These terms and conditions apply between you, the visitor or User of the Optiseller (Website) (including any sub-domains, unless expressly excluded by their own terms and conditions), and Developing It Limited (OptiSeller, we, us or our), the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users (you or your) means a registered user with an account with the Website. These terms and conditions apply to both visitors to the Website, and to Users.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
The Terms and Conditions may change from time to time and you are required to check on a regular basis to see if there have been any changes. These Terms and Conditions are effective from 25th July 2016.
Who we are
We are Developing IT LTD T/A Optiseller, a company registered in Scotland with company number SC277442 and registered office at STEP Stirling, FK7 7RP, Scotland. Our registered VAT number is GB853092427.
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your registration or via Optiseller web application.
"Writing" includes emails
When we use the words "writing or "written" in these terms, this includes emails and other digital communications.
We will use the personal information you provide to us: to supply the products or services to you; to process your payment for the products or services; if you agreed to this during the order process or at subsequent times, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us; and
We also use your personal information to carry out analysis of user spending behaviour and to create statistical data sets which we may use, sell or licence at our discretion but which will not include any personally identifiable information of any user of our Service.
We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these terms, we can still enforce them later.
If we do not insist immediately that you do anything you are required to do under these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts.
The online facilities, tools, services or information that we make available through the Website is the Service. All aspects of the Service are provided on an as is and as available basis.
We make no warranty or representation as to whether the recommendations will in fact cause an increase in sales revenue. To the fullest extent permitted by law, we disclaim all liability in relation to the recommendations contained in the service offer or offerings.
You should make your own independent assessment of any recommendation provided, and no reliance should be placed on our recommendations without your own assessment of such recommendations and the impact of implementing the recommendation.
You should ensure that any changes you make comply with applicable law and all relevant terms and conditions. It is your responsibility to ensure you fairly and accurately describe and represents your products or serivces.
Confidential Information means information (in any form) belonging or relating to you or us, your or our associated companies, affiliated organisations, your or our business, clients, employees, customers, plans, affairs or activities. Including any information which the receiving party might reasonably expect would be confidential.
Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the performance of these terms.
You acknowledge that from time to time a User is under an alternative payment arrangement (e.g- Tri Party Agreement) we are permitted to share Confidential Information (including, but not limited to, Customer Materials) with the third party involved in such arrangement.
Each party may be given access to Confidential Information from the other party in order to perform its obligations under these terms. A party’s Confidential Information shall be deemed not to include information that: (i) is or becomes publicly known other than through any act or omission of the receiving party; (ii) was in the other party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; (iv) is independently developed by the receiving party, which independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
You acknowledge that the OptiSeller Materials (other than the items shared as part of a service provided) and details of the Services constitute our Confidential Information.
When you register as a User, you must ensure that the details provided by you on registration or at any time are correct and complete
We reserve the right to suspend or cancel a customer's access to any or all of our services, where we conclude that an account has been used inappropriately.
We will suspend or cancel access to an account which:
contains invalid or fraudulent details; attempts to resell or sublease any software or services without prior written permission; attempts to deny access to other users; uses excessive server resources; uses obscene, offensive or inflammatory language when contacting the company or dealing with the company; infringes copyrights or trademarks; promotes or assists any illegal activity.
Cancellation or suspension of your account does not affect any statutory rights.
Subscription costs are subject to change and are reviewed on a regular basis. We may increase or decrease subscription due to VAT changes, or as a result of changes in our business strategy, market changes, rising demand for our products and services. In case VAT is increased or decreased, we will act accordingly to adjust that VAT difference for our prices and services.
If we decide to revise prices for products and services, subscribed customers will not be affected for the period of 30 days from their original subscription date. After 30 days, revised prices will take effect.
You may cancel your account with us at any time. If you cancel your account before the end of your current paid-up subscription period, your cancellation will take effect upon the expiry of such period. You will not be charged again; however, you shall not receive a reimbursement for the portion of your subscription period which occurs after your cancellation. Cancellation requests should be sent to firstname.lastname@example.org or email@example.com
If we breach these terms and conditions, you must notify us of the breach and we will remedy the breach within 30 days of such notification. If we do not remedy the breach within 30 days of your notification and you cancel the Service before the end of your current paid-up subscription period, you will be entitled to a refund of the remaining portion.
Refunds on payments will be made only in the following circumstances:
Payment has been made and the service has clearly not been used. For example, if a duplicate listings report has been paid for but the report has not been generated then the refund can be requested.
Refunds will not be given for services which have been consumed or accessed by the user. For services where usage is not explicitly tracked or unclear, refunds will normally not be authorised.
When a customer requires any modules to be developed or any other activity which involves our developers' time and any costs incurred, we will raise an invoice which has to be settled prior to work commencing. Unsettled invoices will be invalidated after 30 days from the date of issue. We will not issue refunds for services rendered.
Any bespoke work and modifications (examples are: scripts, exports, reports, templates, etc.) are supported on a bespoke basis and may incur further maintenance costs where work exceeds the original specification.
All Content included on the Website, is the property of Optiseller, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without our written permission.
To the extent that your access to the Website is provided free of charge (be it a Trial, or otherwise), we will not be liable to you for any loss or damage of any kind.
To the extent that the account is for a Paying User (or through some other means the User pays us directly for access to the Service) we will not be liable to you: (i) for an amount greater than the fees paid by you in the previous month; or (ii) in respect of any losses arising out of events beyond our reasonable control.
OptiSeller accepts no liability for any of the following:
Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
Loss or corruption of any data, database or software; or any special, indirect or consequential loss or damage.
You shall defend, indemnify and hold harmless us and our affiliates, officers, directors and employees against claims, actions, proceedings, losses, damages, expenses and costs (including court costs and reasonable legal fees) and liabilities arising out of any claim, demand, proceeding or allegation by a third party against us in relation to your use of the Service and/or Website.
In no event shall we, our affiliates, officers, employees, agents and sub-contractors be liable to you to the extent that the alleged infringement is based on (i) a modification of the Service by anyone other than us; or (ii) your use of the Service in a manner contrary to the instructions given to the Customer by OptiSeller including that set out in relevant documentation; or (iii) your use of the Service after notice of the alleged or actual infringement from us.
We shall have no liability to you under these terms if we are prevented from or delayed in performing its obligations under these terms, by acts, events, omissions or accidents beyond our reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of Optiseller or any other party), failure of a utility service or transport or telecommunications network, war, riot, civil unrest, malicious damage, DDOS or other similar attack, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
Optiseller may contain links to other sites. Unless expressly stated, these sites are not under our control or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.