Terms & Conditions

Terms Of Use

Please read these Terms Of Use carefully as they govern your access to and use of our Service. By accessing and/or using our Service you enter into a contract with us on the basis of these Terms and you agree to comply with these Terms. You may not use our Service if you do not agree to these Terms. You may wish to print or save these Terms for future reference.

 

  1. Definitions

    The following terms have the following meanings in these terms of use:

    1. “Community Guidelines” means the standard of behaviour expected of Users of the Service and which can be found above.
    2. “Content” – all information of whatever kind (including profiles, reviews, posts, comments, links, audio, video, advertisements, messages) uploaded to our Service (including messages sent via our Service).
    3. “Cookies Policy” means the document which describes what cookies are active on our website, what data they track, for what purpose, and where in the world the data is sent and which can be found at www.senvisible.co.uk/cookies
    4. “Privacy Policy” means the document which describes how we handle your personal data and which can be found at https://senvisible.co.uk/privacy.
    5. “Service” – our website, our App and any related services.
    6. “User” – means persons or organisations using our Service (whether or not registered with us) 
    7. “Malware” means worms, viruses, software bombs, Trojan horses, cancelbots, mass mailings, corrupted files, software used to scrape, strip or mine data or any similar software.
    8. “our” means anything belonging to us;
    9. “we”, “us” and “our” means Senvisible Limited, a company registered in England (company registration number 14690020) with registered offices at 2nd Floor College House, 17 King Edwards Road, Ruislip, London, HA4 7AE.
    10. “you” and “your” means you the natural or legal person who is the user of our Service
    11. “Your Content” means Content uploaded to the Service via your account

  2. Who can use our Service? 

    Anyone may use our Services but to make full use of our Service you must apply for an account. By making such an application you represent and warrant that:

    1. you are resident, in the UK, and:
    2. if you are representing a company or organisation, that it is registered in the UK and that you are duly authorised to do so; and
    3. you are not acting as an agency or other intermediary; and
    4. you are 18 years of age or more; and
    5. you have not been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment or dishonesty; and
    6. you will comply with these Terms and the Community Guidelines; and
    7. you agree to our Privacy Policy and our Cookies Policy; and
    8. you will promptly comply with any reasonable request or instruction by us in connection with the Service.
  3. Your Account
    1. In order for you to create an account, we require you to provide a valid email address. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, Your Content may be rejected and your account may be disabled. Your account is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You are solely responsible for your account and must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. 
  4. Acceptable Use of Service
    1. When using the Service, you warrant that you will not:
      1. breach any applicable law, regulation, any of these Terms or any of the rules in the Community Guidelines;
      2. upload any Content or otherwise behave in a manner, which:
        1. is defamatory, libellous, fraudulent, threatening, abusive, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, bigoted, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
        2. infringes any intellectual property or other rights of others;
        3. involves phishing, scamming or similar; or
        4. we at our sole discretion, otherwise reasonably consider to be inappropriate;
    2. Failure to comply with the above conditions could result in us removing Your Content (or portions thereof); suspending or terminating your licence to use the Service; and/or reporting you to law enforcement, regulatory authorities, or administrative bodies.
    3. upload any Content which includes someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
    4. Impersonate another person, or his or her email address, or misrepresent your experience with a school, local authority or other provider in order to mislead others. You can only leave reviews, representing your own experience and opinions, of services you have truly experienced as a parent/guardian; 
    5. create user accounts under false or fraudulent pretences; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews;
    6. upload any Content which links to any third-party websites which are unlawful or contain inappropriate Content;
    7. sell access to the Service;
    8. use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
    9. sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorised by us;
    10. use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
    11. do anything which may have the effect of disrupting the Service including introduction of Malware - worms, viruses, software bombs, Trojan horses, cancelbots, mass mailings, corrupted files, or similar software to Senvisible or attempt to circumvent any security feature of the Service including features that restrict use or copying of Content or deliberately exploit any bugs found with the Service;
    12. post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
    13. promote, endorse or further illegal activities;
    14. violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
    15. engage in the exploitation of persons in a sexual or violent manner;
    16. solicit personal information from minors;
    17. imply a Senvisible endorsement or partnership of any kind without our express written permission;
    18. introduce software or automated agents to Senvisible, or access the site so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data;
    19. create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party;
    20. "Frame" or "mirror" or otherwise incorporate any part of Senvisible into any website, or "deep-link" to any portion of Senvisible without our express written permission;
    21. copy, modify or create derivative works or any Content (excluding Your Content) without our express written permission;
    22. copy or use the information, Content (excluding Your Content), or data on Senvisible in connection with a competitive service, as determined by Senvisible;
    23. sell, resell, rent, lease, loan, trade or otherwise monetise access to Senvisible or any Content (excluding Your Content) without our express written permission;
    24. interfere with, disrupt, modify, reverse engineer or decompile any part of the service or create an undue burden on the Service or the networks or services connected to the Service. Including gaining unauthorised access to any part of the service or equipment used to provide the Service;
    25. do anything which may negatively affect other Users’ enjoyment of the Service;
    26. use any automated means to interact with our systems excluding public search engines; or attempt, encourage or assist others to do any of the above.
  5. Your Content
    1. We do not claim ownership in, or to, Your Content, but you grant us the rights to use Your Content as set forth below. 
    2. You hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute Your Content in any and all media (now known or later developed) throughout the world and you waive your “moral rights” in relation to such Content to the extent legally allowed. 
    3. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to our exercise of the foregoing license. 
    4. You agree that this license includes the right for us to make Your Content available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of on other media and services. No compensation will be paid to you for Your Content and you should only submit Content that you are comfortable sharing with others under the Terms of the above license. 
    5. You warrant that you have (and will retain) all rights and permissions needed to enable use of Your Content as contemplated by the Service and these Terms. You are solely responsible for Your Content and you agree, by submitting Your Content for use on the Service that you have reviewed and understood our Community Guidelines. You understand that you may expose yourself to liability if Your Content or other use of the Service violates applicable law or any third-party right. 
    6. If you post a review, you warrant that you have no personal or business relationship with the entity, product or service being reviewed, that you are not a competitor of that entity, that you have not been offered any incentive to write the review and that the review is your independent, honest and genuine opinion.
    7. If you share Your Content with third party sites, we are not responsible for use of Your Content on those third-party sites. 
    8. We reserve the right without notice to reject, suspend, alter, remove or delete Your Content (or any portion thereof) or to disclose to the police or other relevant authorities or to a complainant any of Your Content or behaviour if it is the subject of complaint or where we believe, in our sole discretion, that it violates these Terms (including our Community Guidelines).
    9. We do not accept responsibility if Your Content is misused by others as this is outside our reasonable control. 
    10. We reserve the right in our discretion without notice to edit the text or layout of any profile or other Content uploaded to our Service to ensure it complies with our terms and guidelines and otherwise in accordance with how we think your presence should appear on our Service.
    11. We reserve the right to place advertisements adjacent to or within Your Content. We retain all revenue from such advertisements.
  6. Content belonging to other Users
    1. Content belonging to other Users, advertisers, and other third parties is made available to you through the Service. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available to you.   
    2. The Service contains Content provided by us and our licensors and we own and retain all proprietary, including all intellectual property, rights in the Content. 
    3. We hereby grant you a limited, revocable, non-sublicensable licence to download, view, copy and print Content from the Service solely for your personal use. You agree not to reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on the Content (excluding Your Content).
  7. Dealing with other Users
    1. You accept that we have no obligation to vet or monitor Users or their Content. You rely on such information and/or deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. It is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate or that a person is who he or she claims to be.
    2. You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If you have any complaint about another User, please contact us at us at complaint@senvisible.co.uk with details of your complaint. We may in our discretion try to resolve the dispute but we do not promise to get involved.
    3. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. 
  8. Other People’s Services / Advertising / Websites
    1. We may display other peoples’ services, advertising and links to other websites. We do not sponsor, recommend or endorse, nor are we legally responsible for, those sites or services.
  9. Defending Our Users
    1. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.
    2. If you are a Provider, you acknowledge that we permit Parents to post reviews in relation to you and/or your services and that these will be publicly available for viewing and will remain so after this agreement ends. We are not responsible for monitoring or editing reviews. You acknowledge that such reviews may be critical or defamatory of you.
  10. Our Guidance
    1. We do not guarantee that guidance or other general information found on our Service is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice and is not tailored to your personal circumstances. You rely on such information at your own risk.
  11. Support
    1. We do not provide support to Users except to the extent specifically stated elsewhere in these Terms. 
  12. Functioning Of Our Service
    1. We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
    2. You acknowledge that technology is not secure and you accept the risks inherent in use of the Internet or other technology for the purpose of using the Service.
  13. Termination
    1. You may terminate this contract at any time by writing to us at info@senvisible.co.uk. 
    2. We may suspend or terminate your account or your access to parts of the Service, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of Your Content. 
    3. All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of Senvisible. For the avoidance of doubt, you agree that these Terms apply to your use of Senvisible and any Content posted on Senvisible at any time prior to the termination or expiration of these Terms. 
    4. Following Termination:
      1. Your right to use our Service and all licences granted by us shall end and your account will be closed.
      2. Existing rights and liabilities are unaffected.
      3. All clauses in this contract which are stated or intended to continue after termination will continue to apply.
      4. You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.
      5. All provisions of these Terms shall survive termination except those provisions granting access to or use of our Service.
    5. See our Privacy Policy for more information about our retention of personal information.
  14. Indemnity 
    1. You agree to defend, indemnify, and hold us harmless from any loss, liability, claim, or demand, including reasonable solicitor' fees and costs, made by any third party due to or otherwise arising from your use of the Service, including due to or arising from your breach of any provision of these Terms. 
  15. Disclaimers and Limitation on Liability 
    1. The disclaimers and limitations on liability in this clause apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
    2. You are solely responsible for your interactions with advertisers and other Users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or User of the Service. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on our Service, whether caused by Users or by any of the equipment or programming associated with or utilized by the Service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other Users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on our Service or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with our Service. Under no circumstances shall we be responsible for any loss or damage resulting from the use of our Service or from any Content posted on our Service or transmitted to Users, or any interactions between Users of our Service, whether online or offline.
    3. Our service is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) our Service will meet your requirements; (2) our Service will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of our Service will be accurate or reliable.
    4. You hereby release us from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other Users) (2) your participation in any offline events.
    5. In no event shall we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of our service, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, where permitted by applicable law, you agree that our liability to you for any damages arising from or related to your use of our service (for any cause whatsoever and regardless of the form of the action), will at all times be limited to one pound.       
  16. Intellectual Property Rights
    1. The intellectual property rights in all material used on or in connection with our Service are owned by us or our licensors. You agree not to rent, lease, loan, or sell access to our Service. Any trademarks, logos and service marks ("Marks") displayed on our Service are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent of the Mark’s owner
    2. You may not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
    3. If you upload any Content to our Service (including logos, trademarks and brand names), you retain ownership of the intellectual property rights. You allow us at no cost, and forever, to use and adapt all or part of such material however as we wish on our Service and on other peoples’ websites. You waive your “moral rights” in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions.
  17. Events Outside Our Control
    1. We are not liable for failure to perform or delay in performing any obligation under this contract if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
  18. Privacy
    1. You acknowledge and agree that we may process your personal information in accordance with the terms of our Privacy Policy and Cookies Policy which is subject to change from time to time.
    2. You acknowledge that we do not supply Users with access to any personal or other information provided to us or generated by use of our Service other than as explained on our Service. We do not share any such information with anyone else except insofar as this is necessary for the proper functioning of our Service.
  19. Changes to these Terms 
    1. We may revise these Terms from time to time by posting an updated version on our Service. The revised Terms will be effective immediately. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the website prior to the change becoming effective. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. Your continued use of our Service is subject to your agreement of the most current effective version of these Terms. 
    2. If you don’t agree to the new Terms, you may terminate your contract with us.
  20. Transfer
    1. We may transfer all or part of our rights or duties under this contract provided we take reasonable steps to ensure that your rights under this contract are not prejudiced. As this contract is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
  21. English Law
    1. This contract is governed by English law and any disputes will be decided only by the courts of the United Kingdom.
  22. General
    1. These Terms constitute the entire agreement between you and us regarding the use of our Service and these Terms supersede all previous Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this contract. We may send all notices under this contract by email to the most recent email address you have supplied to us. You can contact us by email at info@senvisible.co.uk or by letter at our registered address. Headings used in this contract are for information and not binding. If either of us overlooks any breach of this contract by the other, it can still be actioned later. If any part of this contract is ineffective or unenforceable for any reason, the rest of the contract shall continue to apply. A person who is not a party to this contract shall have no rights to enforce this contract except insofar as expressly stated otherwise. The parties to this contract are independent of one another and, except as otherwise specifically stated above, nothing in this contract constitutes any party as agent, employee or representative of the other.
  23. Complaints
    1. If you have any complaints, please contact us via the email contact details.