Terms and Conditions of Use
The Entr Service:
These Terms and Conditions of Use, refer to the services provided by Entr.co herein referred to as "Entr", "we", "us" or "our". All services provided by Entr either through smart phone applications, website or other telecommunication media shall hereto be referred to as the “Service.”
This Agreement is subject to change at any time, effective upon the User using the Service. Your use of the Service will constitute your acceptance of and agreement to any such changes. You should frequently review the Agreement and it’s constituent parts to see if they have been changed.
For the avoidance of doubt; If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Entr may change, modify, suspend, or discontinue any aspect of the Service at any time. Entr may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
The Entr Service:
The Entr service is an internet/telecommunications based facilitation tool through which, registered Users can, via smart phone apps, websites or other telecommunication channels, enter and share competitions, offers, surveys offers by international, national and local businesses.
Its primary purpose is to link business with product and service announcements (“businesses”) with consumers who wish to hear about their news and enter compeitions to win their products (“users”).
The Entr Service is a user connection / facilitation tool only
Entr does not take part in the interaction between Users and Businesses but only facilitates and virtually connects them. Entr does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any postings made, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users.
Entr has no control over the quality, timing or legality of postings that have been made or responded to by its Users. Entr does not perform any background checks of it’s Users and so cannot confirm that each User is who they claim to be. Subsequently, Entr does not assume any responsibility for the accuracy or reliability of any information on the Service that have been posted by its Users.
When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know.
Terms and Conditions:
If you are under the age of 16 or object to anything within this Agreement, you are not permitted to use the Service.
Absolutely nothing in the Agreements shall be deemed to confer any third-party rights or benefits.
You are not permitted to use the Service for any purpose that is unlawful or prohibited by the Agreement. By using the Service you fully accept the terms, conditions, disclaimers and warranties contained in this Agreement. You also acknowledge and accept that Entr may refuse you access to its Services without prior notice, for any reason whatsoever.
Users who have been suspended or removed from the system for whatever cause are required to contact Entr prior to opening up a new account, requesting permission to do so.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
Privacy and Information Disclosure
You understand and accept that Entr does not control or endorse the Content and as such cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Service you may be exposed to content that may be offensive and/or indecent.
Entr will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted, received or agreed via the Service that we provide and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
In using the Service you agree that, without limitation, you may not at any time:
- Use the Services to conduct surveys, send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise. li>
- Post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing, unlawful or otherwise objectionable.
- Post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or community on account of their race, religion, disability, nationality or otherwise.
- Use the Services to assist or partake in any illegal purpose, including but not limited to conspiring to violate any applicable laws or regulations.
- Use the Service for any purpose which is in violation of local, state, national, or international law or violate any applicable laws or regulations.
- Threaten abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others.
- Use the Services/website in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Services/website. For example, intentionally posting content into fields that are not intended for that content.
- Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement.
- Hack or interfere with Entr its servers or any connected networks.
- Attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Service/website through hacking, password mining or similar.
- Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party. Including forging of headers, website pages or otherwise manipulating identifiers in order to disguise the origin of any communication or Content transmitted or published to either give the appearance that it did or did not originate from Entr
- Make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another.
- Use a robot, spider, manual and/or automatic processes or devices to data- mine, data-crawl, scrape or index Entr or the Entr Service/website in any manner.
- Collect or store personal information about others, including email addresses.
- Impersonate any person or entity for the purpose of misleading others.
- Allow any other person or entity to use your identification to post or view comments.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Imply or state that any statements you make are endorsed by Entr without the prior written consent of Entr.
- Adapt, alter, license, sublicense or translate Entr for your own personal or commercial use.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Entr
Entr has no obligation to monitor the Services but shall be entitled to review materials posted and, at its sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise deemed objectionable.
Prizes on Entr are provided to consumers by third parties and not directly by Entr. The Entr Service facilitates these contracts by supplying a medium for the exchange of relevant information but it does not contract with any User.
Because Entr does not contract with Users, in the event that you have a dispute with between a User and Third Party provider, you release Entr (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Entr expressly disclaims any liability that may arise between Users of its Service. p>
Account, Password and Security
For the purposes of registration Entr used Facebook Connect to collect personal information about to create your account. You may only register with your own information.
You may not use another person’s account at any time, without the express permission of the account holder. Where you have knowingly provided your login and password details to a third party you acknowledge that your account may be terminated or suspended if it is misused and that you remain responsible for all the Content and manner of use.
You agree to immediately notify Entr of any unauthorised use of your password or account or any other breach of security. In no event will Entr be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.
Should you suspect that any unauthorized party may be using your password or account or should you suspect any other breach of security, you agree to contact Entr immediately.
Links to Other Web Sites
The Entr Service/website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and in using the Service you acknowledge and agree that Entr is not responsible for the content or availability of any such sites.
Furthermore, Links (such as hyperlinks) from Entr to other sites on the Web do not constitute the endorsement by Entr of those sites or their content. Such links are provided as an information service, for reference and convenience only. Entr does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the Entr Service as well as any advertisements displayed in connection therewith) does not mean that Entr endorses any of the material on such websites, or has any association with their operators.
Subsequently, please note that the use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by this Agreement. Access to such third-party websites is at your own risk. Entr expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Service. As such, you hereby agree to not hold Entr liable in any way as a result of using the links that may appear on the Service and accept that it remains your sole responsibility to evaluate the content and usefulness of the information obtained from other sites.
Fees and Membership
The Entr service is currently provided free of charge to all registered Users. Entr reserves the right, however, to charge for the Service or any portion thereof, modify the pricing of, add to, or discontinue the Service or any portion thereof without prior notice and for whatever reason.
In the course of providing the Service, Entr may need to communicate with you via e-mail or electronic notifications. You agree to receive such e-mails/notifications provided that they are necessary for the normal functioning of the Service or draw your attention to various features, either new or established. You agree to have your name and / or e-mail address listed in the header of certain communications which you yourself initiate through the service.
Termination, Modification and Suspension
You agree that Entr has the right to terminate your access, to any or all of the Services at any time, without notice, for any reason, including without limitation; breach of these Terms and Conditions of Use or this Agreement, extended periods of inactivity, technical issues or problems, self-initiated requests to close an account and requests by law enforcement or government agencies.
Entr may also at any time, at its sole discretion, modify or discontinue the Service (or any part thereof) without prior notice and you agree that Entr shall not be liable to you or any third party for any termination of your access to the Service.
Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.
You may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Intellectual Property Rights
The Entr App and Website used to facilitate the Service and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws.
In accessing the Service you agree that you will access the contents solely for your personal use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes any downloading, copying and printing of pages of the Website for personal, non-commercial home use only.
Information provided by you
"Your Information" is defined as any information and materials you provide to Entr or other Users in connection with your registration for and use of, the Service, including without limitation material that is posted or transmitted for use in Public Areas.
You are solely responsible for Your Information, and acknowledge that Entr and the Service merely act as a passive conduit for your online distribution and publication of Your Information.
You hereby represent and warrant to Entr that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libellous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Entr or cause Entr to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
Entr does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Service. However, by doing so you are granting Entr a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
No Commercial Use or Solicitation
The Service may be used for your personal, non-commercial use only; you may not use the Service in connection with any commercial endeavors whatsoever without the express prior written consent of Entr.
Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact any Users for employment, contracting, or any other purpose not related to the Services facilitated through Entr, without express written permission from Entr.
Similarly, you may not use the Service to collect usernames and/or email addresses of members by electronic or other means without the express prior written consent of Entr.
Disclaimer of Warranties
- NEITHER ENTR (NOR ITS AFFILIATES OR LICENSORS), ARE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF THE SERVICE.
- NEITHER ENTR (NOR ITS AFFILIATES AND LICENSORS) SHALL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
- USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
- THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WITHOUT LIMITING THE FOREGOING, NEITHER ENTR NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.
- NEITHER ENTR NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE.
- NEITHER ENTR NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
- ENTR AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
YOU AGREE NOT TO HOLD ENTR, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENTTHAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY ENTR OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL ENTR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ENTR OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO ENTR DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
You herby agree to indemnify and hold Entr and its employees and agents harmless from and against any breach by you of these Terms and Conditions of Use and any claim or demand brought against the company by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Entr in consequence of your breach of these Terms and Conditions of Use and / or this Agreement.
Failure by Entr to enforce any provision(s) of this User Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Entr with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Entr, its successors and assigns.
Dispute Resolution and Governing Law
To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Entr agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding (hereto refereed to as “Informal Negotiations”).
Such Informal Negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Entr. The address for such notices to be sent to Entr can be found on the Entr website.
If you and Entr are unable to resolve a Dispute through Informal Negotiations, either you or Entr may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration (hereto refered to as “Binding Arbitration”).
Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under appropriate UK Commercial Arbitration Rules as recognised by the laws of England and Wales. Your arbitration fees and your share of arbitrator compensation will be governed by these Rules (and, where appropriate, limited by any appropriate UK Consumer Rules as recognised by the laws of England and Wales).
The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Entr may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Exceptions to Alternative Dispute Resolution.
You and Entr agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
- any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Entr’s intellectual property rights;
- any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorised use; and
- any claim for injunctive relief.
You and Entr agree that any arbitration will be limited to the Dispute between Entr and you individually. To the full extent permitted by law,
- no arbitration will be joined with any other;
- there is no right or authority for any Dispute to be arbitrated on a class- action basis or to utilize class action procedures; and
- there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Arbitration will take place at any reasonable location within the United Kingdom convenient for Entr.
Except as expressly provided otherwise, this Agreement is governed by, and will be construed under, the laws of England and Wales.
You and Entr agree that if any portion of this section entitled “Dispute Resolution and Governing Law” is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” is found to be illegal or unenforceable, neither you nor Entr will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within the United Kingdom, and you and Entr agree to submit to the personal jurisdiction of that court.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.