Terms of Service
Last updated: January 1, 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Fact-Spark ("Company," "we," "us," or "our"), concerning your access to and use of the fact-spark.com website as well as any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the "Site").
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and you must discontinue use immediately.
2. Acceptable Use
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.1 Prohibited Uses
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile a collection, database, or directory without written permission from us
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information
- Circumvent, disable, or otherwise interfere with security-related features of the Site
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
- Use any information obtained from the Site to harass, abuse, or harm another person
- Make improper use of our support services or submit false reports of abuse or misconduct
- Use the Site in a manner inconsistent with any applicable laws or regulations
- Upload or transmit viruses, worms, or other malicious code
- Engage in automated use of the system, such as using scripts to send comments or messages
- Delete the copyright or other proprietary rights notice from any Content
- Attempt to impersonate another user or person or use the username of another user
- Interfere with, disrupt, or create an undue burden on the Site or networks connected to the Site
3. Information and Content
3.1 Accuracy of Information
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
3.2 Professional Advice Disclaimer
The Site provides information about warehouse accounting products for informational purposes only. This information should not be considered as professional financial, legal, or business advice. You should consult with qualified professionals before making any business decisions based on information from our Site.
3.3 Third-Party Content
The Site may contain content provided by third parties, including materials provided by other users, bloggers, and third-party licensors. All statements and/or opinions expressed in these materials are solely the opinions of the person or entity providing those materials and do not necessarily reflect our opinion.
4. Intellectual Property Rights
4.1 Our Content
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.
4.2 Your License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
4.3 Restrictions
You shall not:
- Use the Content for any commercial purpose or for the benefit of any third party
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site
- Remove any copyright or other proprietary notations from the materials
5. User Registration and Account
5.1 Registration Information
You may be required to register with the Site to access certain features. You agree to keep your password confidential and will be responsible for all use of your account and password.
5.2 Account Termination
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
6. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy, which also governs your use of the Site, to understand our practices regarding your personal information and how we will treat it.
7. Disclaimers
7.1 General Disclaimers
The information on this Site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
- Excludes all representations and warranties relating to this Site and its contents
- Excludes all liability for damages arising out of or in connection with your use of this Site
7.2 Product Information Disclaimer
While we strive to provide accurate and up-to-date information about warehouse accounting products, we make no representations or warranties about the accuracy, reliability, completeness, or timeliness of this information. Product specifications, pricing, and availability are subject to change without notice.
8. Limitation of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.
Our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising or £100.00.
9. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
- Your use of the Site
- Breach of these Terms of Service
- Any breach of your representations and warranties set forth in these Terms of Service
- Your violation of the rights of a third party, including but not limited to intellectual property rights
- Any harmful act toward any other user of the Site with whom you connected via the Site
10. User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
11. Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
12. Miscellaneous
12.1 Governing Law
These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of England and Wales applicable to agreements made and to be entirely performed within England and Wales, without regard to its conflict of law principles.
12.2 Dispute Resolution
Any legal action of whatever nature brought by either you or us must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
12.3 Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
12.4 Disclaimer
The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk.
13. Termination
These Terms of Service shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person for any reason or for no reason.
14. Changes to Terms
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Service.
It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.
15. Contact Information
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Fact-Spark
123 Warehouse Way
Birmingham Business Park
Birmingham B37 7YE
United Kingdom
Email: [email protected]
Phone: +44 121 456 7890