with or endorsed by OFFiGO unless you have entered into a written agreement with OFFiGO (this includes, but is not exclusive to representing yourself as an accredited OFFiGO trainer if you have not been certified by OFFiGO as such);
  8. Adapt, modify or create derivative works based on OFFiGO or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under the OFFiGO developer program;
  9. Rent, lease, loan, trade, sell/re-sell access to OFFiGO or any information therein, or the equivalent, in whole or part;
  10. Deep-link to the Site for any purpose, (i.e. including a link to an OFFiGO web page other than The OFFiGO home page) unless expressly authorised in writing by OFFiGO or for the purpose of promoting your profile or adverts on OFFiGO.
  11. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
  12. Use bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through OFFiGO -sanctioned tools such as its application programming interfaces or its own services or integrations with other, partner services;
  13. Access, via automated or manual means or processes OFFiGO, for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
  14. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the OFFiGO website;
  15. Attempt to access OFFiGO by any means other than through the FRONT-END www.offigo.co.uk interfaces provided by OFFiGO;
  16. Attempt to override any security component included in or underlying OFFiGO;
  17. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not exclusive to unsolicited communications to other Users or OFFiGO personnel, attempts to gain unauthorized access or transmission or activation of computer viruses;
  18. Remove any copyright, trademark or other proprietary rights notices contained in or on OFFiGO, including those of both OFFiGO and any of its licensors;
  19. Remove, cover or otherwise obscure any form of advertisement included on OFFiGO;
  20. Harass, abuse or harm another person, including sending unwelcomed communications to others using OFFiGO;
  21. Collect, use or transfer any information, including, personally identifiable information obtained from OFFiGO except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
  22. Share information of non-Users without their express consent;
  23. Interfere with or disrupt OFFiGO, including any servers or networks connected to OFFiGO;
  24. Invite people you do not know to join your network;
  25. Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo;
  26. Use or attempt to use another’s account without authorisation from the Company, or create a false identity on OFFiGO;
  27. Infringe or use The OFFiGO brand, logos and/or trademarks, including, without limitation, using the word “OFFiGO” in any business name, email, or URL or including OFFiGO trademarks and logos except when permitted by OFFiGO;
  28. Upload, post, email, InMail, transmit or otherwise make available or initiate any content that:
  29. Falsely states, impersonates or otherwise misrepresents your identity, including but not exclusive to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
  30. Is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable;
  31. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided on OFFiGO
  32. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  33. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
  34. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes to (a) using OFFiGO invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using OFFiGO to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
  35. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of OFFiGO or any User of OFFiGO;
  36. Forges headers or otherwise manipulate identifiers to disguise the origin of any communication transmitted through the Services; and/or
  37. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.

 

Complaints Regarding Content on The OFFiGO Website

We have built OFFiGO to help you be a more successful professional and to help professionals succeed and help consumers find information shared locally in an open and safe manner. To achieving this purpose, we encourage our Users to share truthful and accurate information.

We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate, non-abusive, non-threatening and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, OFFiGO provides a process for submission of complaints concerning content.

Creating Business Profiles

All business subscribers have access create their own business profile.

DO:

  • Provide thorough and relevant detail about your business, including: location, opening times, business description etc;
  • Assure all information is correct and true;
  • Assure information is updated as soon as possible to keep it current and up to date.;
  • Include reasons positives about your business to attract customers;
  • Provide relevant contact information such as: phone number, email address, website.

DON’T:

  1. Include false information about your business;
  2. Include any discriminative or offensive comments;
  3. Write anything intended to mislead the reader;
  4. Create business profiles for any business other than the business that you are associated with.

 

Creating Blog Posts

All business subscribers have access to the create a blog post from my account business user area.

DO:

  1. Write articles of interest relevant to your business or industry sector, which the reader will appreciate the content and relate your business as the contributor of knowledge in the industry;
  2. Share success stories about company growth, celebratory events, award winning activities etc;
  3. Write articles relating to a national trend with a local view;
  4. Write articles of importance relating to changes of law so the readers are aware of changes and how it affects them;
  5. Add your business and profile or website link as the creator or the content at the bottom of the post.

 

DON’T:

  1. Write articles that are direct sales message aimed at the consumer to buy a service or product;
  2. Add adverts, advertising images or links to advertising;
  3. Write articles that are self-promoting all about the business, completely aimed at the reader as a sales message;
  4. Write articles without fact or intending to mislead the reader;
  5. Write inflammatory articles about other businesses or individuals with the intent to discredit, misrepresent or harm an others reputation;
  6. Discriminate against others or messages of hate.

Any adverts promoted for public viewing must adhere to the terms and conditions set out on this page.

Creating Adverts

All business account holders have access to the create adverts section on the OFFiGO website.

DO:

  1. Create interesting and gripping adverts that will attract a customer;
  2. Assure that all details on the advert are factually correct, including time, date, location and prices;
  3. Add your business and profile or website link as the creator or the content at the bottom of the post.

 

DONT:

  1. Spam multiple posts of the same advert;
  2. Create adverts for event on behalf of other businesses;
  3. Include false information in your advert post;
  4. Write adverts without fact or intending to mislead the reader.

Any adverts promoted for public viewing must adhere to the terms and conditions set out on this page.

 

Creating Job Posts

DO:

  1. Provide proper, thorough and factually correct information about the job post;
  2. Include a good job description and information about the business and role;

 

DON’T:

  1. Be discriminative against certain groups of people;
  2. Spam posts for the same job advert;
  3. Create speculative jobs or training posts to gain interest from readers were there are not actually positions available
  4. Promote jobs on behalf of other companies.

OFFiGO – Phoenix House, 283 Church St, Blackpool FY1 3PG