The Xarista Terms & Conditions were last updated on 13 February 2019.
Accepting the Terms
By using any products, information and services developed by Xarista (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our websites or use our software without registering) or you are a “Member” (which means that you have registered to create an account with Xarista). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to Xarista. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Xarista. If you accept this Agreement, you represent that you have the capacity to be bound by it.
Privacy and Your Personal Information
Description of the Service
The Service is a suite of tools that allows Users to:
· Set up a user profile containing preferences, likes, dislikes and other characteristics
· View, edit and expand this user profile at any time
· Connect to a user profile from multiple devices
· Use the user profile on partnering third party online sites for more relevant user experiences, such as expedited access to products, services, contents or offers
· Disable the usage of the user profile on specific sites.
The Service is provided to you by Xarista as a free service.
We make money through fees from retailers for some of the sales that we help our users to make.
Account Information from Third Party Sites
With the Service, Members may direct Xarista to interact with accounts they own that are maintained online by third-party companies with which they have accounts (“Third Party Accounts”). Xarista makes no effort to review the Third Party Accounts for any purpose, including but not limited to accuracy, legality or non-infringement.
Xarista is not responsible for the products and services offered by or on third-party sites. If your permission settings allow it, Xarista may import information from your Third Party Accounts to help better offer the Services to you. Xarista does not control the policies and practices of any third party site or service, including any Third Party Accounts you connect to the Services.
Xarista cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalisation settings or other service interruptions. Xarista cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings.
Third Party Sites
Xarista has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites.
By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
If there is a dispute between Xarista Members and any third party, you agree that Xarista is under no obligation to become involved. In such an event, you release Xarista, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser.
If you become aware of any unauthorised use of your Registration Information, you agree to notify Xarista immediately.
Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non-commercial purposes.
Accurate records enable Xarista to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, and without limitation to, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Xarista, in its sole discretion, may elect to take.
You agree that Xarista may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Xarista a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Xarista in any way.
As a part of the Xarista community, you agree and authorise Xarista to collect information about the websites that you visit that is used to create a better user experience for you and other Xarista users. Examples of this type of information includes information about the products your browser visits including product details that are used to create a better experience for you and other users. As we explore ways to use data to build more powerful product experiences we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.
You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:
· infringes or violates the intellectual property rights or any other rights of anyone else (including Xarista);
· violates any law or regulation;
· is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
· jeopardises the security of your Xarista account or anyone else’s (such as allowing someone else to log in to the Services as you);
· attempts, in any manner, to obtain the password, account, or other security information from any other user;
· violates the security of any computer network, or cracks any passwords or security encryption codes;
· runs maillist, listserve, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
· “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
· copies or stores any significant portion of the Content;
· decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Rights You Grant to Us
By submitting information, data, passwords, usernames, other log-in information, materials and other content to Xarista through the Service, you are licensing that content to Xarista solely for the purpose of providing the Service. Xarista may use and store the content, but only to provide the Service to you. By submitting this content to Xarista, you represent that you are entitled to submit it to Xarista for use for this purpose, without any obligation by Xarista to pay any fees or other limitations.
Xarista’s Intellectual Property Rights
The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other materials are protected under United Kingdom and other applicable copyright, trademark or other laws. The contents of the Service belong or are licensed to Xarista or its software or content suppliers. Xarista grants you the right to view and use the Service subject to these terms. You may download or print a copy of information provided in the Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Changes to the Terms & Conditions
Xarista welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at firstname.lastname@example.org or writing us at 80-83 Long Lane, London EC1A 9ET, UK.