1 Our service
The service made available by us (the "Service") is provided by Opinew Limited, a company registered in Scotland with company number SC515918 ("we", "our", "us"). Our registered office address is Flat 6/18, 220 Wallace Street, Glasgow, Scotland, G5 8AL, United Kingdom. Our VAT registration number is GB340221752.
2 Our Service
2.1 Our Service is a facility which assists you in integrating customer reviews for your goods and services, posted elsewhere, into the websites and apps where you list those goods and services for sale. It is also a facility which you can use to request reviews from customers for your goods and services. We refer to these reviews in these terms as “Customer Reviews”, and the person responsible for providing the Customer Review as the “Reviewer”. We refer to any source from which a Customer Review is acquired as a “Third Party Source”.
2.2 Our Service allows you to import Customer Reviews provided and/or posted upon Third Party Sources, and facilitates the transmission of Customer Reviews between Reviewers and you. Our Service is not a platform upon which Customer Reviews may be posted, and we do not hold or store Customer Reviews. We do not review or edit Customer Reviews.
2.3 These terms set out how you may use our Service, what we will do, what we won't do, and what you are obliged to do in relation to your use of the Service. These terms also set out limitations of our liability in respect of Customer Reviews, Reviewers and Third Party Sources.
2.4 As we do not hold or store, or review or edit, Customer Reviews, we are not liable for the content of Customer Reviews, to Reviewers, to Third Party Sources, or for any other matter concerning Customer Reviews, Reviewers or Third Party Sources, including where the Customer Reviews are false, not truthful, made fraudulently, inaccurate, defamatory, or where they contain material the publication of which is unlawful or which infringes any person’s rights.
2.5 We are liable only where we have failed to do something we have expressly stated that we will do in these terms, and then only subject to the limitations set out in these terms.
2.6 When you import Customer Reviews to your website or app, you import those directly from the Third Party Source and from the Reviewer themselves. Your rights to import and use those Customer Reviews are governed by the terms made available upon or in relation to that Third Party Source, and your rights and obligations under law in relation to the Reviewer. We have not considered those terms, or those rights or obligations, and we do not warrant, guarantee or represent that your use of those Customer Reviews is permitted, or will not result in your infringing any applicable law or right of any person (including any Reviewer or Third Party Source). By using our Service, you assume all responsibility and liability for your use of Customer Reviews, and to Reviewers and Third Party Sources. You indemnify and shall keep us indemnified against all liability arising from such use.
2.7 By using our Service you agree to abide by these terms.
2.8 These terms may also be enforced by Reviewers and Third Party Sources against you. We may disclose your contact details to Reviewers and Third Party Sources, to facilitate settlement of any disputes they may have with you. In the case of disputes you must abide by any settlement procedures referred to in these terms.
2.9 For the purposes of these terms, our Service includes the services made available via the websites linked to the following domain names, and the apps made available by us under the following names through the following platforms: Opinew, https://opinew.com/
2.10 You should read these terms carefully before seeking to use our Service, as they create binding legal obligations upon you. If you do not understand any part of them please let us know using the contact details set out below. If you do not agree with or accept any of these terms, you should not use our Service.
2.11 Please note that we may update our terms from time to time, so if you revisit our Service at a later date you should check these terms again at that time to make sure you have seen the current version.
2.12 If you have any questions about our Service or these terms, including if you don't understand any part of these terms, please contact us:
2.12.1 by e-mail at email@example.com;
2.12.3 by post at Suite 2, Ground Floor, Orchard Brae House, 30 Queensferry Road, Edinburgh, Scotland, EH4 2HS .
2.13 We will endeavor to respond to you promptly. Please note that our email and telephone facilities are monitored only during the hours of 0930 to 1630 UK time (excluding weekends, public and bank holidays in Scotland).
2.14 Please also note that we may record calls and keep a record of correspondence to enable us to properly manage our Service, to deal with your query, and for quality and training purposes.
2.15 These terms are available only in English. No other languages will apply to these terms.
2.16 When using our Service you also agree to be legally bound by:
All of the above documents form part of these terms as though set out in full here.
3.1 Below, we set out how a legally binding contract is made between you and us.
3.2 When you register to use our Service using the procedures on our websites and apps, a contract between you and us is concluded, upon these terms. Once contracts are concluded they cannot be cancelled or terminated except as set out in these terms, or otherwise as permitted by applicable law. These terms constitute the entire agreement between you and us relating to the Service to the exclusion of any other terms that you seek to impose or incorporate (whether referenced or contained in any correspondence between you and us, or otherwise), or which are implied by trade, custom, practice or course of dealing.
3.3 Where you apply to register to use our Service this constitutes an offer by you to us to use our Service. Offers may be accepted or declined by us in our sole discretion, for whatever reason we determine, and we may not proceed to allow you to register to use our Service.
3.4 You are required to provide us with certain information when registering to use, and whilst using, our Service. The information you provide must be true, accurate, complete and correct. Please read and check any information you provide before submitting it. You must keep information provided through our Service up to date. If you need to correct any errors or update any information you can do so using the facilities made available through our Service.
3.5 Communication via the internet is not secure. While we try to make sure that the Service is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be remain confidential, for example during its transmission to us.
3.6 We may terminate or suspend your use of the Service at our discretion. This will generally be for the following reasons:
3.6.1 we cannot authorise your payments due to us;
3.6.2 a Reviewer or a Third Party Source has made, or appears likely to raise, a claim arising from your use of the Service that their rights have been, or are likely to have been, infringed;
3.6.3 the information given to us is incorrect, or has become incorrect;
3.6.4 you are not allowed to use our Service under or pursuant to applicable law;
3.6.5 you have breached these terms; or
3.6.6 we believe you may breach these terms.
4 Age, territory and other restrictions
4.1 Our Service is open to persons over eighteen (18) years old. Our Service operates in accordance with UK laws. If you are under eighteen (18) please do not use or attempt to register for our Service. If you access the Service from locations outside the UK, you are responsible for compliance with local laws which relate to your accessing this Service, where they are applicable.
4.2 Our Service is not open to consumers (persons acting other than in the course of their business). If you are accessing our Service as a consumer (other than as part of your business) then please do not attempt to register for or use our Service.
4.3 We may ask you for various information to allow us to verify your identity, age and entitlement to use our Service, when registering to use our Service.
4.4 You shall be solely responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (“Equipment”). You shall also be solely responsible for maintaining the security of the Equipment, and any accounts, passwords (including but not limited to administrative and user passwords) and files associated therewith.
4.5 You shall also be solely liable and responsible for all uses of the Equipment and, via your registration, all uses of the Services with or without your knowledge or consent.
5 Customer Reviews, Reviewers and Third Party Sources
5.1 We may refuse to interact with, or restrict interaction with, any Customer Review, Reviewer or Third Party Source in our sole discretion for any reason.
5.1 If you receive a complaint, claim or allegation of liability in relation to a Customer Review, and/or from a Reviewer or Third Party Source (a “Complaint”), you must let us know immediately, by email to firstname.lastname@example.org. Where we receive Complaints we may or may not let you know, depending on the nature of the Complaint.
5.2 We may take such action as we deem necessary and expedient in relation to Complaints. Such action may include suspension, termination or restriction of your use of the Service. If we request you to take any action in relation to the Complaint, for example by removing Customer Reviews, you must take such action promptly upon receipt of our request.
6.1 We may charge for the use of our Service. You must register to use our Service. We may levy a registration charge. We may charge a transaction fee for the use of credit cards in relation payment of charges to us.
6.2 Details of our charges are set out upon our charges page https://www.opinew.com/dashboard/plans-billings. You are liable to pay us these charges for using our Service. Charges may attract value added tax, tariffs, duties and other levies, which will be payable to us by you in addition to the charges.
6.3 We may institute promotions from time to time, for example free use of our Service for defined persons, or access to new facilities forming part of our Service on a beta or test basis. These will be advertised upon our Service from time to time, and will attract their own terms. We may withdraw promotions at any time, and without notice.
6.4 Payments to us must be made through the means provided as part of our Service.
6.5 When registering to use our Service you must provide details of your specified payment method for sums due to us. We use third party payment services providers to collect this information and to fulfil these payments. At no point in time do we hold or retain your payment method information ourselves or have access to it.
6.7 Your credit card or debit card may be charged at any time after you seek to register to use our Service. Please ensure you have sufficient funds to meet any payment due to us.
6.8 All payments by credit card or debit card need to be authorised by the relevant card issuer. Extra steps such as the following may also apply
6.8.1 Verified by Visa (see https://www.visaeurope.com/making-payments/verified-by-visa/); and
6.8.2 Mastercard®SecureCodeTM (see https://www.mastercard.co.uk/en-gb/consumers/features-benefits/securecode.html).
6.9 In the event that our Services are wholly or party unavailable we may, at our discretion, offer you service credits. Details of the service credits we offer are available within out Service Level Terms, available at https://www.opinew.com/terms.
7 Technical support
We provide certain support in relation to our Service. Please see our support facility in the bottom right corner of this page or any pages in your Opinew admin panel. Pursuant to this, whilst we will endeavor to help you solve the issue you may have with our Service, we do not warrant or guarantee that we will be able to.
8 Personal Data
9 General terms relating to our Service
9.1 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of our Service.
9.2 Whilst we will try to make sure our Service is available and functions properly at all times, we do not guarantee that our Service will be available all the time, or at any particular time, that our Service will function properly, or that any functionality upon our Service will be available at all, or any, times. Further, we may suspend or terminate operation of the Service at any time as we see fit. If you need to use our Service by a certain deadline, please do this as far in advance as possible, in case our Service is unavailable at the time you need to access it.
9.3 While we try to make sure that our Service is useful for the purposes intended, we cannot promise that it will be or that it will be fit or suitable for any purpose.
9.4 Where the Service allows you to login you must keep your password and other account details confidential. Please let us know immediately in the case that you suspect or know your password or other details have become known to any other person.
9.5 We seek to make the Service as accessible as possible. If you have any difficulties using the Service, please contact us at email@example.com and/or use the live chat tools available at the right bottom corner of the screen.
9.6 We may prevent or suspend your access to the Service if you do not comply, or we suspect you have not complied, with any part of these terms or any applicable law. This shall be without prejudice to our other rights and remedies in respect of such breach. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these terms.
9.7 If your failure to comply may endanger the rights, property or interests of any other person, or we suspect that may be the case, we may disclose your details and any other relevant information we hold about you, to help prevent any damage being suffered.
10 Our Interactive Facilities
The Service may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and social networking features which may allow you to post, transmit or submit information. We may or may not actively monitor the information submitted via these services. As such, you may be exposed to content upon these services that is inaccurate, or that you find objectionable, and which is not endorsed or approved by us. Further, you should not post any information upon these services from which you can be identified, as this may cause you risk, for example in relation to the receipt of unsolicited correspondence or identity impersonation. We may remove any of the information upon these services, or restrict your ability to use these services, as we see fit. Your use of these services is at your own risk.
11 Restrictions on Misuse
11.1 You must use the Service only in compliance with our directions, procedures and policies as made available from time to time as part of the Service or as otherwise provided to you by us, and all applicable laws and regulations.
11.2 You must not misuse our Service. The following are examples of misuse:
11.2.1 using the Service for any improper, unlawful, or immoral purpose,
11.2.2 causing any nuisance by your use of the Service or causing the operation of the Service to be jeopardised or impaired;
11.2.3 using the Service to create, host, or transmit any defamatory, offensive, or obscene material, or engaging in activities which would cause offence to others on grounds of race, religion, sexual orientation or otherwise;
11.2.4 using the Service to harm or attempt to harm other people in any way;
11.2.5 using the Service to create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or would constitute a criminal offence or give rise to civil liability;
11.2.6 using the Service to create, host, or transmit material which infringes the copyright, trade mark, patent, trade secret, privacy, right of publicity, or other rights of any other person;
11.2.7 using the Service to create, host, or transmit unsolicited advertising material to other users;
11.2.8 using the Service to create, host, or transmit any material that harasses another person;
11.2.9 using the Service to make or transmit false, misleading, deceptive, or fraudulent offers or information or to send chain letters or operate pyramid schemes or the like;
11.2.10 using the Service to access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate or breach anyone's security measures, computer software, hardware, electronic communication systems, or telecommunications systems;
11.2.11 using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data;
11.2.12 using the Service for any activity which adversely affects the ability of other people or systems to use the services or the Internet generally, including, without limitation, flooding and hacking; and/or
11.2.13 impersonating any person or entity or using a false name that you are not authorised to use.
12 Intellectual Property
12.1 When you submit content to our Service you grant us the right to use that content in connection with our business. This includes storing that content, and making that content available via our Service. We may permit other people to do this on our behalf. These rights shall be free (you won't be able to charge us for these rights) and irrevocable, and shall exist perpetually. You agree that we do not have to identify you as the author of that material, and that you shall have no right to object to our treatment of that material. This does not affect your rights under laws relating to personal data. However, where any personal data is contained in that content, you consent, and must have any other identified person's consent, to submit that content.
12.2 This Service and all intellectual property in it is owned by us and or licensors or both (as applicable). Intellectual property includes the copyright in our Service, our trade marks and domain names, and those of other people, design rights, for example in our user interfaces, database rights, and all other intellectual property or rights of any kind, and whether or not they are registered or unregistered, even if it were possible to register them (and we have not progressed any such registration).
12.3 We and our licensors reserve all of our and their rights. This means, for example, that we (and they) remain owners of their intellectual property and remain free to use them as we (and they) see fit.
12.4 You have the right to access and use our Service, to enable you to import Customer Reviews, but for no other purpose and subject always to these terms. Nothing in these terms or otherwise grants you any other right, title or interest in or to the Service.
12.5 You must not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service or any software, documentation or data related to the Service (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent arising as part of your normal use of the Service); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. The manner of operation of the Services and any Software is confidential and proprietary to us, and you must not disclose or use otherwise than in accordance with these terms any information relating to the Services, Software or their manner of operation.
12.6 Where our Service is accessed by you via an app made available via the Apple App Store or Google Play, please note that your download, installation and use of this software shall be subject to additional terms and conditions, which will be brought to your attention when accessing that software.
12.7 Please note that the following are trade marks owned by us:
Opinew - https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00003243192
12.8 If you think any part of our Service, or anything available through our Service, infringes your rights, please contact us at firstname.lastname@example.org. When contacting us please provide:
12.8.1 your address, telephone number, and email address;
12.8.2 description of the rights that you claim have been infringed;
12.8.3 a description of the alleged infringing activity;
12.8.4 a statement by you that you have a good faith belief that infringing activity is not authorised by you, the rights owner, its agent, or the law; and
12.8.5 a statement by you, made under penalty of perjury, that the information is accurate and that you are the rights owner or authorised to act on the rights owner's behalf.
13.1 We may apply security measures and certain restrictions to our Service. You agree not to tamper with or try to circumvent, avoid or negate such security measures or restrictions, or ask or help any other person to do so, including by the submission of false information, or using means which obscure the identity of the devices or persons visiting our Service, such as using VPN providers or the TOR browsers.
13.2 Our Service contains important notices (including intellectual property notices) including in particular in any digital rights or other security technology embedded or contained within the Service. You must not tamper with or remove any of these notices, including in any printout of our Service.
13.3 Communication via the Internet is not secure. While we try to make sure that the Service is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be remain confidential, for example during its transmission to us.
13.4 Further, we recommend that you have in place up to date antivirus and personal firewall software when accessing and using our Service.
14 Third Party Services
The Service may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site will be governed by the terms and conditions of that third party site, not these terms.
15 End of the contract
If our contract with you is ended it will not affect our right to receive any money which you owe to us under the contract.
16 The Limits of our Liability
16.1 EXCEPT FOR ANY LEGAL RESPONSIBILITY THAT WE CANNOT EXCLUDE IN LAW (SUCH AS FOR DEATH OR PERSONAL INJURY), WE ARE NOT LEGALLY RESPONSIBLE FOR ANY LOSSES THAT WERE NOT FORESEEABLE WHEN YOU ACCESSED OUR SERVICE, FOR ANY SECONDARY, INDIRECT OR CONSEQUENTIAL LOSS, COST, EXPENSE OR DAMAGE, OR FOR ANY LOSS, COST, EXPENSE OR DAMAGE THAT WAS NOT CAUSED BY ANY BREACH OF THESE TERMS OR ANY DUTY ON OUR PART. OUR SERVICE IS PROVIDED “AS IS,” AND YOUR USE IS AT YOUR OWN RISK. WE EXCLUDE TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY STATED HEREUNDER, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS AND GUARANTEES.
16.2 WHAT WE SAY WE WILL DO, AND WHAT SAY WE WON'T DO, WHAT WE AND WILL NOT GUARANTEE, AND WHAT WE RECOMMEND OR REQUIRE YOU TO DO, IN THESE TERMS IS THEREFORE VERY IMPORTANT. PLEASE READ THESE TERMS CAREFULLY AND LET US KNOW IF YOU DON'T UNDERSTAND ANY POINT.
16.3 AS WE DO NOT OFFER FOR SALE OR SELL GOODS OR SERVICES OURSELVES, AND BECAUSE OUR SERVICE IS A MEANS WHEREBY THE IMPORTATION BY YOU OF INFORMATION FROM OTHER PERSONS OR ENTITIES CAN BE FACILITATED, WE ARE NOT LIABLE FOR THE GOODS OR SERVICES YOU MAKE AVAILABLE, OR ANY INFORMATION YOU MAKE AVAILABLE IN CONNECTION THEREWITH, IN ANY MANNER, INCLUDING ANY FAILURE OF THOSE GOODS OR SERVICES TO MEET THEIR DESCRIPTION, OR ANY MATTER CONCERNING THE CONTENT OF THAT INFORMATION. THE CONTRACT FOR THE SALE AND PURCHASE OF THOSE GOODS IS DIRECTLY BETWEEN YOU AND YOUR CUSTOMERS, AND RELEVANT THIRD PARTIES, AND IF THEY ARE DISSATISFIED IN RESPECT OF ANY GOODS OR SERVICES THEY HAVE PURCHASED OR WHICH ARE BEING MADE AVAILABLE, YOU ARE SOLELY RESPONSIBLE FOR SUCH MATTERS. YOU INDEMNIFY US AND SHALL KEEP US INDEMNIFIED AGAINST, AND UNDERTAKE TO HOLD US HARMLESS AGAINST, ANY LIABILITY ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR MAKING AVAILABLE OF GOODS OR SERVICES, INCLUDING THE MAKING AVAILABLE OF ANY INFORMATION OR MATERIAL IN CONNECTION THEREWITH.
16.5 WE SHALL HAVE NO LIABILITY TO YOU FOR ANY BREACH OF THESE TERMS CAUSED BY ANY EVENT OR CIRCUMSTANCE BEYOND OUR REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, STRIKES, LOCK-OUTS OR OTHER INDUSTRIAL DISPUTES; BREAKDOWN OF SYSTEMS OR NETWORK ACCESS; FAILURE OF ANY THIRD PARTY; RESTRICTION DUE TO A PUBLIC HEALTH CONCERN; CHANGE IN LAWS AND COMPLIANCE THEREWITH; GOVERNMENT ACTION OR COMPLIANCE WITH ANY GOVERNMENT GUIDANCE; OR FLOOD, FIRE, EXPLOSION OR ACCIDENT.
16.6 FURTHER, EXCEPT AS EXPLICITLY SET OUT IN THESE TERMS, NO PERSON OTHER THAN YOU MAY ENFORCE THESE TERMS.
16.7 BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE LIMITATIONS AND ALLOCATIONS OF RISK ARE REASONABLE IN THE CIRCUMSTANCES, INTER ALIA GIVEN THE NATURE OF THE SERVICE AND SUMS CHARGED FOR THE SERVICE.
These terms are dated 20.07.2022. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms from time to time.
18.1 We will try to resolve any disputes with you quickly and efficiently.
18.2 If you are unhappy with us please contact us as soon as possible.
18.3 If you want to take court proceedings, the courts of Scotland, United Kingdom will have exclusive jurisdiction. These terms shall be constituted in accordance with Scots law, and Scots law shall apply to all disputes under or in relation to these terms.