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Welcome to the Tom8o website (“Tom8o”, “Tom8o.com” or the “site”). Tom8o is a web-based service provided to enable consumers to compare thousands of products and prices from online retailers, and find other relevant information before making a purchase. Tom8o and other content partners publish this information.
Please read these Terms of Use carefully before using the site. These terms and conditions regulate the use of this web service provided by Tom8o. By using this site, you signify your assent to these terms and conditions. If you do not accept the terms and conditions as described below, you should immediately stop using this service. Tom8o reserve the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and, by your continued use of the site, you agree to be bound by such modifications, alterations or updates.
Ownership
This site is the copyrighted property of Tom8o and/or its various third party providers and distributors, directors. Information found on this site must not be reproduced, republished, distributed, posted, sold, transferred, or modified without the express written permission of Tom8o and/or its 3rd parties. This does not however apply to downloading, copying and saving information from the website for personal use.
The trademarks, logos and service marks displayed on this site are registered and are common law Trademarks of Tom8o its affiliates, and various third parties. No information on this site should be construed as granting, by implication or otherwise, any license or right to use any of the Trademarks without the written permission of Tom8o or such other party that may own the Trademarks. Tom8o does not claim to own any of the 3rd party or affiliate retailers, suppliers or manufacturer brands or trademarks featured on its site. The same applies for the trademarks of other publicists or publications on this website.
Use of Site
You may only use this site as a general guide to make price comparisons for your own private use and shall not use this site for any other purposes. You may download, display and print one copy of the material presented on this site for your personal, non-commercial use only. unauthorised use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. The use of content on any other web site or networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
Accuracy of Information
Product specifications and other information have either been made accessible by suppliers, manufacturers, retailers, publications, publicists; or been gathered from public-domain sources. The intention of Tom8o is that all information on the website should be as accurate and up-to-date as possible. However, Tom8o cannot guarantee the reliability or the accuracy of the information contained within its pages. All the actions taken by the user of the website are the responsibility of the individual. Tom8o does tries to ensure the accuracy of product and pricing information displayed on our site, however we urge our users to conduct their own research prior to purchasing from the stores listed on our service to ensure the accuracy of the prices. Tom8o can not make any guarantees that any information is correct or be held liable for any actions taken based on the product and pricing information provided. Tom8o can also not be held responsible for any loss or damage resulting from any business conducted with any company listed on Tom8o.
Exclusion of Warranty
Tom8o cannot give any representation or warranty as to the accuracy, completeness and/or reliability of any content of the Tom8o website, or as to any information contained on any website (whether of a retailer, an advertiser or otherwise) which is accessed via the Tom8o website, or as to the fitness of Tom8o for any particular purpose. Tom8o and any 3rd party providers and distributors make no warranty of any kind regarding the content of this site which is provided on an “as is” basis. Tom8o assumes no liability or responsibility for any errors or omissions in the content of the site
Applicable Law
This agreement shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the exclusive jurisdiction of the courts of England and Wales. Any action you, any 3rd party or Tom8o bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in the courts of England and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Intellectual Property Rights
You retain ownership of all intellectual property rights subsisting in the content you submit to us. However, by submitting content to Tom8o, you grant to Tom8o a royalty-free world-wide non-exclusive licence for the duration of copyright to use your content, or any part of your content, in any way that Tom8o decides on the Tom8o website, any other website or through any other medium and to permit others to do the same.
Liability
Tom8o assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images from the site. In no event shall Tom8o or any 3rd party be liable for any injury, loss, claim, damage, or any special exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitations loss of profits, business interruptions, or loss, corruption or misdelivery of data), whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this site for subsequent purchases or decisions) or (iii) the performance on non-performance by Tom8o or any 3rd parties, even if such a party has been advised of the possibility of damages to such parties or any other party. If, notwithstanding the foregoing, Tom8o or any third party should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of Tom8o and the third parties shall in no event exceed the subscription fee and service charge for accessing this site. In its sole discretion, in addition to any other rights or remedies available to Tom8o and without any liability whatsoever, Tom8o at any time and without notice may terminate or restrict your access to any component of this site. Your use of and browsing in the site are at your risk. Neither Tom8o nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the site. (Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.) Tom8o cannot be held responsible for any technical malfunctions or disruptions to the services on offer on the website.
Indemnity
The material that you read on the site is provided solely for information purposes. Neither Tom8o nor its affiliated or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequentially, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in the site. You agree to indemnify, defend and hold Tom8o and its affiliates, and their respective directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable legal fees) incurred by any Indemnified Party in connection with any breach by you of these Terms of Use. Tom8o reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with Tom8o’s defence of such claim.
Links
This site contains links to other websites that are provided solely as a convenience to you and not as an endorsement by Tom8o, its third party providers or distributors of the contents of such other web sites. Tom8o has not reviewed all of the sites linked to the site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Tom8o make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
Payment
There is no charge payable to Tom8o for use of the site during the continuance of these Terms and Conditions. Tom8o shall have no responsibility for transmission of funds due to any third party provider or distributor with whom you may elect to deal. You shall be responsible for transmitting all payments due on the terms agreed with any third party provider or distributor.
Adding Content
In the event of Tom8o enabling you to add content to the site in the form of reviews, competitions or other, Tom8o shall be entitled, at its absolute discretion, to publish, edit, refuse, or delete content provided to it. Tom8o will not permit the publishing of content that may be illegal under UK or European law. Tom8o reserves the right to change, at its sole discretion, the content, design, services provided or any other aspect of the Tom8o website.
E-mail and Items Received
Do not post any threatening or libelous e-mails or material on this site that would be considered a violation of any law. Tom8o will fully co-operate with any law enforcement authorities or court order requesting or directing Tom8o to disclose the identity of anyone posting any such e-mails or materials.
Disclaimer
Tom8o will use its best endeavours to reliably and accurately present price and product information from retailers. Tom8o's website is, however, provided on an "as is" basis and Tom8o does not make any representations or warranties as to the accuracy, completeness or validity of the information provided. Tom8o cannot be held liable for any consequential loss resulting from the information it provides. Any decision made in relation to purchasing goods and/or services as a result of information obtained from Tom8o is your sole responsibility. No liability is excluded to the extent such exclusion would not be permitted by law.
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