Terms of Use

Other policies: Privacy Policy | Cookie Policy

Coffee Spout is owned and operated by Simmarcom Limited.

Definitions

In this document, we use the following terms:

“Site” and “sites” refers to these websites: www.coffeespout,co.uk, www.coffeespout.com and www.coffeespout.uk. These sites are owned and operated by Simmarcom Limited.

“We”, “us” and “our” refers to the owners and operators of the sites.

“You” and “your” refers to you, being individual, consumer or company visitor to and users of the sites.

“Terms” and “agreement” refers to this document (this “Terms of Use”).

About these Terms of Use

Coffee Spout is owned and operated by Simmarcom Limited. These terms are specific to the Coffee Spout sites.

Customers, organisations or companies engaged in commercial activities (such as placing advertising on the Coffee Spout sites) are also subject to Simmarcom Limited’s Terms and Conditions.

Your Acceptance of these Terms of Use

This agreement governs your use of the sites, and by continuing to use the sites, you accept this agreement in full.

General

Simmarcom Limited is the owner, copyright owner and operator of the sites.

The sites and all content therein remains the property and title of Simmarcom Limited.

Simmarcom Limited is registered in England, registration number 8982780, and our registered address is 3 Redman Court Princes Risborough Buckinghamshire HP27 0AA.

This agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts. In the event of a dispute, both parties must give proper consideration and adequate time for mediation before further action.

You acknowledge that, if any part of this agreement is held invalid or unenforceable, all other clauses, terms and parts of clauses will remain in force and shall continue unbroken.

The sites are available to companies and individuals.

You acknowledge that you have the legal authority to enter into this agreement. You are responsible for your use of the sites.

The sites use cookies, and by continued use of the sites you are agreeing to our use of cookies in accordance with the site’s our privacy policy and cookie policy.

While we make every effort to keep this site up to date, we do not provide any guarantees or warranties that all information is accurate or current.

Reselling the service

You may not re-sell, re-market, lease, license, sub-license any part of the sites, nor include the sites in any sales, marketing or commercial activity. Such use will result in the immediate termination of this agreement and your eligibility to use the sites, without redress, compensation, refund, liability or loss to us in any way.

Support for the site

We will endeavour to provide “best effort” support for queries, bugs and issues.

Availability of sites

The sites are provided “as available” and “as is” by us. You acknowledge that you use the sites at your own risk.

Because of the complexities of the Internet, web software, hosting or communications systems, we do not promise nor guarantee access, nor warrant that the sites or service will be error-free, or guarantee the results of any use of our sites.

We reserve the absolute right to change, modify, terminate or suspend the sites at our sole discretion, although we will always endeavour to give reasonable notice of any change to the sites, except for regularly published content or where an urgent repair is necessary to maintain the sites. You acknowledge that we will maintain, repair and update the sites, and you agree that we are not liable, in any way whatsoever, for any loss access to the sites or subsequent losses, expense, reputation or goodwill. You also acknowledge that some changes or urgent repairs to the sites may necessitate immediate remedial action and temporary unavailability without notice.

We shall bear no liability, including that for any negligence, for other companies or service providers who may be processing information or network traffic, such as a hosting or telecommunications service providers, should their action or failure restrict or deny access to our sites or parts of the sites.

Your Responsibilities and Conduct

You agree to use our sites only for lawful purposes, and for your own use.

You must not use the sites for unsolicited promotional communications (e.g. spam) of any sort.

You will be honest, open, fair and transparent at all times when using the sites, and provide accurate information.

You will abide by the laws governing England.

You will comply with relevant Data Protection laws and regulations.

You are responsible for all content that you uploaded, post, store and communicate on the sites.

When using the sites, you agree not to upload, post, store or communicate any information, text, images, links or any other content that is, or links to sites and content that is, at our sole discretion:

  • Unsuitable for all visitors to the sites, regardless of age. The sites are intended to be family friendly.
  • Abusive, defamatory, illegal, pornographic, obscene, hateful, insulting, threatening, offensive, misleading, damaging, discriminatory or otherwise unacceptable.
  • Spam or any other unsolicited email or commercial communication, advertising or solicitation.
  • Dangerous, including programming scripts or any active content or code, computer viruses or malware, malicious software or any content encouraging unintended consequences such as phishing, denial of service or anything that may be considered an attack on computer system, personal or private data and information.
  • Content for which you do not own the copyright and where you cannot prove explicit consent of the copyright owner.
  • Infringing patents, intellectual property, trademarks, rights or designs or any other right in any country.
  • Invading the privacy of a person or company.
  • Illegal, or perceived as being illegal or potentially illegal.

Normal and expected use of the sites never requires, and prohibits, any software or programming scripts to be supplied by you in any way. The operators of the sites make reasonable endeavours to identify and remove software or programming scripts. Any content posted, uploaded or stored that contains (or is suspected to contain) suspicious HTML scripts, JavaScript or any other software or programming scripts will be removed or corrected if and when identified. You acknowledge that we may immediately discontinue your use of the sites, and/or remove any such content without warning and without liability if we consider, entirely at our discretion, that such content has been uploaded, posted, stored or transmitted via the sites, and that you are entirely responsibility for damages, losses and costs arising, directly and consequentially, from such activity.

We do not undertake to monitor, review, assess or correct every item of content.

You acknowledge that computer systems and Internet communication systems, including those from other service provider, can fail from time-to-time, and so you agree that we have no responsibility to hold backups of content or data that you create or post on the sites, and that you must hold backup copies of any content that you wish to be preserved.

You agree that we may use anonymised and aggregated data collected by the sites to monitor performance and use of the service, to ensure effective running of the service.

You are not permitted to license, re-license, reverse-engineer or attempt to reverse-engineer any part of our sites.

We take steps, such as using secure communications methods, to protect your use of the sites, and this includes your use of login credentials on the sites. You agree to accept responsibility for keeping your login credential safe and secure, and not to share them or expose them in any way with any other user, person or company. You accept liability for any costs incurred when using your login to the sites irrespective of who uses the sites. If you suspect your login credentials have been compromised, you will inform us immediately.

If you become no longer legally able or willing to abide by this agreement, you will cease use of the sites immediately.

You agree that the sites may publish or re-use your content, in accordance with the intended purpose of the sites (e.g. when publishing your comments, articles, reviews and feedback), and that you grant all necessary perpetual, transferable and irrevocable worldwide rights, permissions and licenses to legally permit such publication and re-use at no cost to us.

You confirm that you own copyright to all content that you upload or post on the sites, or you are able to demonstrate that you have permission to reproduce material which is copyrighted elsewhere.

The use of our sites must remain voluntary, and you may not impose any obligation on any person, organisation or company to use our sites.

You may link to our sites, providing that you do so in a fair and legal way, and that such a link does not constitute or imply a legal or commercial arrangement, or is damaging to our sites in any way at our sole judgement. We may withdraw this permission at any time and you agree to remove links at our request.

We may provide links to external websites. You acknowledge that we have no control over external websites and further acknowledge your understanding that external sites provide their own terms of use, privacy policies and other conditions.

Only persons of at least 18 years of age, or a legal adult in their country, may use the sites.

Your Liability

You are responsible, and carry liability, for all content that you upload, post or communicate on the sites.

No Warranty

You agree to use our sites at your risk, and you acknowledge that Simmarcom Limited, nor any of its employees, agents, representatives or other party, warrant that the site will not be interrupted or be error free. Nor do they make any warranty as to the outcomes, reports, information, data or accuracy that may be obtained from the use of the sites. We disclaim all warranties of any kind, including, without limitation, the warranty of outputs, outcome or fitness for purpose, expressed or implied, of the sites.

Virus and malicious software

We take steps to ensure the sites do not present viruses, malware or other malicious software, however you must have in place your own precautions against viruses, malicious software, trojans, key-loggers or other malware which may damage your own computer system. We do not accept any responsibility for any loss or damage which arise from your use of our sites.

You will refund to us all fees and costs incurred by us in complying with proper law enforcement or courts demands, as a result of any action made by you when using the sites.

Indemnity

You agree to hold harmless, defend and indemnify Simmarcom Limited, its officers, directors, employees and representatives, from and against any claims, liabilities, damages, losses, and expenses, including, without limits, reasonable legal fees, arising out of or in any way connected with your use of the sites, or your violation or breach of this agreement.

Our liability

We will take reasonable steps to ensure content, data and information collected by the sites is properly stored, and is backed-up on a regular basis. Because of the complexities of the Internet, data processing systems, hosting, software and communications, our total and maximum liability is limited to monies that you paid to us for your use of any part of the site for the periods affected by any loss of data and information stored on our site. You agree that our liabilities as stated herein are reasonable.

You also acknowledge that a reasonable period of time to restore or recover data and information from backup sources is acceptable, and that any such restored or recovered data may be in a different format to the original data, or may be incomplete due to technical failures.

We accept no liability for any failure to comply with this agreement where such failure is due to circumstance beyond our reasonable control.

We accept no liability, in any way whatsoever, for your use of any external websites even if you reached that website from a link on our sites.

You acknowledge that our sites publish content which may comprise of individual opinions, ratings, feedback or consumer feedback, and that we strive to be fair, open and honest. We accept no liability for loss whatsoever for any opinions, review, inaccurate information, ratings or other information expressed on the sites. We will act promptly, to review, update or remove any content that you report to us where you consider that content to be unfair or inaccurate.

For the avoidance of doubt, we do not accept liability for loss or damage incurred by you when using the sites, whether direct, indirect or consequential, whether caused by tort, breach of contract or otherwise, in connection with our sites, their use, or the inability to connect to or use them, including loss of income, goodwill, time, profit or data.

Terms of this agreement and termination

This agreement will commence when you use the sites, and will remain in force until either party discontinues the agreement.

Either party can give notice of termination without explanation.

Termination of this agreement terminates your eligibility to use the sites.

Upon termination of this agreement, you shall neither assume nor retain any rights or title to any content or information that is uploaded, posted, stored, entered, submitted or communicate using our sites, including text, images, links or any other content. You accept that we may remove your content and information from our sites at our discretion, except where such content or information must be retained for the essential operation of our sites or to comply with law enforcement or a court action.

Payments and refunds

The use of the sites is free, except where you negotiate a commercial agreement with Simmarcom Limited, in which case Simmarcom Limited’s separate Terms and Conditions also apply.

Shopping from our Online Shop

Coffee Spout offer links to products or services that are offered for sale by 3rd party retailers and companies (these are sometimes called “Affiliate Links”). When you buy, you are buying directly from one of those retailers, and the contract of sale that you enter into is between you and that retailer or 3rd party, and is subject to the retailer’s or 3rd party’s Terms and Conditions. Coffee Spout (or its operator, Simmarcom Limited) is not involved in your purchase transactions and is not responsible for any costs you incur. Any purchase decision you make is yours alone. Our shop is intended for UK consumers.

Disclosure of information

We will not disclose any personal, contact or attributable data to any third party, except where:

  • It is properly requested by law enforcement or a court action.
  • We believe, at our sole discretion, that content uploaded, posted, stored or communicated using the service may be illegal, and where we are bound by law or duty to pass such information to law enforcement or the courts.
  • The sites or site is bought by another company, under which circumstances your contact details will be passed to the acquiring company in order to maintain your ongoing access to the service, unless you inform us otherwise in writing within 7 days of our notice that states we intend to sell the site or sites to another company. Such notices will be posted on one or more of the sites.

Assignments

You may not assign this agreement to another party, person or company without our consent.

We will not assign this agreement to another party, person or Company, except where a site or sites, or part of the sites, or our company is being acquired by another company and where such assignment is in the best interests of your ongoing use of the sites.

Access to service and content

At our sole discretion, we may restrict your access to our sites by filtering on various criteria without notice or explanation.

We reserve the right to remove any content from our sites which we consider to be in breach of this agreement.

Changes to this Policy

We reserve the right to change this agreement at our discretion, posting notification of change on this page. You agree to periodically review the agreement to be aware of changes and your continued access to the sites shall confirm your acceptance of all changes.

Your Acceptance of these Terms of Use

By using our Coffee Spout sites, you are accepting this agreement. If you don’t agree, please do not use our sites.

Updates

Last updated 10th June 2015, where we added the section entitled “Shopping from our Online Shop”
Updated 7th January 2015