Gossh Terms of Service
Effective as of August 6, 2018
This document, the Gossh Terms of Service (“Terms”), outlines the terms regarding your use of our products, sites, templates, applications, tools and features (collectively, the “Services”). These Terms are legally binding contract between you and Gossh (“Gossh” or “we”), a limited company registered in England and Wales (07934936). If you do not agree with these Terms, do not register or use any of the Services.
When the subscription contract is formed.
When you click “create an account and complete your purchase”, you are submitting your order to take out a subscription which if accepted by us, will result in a binding contract. A legally binding contract is formed on the date we send you confirmation of your order and payment has been taken.
We reserve the right not to accept or process your order for any reason. All orders are subject to validation checks and authorisation by your payment provider. In the event that we do not accept your order and your credit/debit card has already been debited, we will notify you and refund your card in full immediately.
If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and promising to Gossh that you have the authority to bind that organisation to these Terms (in which event, “you” and “your” will refer to that organisation) unless that organisation has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Services.
All Services have an annual subscription plan (“Annual Subscription Plan”). The subscription period for the Annual Subscription Plan will be for one year. On our anniversary date, the Annual Subscription Plan will change to a rolling monthly plan. Should you wish to cancel your annual plan then you need to notify Gossh, three business days prior to your anniversary date. To cancel your rolling monthly plan, we require one months advance notice. Note that under the Annual Subscription Plan you will not be permitted to cancel the Services you have selected until the anniversary date.
Certain aspects of the Services may require you to obtain an account by completing a registration form and designating a user ID and password. When registering with Gossh you must: (a) provide true, current and complete information about yourself on the registration form and (b) maintain such information so it continues to be current and complete.
Your User Content stays Yours. Users of the Services may provide us with content, including without limitation text, photos, images, audit, video and any other materials (“User Content”). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement. We do not control, verify, or endorse the Content that you or others put on the Services. You are responsible for: (a) all Content you place and share and (b) making sure you have all the rights you need to the Content.
You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Services (please also refer to our Acceptable Use policy). Only you may use your Gossh account and you are responsible for your account. If you become aware of any unauthorised use of the Services or your account, or have any questions about your account please contact Gossh Support via email@example.com
Changes to these Terms.
We reserve the right to modify these Terms. We will post the most current version of these Terms at www.gossh.com (the “Site”). If we make material changes to these Terms, we will notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account by emailing (firstname.lastname@example.org). Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.
Acceptable Use Policy.
You agree you will not, nor will you encourage others or assist others, harm the Services or use the Services to harm others. For example, you may not use the Services to harm, threaten, or harass another person, organisation. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorised means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Gossh); (e) use the Services beyond the feature allocation and amounts provided in that Service; (f) use the Services to violate any law or distribute malware or malicious Content; or (g) distribute, post, share information or Content you don’t have the right to or is illegal.
As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms we retain the right to deactivate the Service.
Limitation of Liability
Unless you are an EU Consumer, you acknowledge and agree to the fullest extent permitted by applicable law, in no event will Gossh and it affiliate and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses: (c) any damages related to your access to, use of or inability to access or use parts, some or all of your Services. Your Sites or part or all of the Services, including without limitation interruption of use or cessation or notification of any aspect of the Services; (d) any damages related to unavailability, degradation, loss, corruption, theft, unauthorised access or, unauthorised alteration of, any content, information or data, including without limitation User Content and Your commerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services.
If you are an EU Consumer, we shall, despite any other provision in this Agreement, provide the Services with reasonable care but will not be liable for any losses which were not a reasonably foreseeable consequence of our breach of this Agreement. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Gossh has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law (whether or not you are an EU Consumer), in no event shall the aggregate liability of Gossh for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty pounds(£20) or the amounts paid by you to Gossh in the twelve (12) months immediately preceding the event that gave rise to such claim. If you are an EU Consumer, Gossh is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors or other vicarious agents. An “EU Consumer” means a natural person acting for purposes outside their trade, business, craft or profession (as opposed to a User for business or commercial purposes) habitually residing in the European Economic Area.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Gossh and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys’ fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your commerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your commerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which Gossh may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.