1.1   You are reading a legal document which is the "User Agreement" (or "Terms and Conditions") between you, a particular user of the Website (whom we refer to as “you” or “your” in this document), and us for your use of the Incahoot Service or the Website (as defined below).  We are Incahoot Limited, a company registered in England under number 06635483 with our registered office at 3^rd Floor, 207 Regent Street, LONDON, W1B 3HH, England and VAT number 936 4342 17 (and we refer to ourselves as "Incahoot", “we” or “us” or “our” in this document).  If you have any comments, queries or suggestions about the Incahoot Service or the Website, you can write to us at this address or email us at Incahoot@incahoot.com.

1.2   Please read this User Agreement carefully.  By accessing or using the Website (or enabling anyone else to do so) or by using any facilities or services made available through it, you are agreeing to these Terms and Conditions.

1.3   These Terms and Conditions were most recently updated on 3rd December 2010.

1.4   We shall keep a copy of these Terms and Conditions, but you are advised to print and keep a copy of these Terms and Conditions and each amended version for your own records and future reference.

2.1   In this User Agreement, unless the context otherwise requires:

"Account" means a User’s registration for the Incahoot Service which enables him to be a User;

"Business Day" means any day other than (i) a Saturday, (ii) a Sunday or (iii) a day when the clearing banks are not physically open for business in the City of London;

"Confidential Information" means any information in any form or medium obtained by one party from or on behalf of the other pursuant to this User Agreement which is expressly marked as confidential or which a reasonable person would reasonably consider to be confidential whether disclosed or obtained before, on or after the date of commencement of this User Agreement together with any reproductions of such information or any part of this information (and our “Confidential Information” shall include any information relating to our methodology, software, Website, Incahoot Service, other Users, and those other Users’ confidential information);

"Fee" means any fee charged by Incahoot to a User for that User’s use of a particular element of the Incahoot Service;

"Incahoot Service" means the service provided by Incahoot via our website where:

a)   Offers for Products and Services are made available to Users;

b)   Users may place, or link through to another website to place, an Order for an Offer, Product or Service;

c)   Users can post Reviews; and

d)   Users can view miscellaneous news items posted on the Website from time to time.

"Liability" has the meaning given to it in Clause 10.11;

"My Incahoot" means the facility on the Website for a User to update their Account details;

“Offer” means the advertising or an offer on the Website for a particular Product or Service;

"Order" means the placing by a User of an order for a particular Product or Service via an Offer;

“Payment Information” means the credit or debit card details you provide to us for the purchase of any Product or Service from a Third Party Supplier, or for any particular functionality you want to receive from the Website or via the Incahoot Service;

“Product” means a particular product offered by a Third Party Supplier which is available for ordering on or via the Website;

“Referral” has the meaning given to it in Clause 4.25;

“Refer a Friend Scheme” has the meaning given to it in Clause 4.25;

“Review” means the posting of a review by a User on the Website as a guide to other Users as to the benefits or User’s views (or otherwise) of an Offer, Product, Service or the Incahoot Service;

“Service” means a particular service offered by a Third Party Supplier which is available for ordering on or via the Website;

“Third Party Supplier” means the supplier of any Offer, Product or Service who advertises that Offer, Product or Service on the Website and through the Incahoot Service;

"User" means any person who has registered to use some or all of the Incahoot Service;

“Website” means our website from which we provide the Incahoot Service to Users, whose current uniform resource locator is at www.Incahoot.com;

2.2   In this User Agreement:

2.2.1   references to Clauses are to the clauses of this User Agreement;

2.2.2   words importing a gender shall include the other gender and the neutral;

2.2.3   references to persons and entities include individuals, bodies corporate, firms, partnerships or unincorporated associations;

2.2.4   the singular includes the plural and vice versa;

2.2.5   the headings to Clauses are inserted for convenience only and shall not affect the interpretation or construction of this User Agreement;

2.2.6   references to "includes" or "including" or like words or expressions shall mean without limitation;

2.2.7   references to any statute or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification) and any provision which subsequently supersedes it or re-enacts it (whether with or without modification); and

2.2.8   references to "written" or in "writing" (except in respect of sending a notice in accordance with Clause 12.8) includes in electronic form.

2.3   We reserve the right to amend these Terms and Conditions at any time.  All amendments to these Terms and Conditions will be posted in the latest Terms and Conditions online on the Website, although we may also email you with the latest draft.  We may introduce the change with or without notice to you, although where we reasonably consider the change to be significant, we shall endeavour to give at least 30 days’ warning of the change.  However, in any event, you are responsible for regularly reviewing information posted online and the latest Terms and Conditions to obtain timely notice of all changes.

3.1   Please note that you need to register to become a User to use the Incahoot Service and the Website.  

3.2   Please note that to use the Website you must be 18 years of age or over and resident in the United Kingdom.  You must also have no more than one Account.

3.3   If you register for the Incahoot Service, and we accept your registration, you become a User.  

3.4   To register for the Incahoot Service you need to supply us with your name, address, email address, password and such other contact details as we require.  You may also be given the opportunity to register other information (for example, Payment Information).  You must use your own details and not impersonate another person or adopt a false identity.

3.5   You are responsible for use of your Account under your password.  You agree that any person to whom your password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Incahoot Service and Website.  You are also entirely responsible for bringing this User Agreement to the attention of all persons who may access the Incahoot Service through your password or your Internet connection.  

3.6   We advise you not to choose a password that can be readily guessed.  You agree to keep your password strictly confidential and secure.  We also advise you for your own security to regularly change your password.  Please note that you are entirely responsible if you do not maintain the confidentiality and security of your password.

3.7   If you think that you may have allowed a third party to see or use your password other than with your permission or if you become aware of any actual or suspected unauthorised use of your email address or password or there is any breach of security known to or suspected by you, you should inform us immediately and as soon as we reasonably can we will suspend use of the Incahoot Service under that password until you have changed the password (but in any event you shall be responsible for any use under that password until we do so).

3.8   All Accounts (and all email addresses supplied to receive information emails) must be registered with a valid personal email address that you access regularly, so that, among other things, administration emails can be sent to you. Any Accounts (or email addresses supplied to receive information emails) which have been registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require Users to re-validate their Accounts (or email addresses supplied to receive information emails) if we believe they have been using an invalid email address.

3.9   We reserve the right to close Accounts (and shut down receipt of information emails) if any User is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Accounts, or if a non-UK User pretends to be a UK User, or disrupts the Website or the Incahoot Service in any way.

3.10   Once you have submitted your registration details to us:

3.10.1   we may send you an email acknowledging the submission of your registration details; and

3.10.2   we will email you with acceptance or non-acceptance of your registration.

Unless our email expressly states that your registration has been accepted, our email shall be a mere acknowledgement.  The Incahoot Service will start as soon as we have sent an email to you communicating our acceptance of your registration.  Until that point, the Incahoot Service will not have started and completion of your registration and profile information will be in preparation for commencement of your use of the Incahoot Service.  

3.11   You are responsible for ensuring that any emails that we send to you in respect of registration for the Incahoot Service or any other use of the Incahoot Service are not blocked by any spam filter acting on your behalf and (except in the case of notices) our emails are deemed to be received when sent.  Please let us know if you have not received an email when you were expecting one from us and you have already checked to make sure that delivery of the email has not been stopped by a spam filter.

3.12   We reserve the right to prevent you using the Website or the Incahoot Service (or any part of them) and we reserve the right to decline a new registration, and we or you may also terminate your registration at any time by terminating this User Agreement in accordance with Clause 8.5.

3.13   There is currently no charge for registration for or being able to use any Account.  If we propose to change that in the future, we shall let Users know and give reasonable advanced warning.  We will not start to charge you a Fee for being a User without agreeing with you first.

4.1   Our provision and your use of the Incahoot Service and/or the Website are subject to these Terms and Conditions.

Placing your Order

4.2   As a User you may be able to view various Offers, based on which you can place an Order.

4.3   There are two ways in which your potential purchase of a Product or Service can be progressed, depending on our relationship with the Third Party Supplier:

4.3.1   You make the Order to us, providing all the necessary information to us on the Website, including the Payment Information, which is then processed and passed to the Third Party Supplier to progress the Order; or

4.3.2   The Website will provide a link to the website of the Third Party Supplier, on which all the necessary information, including Payment Information, is collected and processed.

4.4   You must ensure that all Orders you place contain full and accurate information.

4.5   You must not place an Order unless you expect to be able to be fully able to fulfil that Order with the relevant Third Party Supplier.

4.6   Should the Order be placed as outlined in Clause 4.3.1 above:

4.6.1   We will respond to you by email either accepting the Order or stating that the Order has not been accepted. Prior to emailing you with the acceptance or non-acceptance, we may send to you another email merely acknowledging your Order. Unless our email expressly states that your Order is being accepted our email shall be a mere acknowledgement.

4.6.2   Until our email accepts your Order, the Order is not considered binding on the Third Party Supplier.

4.6.3   Prior to your receipt of the acceptance email from us, should you wish to cancel any Order that you have made, you must contact us directly at Incahoot@incahoot.com or 0800 2922 590 quoting the order number allocated to your Order at the time you made the order on the Website.

4.6.4   Once you have received the acceptance email, should you wish to cancel the Order you must contact the Third Party Supplier directly via the contact details available on the Website, or otherwise provided by us.

4.6.5   All other aspects of the Order and the Products and Services will be subject to the terms and conditions of the relevant Third Party Supplier.

4.6.6   Any Payment Information that you provide to us will be governed by the terms of our Privacy Policy, and (if applicable) will be processed and passed on to the Third Party Supplier.  If it is passed on by us, it will be in an encrypted format for the security of such information.

4.7   Should the Order be placed as outlined in Clause 4.3.2 above, the Third Party Supplier will respond to you directly by email in order to confirm the Order. As such:

4.7.1   The Third Party Supplier’s website terms and conditions will apply to any Order made, and no Order will be considered binding on the Third Party Supplier until the steps specified in those terms and conditions have been fulfilled;

4.7.2   The terms and conditions of the Third Party Supplier will be provided in a link on the web page on which the Order form is provided, or on the Third Party Supplier’s website; and

4.7.3   Any cancellation of that Order, whether prior to, or after, the receipt of any confirmation email, must take place in accordance with the Third Party Supplier’s terms and conditions.

4.8   We give no warranty that a Third Party Supplier will accept any Order that you make via the Website or otherwise.  Whether such an Order is accepted is entirely at the discretion of the Third Party Supplier.

4.9   We give no warranty that you will receive an acceptance email, whether from the Third Party Supplier or from us, within any specific period of time.  If given, such acceptance email will be sent when the Third Party Supplier has agreed to accept the Order.

4.10   In the event of any cancellation, for any reason, where you require a refund, you must contact the Third Party Supplier directly, and any cancellation will be subject to the terms and conditions of that Third Party Supplier.

4.11   We will not be party to any Order, contract or agreement made between you and any Third Party Supplier, and all such Orders, contracts or agreements are subject to any terms and conditions of the relevant Third Party Supplier.  We make, give and offer no warranties, conditions, terms or representations as to any Offers, Products, Services and Third Party Suppliers.  We will not be responsible or have any Liability for:

4.11.1   the ability of a Third Party Supplier to fulfil an Order or to provide Products and Services as a result of an Order placed by a User;

4.11.2   any act or omission of any third party (including any Third Party Supplier); or

4.11.3   any liability, loss, damage, injury, cost, expense, fine, demand, claim or proceeding incurred by any person (including for death, personal injury, damage to property or pure financial loss) arising out of or in relation to any such Order, contract or agreement (including failure to provide or delay in providing any Product or Service, or errors in any information provided to us or to you by that other person).  

This is subject to us not excluding Liability in accordance with Clause 10.2 (to the extent that we have any such Liability).

4.12   You agree to comply fully with any Order, contract or agreement you make with any Third Party Supplier, including paying for all applicable amounts agreed with that other Third Party Supplier on time.

Review system

4.13   As part of the Incahoot Service, we may allow Users to provide a Review in relation to a particular Offer, Product or Service or the Incahoot Service that will be visible to other Users.

4.14   In addition to considering the Reviews, we also recommend that you review the feedback provided by other Users who have dealt with the Third Party Supplier with whom you are considering placing an Order, although you acknowledge that the feedback may not be a complete reflection of the views of the person giving the feedback as the feedback may have been amended in order to avoid legal liability.

4.15   Please be aware that your use of the Review system is entirely at your own risk and you should make your own other enquiries to satisfy yourself as to the Offer, Product, Service and the Third Party Supplier with whom you are considering dealing through the Website.  We make no guarantee that the other Users who provide Reviews in respect of a particular Offer, Product and Service and Third Party Supplier:

4.15.1   were not acting fraudulently or under duress; or

4.15.2   gave any Reviews accurately or fairly.

4.16   However, you shall ensure that you do not post or supply to us or allow or encourage or entice others to post or supply to us or to the Website (directly or indirectly) any Reviews that are:

4.16.1   in a situation where you or that other User acted fraudulently or under duress; or

4.16.2   inaccurate, misleading or unfair.

4.17   If you are concerned that you have seen any Review which may infringe these Terms and Conditions, please report them to us, although we do not guarantee that we will remove or edit that Review.  

4.18   We may (but shall not be obliged to) monitor or pre-screen any Reviews posted by any person on the Website, and we reserve the right in our absolute discretion to block access to, omit, remove, suspend or edit any Review that you or any User transmits, posts or sends to us or the Website (temporarily or permanently), in whole or in part, which in our reasonable opinion may breach this Agreement or may give rise to a breach of this Clause 4 or to any Liability for us or any third party.

4.19   We retain the right to post a reply to any Review and permit other to do so.

4.20   We retain the right to remove any Review in relation to a particular Third Party Supplier, Offer, Product, Service or Incahoot Service.

4.21   As between you and us, you shall retain ownership of the copyright in any Review that you create and submit to us or the Website.  You hereby waive your moral rights in such Review and grant us a royalty-free, perpetual, irrevocable, assignable, sub-licensable, worldwide, non-exclusive right and licence to use, copy, modify, edit, adapt, translate, publish and distribute (in our absolute discretion) any such Review transmitted by you to us or the Website for any purpose whatsoever (including for display on the Website and for marketing and promoting the Incahoot Service).  You hereby warrant that:

4.21.1   you have sufficient rights or licence in order to be able to submit any such Review to us or to the Website or to any User, and for us and the Website and other Users to use the Review in any ways intended to be used (as described in this User Agreement); and

4.21.2   in submitting any such Review to us or to the Website, you shall not in any way breach or infringe Clause 4.49.

4.22   The views and comments in any Review are those of the relevant authors and do not reflect the views of us or any of our officers or employees.  We shall not be responsible for any Review submitted or supplied by any User.

4.23   All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered to us by you or in response to solicitations by us regarding the Incahoot Service or the Website (each being “Ideas”) shall be deemed and shall remain our property.  You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms.  In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it.  Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

Blogs and News

4.24   From time to time we may post blogs and news stories on the Website for viewing by Users.  We are not responsible for the contents or accuracy of any such posts, and such posts are for background information only, as detailed under Clause 10.4.  Users must make the relevant enquiries before forming their own opinion and acting based on the contents of any such post.

Refer a Friend Scheme

4.25   We may offer a facility on the Website, as part of the Incahoot Service, by which you can provide the names and email addresses of friends or relatives who might be interested in the Website or the Incahoot Service (each a “Referral”). We will then send an email to those friends or relatives suggesting they become a User. We call this service the “Refer a Friend Scheme”.

4.26   As part of the Refer a Friend Scheme, should any friend or relative whom you have referred to us become a User because of the Referral and place an Order through the Website, we may reward you with a monetary payment for the first Order that the referred User makes through the Incahoot Service that the Third Party Supplier accepts.

4.27   Should your friends or relatives choose not to sign up to the Incahoot Service after we send them an invitation email, we will delete their details from our systems.

Cashback

4.28   In placing an Order for a particular Offer, Product or Service, you may be eligible for a “cashback” from us if we say so on the Website at the time you place your Order. To qualify for a cashback, the Third Party Supplier must confirm to us that the Order has resulted in a genuine and successful purchase.

4.29   If you do not receive a cashback when you expect to do so, please do not contact the Third Party Supplier directly.  Cashbacks are payable to you by us and not by Third Party Suppliers.

4.30   A cashback will not be paid in the following circumstances:

4.30.1   where the relevant Order has been cancelled before the purchase has been completed (whether through the right of cancellation or otherwise);

4.30.2   where the cashback is attributed to an Account that has been, or User whose Account has been:

4.30.2.1   suspended due to any actual or suspected breach of the User Agreement or misuse of the Website or the Incahoot Service; or

4.30.2.2   associated with any fraudulent activity or any other breach of the User Agreement

Money payable under Refer a Friend Scheme or Cashback

4.31   If we already hold your bank information due to previous Orders you have made through the Incahoot Service or due to the Refer a Friend Scheme or due to  cashback or for any other reason, we will transfer such rewards direct to your bank account via those details.  We will assume that those details are as detailed in your Account unless they are updated via My Incahoot.

4.32   If we do not hold your bank details, we will send you an email asking you to log in to your Account and insert the relevant details required for us to make such payment to you via My Incahoot.  We will send you up to three such emails over the course of three months requesting this information, and if, by the first anniversary of us sending the first such email, you have not supplied the necessary information, your right to receive such reward will expire.

General Rules

4.33   You agree not to cause any other User any loss or liability or interfere with another person's use of the Incahoot Service except to the extent that we expressly permit.

4.34   You agree to use other Users' information that you discover as a result of using the Incahoot Service strictly for the purpose of using the Incahoot Service yourself and not to post another person's data on a publicly available place (without that other person's express prior consent).

4.35   Information provided by a third party on or through the Website is facilitated by us solely for your convenience only.  Your use of such information may be subject to additional terms and conditions of such third party.  You agree that sole responsibility for that third party information shall rest with that third party and not us.

4.36   You agree not to circumvent the Incahoot Service or process on the Website or Fees that are due or that would otherwise be due to us if you had used the Incahoot Service.

4.37   We will use our reasonable endeavours to correct any errors or omissions in the Incahoot Service or Website as soon as practicable after being notified of them. However, we do not guarantee that the Incahoot Service or the Website will be free of faults and we do not accept liability for any errors or omissions. In the event of a fault in the Incahoot Service, you should report it by email to: incahoot@Incahoot.com.

4.38   You shall ensure that all information provided by or on behalf of you to us, the Website and Third Party Suppliers (whether through the Website or not) is true, complete and accurate and you shall promptly inform us of any changes to such information by updating the details in the My Incahoot section of the Website.  

4.39   If the Website and the Incahoot Service is accessed by you from outside the United Kingdom, this is entirely at your risk.  We make no representation that the Incahoot Service (or any Services referred to in the Website) is available or otherwise suitable for use outside of the United Kingdom.  If you choose to access or use the Website or Incahoot Service from or in locations outside the United Kingdom, you do so on your own initiative and are responsible for:

4.39.1   ensuring that what you are doing in that country is legal; and

4.39.2   the consequences and compliance by you with all applicable laws, regulations, byelaws, codes of practice, licences, registrations, permits and authorisations (including any laws that relate to businesses providing services).

4.40   We do not warrant that your use of the Incahoot Service or the Website will be uninterrupted and we do not warrant that any information (or Offers or Reviews) transmitted via the Incahoot Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.

4.41   We do not give any warranty that the Incahoot Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.

4.42   Also, although we will try to allow uninterrupted access and minimise any downtime to the Incahoot Service and the Website, access to the Incahoot Service and the Website may be suspended, restricted or terminated at any time for any reason (including for necessary maintenance or introduction of new functionality or content).

4.43   We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website or forming part of the Incahoot Service from time to time without notice to you.  Your access to the Website and/or the Incahoot Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.  We will attempt to restore such access as soon as we reasonably can.

4.44   You agree to comply at all times with any instructions for use of the Incahoot Service in this User Agreement or which we display on the Website from time to time.

4.45   Nothing on the Website shall constitute advice specific to your circumstances or a recommendation.

4.46   We assume no responsibility for the content or services of any other websites or services to or from which the Website or the Incahoot Service has links.  The links are provided "as is" with no warranty, express or implied, for the information provided within those sites.

4.47   No one is entitled to frame any of the Website onto another website without our prior written consent (which may be withheld in our absolute discretion).

4.48   We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from another website to the home page of the Website, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it.  In particular:

4.48.1   you shall not make any warranties or representations about us, our Incahoot Service, our data, our software or our policies except with our prior express authorisation;

4.48.2   you shall not say anything that is false, misleading, derogatory or offensive about us or the content of the Website, our Incahoot Service, our data, our software or our policies; and

4.48.3   you shall not suggest expressly or implicitly that we have endorsed or approved you, any services you offer or your website or are associated with it where this is not the case.

4.49   The following uses of the Incahoot Service (and Website) are expressly prohibited and you undertake not to do (or to permit or encourage or entice or induce anyone else to do), directly or indirectly, any of the following:

4.49.1   send or receive any material which is grossly offensive, harassing, threatening, malicious, abusive, of an indecent, obscene, pornographic or menacing character, vulgar, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, or which may infringe any intellectual property rights (including copyright), rights of personality, publicity or privacy or any third party rights of any nature;

4.49.2   send or post any information or do anything that unfairly takes advantage of or exploits anyone under the age of 18 or anyone who is not in a fit and proper state to be able to look after their own best interests, nor seek to enter into a contract or agreement with any such person;

4.49.3   send or post any inaccurate or incomplete or misleading data or material (including sending any feedback about a Third Party Supplier or the Incahoot Service which is not fair or accurate);

4.49.4   cause annoyance, inconvenience or needless anxiety;

4.49.5   intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

4.49.6   use the Website or Incahoot Service for a purpose other than which we have designed them or intended them to be used;

4.49.7   use the Website or Incahoot Service in any way which breaches any laws, regulations, byelaws, codes of practice, licences, registrations, permits or authorisations;

4.49.8   use the Website or Incahoot Service for any fraudulent, criminal or unlawful purpose or for inciting, encouraging or enticing any fraudulent, criminal or unlawful purpose (including using an Account or a payment card which is not yours to use);

4.49.9   impersonate any other person or body or misrepresent a relationship (or a lack of a relationship or a different relationship) with any person or body (including wrongfully suggesting we have endorsed or recommended you);

4.49.10   do any act or omission that may undermine the Reviews system or use them in any way that is not related to the Incahoot Service;

4.49.11   do anything other than in conformance with accepted Internet practices and practices of any connected networks;

4.49.12   act in a racist, sexist or discriminatory way;

4.49.13   do anything in any way which may incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity;

4.49.14   do anything in a way that we consider may be contrary to our interests;

4.49.15   resell the Incahoot Service (or Website) without our prior written consent;

4.49.16   furnish false information in relation to any User, including false names, addresses or contact details or fraudulent use of bank account details or payment card numbers;

4.49.17   attempt to circumvent our security or network including accessing data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);

4.49.18   use, deliver or transmit any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

4.49.19   access the Incahoot Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;

4.49.20   interfere or attempt to interfere with the proper working of the Website or Incahoot Service;

4.49.21   use the Website for any advertising (except with our express prior consent);

4.49.22   execute any form of network monitoring which will intercept data not intended for you;

4.49.23   harvest or otherwise collect any information or data about Users without their express consent;

4.49.24   send unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages.  This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts.  Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further e-mail;

4.49.25   create or forward "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;

4.49.26   send malicious email, including flooding a user or site with very large or numerous emails;

4.49.27   harass or abuse or stalk any person;

4.49.28   enter into fraudulent agreements or arrangements with other Users (which shall include pretending to be a third party, or to have no relationship with another User when one exists); or

4.49.29   make unauthorised use, or forging, of mail header information.

4.50   The Incahoot Service and use of the Website do not include the provision of a computer or other necessary equipment to access the Website.  To use the Website you will require Internet connectivity and appropriate telecommunication links.  We shall not have any Liability for any telephone or other costs that you may incur.

4.51   We do not warrant that the Website will be compatible with all hardware and software which you may use.  Although we may put in place security measures for your protection, (subject to Clause 10.2) we shall not have any Liability for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or your obtaining any material from, or as a result of using, the Website.  We shall also not have any Liability for the actions of third parties in breaching any security measures.

Breaking the rules

4.52   You agree to inform us as soon as you suspect that any User is in breach of any of this User Agreement.  Following receipt of your information, we may investigate and decide what, if any, action to take in our absolute discretion.  We shall not enter into discussion as to our decision or the results of our investigation.

4.53   You must not misuse the complaints facility or falsely report any breach of this User Agreement.

Your statutory rights

4.54   As a consumer, nothing in this User Agreement affects your non-excludable statutory rights.

5.1   Please note that you will always be clearly informed of any applicable Fees before you go ahead with any aspect of the Incahoot Service.  

5.2   You must have the authority to use any payment card or account used to pay us or a Third Party Supplier, and you must not use any stolen cards or materials.  The card or account must have sufficient money available to cover the proposed payment to us or the Third Party Supplier.

5.3   Unless otherwise stated on the Website or on the website of the Third Party Supplier, all prices due are inclusive of value added tax (if applicable), but exclusive of all other taxes and duties and charges which you shall pay in addition at the same time as payment of other sums due.

5.4   Unless otherwise expressly provided to the contrary, all payments by you shall be in advance in full. If you have not paid in advance, you will not receive any Product or Service for which you have placed an Order, or any additional functionality that you have registered for on the Website or the Incahoot Service.

5.5   Fees will be deducted from the User's card or account permanently and (except where we have materially breached our obligations in relation to the relevant Fee) it will not be added back for any reason except as specifically provided for in this User Agreement.

5.6   The User is responsible for ensuring that he has enough money available at any one time in the card or account provided in the Payment Information in order to enable any use of the Incahoot Service to proceed.  If the User does not have enough money available in his account or on his card, then the aspect of the Incahoot Service will not proceed, and the User shall indemnify and hold us harmless against any and all losses, liabilities, claims, demands, judgments, settlements, costs and expenses that we incur or suffer as a result.

5.7   Except to the extent that we are in breach of this User Agreement or otherwise stated in this User Agreement, once any monies received from a User have been applied to an Incahoot Service, those monies shall be non-refundable.

6.1   All intellectual property rights of any nature anywhere in the world (including all copyright, database rights, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements), whether registered or unregistered) in the Website and Incahoot Service, information and content and material on or accessible from the Website, any database operated by us, software on the Website and all the Website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors).  You shall not, and shall not attempt to, obtain any title to any such intellectual property rights.  All rights not expressly granted by us are reserved.

6.2   None of the material described in Clause 6.1 may be reproduced or redistributed without our prior written permission.  You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices in any electronic or hard copy of the material or the Website.  You shall not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.

6.3   No part of the Website or the material described in Clause 6.1 may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission or as provided by law.

6.4   If you quote from the Website, you must do so fairly and give due accreditation to the author and us and reference to the Website.

6.5   Except to the extent that we expressly permit, you must not modify any material described in Clause 6.1.

6.6   All rights (including goodwill) in the Incahoot or Product or Service names and logos are owned by us (or the Third Party Supply or our or their licensors).  Other product and company names mentioned on the Website are the trade marks of their respective owners.

7.1   Each of you and we shall keep and procure to be kept secret and confidential the Confidential Information of the other party (whether disclosed or obtained before, on or after the commencement of this User Agreement) and shall not use nor disclose the same save:

7.1.1   for the purposes of the proper performance of its obligations or exercise of its rights under this User Agreement; or

7.1.2   as otherwise permitted by this User Agreement; or

7.1.3   with the prior written consent of the other party.

7.2   Where either you or we disclose Confidential Information of the other party to its employee, consultant, subcontractor, supplier, customer, agent, professional adviser or insurer, it shall do so subject to obligations equivalent to those set out in this Clause 7.  Each party shall use its reasonable endeavours to ensure that any such employee, consultant, subcontractor, supplier, customer, agent, professional adviser or insurer complies with such obligations.

7.3   Each of you and we shall at all times:

7.3.1   adopt, retain and keep updated adequate procedures and physical security measures which protect the Confidential Information of the other party from inadvertent disclosure or release to unauthorised persons; and

7.3.2   hold the Confidential Information of the other party in strict confidence and in any event with no less standard of confidentiality than that which it applies to its own confidential information.

7.4   The obligations of confidentiality in this Clause 7 shall not extend to any matter which either you or we can show:

7.4.1   is in, or has become part of, the public domain other than as a result of a breach of the confidentiality obligations of this User Agreement; or

7.4.2   was in its written records prior to receipt; or

7.4.3   was independently developed by it; or

7.4.4   was independently disclosed to it by a third party entitled to disclose the same.

7.5   If either you or we are required to disclose the Confidential Information of the other party under any applicable law, or by order of a court or governmental body or authority of competent jurisdiction, then the party so required may disclose the Confidential Information to the extent required but shall, prior to any disclosure where practicable, give the other party as much notice thereof as practicable and notify and consult with the other party and, at the other party's request and cost, fully co-operate with and assist that other party in opposing any such disclosure.

7.6   Neither you nor we shall make any announcement of any kind in respect of the subject matter of this User Agreement except with the prior written consent of the other party (not to be unreasonably withheld or delayed) or as is required by law.

7.7   Subject to Clause 7.6, we may identify you as a User and the type of services provided by us to you (or the type of Services that you provide if you are a Service Provider), provided that in doing so we shall not (without your prior written consent) reveal any of your Confidential Information.

8.1   This User Agreement shall commence on the date on which you agree to this User Agreement when submitting your details to become a User.  The Incahoot Service will commence as soon as you have been accepted as a User and followed the instructions in the first acceptance email that we send to you as a User to continue with registering for the Incahoot Service, and further elements of the Incahoot Service will commence as soon as you have authorised us to collect payment for any Fee from your card or bank account.  Accordingly, you will not have a cooling off period under the Consumer Protection (Distance Selling) Regulations 2000 (or any other similar law) in which to cancel this User Agreement (or any aspect under it), once we have accepted your registration.  You may, however, exercise any other rights to suspend or terminate this User Agreement in the ways described in this User Agreement.

Under the Consumer Protection (Distance Selling) Regulations 2000 you have to refund an item if the buyer changes their mind within 7 days after the day on which the item was delivered. However, whether the Distance Selling Regulations applies depends on the type of item sold and the listing format used (see "Where do the Distance Selling Regulations apply", below).

Under the Distance Selling Regulations, buyers have a period of 7 working days after the date of delivery within which they can cancel the contract (often referred to as the "cooling off" period) and get their money back, including the original postage and packing charges. You must refund the original delivery charges. However, you are permitted to require the buyer to pay for the cost of returning the item, but only if you clearly inform the buyer of this before the contract is made.

If you didn't provide information about your business required under the Distance Selling Regulations, the buyer has up to 3 months to cancel the contract and get their money back. To get a general idea of the laws governing distance sales, we recommend that you review BERR’s summary of the Distance Selling Regulations.

(Please note that, under the Sale of Goods Act 1979 (as amended), there's no legal requirement for you to provide a refund if the buyer simply changes their mind.)



Where do the Distance Selling Regulations apply?
The Distance Selling Regulations generally apply to sales to non-business buyers made by sellers acting in the course of a business, which have been made at a distance. In other words, where there is no face-to-face contact between the seller and the buyer before the contract is made. The Distance Selling Regulations usually cover sales made over the internet.

The UK Distance Selling Regulations do not apply to auction format listings on incahoot.com, and do not apply to all types of items.

If your listing doesn't fall under the Distance Selling Regulations, you're not legally obliged to refund a buyer if they change their mind. However, you may choose to provide a service that goes beyond the minimum legal requirement in order to encourage consumers to buy from you. For more information, see BERR’s summary of the Distance Selling Regulations.

8.2   Each of you and we shall be entitled immediately or at any time (in whole or in part), without Liability to the other, to: i) suspend the Incahoot Service and/or Website (in whole or in part); ii) suspend your use of the Incahoot Service and/or Website (in whole or in part); iii) suspend the use of

9.1   You shall fully and promptly indemnify and keep indemnified us against all liabilities, losses, damages, injuries, costs, expenses, fines, demands, claims and proceedings suffered or incurred by us arising (directly or indirectly) out of:

9.1.1   any claims or legal proceedings arising from your use of the Incahoot Service or Website or use of the Incahoot Service or Website through your password, which are brought or threatened against us by any person; or

9.1.2   any breach of this User Agreement by you; or

9.1.3   any liability owed by you to another User.

10.1   This Clause 10 prevails over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies, in respect of:

10.1.1   the performance, non-performance, purported performance or delay in performance of this User Agreement or the Incahoot Service or Website (or any part of it or them); or

10.1.2   otherwise in relation to this User Agreement or the entering into or performance of this User Agreement.

10.2   Nothing in this User Agreement shall exclude or limit our Liability for (i) the tort of deceit; (ii) death or personal injury caused by our Breach of Duty; (iii) any breach of the obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Incahoot Services Act 1982; or (iv) any other Liability which cannot be excluded or limited by applicable law.

10.3   In performing any obligation under this User Agreement, our only duty is to exercise reasonable care and skill.

10.4   We do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Incahoot Service or Website; and we exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature. You should not rely on any information accessed using the Incahoot Service or the Website to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.

10.5   Save as provided in Clause 10.2 but subject to Clause 10.6, we do not accept and hereby exclude any Liability for loss of or damage to your (or any person’s) tangible property other than that caused by our Breach of Duty.

10.6   Save as provided in Clause 10.2 but subject to Clauses 10.5 and 10.8, our Liability for loss of or damage to your (or another person’s) tangible property caused by us, our employees, subcontractors or agents acting within the course of their employment during the performance of this User Agreement, shall not exceed £10.  Neither corruption of data nor loss of data shall constitute physical damage to property for the purposes of this Clause 10.6.

10.7   Save as provided in Clauses 10.2 and 10.5, we do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the terms of this User Agreement.

10.8   Save as provided in Clause 10.2, we shall have no Liability for:

10.8.1   loss of revenue;

10.8.2   loss of actual or anticipated profits;

10.8.3   loss of contracts;

10.8.4   loss of the use of money;

10.8.5   loss of anticipated savings;

10.8.6   loss of business;

10.8.7   loss of operation time;

10.8.8   loss of opportunity;

10.8.9   loss of goodwill;

10.8.10   loss of reputation;

10.8.11   loss of, damage to or corruption of data; or

10.8.12   any indirect or consequential loss;

and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise.  For the avoidance of doubt, Clauses 10.8.1 to 10.8.10 apply whether such losses are direct, indirect, consequential or otherwise.

10.9   Save as provided in Clause 10.2, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) £100; or b) 200% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising.

10.10   The limitation of Liability under Clause 10.9 has effect in relation both to any Liability expressly provided for under this User Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this User Agreement.

10.11   In this Clause 10:

10.11.1   “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this User Agreement, including, without limitation, liability expressly provided for under this User Agreement or arising by reason of the invalidity or unenforceability of any term of this User Agreement (and for the purposes of this definition, all references to “this User Agreement” shall be deemed to include any collateral contract); and

10.11.2   “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).

11.1   Please see our Privacy Policy which forms part of this User Agreement.

11.2   You must have the express consent of any third party (including any relatives or friends) in order for you to disclose or post details about that other third party to us or to the Website and you will be responsible for ensuring that such third party has agreed to this User Agreement before you send any data about them to us or the Website.  

11.3   We may amend or remove data relating to any living individual if they ask us to do so, even if that person is apparently represented by you.

12.1   No partnership/agency:  Nothing in this User Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

12.2   No other terms:  Except as expressly stated in this User Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

12.3   Assignment:  You shall not assign or delegate or otherwise deal with all or any of your rights or obligations under this User Agreement without our prior written consent (which consent we may grant or withhold in our absolute discretion).  

12.4   Force majeure:  

12.4.1   Neither party shall have any Liability for any breach, hindrance or delay in performance of its obligations under this User Agreement which is caused by an Event of Force Majeure, regardless of whether the circumstances in question could have been foreseen.  An "Event of Force Majeure" means any cause outside of the party's reasonable control, including act of God, actions or omissions of third parties (including hackers, suppliers, couriers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil war, civil commotion, war, hostilities, threat of war, warlike operations, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, national emergencies, terrorism, nuclear, chemical or biological contamination or sonic boom, piracy, arrests, restraints or detainments of any competent authority, blockade, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, adverse weather conditions, loss at sea, earthquake, natural disaster, accident, collapse of building structures, failure of plant machinery or machinery or third party computers or third party hardware or vehicles, failure or problems with public utility supplies (including general: electrical, telecoms, water, gas, postal, courier, communications or Internet disruption or failure), shortage of or delay in or inability to obtain supplies, stocks, storage, materials, equipment or transportation. Each Party agrees to inform the other upon becoming aware of an Event of Force Majeure, such notice to contain details of the circumstances giving rise to the Event of Force Majeure.

12.4.2   The performance of each party's obligations shall be suspended during the period that the circumstances persist and such party shall be granted an extension of time for performance equal to the period of the delay.

12.4.3   Each party shall bear its own costs incurred by the Event of Force Majeure.

12.4.4   If performance of any obligations are delayed under this Clause 12, each party shall nevertheless accept performance as and when the other shall be able to perform.

12.4.5   If the Event of Force Majeure continues without a break for more than three months, either party may terminate this User Agreement immediately by notice to the other, in which event neither party shall be liable to the other party by reason of such termination.

12.5   Entire Agreement:  This User Agreement (and our Privacy Policy and any other document referred to in this User Agreement and any other terms and conditions specifically agreed between you and us in writing) contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior User Agreement, understanding or arrangement between the parties, whether oral or in writing.  No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this User Agreement except as expressly stated in this User Agreement.  Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this User Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform this User Agreement) and that party’s only remedies shall be for breach of contract as provided in this User Agreement.  However, the Incahoot Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.

12.6   No waiver:  Unless a party expressly states in writing that it is waiving a particular power, right or remedy in a particular stated instance, no failure or delay or omission by either party in exercising any power, right or remedy under this Agreement or at law shall operate as a waiver of such power, right or remedy; and no waiver in any particular instance shall extend to or affect any other or subsequent event or impair any powers, rights or remedies in respect of it or in any way modify or diminish that party's other powers, rights or remedies under this User Agreement or at law.

12.7   Severability:  If any provision of this User Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this User Agreement shall not be affected.

12.8   Notices:  Unless otherwise stated within this User Agreement, notices to be given to either party shall be in writing and shall be delivered by hand or prepaid overnight courier mail or by fax or by email, which shall be sent to you at the contact details supplied to us or the Website or to us at the contact details as specified on the Website.  Notices shall be deemed received one full Business Day after the time of despatch.

12.9   No third party rights:  Unless expressly provided in this User Agreement, no term of this User Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

12.10   Survival:  The provisions of Clauses 1, 2, 5, 6, 8, 9, 10, 11 and 12, and the disclaimers in this User Agreement relating to use of the Incahoot Service or to third parties, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of this User Agreement.

12.11   Governing law:  This User Agreement (and any non-contractual right or obligation arising out of or in relation to it) shall be governed by and construed in accordance with English law and the User hereby submits to the jurisdiction of the English courts.  The parties irrevocably agree that the English courts shall have exclusive jurisdiction over any claim or matter brought by the User in relation to this Agreement.  Nothing in this Clause 12.11 shall limit our right to take proceedings against the User in any other court of competent jurisdiction.  All dealings, correspondence and contacts between the parties shall be made or conducted in the English language.