WEBSITE TERMS OF USE
Version 1.0.1 – Updated 20/07/18
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

This terms of use (Terms of Use) (together with the documents referred to in it) tells you the terms and conditions of use on which you may make use of our website www.sortit.com or any other variant domain that we operate (our site or sortit.com), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site. Your agreement to comply with and be bound by these Terms and Conditions is deemed as provided upon your first use of the Website.

sortit.com is a website that allows an individual to contact a business via the website in seeking a product or service. Information may be passed from one party to the other via the interface in the course of serving a customer’s request.

Please read these Terms of Use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

The Terms of Use will also apply to all channels of communication and media developments as offered to you as part of our service and shall be amended from time to time in accordance with section Changes to these Terms of Use below.

By clicking your acceptance and continuing to use our site, you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these Terms of Use, you must not use our site.

Other applicable terms

These Terms of Use refer to the following additional terms, which upon your acceptance also apply to your use of our site:

Information about us

We have our office at Apollo House, Eboracum Way, Heworth Green, York, North Yorkshire, YO31 7RE. Our main trading address is Apollo House, Eboracum Way, Heworth Green, York, North Yorkshire, YO31 7RE.

PRIVACY TERMS

Your privacy is very important to us. We have written our Privacy Policy to outline the important terms about how you can use our site to share information and your content with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.

SHARING YOUR CONTENT AND INFORMATION

We do not own any of your content and information, ownership of everything you post on our site remains with you. You can decide how it is shared through your privacy and application settings. In addition:

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with www.sortit.com (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

When you delete IP content, it is recycled to a bin in our computers. However, you understand that removed content may continue to be available in backup copies for a reasonable period of time (but will not be available to others).

Sometimes you may decide to use an application on our site, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.

When you publish content or information in a publicly visible area on our site for access by other Shoppers or Retailers, it means that you are allowing everyone, including other people on our site, to access and use that information.

Information you disclose or publish through our site to a Retailer may be used by a Retailer for the purposes you agree with the Retailer. Retailers agree with us to use your information only for the purpose of marketing or selling their products or services to you and any other purposes you agree with the Retailer. sortit.com has no control over the information, data or images you agree can be used by the Retailer.

Changes to these terms

We may revise these terms of use for any legal or administrative purpose or to correct any inaccuracies in terms of images or statements at any time or in all other cases by amending the “Updates Page” and by providing you with seven days’ notice by posting the change on the Updates Page and giving you an opportunity to comment. In the same way we may also make any changes to any of our Policies or Codes of Practice.

Please check our Updates Page from time to time to take notice of any changes we made, as they are binding on you. By continuing to use the site, after we have notified you or posted a change to the Updates Page you confirm your acceptance of any such changes.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available to Shoppers free of charge. For other users there may be charges involved depending on how the site is used.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Please note, we may terminate or suspend your use of the site without notice in circumstances where you breach any of our Terms or Policies in all other circumstances we will try to provide you with as much notice as is reasonable in the circumstances.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@sortit.com.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we are reliant on third parties such as retailers and advertisers who provide us with content and make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Liability

The inclusion of any retailer on our site is not in any way a warranty by us that the retailer will perform its obligations under any transaction you enter into. We do not endorse or recommend the goods or services offered by the retailer. The information on our site about the goods and services on a retailers website is given or made available to us by the retailer. We have not checked the information independently. We give no warranty of any kind, express or implied:

  • That any information about goods on our site or the retailers site is accurate, up to date or complete; or
  • That any statements by us relating to any products or services, included on the Site, constitutes any warranty that the goods and services are fit for a particular purpose or of satisfactory quality. You must make your own decision when you visit the retailers website.

With regards to wine purchases we would point out that the retailers website may ask for proof of age and a certificate that any purchaser of alcoholic beverages is over 18. We also provide at the foot of our site a link to the Drink Aware website.

We are not responsible for making arrangements for any payments between you and the retailer. Payment should be made directly to the retailer using the method of payment you choose on the retailer's Website. If you cancel or withdraw from a transaction after making a payment then this will be totally governed by the retailers terms and conditions and we have no responsibility to give you any refund.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
  • your dealings with or contracts with any third party (including but not limited to retailers) who you contact using our site and with whom you may enter contracts for the supply of any goods or services.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

If anyone brings a claim against us related to your actions, content or information on our site, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable professional and legal fees and costs) related to such claim. Although we provide rules under our Acceptable Use Policy in relation to your conduct, we do not control or direct users' actions on our site and are not responsible for the content or information users transmit or share on our site.

We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on our site. We are not responsible for the conduct, whether online or offline, or any user of our site.

WE USE REASONABLE ENDEAVOURS TO KEEP OUR SITE UP AND RUNNING, BUG AND ERROR-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING OUR SITE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT OUR SITE, OR ANY CONTENT ON IT, WILL ALWAYS BE AVAILABLE OR BE UNINTERRUPTED. ACCESS TO OUR SITE IS PERMITTED ON A TEMPORARY BASIS. WE MAY SUSPEND, WITHDRAW, DISCONTINUE OR CHANGE ALL OR ANY PART OF OUR SITE WITHOUT NOTICE. WE WILL NOT BE LIABLE TO YOU IF FOR ANY REASON OUR SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

SORTIT.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF USE OR USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF THIS TERMS OF USE OR USE OF OUR SITE WILL NOT EXCEED THE GREATER OF FIFTY POUNDS STERLING (£50) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

IN CIRCUMSTANCES WHERE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SORTIT.COM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not represent our views or values.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of- service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact support@sortit.com.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

If you are a business, these terms of use, its subject matter and its formation (and any non- contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Trade marks and names

"sortit" is a European registered trade mark (registration no: 3020590).

Contact us

To contact us, please email support@sortit.com.

Thank you for visiting our site.