Terms & Conditions
These are your terms and conditions
("Terms and Conditions") which govern
your use of the publisher specification and advertisement delivery system offered via
this website (the “Website”) or via an API,
together with any and all associated information (the "Specle
Service"), unless agreed otherwise in writing with Specle
Limited, who offer the Specle Service. An important purpose of these Terms and
Conditions is to regulate, as between you and us, the purposes for and the way in which
you may use the Website, including our databases or any copies thereof, the Specle
Service and our other intellectual property.
Specle Limited is a company registered in England and
Wales with company number 05981666 and having its registered office at
Specle Limited, PO Box 411, Cobham, UK, KT11 9FT. When we refer to
"you" and "your" in these Terms and Conditions we mean the user of
the Specle Service and/or the Website. When we refer to "we", "us" and "our" we mean Specle
Limited.
By clicking to accept these Terms and Conditions during
the account registration process ("Registration
Process") you will become a registered user of the Specle
Service. By using the Website, you indicate that you accept and agree to be bound by
these Terms and Conditions which will form a legally binding contract between you and
us. Where you enter into these Terms and Conditions on behalf of your employer you
warrant that you have the authority to do so.
- USER ACCOUNTS
- In order to use the Specle Service you are required
to complete the Registration Process to set up a user account ("Account") via the Website. As part of the Registration Process you will be
required to submit a valid email address and telephone number and a password which
you will use to login to your Account in the future ("Login
Details"). Once you have successfully completed the Registration Process we will send you
an email to the address you have registered confirming that your Account has been
activated. You may begin using
the Specle Service as soon as your Account has been activated.
- Accounts and Login Details are personal to the
registered user to whom they are allocated. They may not be used by any third
party. In order to prevent any unauthorised person making use of your Login
Details you should ensure that you keep them secret and confidential and under no
circumstances should you share them with any other person. You will be fully responsible for any accidental
or unauthorised disclosure of your password to any other person and shall bear the
risk of it being used by unauthorised persons without your consent.
If you believe that your Login Details
have been misused or if you believe that the security of the Website has been
compromised in any way you must notify us immediately.
- You must not use your Account to send or post any
material which is obscene, indecent or unlawful or upload any files that contain
software or other material protected by intellectual property laws (or by rights of
confidentiality or privacy of publicity, where applicable) unless you own or control
the rights thereto or have received all necessary consents. You agree not to upload any files that contain
viruses, corrupted files, or any other similar software or programs that may damage
the operation of the Website, the Specle Service or our equipment or
systems.
- We reserve the right to deny or restrict access to
your Account or to revoke access to your Account at any time. If you forget your password you can use the "Help
I forgot my password” section to be emailed a reminder.
- THE SPECLE SERVICE
- The Specle Service provides a web-based mechanism for
you to send advertisements to publications listed in the databases underlying the
Specle Service. In order to use
the Specle Service you should first open an Account.
- Where you wish to use the Specle Service you should
upload a PDF of your advertisement (a "File")
- While every effort is made to ensure that the quality
of the Files submitted via the Specle Service is of the required standard,
advertisement availability and specifications can and do change, sometimes at short
notice. Accordingly we cannot guarantee that a File which you send using the
Specle Service and which passes its validation checks will be accepted by the
publication, or publications, to which it is to be sent.
- When the Specle Service indicates that your File has
been delivered and /or collected, it means no more than that it has been received by
the publication. You
acknowledge that the Specle Service is only for delivery of Files to a publisher and
that in particular Specle cannot control what a publisher does with the File once
delivered to it, the quality of the final publishing, or the failure by the publisher
to publish the final advertisement. Any File you submit using the Specle Service may also be subject to the relevant
publisher's terms and conditions.
- FEES
-
Many, but not all, of the services incorporated within
the Specle Service are provided at no charge. You will be notified of
any fees you are required to pay before you upload a File via the Specle
Service. Fees for use of the Specle Service may be amended from time to
time in our sole discretion. Sometimes there are 3rd party gateway fees
that relate to certain publishers in certain territories. These are
typically billed in arrears by the gateway provider and will be passed
through without any additional handling or administration fees by
Specle.
- PAYMENT
- Where you use a
paid Specle Service, you will be asked to pay by credit or debit card when you
deliver a File. You will receive an invoice to the email address registered for your
Account. In some cases, manual
billing can be arranged and an administration fee will be applied to process payment
manually. Payment of invoices for manual billing is due within thirty (30) days of
the date of the invoice. In a
small number of cases we may call you to arrange payment of the balance due, either
instead of, or in addition to emailing you an invoice for your use of the Specle
Service. Where you fail to pay
an invoice by the due date we reserve the right to freeze your Account until full
payment is received.
- In the early stages of opening an account and sending
files, Specle reserves the right to call or communicate with you to verify your
details and payment capabilities. In some cases Specle may demand an early payment if
there are a large number of files sent before allowing you to
continue.
- Payment may only be made by credit card, debit card,
direct debit, or BACS.
- REFUNDS
- If at any time you are dissatisfied with our service and your ad content did
not reach the intended destination you may request a refund or credit from the Specle team at support@specle.net.
Refunds and credits are offered at the discretion of the company.
- AVAILABILITY
- The Specle Service is an Internet-based
service. While Specle will make
all reasonable efforts to ensure the availability of the Specle Service we make no
representations or warranties that your use of or access to the Specle Service will
be uninterrupted or error-free. We do not accept any responsibility for interruptions to the availability of the
Website or the Specle Service and we shall not be liable for any loss, damage,
expense, costs, delays or other liability whatsoever (including without limitation
any financial losses such as loss of profit) which you may incur as a result of the
Website, any part of it, or the Specle Service, being unavailable at any time for
whatever reason.
- SUPPORT
- Our customer service desk is open from 9:00am until
6:00pm in the UK, Monday to Friday (excluding any day which is a public holiday in
the UK), to respond to your queries concerning your use of the Specle Service.
Customer support includes telephone support and email support. We then operate an out of hours support for emergencies only between the
hours of 6:00pm to 9:00pm business days.
- Specle Service support is not available during
weekends or during public holidays.
For email queries please contact us at support@specle.net.
- OWNERSHIP AND USE
- You acknowledge that all intellectual property rights
(including, but not limited to, copyright, database rights, goodwill and trade marks)
in or relating to the contents of the Website or to the form, creation, content,
arrangement or design of the Specle Service (the "Intellectual Property"), belong either to us or our
third party licensors, unless otherwise stated. In particular, any trade marks
displayed may be registered and nothing contained in these Terms and Conditions or on
the Website should be construed as granting any licence or right to use or copy any
of the trade marks or Intellectual Property without our prior written
permission.
- Specle invests substantial resources in creating or
obtaining, maintaining and providing the Intellectual Property, in particular its
databases, and is highly protective of it. Specle does not assert ownership of
the individual advertisement specifications provided as part of the Specle Service:
those belong to the publishers, who use the Specle Service to disseminate them.
Therefore you agree not to:
- access the Website or the Specle Service or use any
part of the material or content provided on the Website or by the Specle Service to:
(i) create or amend your own or a third party’s databases, records or directories; or (ii)
provide any kind of commercial information service or any service which competes with
the Specle Service, without the express written permission of each publisher whose
data you are accessing; or (iii) pass yourself or anyone else off as connected to us
where that is not the case;
- use any automated means to scan, copy, scrape,
monitor or otherwise exploit the Website, the Specle Service or the material or
content provided on the Website or by the Specle Service; or
- copy, transmit, distribute, exploit, modify, merge,
share or create derivative works of such material or content or use it for commercial
purposes, without the prior written consent of Specle and/or
any applicable third party licensors.
- You may link to the Specle home page or any other
page within the Specle website including publisher ad specifications or ad portals,
provided you do so in a way that is fair and legal and does not damage our reputation
or take advantage of it, but you must not establish a link in such a way as to
suggest any form of association, approval or endorsement on our part where none
exists. The Website must not be framed on any other site, nor may you create a link
to any part of the Website other than the home page. We reserve the right to withdraw
linking permission without notice.
- By submitting the File to us, you grant us a
worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to
use the File in order to provide the Specle Service. You hereby agree that you will
not submit material that is copyrighted, protected by trade secret or otherwise
subject to third party proprietary rights, including privacy and publicity rights,
unless you are the owner of such rights or have permission from their rightful owner
to submit the material and to grant us the licence rights set out in this paragraph
7.4. YOU AGREE TO INDEMNIFY US AGAINST ALL LIABILITIES, LOSSES, DEMANDS, DAMAGES,
COSTS, CLAIMS, EXPENSES (INCLUDING LEGAL EXPENSES) AND INTEREST SUFFERED BY US,
INCLUDING PAYMENT OF COMPENSATION TO A THIRD PARTY AND ITS EXPENSES IN SETTLING SUCH
THIRD PARTY CLAIM, AS A RESULT OF ANY FAILURE BY YOU TO COMPLY WITH YOUR OBLIGATIONS
IN ACCORDANCE WITH THIS PARAGRAPH 7.4.
- The Website may contain links or references to other
websites maintained by third parties. Such links are provided solely as a convenience
to you. We are not responsible for the content of any websites that we link to or
that have links to the Website, or for the legal consequences of your entering into
any contracts with third parties.
- WARRANTIES AND EXCLUSION OF LIABILITY
- We do not give any warranty in relation to the
condition, accuracy, suitability or quality of the Specle Service or our
Website.
- We assume no liability for any File processed by the
Specle Service which does not meet the required publishing standards or which is
rejected.
- While we endeavour to deliver Files to you within the
prescribed timescales we assume no responsibility for the timeliness of performance
of the Specle Service or delivery of a File to the designated
publisher.
- We shall not be liable to you if the Specle Service
is used in a manner in breach of these Terms and Conditions.
- Except as expressly provided in these Terms and
Conditions, all implied warranties are excluded to the fullest extent permitted by
law.
- In connection with any File you submit through the
Specle Service, you represent and warrant that you own or have the necessary
licences, rights, consents, and permissions to use and upload such File and are
entitled to carry out all acts as are necessary to submit the File using the Specle
Service.
- LIMITATION OF LIABILITY
- In no event will we be liable to you or any other
person for any loss of profits, loss of savings, loss of data, or any other special,
consequential or incidental loss or damage arising out of or relating to these Terms
and Conditions, or any other information, product or services furnished by us under
these Terms and Conditions or the use thereof, even where we have been advised of the
possibility of such loss or damage. Our aggregate liability in connection with any claims howsoever arising out of
or relating to these Terms and Conditions, or any other information, products or
services furnished by us under these Terms and Conditions will in any event be
limited to the amount two hundred and fifty pounds (250) pounds sterling per claim or
series of claims. Nothing in
these Terms and Conditions shall operate to relieve us from liability for death or
personal injury caused by our negligence or that of our employees or agents or any
other liability that cannot be excluded by law.
- DATA PROTECTION
- If and to the extent that we process any personal
data in connection with the Specle Service you acknowledge that we will be acting as
a data processor on behalf of you, the data controller. Before sending such personal
data to us you should ensure that it has been collected and provided in accordance
with the Data Protection Act 1998 and that you are entitled to share it with
us. For the purposes of this
paragraph 10.1 the terms "data controller", "data processor", "personal data", and
"process" shall have the meaning ascribed to them in the Data Protection Act 2018 and
the term "processes" shall be construed accordingly.
- To find out more about how we use your personal
information please see
https://specle.net/privacy_policy.
- PRIVACY
- On visiting the Website cookies will be sent to your
computer. We use these cookies
to keep track of your browsing patterns. Whilst you can set your browser not to accept
cookies there may be certain parts of the Website which are inaccessible if cookies
are not enabled on your computer. We may use also web beacons in combination with cookies on the Website, in our
emails to help us to understand how you interact with the Website and enable us to
measure the effectiveness of the Website and its advertising. By accepting these Terms and Conditions and by continuing your use of the
Specle Service, you consent to the use of cookies described in these Terms and
Conditions.
- To find out more about web beacons and cookies and
how to delete them please click on the following link
www.allaboutcookies.org.
- GENERAL
- We reserve the right to make changes to these Terms
and Conditions and to the Specle Service at any time. Any such change to the Terms and Conditions will
be effective once published on the Website. You should check the Terms and Conditions
periodically to ensure that you are familiar with and complying with the current
version.
- You acknowledge that the security of information,
including advertisements, sent via the internet cannot be
guaranteed.
- If either we or you are unable to perform any of our
obligations under these Terms and Conditions by reason of the occurrence of an event
beyond our reasonable control, the party unable to perform its obligations shall be
excused from the performance of such obligations for the period equivalent to the
delay caused by such event. In
the event that the force majeure event continues for more than fourteen (14) days
either we or you may terminate these Terms and Conditions. For the avoidance of doubt an inability by you to
pay for the Specle Service will not constitute such an event for the purposes of this
paragraph.
- These Terms and Conditions contain the entire
understanding between the parties as to the use of the Specle Service and the
Website.
- In the event that any of these Terms and Conditions
or provisions are determined by any competent authority to be invalid, unlawful or
unenforceable to any extent, such term, condition or provision will be severed from
these Terms and Conditions and the remaining Terms and Conditions will continue to be
valid to the fullest extent permitted by law.
- These Terms and Conditions, and any non-contractual
obligation arising out of or in connection with them, shall be governed by, and
construed in accordance with, English Law and each party agrees to submit to the
non-exclusive jurisdiction of the English Courts.