Terms and Conditions

These terms and conditions (“Agreement”) are between UENI Limited, a company registered in England with company number 9368082 and registered address 2-14 Shortlands, London W6 8DJ (“UENI”, “we” or “our”) and you and govern your use of the UENI Platform whether or not you are paying for Paid For Services.

In this Agreement, the defined terms listed below shall have the following meanings:

Affiliates – any entity that directly or indirectly controls, is controlled by, or is under common control with another entity

Company Website – means a website that promotes your services and may be licensed to you by UENI as part of the Paid For Services

Domain Name – any domain name that may be offered to you as part of the Paid For Services

Intellectual Property Rights – patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world

Leads – any third party who contacts you as a result of the Paid For Services by any channel which may include, without limitation, telephone calls, SMS, emails and booking requests on the Company Website, irrespective of whether such enquiries result in purchases

Minimum Term – the minimum length of time that you have agreed to purchase the Paid For Services as set out on the Order Summary

Monthly Subscription Period – after your Minimum Term has finished, your Paid For Services will be provided on a monthly basis from the day after the Minimum Term finishes. So if your Minimum Term finishes on the 6th January, your Monthly Subscription Period will run from the 7th of January until the 6th February and continue monthly until you cancel

Order Summary – the Order Summary that was emailed to you when you purchased the Paid For Services and which explains the package you have subscribed for, the price, the Start Date and the Minimum Term

Other Digital Accounts – any third party accounts that may be managed by UENI as part of any Paid For Services, including (but not limited to) Google My Business, Facebook for Business, Bing, Google AdWords, Facebook advertising and Bing Ads

Paid For Services – includes any services which are provided to you by UENI including, without limitation, the provision of content on the Company Website, the Domain Name and any content created by UENI for Other Digital Accounts

Referral Credit – any credit that may be applied to your account for recommending third parties who purchase Paid For Services

Service Provider – a third party business that is promoting its services on the UENI Platform

Start Date – the date at which your Paid For Services start, which shall be the date specified on the Order Summary

UENI Platform – the technology platform owned by UENI and its licensors that provides all UENI managed websites and applications, including, if applicable, your Company Website, and enables the management of such websites

User Data – personal data (as defined in the Data Protection Act 1998) that is collected on the UENI Platform from end users

Terms that apply just to users who subscribe to our Paid For Services

1.1 UENI agrees to provide you with access to any Paid For Services that you have purchased, as set out in the Order Summary, as long as you are continuing to pay and subject to the terms of this Agreement.

1.2 You agree to pay for the Paid For Services from the Start Date for the Minimum Term at the rate set out in the Order Summary.

1.3 At the end of the Minimum Term, the Paid For Services will continue on a monthly basis and you will be automatically charged at the start of each Monthly Subscription Period.

1.4 Once you have requested Paid For Services, you cannot cancel until after the Minimum Term has expired. If you would like to cancel after the Minimum Term, just {click here} to send us a cancellation request at least 7 days before the start of the next Monthly Subscription Period.

1.5 You are able to add additional Paid For Services at any time. Please contact business@ueni.com for more information.

1.6 We may adjust the price of the Paid For Services at any time after the expiry of your Minimum Term on 1 month’s written notice.

1.7 If you qualify for a Referral Credit, you will be notified of the details of your credit by email and this will be applied to your next Monthly Subscription Period. If you cancel the Paid For Services before the Referral Credit has been applied then the Referral Credit shall automatically expire.

1.8 All payments are processed by third payment processors including Stripe and its global affiliates. We do not hold any credit or debit card details. You agree to provide our third party payment processors with valid credit or debit card details and authorise them to store your information in accordance with their privacy policies and bill you according to the payment terms set out in your Order Summary and thereafter at the start of each Monthly Subscription Period.

1.9 We reserve the right to suspend the provision of any Paid For Services if you fail to pay any charges when they fall due. Interest will be charged on overdue payments at an annual rate equal to 4% over the Bank of England’s prevailing base rate.

1.10 All prices quoted are exclusive of VAT.

1.11 UENI may alter the Paid For Services from time to time. If such changes materially reduce their functionality, UENI will notify you by email and you may provide notice within 30 days of the notification to cancel the Paid For Services with immediate effect, even if you are still within the Minimum Term.

1.12 The Start Date for the Paid For Services will be 14 days after the date you placed your order. If you have not provided UENI with all the required information to set up the Paid For Services within 7 days of the Start Date then some or all of the services may not be live from the Start Date, but you will still be liable to pay from this date.

1.13 Invoices will be stored electronically on www.ueni.com. You can view and download these at any time from the My Account section of the site or we can email you invoices on request.

Terms that apply to all users

2. LICENCE

2.1 You grant UENI and our affiliates a non-exclusive, worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process any content you upload to the UENI Platform and, if applicable, any other content relating to your business on the UENI Platform.

2.2 You can end this licence for specific content by deleting such content from the UENI Platform or more generally by terminating this Agreement.

2.3 If you are paying for Paid For Services, you also grant UENI a licence to manage your Other Digital Accounts for the purposes of promoting your business, such as listing your company on Google My Business. Such licence will continue after termination of this Agreement until you have assumed ownership of such accounts or they have been deleted by UENI pursuant to clause 9.6. You confirm that you will comply with the terms of use of all Other Digital Accounts that we are managing for you as part of the Paid For Services.

2.4 If you are paying for Paid For Services, UENI may licence you a Company Webpage and / or a Domain Name. UENI is the registrant of the Domain Name.

2.5 UENI own all Intellectual Property Rights in the UENI Platform and the Paid For Services. Except as expressly stated, this agreement does not grant you any Intellectual Property Rights in respect of the UENI Platform and the Paid For Services.

3. WARRANTIES

3.1 You make the following warranties to UENI:

3.1.1 you are at least 18 years of age and have the right to enter into this Agreement;

3.1.2 you will not attempt to circumvent security, reverse engineer or interfere with the proper working of the UENI Platform or Other Digital Accounts;

3.1.3 you will keep any password to access the UENI Platform secure and be responsible for any unauthorised access as a result of a third party obtaining your password;

3.1.4 any content you upload to UENI and your use of any Domain Name shall not be defamatory, indecent or illegal or breach the Intellectual Property Rights of any third party and shall be accurate and up-to-date and in accordance with all applicable legal obligations;

3.1.5 other than in relation to any Paid For Services that you have purchased, you will not use the UENI Platform for commercial purposes;

3.1.6 you will not abuse the booking system of Service Providers available on the UENI Platform; and

3.1.7 you will ensure that all User Data made available to you from your Company Website is stored and managed in accordance with all applicable data protection laws and our Privacy Policy.

4. INDEMNITY FROM CUSTOMER

4.1 You shall defend, indemnify and hold harmless UENI against any claims, actions, proceedings, losses, damages, expenses and costs (including, without limitation, court costs and reasonable legal fees) arising out of or in connection with your use of the UENI Platform, any Paid For Services including, without limitation, any Domain Name, or your breach of the warranties set out in clause 3 of this Agreement.

5. DISCLAIMER

5.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER UENI OR ITS AFFILIATES OR SUPPLIERS MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE UENI PLATFORM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON-INFRINGEMENT. UENI CANNOT BE RESPONSIBLE FOR THE QUALITY OF THE LEADS YOU RECEIVE THROUGH THE PAID SERVICES OR WHAT PROPORTION WILL CONVERT TO PAYING CUSTOMERS.

5.2 UENI cannot guarantee the continuous, uninterrupted or error-free operability of the UENI Platform or that it will be free from computer viruses or similar threats. There may be times when some or all features of the UENI Platform become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by UENI, in UENI’s sole discretion, without notice. UENI will not be liable to you or any third party for any unavailability, modification, suspension of any elements of the UENI Platform or for any loss or damage as a result of computer viruses or similar threats.

5.3 By using the UENI Platform, you may encounter content or information that might be inaccurate, incomplete, misleading, illegal, offensive or otherwise harmful. UENI does not review content provided by other users and is not responsible for the content, however we reserve the right to remove or edit any content at any time without notice.

5.4 You are responsible for deciding if you want to access third party sites that link from the UENI Platform. Third party sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. UENI is not responsible for third party sites and you should use them at your own risk.

5.5 UENI may require access to your Other Digital Accounts on your behalf in order to provide certain Paid For Services. You acknowledge that you have separate agreements with the service providers managing your Other Digital Accounts and you are solely liable under such agreements. UENI does not accept any responsibility or liability for their platforms, features, terms or policies.

6. CAP ON LIABILITY

6.1 Nothing in this agreement excludes UENI’s liability to you for death or personal injury caused by UENI’s negligence or for fraud or fraudulent misrepresentation.

6.2 Subject to clause 6.1, UENI shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential losses, or for any loss of profit (including by way of example and without limitation, loss of profit a result of your advert not showing on a search engine), loss of revenue, contracts, data, goodwill or other similar losses, arising under or in connection with your use of the UENI Platform or any Paid For Services.

6.3 Subject to clause 6.1, UENI’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total amount paid by you for any Paid For Services during the 12 months immediately preceding the date on which the claim arose.

7. BOOKING SERVICES

7.1 If you use the UENI Platform to request a booking with a Service Provider then your contact details will be passed to the Service Provider in accordance with our Privacy Policy.

7.2 Any services you may agree with a Service Provider are directly between you and the Service Provider and you will make any payments to the Service Provider directly. UENI is not responsible or liable to you for such services.

7.3 You should check all details and any restrictions relating to a service before making a booking request and ensure that you notify the Service Provider of any conditions that might be relevant to the provision of the services.

7.4 All services listed on the UENI Platform are subject to the availability of the Service Provider. Price information listed may be inaccurate and you should confirm this directly with the Service Provider prior to booking any services.

7.5 You should contact the Service Provider directly if you have any complaints regarding the services provided to you. However, we want you to have a good experience from Service Providers listed on the UENI Platform and you can give us feedback on any services by emailing us at bookings@ueni.com or clicking here.

8. DATA PROTECTION

8.1 The management and use of all User Data is governed by our Privacy Policy.

8.2 Subject to clause 8.1, UENI shall own all User Data and may use it for any purpose notwithstanding the termination of this Agreement for any reason. UENI gives you the right to use User Data collected via your Company Website to the extent needed for you to provide your services.

9. TERMINATION

9.1 Subject to clause 9.2 below, either party may terminate this Agreement on 1 month’s written notice to the other.

9.2 Clause 9.1 shall only apply where you have not have purchased Paid For Services or where you have purchased Paid For Services but the Minimum Term will have expired within 1 month of serving notice to terminate.

9.3 Either party may terminate this Agreement with immediate effect if: (i) the other party is in material breach of the Agreement; or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days.

9.4 If the Paid For Services are cancelled by either party or this agreement is terminated then the rights and licences granted to you under this Agreement, including your licence to the Company Webpage and the Domain Name, will be terminated with immediate effect.

9.5 Prior to the termination of this Agreement, you may elect for the registration of the Domain Name to be transferred to you, subject to payment to UENI of a transfer fee to be agreed between the parties.

9.6 In the event that we are managing your Other Digital Accounts as part of any Paid For Services, on termination we may transfer such accounts to you by either deleting our access to any accounts for which we hold shared access with you, or, if we do not hold shared access, seeking the transfer of such account to you. In the event that you do not promptly co-operate with the transfer of the Other Digital Accounts to you then we reserve the right to delete such accounts on 1 month’s written notice. We will remove ourselves as the owner of any listing we manage for you on Google My Business within 7 days of termination of this Agreement.

9.7 The following sections will survive expiry or termination of this Agreement: 1.2, 1.3, 1.8, 2.3, 3, 4, 5, 6, 7, 9.6, 9.7 and 10.

10. MISCELLANEOUS

10.1 UENI may revise this Agreement from time to time. The most current version will always be posted on our website. Any material changes will be notified to you by email if you have a UENI account or subscribe to any Paid For Services.

10.2 This Agreement, including the Order Summary, supersedes any prior agreements between us and constitutes the entire Agreement related to this subject matter. If there is a conflict between this Agreement and the Order Summary, the Order Summary shall take priority.

10.3 Each party agrees to attempt to resolve any dispute under this Agreement by contacting the other party by clicking here or through the notice procedures in clause 10.7.

10.4 UENI will not be liable for inadequate performance to the extent caused by a condition that was beyond its reasonable control (for example natural disaster, act of war or terrorism, riot, labour condition, governmental action and Internet disturbance).

10.5 The terms and conditions of this Agreement including the price of any Paid For Services, will be considered the confidential information of UENI, and you will not disclose this information to any third parties.

10.6 You may not assign or transfer this Agreement or any rights or obligations under this Agreement without UENI’s written consent. UENI may assign this Agreement or any rights or obligations under this Agreement to an Affiliate or in connection with a merger, acquisition, corporate reorganisation or sale.

10.7 Notices can be sent by email, post or hand delivery and are deemed given when received. UENI’s address for notices is legal@ueni.com and Legal Department, UENI Limited, 2-14 Shortlands, London, W6 8DJ, UK.

10.8 Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect.

10.9 If UENI fails to enforce, or delay in enforcing, any of UENI’s rights under these terms, that does not result in a waiver of the rights concerned.

10.10 No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement.

10.11 This Agreement is governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.

Privacy Policy

This is the privacy policy for the UENI Platform (as defined in our Terms and Conditions that we make available from time to time. The UENI Platform is owned and operated by UENI Limited (we, us and our). For the purposes of EU data protection laws, we are the data controller.

We are committed to protecting your privacy online. We appreciate that you do not want the personal information you provide to us to be distributed indiscriminately and here we explain how we collect information, what we do with it and what controls you have over it. This privacy policy is also part of our Terms and Conditions for the UENI Platform.

By using the UENI Platform, you consent to the collection and use of your personal information in accordance with this privacy policy. If you do not agree with the use of your personal information as set out in this privacy policy, or the Terms and Conditions, please do not use the UENI Platform.

We reserve the right to change this privacy policy from time to time. If we make material changes to this privacy policy, we will notify you by means of a prominent notice prior to the change becoming effective.

Information we may collect from you

We may collect and process the following information about you:

  • information (such as your name, email address, gender, date of birth, photographs, postal address and telephone number) that you provide us, including if you register as a user of the UENI Platform, book an appointment for any service, upload or submit any material via the UENI Platform, contact any service provider via the UENI Platform or enter into any competition or promotion we may sponsor;
  • in connection with an account sign-in facility, your log-in and password details;
  • If you decide to register through or otherwise grant access to us via a third-party social networking site such as Facebook Connect or Google, we may also collect personal information that is already associated with such site;
  • the content of any communications you send to us, for example, to report a problem or to submit queries, concerns or comments regarding the UENI Platform or its content;
  • any search terms you looked up and results that you selected;
  • friend or contact lists that you may provide to us by connecting your UENI account with your computer, mobile device, or third-party social network accounts;
  • information from surveys that we may, from time to time, run on the UENI Platform, if you choose to participate in them;
  • geographical location so that we can provide you with information about the services provided by businesses near to your location; and
  • other information from your use of the UENI Platform including, the type of internet browser or mobile device you use, any website from which you have come to the Site and your IP address (the unique address which identifies your computer or mobile device on the Internet) and your operating system, which are automatically recognised by our web server.

Your name, as well as any photo you submit for your profile, any services or any businesses that you book appointments with and any recommendations you make, can be publicly displayed as part of your profile. Appointments booked will also be publicly displayed on the applicable service provider's profile. You can make changes to some of your account information through Settings.

You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.

Uses made of your information

We may use your personal information to:

  • provide you with the services and information offered through the UENI Platform and which you request;
  • in connection with an account sign-in facility, your log-in and password details;
  • administer your account with us;
  • verify financial transactions in relation to payments you make online;
  • audit the downloading of data from the UENI Platform;
  • improve the layout and/or content of the pages of the UENI Platform and customise them for users;
  • inform you of changes to the UENI Platform;
  • carry out research on our users' demographics and tracking of sales data; and
  • send you information we think you may find useful or which you have requested from us, including information about our products and services or those of carefully selected third parties, provided you have consented to being contacted for these purposes.

Subject to receiving your consent, we may also use your personal information to notify you of new products or services and special offers we think you may be interested in, and share your personal information with carefully selected third parties so they can send you information directly which you may find useful regarding their products and services although, such third parties may have their own privacy policies and we are not responsible for how those third parties use your personal information. However, you will only receive these communications where you consented to receive such communications either at the point of registration or at any point after. You can unsubscribe from such communications at any time, by changing your communication preferences in Settings, via the unsubscribe link that you will find at the bottom of every marketing email we send or by contacting us by email at business@ueni.com. However, if you do unsubscribe you may not be able to benefit from the full service and functionality of UENI and potential promotions.

Refer a Friend Schemes

We may, from time to time, run referral programmes or similar initiatives, such as a "Refer a Friend" programme, that invite you to provide us with the contact details of someone who is known to you who may find our products or services to be of interest. We will only use those contact details for the purpose of the relevant initiative (and not for general marketing purposes). By providing us with their details, you confirm that you have their permission to do so and must not provide us with the details of anyone from whom you do not have such permission. We reserve the right to identify you as the person who has made the referral in the message that is sent to them. We will not use your friend's information for any other purpose unless they consent to us doing so.

Information sharing

We may disclose aggregate statistics about visitors to the UENI Platform, customers and sales in order to describe our services to prospective partners, advertisers, sponsors and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.

We may disclose your personal information to any of our affiliates, service providers, or to our agents or sub-contractors who assist us in providing the services we offer through the UENI Platform, processing transactions, booking appointments for the services, fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support services or in other tasks, from time to time. Our agents and contractors will only use your personal information to the extent necessary to perform their functions and will be required by us to implement measures to protect your personal information.

In the event that we undergo a reorganisation or are sold to a third party, you agree that any personal information we hold about you may be transferred to that reorganised entity or third party.

We may disclose your personal information if required to do so by law or if we believe that such action is necessary to prevent fraud or cybercrime or to protect the UENI Platform or the rights, property or personal safety of any person.

Cookies

When you interact with the UENI Platform, we try to make that experience simple and meaningful. When you visit the UENI Platform, our Web server sends a cookie to your computer or mobile device. Cookies are small pieces of information which are issued to your computer or mobile device when you visit a website or access or use a mobile application and which store and sometimes track information about your use of the UENI Platform. A number of cookies we use last only for the duration of your session and expire when you close your browser or exit the UENI Platform. Other cookies are used to remember you when you return to the UENI Platform and will last for longer. We use cookies to:

  • remember that you have visited us before;
  • customise elements of the promotional layout and/or content of the pages of the UENI Platform;
  • collect anonymous statistical information about how you use the UENI Platform including how long you spend on the UENI Platform and where you have come to the UENI Platform from, so that we can improve the UENI Platform and learn which parts of the UENI Platform are most popular with users; and
  • gather information about the pages on the UENI Platform you use, and also other information about other websites that you visit, so as to place you in a "market segment". This information is then used to place interest-based advertisements on the UENI Platform which it is believed will be relevant to your market segment. For more information about this type of interest based advertising, and about how to turn this feature off please visit www.youronlinechoices.com/uk/

Some of the cookies used by the UENI Platform are set by us, and some are set by third parties who are delivering services on our behalf.

Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser settings to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser or mobile device. Please note, however, that by blocking or deleting cookies used on the UENI Platform, you may not be able to take full advantage of the UENI Platform.

In addition to cookies, tracking Gifs may be set by us or third parties in respect of your use of the UENI Platform. Tracking Gifs are small image files within the content of the UENI Platform or the body of our newsletters so we or third parties can understand parts of the UENI Platform are used and whether particular content is of interest.

Public forums

The information you contribute through the UENI Platform is public, including your reviews, photos, comments, which Service Providers you add as favourites, and your friend lists. Any information that is disclosed in these areas becomes public information and you should exercise caution when using these and consider carefully before disclosing your personal information.

Security and storage of your personal information

We place great importance on the security of our users' personal information. We have security measures in place to help us protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it. You should bear in mind that submission of information over the Internet is never entirely secure. We cannot guarantee the security of information you submit via the UENI Platform whilst it is in transit over the Internet and any such submission is at your own risk.

It is advisable to close your browser when you have finished your user session to help ensure others do not access your personal information if you use a shared computer or a computer in a public place.

We will only store your personal information for as long as we legitimately need it or for as long as required by law.

Transfers out of the EEA

We may need to transfer your personal information to recipients as described in this privacy policy who may be located outside the European Economic Area (EEA) including to countries that do not offer the same level of protection with respect to personal information as required in the EEA. Where we transfer your personal information we will take all reasonable steps to ensure that your privacy rights continue to be protected. By submitting personal information via the UENI Platform, you acknowledge and consent to the transfer of your personal information outside of the EEA.

Your rights

You have a right under EU data protection laws to access your personal information. On request, we will provide you with a copy of this information subject to a fee not exceeding £10. You also have a right to correct any errors or inaccuracies in that personal information and in certain circumstances you have a right to object to the processing of your personal information (for example, for direct marketing purposes). If you wish to exercise any of these rights you should send an email to business@ueni.com.

Contacting us

Please submit any questions, concerns or comments you have about this privacy policy or any requests concerning your personal data by email to legal@ueni.com