User Terms and Conditions

  • 1

    Introduction

  • 1.1
    We are AD2BASKET LIMITED, a limited company incorporated in England with registered number 07965113 and registered address at 108 Alfred Court, Fortune Green Road, London NW6 1DF and we trade as “SHOPWYRE” (referred to as "we", “us” and “Shopwyre”). For the purpose of the Data Protection Act 1998 (the Act), the data controller is AD2BASKET LIMITED which is registered with the ICO with registered number [TBC].
  • 1.2
    We provide the Shopwyre widget (the “Widget”) which can be found on various brand and social networking websites as well as being operable on other electronic and print media. By using the Widget you will be given the opportunity to add the item you are viewing to your shopping basket with one of a number of retailers (our “Partners”).
  • 1.3
    These Terms and Conditions (as may be amended from time to time) set out the terms on which we provide the Widget. By using the Widget, you acknowledge and agree to be bound by these Terms and Conditions.
  • 1.4
    We may at any time without notice modify these Terms and Conditions. We will display the latest version of these Terms and Conditions at www.shopwyre.com/terms. By using the Widget after these Terms and Conditions have been modified, you will be deemed to have accepted and agreed to be bound by the modified Terms and Conditions. Please therefore check back to this page on a regular basis.
  • 2

    Privacy

  • 2.1
    We are committed to protecting and respecting your privacy. This section explains what types of personal and non-personal information we collect when you use the Widget or when we speak or otherwise communicate with you and the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. By using the Widget, disclosing your personal information to us by speaking to us over the telephone or communicating with us electronically you consent to the collection, storage and processing of your personal information as stated in this section.
  • 2.2
    Shopwyre uses the personal and non-personal information we collect from you to provide our service to you. We will not rent, sell or share your personal information with any other company for its own marketing purposes without your consent except where mentioned in this policy.
  • 2.3
    When you use the Widget on a brand’s website, you will be given the option to add the product that you have chosen to your shopping trolley provided by one of our Partners. The first time you choose to add a product to a shopping trolley held with one of our Partners using the Widget, you will be requested to login to our Partner’s website. By entering your login details, those login details may be stored in one or more temporary or permanent cookies on your hardware which will negate the need for you to enter your login details every time you use the Widget. If you choose to delete stored cookies and/or block cookies entirely, you will have to enter all of your login details to our Partner’s website each time you use the Widget.
  • 2.4
    If you contact us by email or telephone, we may ask you to provide information including your name, address and email address and telephone number.
  • 2.5
    We may collect anonymous data about your browsing habits including your IP address, the way you navigate around the page and the items selected by you to be added to a shopping trolley.
  • 2.6
    We may use your personal information for the following purposes:

    (a) to provide our services to you and/or our Partners and brands; and
    (b) to deal with complaints and feedback from you about our service.
  • 2.7
    Except to the extent required by any applicable law or governmental or judicial body, we will not disclose your login details other than to any Partner so that you can add items to your shopping trolley provided by such website. We may also disclose your personal information to third parties:

    (a) in the event that we sell or buy any business or assets, in which case we may disclose any personal and non-personal data to the prospective seller or buyer of such business or assets; and
    (b) if Ad2Basket Limited or substantially all of its assets are acquired by a third party, in which case personal and non-personal data held by it about its customers will be one of the transferred assets.
  • 2.8
    We may aggregate non-personal information collected relating to your location, browser behaviour and shopping habits with those of other users and disclose such aggregated anonymous information to our Partners and other third parties.
  • 2.9
    Cookies are text files stored, either on a temporary or persistent basis on the hard drive of your computer. Cookies are used for authenticating, session tracking and maintaining specific information about the use and users of the Widget.
  • 2.10
    The data collected by cookies is anonymous. You can delete all cookies that are already on your computer's hard drive by searching for files with "cookie" in it and deleting them. In addition, if you want to stop cookies from being stored on your computer, you can edit your browser settings so that cookies are blocked. Unfortunately, if you block cookies you may not be able to use the full functionality of the Widget. For more information about cookies, please visit: www.allaboutcookies.org
  • 2.11
    Web beacons consist of a small string of software code that represents a graphic image request on a Web page or email. There may or may not be a visible graphic image associated with the web beacon and often the image is designed to blend into the background of a Web page or email. Web beacons can be used for many purposes - including site traffic reporting, unique visitor counts, advertising auditing and reporting, and personalization.
  • 2.12
    In order to improve the Widget and the services we offer you, we may use (temporary and persistent) cookies, authorised third parties cookies, web beacons and/or other technologies to collect non-personally identifiable data. This non-personally identifiable data helps us to track browsing behaviour, to create specific or tailor-made offers or advertisements, and to monitor and record the visits and use of the Widget.
  • 2.13
    The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By using the Widget and/or submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy section.
  • 2.14
    The Data Protection Act 1998 (the “Act”) gives you the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@shopwyre.com.
  • 2.15
    The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
  • 3

    Your Conduct

  • 3.1
    By using the Widget you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Widget or the website of any Partner or brand.
  • 3.2
    You also agree not to:

    (a) interfere with the servers or networks connected to the Widget or violate these Terms and Conditions;
    (b) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Widget to any third party, or jeopardize the correct functioning of the Widget, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, processes and infrastructure) that enables or underlies the Widget.
  • 4

    Intellectual Property

  • 4.1
    Shopwyre and/or its licensor(s) are the sole owners of the Widget, which includes any software, domains, and content made available through them. The Widget is protected by UK and international copyright and other intellectual property laws.
  • 4.2
    We permit you to use the Widget for your own personal and non-commercial use only and we grant you a limited license solely for that purpose.
  • 4.3
    Any unauthorized use of the Widget will result in the automatic termination of the limited license granted by us. Shopwyre reserve the right to terminate the limited license without notice at any time following an unauthorized use by you of the Widget.
  • 4.4
    Shopwyre and its graphics, logos, icons and service names related to the Widget are registered and unregistered trademarks or trade dress of Shopwyre. They may not be used without Shopwyre’s prior express written permission.
  • 4.5
    All other trademarks not owned by Shopwyre that appear in connection with the Widget are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Shopwyre.
  • 4.6
    If you object to any use of your trademark or logo in connection with the widget, please contact us immediately and we will remove and/or adapt the logo in accordance with your instructions.
  • 5

    No Warranty and Liability Limit

  • 5.1
    Shopwyre provides the Widget "as is" and without any warranty or condition, whether express, implied or statutory. Shopwyre specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Shopwyre assumes no liability or responsibility for any errors or omissions in the Widget, any failures, delays or interruptions in the operation of the Widget, any losses or damages arising from your use of the Widget, including, without limitation, any unauthorised access to any account you hold with a Partner. We reserve the right to deliver the Widget in our sole and absolute discretion.
  • 5.2
    In no event shall Shopwyre, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Widget or these Terms and Conditions, on any theory of liability, and whether or not advised of the possibility of damage. Shopwyre does not seek to exclude liability for death or personal injury caused by any negligence, or fraud or fraudulent misrepresentation on the part of Shopwyre. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
  • 5.3
    In using or accessing third party services and websites, (including those of our Partners) you agree to be bound by the terms and conditions of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
  • 6

    Indemnity

  • 6.1
    You agree to indemnify and hold Shopwyre, and each of its respective shareholders, directors, officers, employees, agents, brand, media and other customers and Partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your violation of any law or the rights of any third party or these Terms and Conditions.
  • 7

    Termination

  • 7.1
    Shopwyre may change, discontinue, suspend or cease to provide the Widget at any time without prior notice. We reserve the right to terminate these Terms and Conditions for any reason, without notice, and these Terms and Conditions shall automatically terminate in the event that you violate any of the terms and conditions set forth herein (with prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease access to the Widget.
  • 8

    General

  • 8.1
    These Terms and Conditions are agreed between Shopwyre and you. No other person shall have any rights under or connection with these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.
  • 8.2
    If any court or competent authority decides that any term of these Terms and Conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
  • 8.3
    Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
  • 8.4
    Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
  • 8.5
    You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms and Conditions without our prior express written consent.
  • 8.6
    These Terms and Conditions set forth the entire understanding and agreement between you and Shopwyre with respect to the subject matter hereof.
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