Who we are
Our website address is: https://with.tips
With.Tips is part of EatBy. Please visit http://eatby.uk for full contact details.
By email: support@with.tips
Tel: +44 8708 200001
Our Privacy Policy can be found HERE
With.Tips Terms of Use
Terms of use can be a pain to read, but you must. We have helped a little by adding a “Put Simply” tip at the end of each section. These are intended only as a useful guide. The main content of each section is the important and legally binding bit.
With.Tips, EatBy and its affiliates (collectively, “our,” “us,” or “we”) operate websites, provide products and services through mobile and other applications, and develop software. We refer to these as “websites”, “sites”, “pages” or “posts”, ”services”, or “our sites and services”.
These terms, including any schedules and supplemental terms (collectively, these “Terms of Use” or this “TERMS OF USE”) applies to our sites and services on which we display or post a direct link to these TERMS OF USE. If there is any conflict between these TERMS OF USE and any supplemental terms to a site or service, the supplemental terms will be applicable. These TERMS OF USE do not apply to those sites and services that do not display or link to these TERMS OF USE, or that have their own terms or terms of use.
By using With.Tips as a visitor, contributor or affiliated sites and services, you are a “user” and you accept and agree to these TERMS OF USE as a legal contract between you and us. We may post changes to these TERMS OF USE at any time, and any such changes will be applicable to all subsequent access to or use of our sites and services. If you do not accept and agree to all provisions of these TERMS OF USE, now or in the future, you may reject these TERMS OF USE by immediately stop all access and use of our sites and services, in which case any continuing access or use of our sites and service is unauthorised.
You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on our sites and services.
Unless expressly permitted by supplemental terms, our sites and services are intended for general audiences 15 years of age and older, and access or use by anyone younger without supervision by an adult is not authorised. We make no guarantee that content is suitable for an audience younger than 18 years of age.
These TERMS OF USE grant you a limited, revocable, nonexclusive license to access our sites and service and use our sites and services, in whole or in part, including but not limited to our intellectual property therein, solely in compliance with these TERMS OF USE.
Put Simply – this is an agreement between us and you if you use our sites. It defines who we are and who you are. By using our site you automatically agree to these terms. And you must be 15 or over.
Moderation
We have the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications (“content”)) posted to, stored on or transmitted via our sites and services by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorised or unauthorised access to or use of our sites and services) by any user (or any other third party in any manner); and to enforce these TERMS OF USE, for any reason and in any manner or by any means that we, in our sole discretion, deem necessary or appropriate (including but not limited to automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorisation, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Our action or inaction to regulate content or conduct or to enforce against any potential violation of these TERMS OF USE by any user (or any other third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TERMS OF USE violation. You also understand and agree that any action or inaction by us or any of our, employees, consultants, agents or representatives (collectively, “our representatives” and individually “our representative”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TERMS OF USE violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of our representatives will be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these TERMS OF USE. Although our representatives may moderate content on our sites and services at our discretion, our representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of us will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of us will otherwise stop, cure or prevent any problem, content, conduct or purported TERMS OF USE violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by our representative (or by anyone else acting on behalf of us or by anyone purportedly acting on behalf of us) that we (including but not limited to our representative, anyone else acting on behalf of us, or anyone purportedly acting on behalf of us) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TERMS OF USE violation is superseded by this provision and is non-binding and unenforceable. Specifically, you agree that we, our representatives and anyone else authorised to act on behalf of us will in no circumstance be liable as a result of any representation that we, our representatives or anyone else on behalf of us would or would not restrict or redress any content, conduct or potential or purported TERMS OF USE violation. For the purpose of clarity, the opinions, statements, comments, posts and other communications expressed on our sites and services are solely those of the poster and not ours. We do not guarantee the accuracy or reliability or the information provided by any poster, administrator, or moderator. Administrators and moderators are not our agents and their opinions, comments and posts are their own. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by an authorised representative and dated and signed by the individual or entity to whom the modification, waiver or release is granted. We also have the right in our sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of our sites and services at any time without notice. We and our representatives will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
Put Simply – Though we moderate the site, you are still legally responsible for your actions and your contributions. You need written permission from us to break a rule.
Content and Conduct
Content
If you contribute to With.Tips, content you provide must be your own.
We do not control, are not responsible for and make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content. You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account. Content prohibited from our sites and services includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via our sites and services); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilised with respect to our sites and services would violate these TERMS OF USE or our other legal rights; and (8) unauthorised (by us) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in supplemental terms for particular categories or services on our sites and services and all such prohibitions are expressly incorporated into these TERMS OF USE as stated in the introductory paragraphs above. You automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorised copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorised downloading, extraction, harvesting, collection or aggregation of content that you post).
Put Simply – You agree not to post bad stuff or anything harmful, not to be a nuisance, or to plagiarize (copy without permission or siting) other people’s work – or do anything else illegal.
Conduct
Behave yourself. With.Tips is about caring and sharing. We do not control, are not responsible for and make no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct. You are also responsible for your own conduct and activities on, through or related to our sites and services, and, if you create an account on our sites and services, you are responsible for all conduct or activities on, through or by use of your account. We do, however, retain the right to ban and block users and delete their content for any reason.
Put Simply – Be nice or be blocked.
Postings and Accounts
These Terms of Use apply to all uses and users of our sites and services, unless we have specifically authorised an exception to a particular term for a particular user in a written agreement or in supplemental terms. We have sole and absolute discretion to authorise or deny any exception(s) to the terms.
Put Simply – these terms apply to everyone using any of our sites.
Postings
Users may not circumvent any technological measure implemented by us to restrict the manner in which content may be posted on our sites and services or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent service accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.” It is expressly prohibited for any third party to post content to our sites and services on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them. It is expressly prohibited to post content to our sites and services using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) will be responsible and liable to us for each instance of access to our sites and services (by any user or other third party) using that automated means. Affiliate marketing by users is expressly prohibited on our sites and services. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner unless authorised in writing by us.
Put Simply – Postings – Don’t do spammy stuff. We tightly control affiliate marketing and advertising. Users who gain and maintain our trust are allowed to use With.Tips for marketing with permission (and for a fee).
Accounts
For each site, a user may create, maintain and use no more than one account to post content only on his/her or its own behalf. A user must create his/her or its account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. A user may not create or use additional accounts or any account of another and must not permit, enable, induce or encourage others to create accounts for him/her or it. The purchase and sale of accounts and the creation of accounts for others is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation process, posting process or otherwise for posting content in violation of these TERMS OF USE also is expressly prohibited.
Put Simply – Don’t do spammy stuff or try to con people with fake accounts.
Unauthorised Access and Activities
We have sole and absolute discretion to authorise or deny any exception or exceptions to the terms. Authorisation will only be given in writing. To maintain the integrity and functionality of our sites, pages and services for its users, access to our sites and services and/or activities related to our sites and services that are harmful to, inconsistent with or disruptive of our sites and services and/or users’ beneficial use and enjoyment of our sites and services are expressly unauthorised and forbidden. For example, without limitation:
- The collection of our sites and services users. personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
- Any copying, aggregation, display, distribution, performance or derivative use of our sites and services or any content posted on our sites and services whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access our sites and services without individual written agreements executed with us that specifically authorise an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant website, service, forum or content; (b) they access our sites and services from a stable IP address using an easily identifiable agent; and (c) they comply with our robots.txt file; provided however, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access our sites and services without their own written agreement executed with us), at any time and in our sole discretion, upon written notice, including, without limitation, by email notice.
- Any access to or use of our sites and services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with our sites and services (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
- Any effort to decompile, disassemble or reverse engineer all or any part of our sites and services in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
- Any activities (including but not limited to posting voluminous content) that are inconsistent with use of our sites and services in compliance with these TERMS OF USE or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of our sites and services in any manner are expressly prohibited.
- Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorised and prohibited access and activities is also expressly prohibited and is a violation of these TERMS OF USE.
- If you access our sites and services or copy, display, distribute, perform or create derivative works from our sites and services webpages or our intellectual property in violation of these TERMS OF USE or for purposes inconsistent with these TERMS OF USE, your access, copying, display, distribution, performance or derivative work is unauthorised. Circumvention of any technological restriction or security measure on our sites and services or any provision of these TERMS OF USE that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of our webpages on your computer or computer server constitute “copies”. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and our intellectual property rights.
Put Simply – Unauthorised Access and Activities – don’t do illegal stuff.
Interactions with Others
We and our representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organisation (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others. The sites or services may provide links to other websites and online resources. Because we have no control over such websites and resources, you acknowledge and agree that we, including affiliates, employees, officers, directors, agents, representatives, licensors, suppliers and service providers, (collectively, “we”) are not responsible for the availability of such external websites or resources and we neither endorse nor are responsible or liable for, and make no representations or warranties regarding, the identity or trustworthiness of the third-party website or resources, including any content, advertising, products, services, or other materials on or available through such websites or resources. Other websites may provide links to our sites with or without authorisation. You acknowledge and agree that we do not endorse such websites, and are not and shall not be responsible or liable for any links from those websites to our sites, any content, advertising, products or other materials available on or through such other websites, or any loss or damages incurred in connection therewith. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY APPLICABLE TO SUCH WEBSITES AND RESOURCES. We shall have the right, at any time and in our sole discretion, to block links to our sites through technological or other means without prior notice.
Put Simply – Interactions with Others – we are not the internet god. We can’t control what happens on the web or how people behave. We can act to block and remove stuff on our own site, and will when needed. But we can’t stop it in the first place and will not be responsible for the actions of other people or things out of our control!
Fees
In certain instances, we may charge a fee to post content or for other features, products, services or licenses. You are responsible for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorise us or our designated payment processor to charge your specified credit card, debit card or other payment method for such fees. All fees will be displayed in either United States dollars or U.K. Pounds and all charges will be made according to the amount in the displayed currency. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider. Except as required by law or otherwise stated on the site or in the services, all fees are nonrefundable and payments and purchases may not be canceled by the user. However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.
Put Simply – With.Tips is free to use and contribute to. But some things you agree to pay for – like being an associate member.
Indemnification
You agree to indemnify and hold us and our representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others); (c) your use of or reliance on any user content; and (d) your violation of these TERMS OF USE. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by us or our representatives. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defence of these claims.
Put Simply – you agree these terms cover us against losses to us.
Advice
You hereby understand that the word “advice” used anywhere on With.Tips is to be interpreted as: “Information and ideas that are offered with the intention of being helpful but may or may not be correct, or in fact, useful”.
Information held within any content on With.Tips is purely subjective and may not be construed as definitive advice, accurate, or correct, particularly in the case of the following (and not exhaustive) list.
- Financial Advice – or any advice pertaining to financial matters, insurance or banking.
- Medical Advice – or any advice pertaining to health, safety or care.
- Consumer advice – or any advice pertaining to products, services, utilities or the suitability of each.
- Legal Advice – or any advice with consequential legal implications.
- Any other advice where the outcome of following such advice has an undesirable or less than optimum outcome.
However, contributors to With.Tips must also understand that this statement (and agreement to it by all visitors and contributors) does mean that contributors may offer seemingly definitive advice on the assumption that these terms safeguard against repercussions.
Put Simply – The nature of this site is that users might be seeking or offering advice (or “tips” about something). You must understand that advice is only as good as the person giving it. You can take it or leave it – but you agree not to blame us if it’s bad advice.
Disclaimers
YOUR ACCESS TO, USE OF AND RELIANCE ON OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF OUR SITES AND SERVICES AND CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON OUR SITES AND SERVICES OR IN CONTENT). THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.
Put Simply – This is the bit that covers our arses in all other respects. By using this website you agree that we are not responsible for anything so long as the law allows.
Limitations of Liability
WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANISATION ARISING OUT OF OR RELATED TO OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORISED OR UNAUTHORISED ACCESS TO OR USE OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES; ANY INABILITY TO ACCESS OR USE OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES. NOTHING IN THESE TERMS OF USE WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON OUR SITES AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR SITES AND SERVICES). IN NO EVENT WILL OUR OR OUR REPRESENTATIVES’ LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON OUR SITES AND SERVICES OR CONTENT ACCESSED THROUGH OUR SITES AND SERVICES BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, OR TWO HUNDRED POUNDS (£200.00), WHICHEVER IS LESS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PROVIDER ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING OUR SITES AND SERVICES AND TO CANCEL YOUR ACCOUNT, IF ANY. You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our sites and services or content accessed through our sites and services, or any interactions with others arising out of or related to our sites and services or content accessed through our sites and services, and you expressly waive the provisions of any laws in any jurisdiction, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Put Simply – In the unlikely or virtually impossible event of us being found responsible for anything the maximum we are liable for amounts to £200.
Damages
At our election, we may seek damages. In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these TERMS OF USE for which you bear responsibility; except you acknowledge that, for certain TERMS OF USE violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TERMS OF USE violations, you agree to pay liquidated damages to us as described in our liquidated damages policy, which can be found Below. Furthermore, you agree that the amounts of liquidated damages described therein are reasonable estimates of our damages for such violations, and that liquidated damages for violations of these TERMS OF USE are and will be cumulative.
Put Simply – Mainly as a deterrent, we charge damages to anyone who flaunts our terms and conditions to cause harm or damage to us, our users or our service.
Injunctive Relief
You acknowledge and agree that any violation or breach of these TERMS OF USE may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these TERMS OF USE or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these TERMS OF USE. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these TERMS OF USE, including but not limited to by preliminary or permanent injunction.
Put Simply – You understand that we may take legal action to stop users who cause harm.
Release of Information
Our Privacy policy prevents is from sharing unpublished user information.
However, we reserve the right to disclose any personal information about you or your use of our sites and services, including its contents, without your prior permission if we have a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend our rights and property or our affiliated companies; (3) enforce these TERMS OF USE; or (4) act to protect the interests of our users or others. Our performance of these TERMS OF USE is subject to existing laws and legal process, and nothing contained in these TERMS OF USE is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our sites and services or information provided to or gathered by us with respect to such use.
Put Simply- We value your privacy but we also value the laws that protect us all. Whenever necessary, we will hand over information to the appropriate authorities if we think fit – or required to do so by law.
Copyright Policy
In appropriate circumstances and at our sole discretion, we may disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Put Simply – Don’t steal!
Privacy
Our Privacy Policy can be found HERE.
Dispute Resolution and Arbitration
We believe we will be able to resolve most disputes or issues you may have using our sites and services. In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you agree to the following resolution process. Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least 30 days. To do that, please use the contact us page, leaving your name and full contact details.
It is important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one year after your claim arose; otherwise, your claim is waived. As an exception to this arbitration agreement, we are happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis.
We prefer to resolve our issues with you directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
You agree that any legal proceedings, including arbitration, will be exclusively held in the U.K. and that each party will be responsible for its own costs or as awarded in a U.K. court of law.
Put Simply – We prefer to deal with things calmly and sensibly before threatening legal action. We expect the same from everyone else.
Miscellaneous
Rules for Sweepstakes, Contests and Promotions
In addition to the terms and conditions of these TERMS OF USE, any sweepstakes, contests, raffles or similar promotions (collectively, “Promotions”) made available through our sites and services may be governed by specific rules. By participating in any such Promotion, you will become subject to those rules. To the extent that the terms and conditions of such rules conflict with these TERMS OF USE, the terms and conditions of such rules will control.
Put Simply – if we do any, each contest etc. will have it’s own set of rules and term published separately.
Copyright and Trademarks
Except as otherwise expressly provided, all contents of our sites and services are copyrighted by us, third party providers, or our contributors. All rights reserved. Some logos, trade names and Trade Marks are owned by EatBy or With.Tips and are protected by U.K. and international law. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through our sites and services are our trademarks (collectively, “our marks”). These TERMS OF USE do not authorise you to use our marks or any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with us.
Put Simply – don’t use our logos and stuff to con people by pretending to be us.
Reservation of Rights in our sites and services
Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to our sites and services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein or as follows in Permissions.
Put Simply – You have no automatic rights to our stuff unless it’s granted.
Permissions
With.Tips and EatBy provides some logos and artwork that is specifically designed to be shared by users and contributors, or members of the press and media. Use of such images is granted by us (and under fair use) on the proviso they are presented with a link to our site or, in the case of physical print, show a valid with.tips web page or sub.page or the main www.with.tips web address. Such logos and artwork remain our property and must not be used to in a defamatory way, or to misrepresent us or our partners, in accordance with the ‘Copyright and Trademarks’ section above.
Put Simply – You can share articles and links to With.Tips or talk about us (nicely) on your blog, in the press etc. If you do, you may use certain With.Tips logos and artwork.
Entire Agreement
These TERMS OF USE (along with any documents linked to in these TERMS OF USE) constitute the entire agreement between you and us and supersede any prior written or oral agreement. Other than our representatives (who are expressly included as named third-party beneficiaries of these TERMS OF USE), there are no third-party beneficiaries to these TERMS OF USE. If any provision of these TERMS OF USE is found by a court of competent jurisdiction to be unenforceable, all other provisions of these TERMS OF USE will remain in full force and effect.
Put Simply- It doesn’t matter what you read anywhere else – the only the terms that matter are those written by us (and not our contributors) on our site(s).
Governing Law
Any and all claims, causes of action or disputes (regardless of theory) between you and us arising out of or related to these TERMS OF USE, our sites and services or content accessed through our sites and services will be governed by the laws of England and Wales in the UK, without regard to conflict or choice of law principles. You agree that any claims, causes of action or disputes not subject the Dispute Resolution and Arbitration Section will be brought exclusively in courts located England and you agree to submit to the personal and exclusive jurisdiction of such courts, for any actions. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one (1) year after such claim or cause of action arose or be forever barred. All claims not subject to the Dispute Resolution and Arbitration section that you bring against us must be resolved in accordance with these terms and conditions. All claims filed or brought contrary to these terms will be considered improperly filed. Should you file a claim contrary to this section, we may recover all our legal fees and costs from you provided that we have notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
Put Simply – We are governed by UK law any case shall be made in the U.K. You agree to cover our legal costs should you improperly bring a case against us.
Electronic Communications
When you use our sites and services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our sites and services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Put Simply – You agree to communicate with us by email.
Electronic Contracting
Your use of our sites and services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Put Simply – As per U.K. and European law, your emails and electronic transactions shall be legally binding.
Termination
You may terminate your account and/or stop using our sites and services at any time. We may, in our sole discretion, terminate or suspend your access to all or part of our sites and services for any reason, including, without limitation, violation of these TERMS OF USE and/or if we have a reasonable ground to suspect that you have violated these TERMS OF USE. We are not obliged to offer any reason for terminating your account. These TERMS OF USE and the rights granted and obligations undertaken, may not be transferred, assigned or delegated by you. Any purported attempt will be ineffective. We retain the right to transfer, assign or delegate these TERMS OF USE.
Put Simply – You can terminate your account with us and we can terminate your account for any reason. We may say why as a courtesy or to clear up misunderstandings – but we don’t have to.
Feedback and guest posts.
You automatically grant and assign to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our sites and services any tips, advice, suggestions, enhancement requests, recommendations or other feedback provided by you.
Put Simply – You agree that we don’t owe you anything if you give us ideas, tips or advice in your feedback or on the guest posts. We will always be grateful.
Waiver
Any failure by us to enforce or exercise any provision of these TERMS OF USE, or any related right, will not constitute a waiver of that provision or right.
Put Simply – If we haven’t acted on a violation it doesn’t mean it’s acceptable and it doesn’t mean we won’t act on it.
Last updated: 17 August, 2018
Damages.
Simply – We believe the world will be a better place if we all help each other. With.Tips is about sharing knowledge and experience. Our intention is not to be awkward, it is to be fair – so as a deterrent we charge users who behave badly or purposefully breaking our rules.
With.Tips, EatBy, subsidiaries and corporate affiliates (collectively, “our,” “us” or “we”) operate websites, provide products and services through mobile and other applications, and develop software that are governed, as applicable, by our terms of use (our “TERMS OF USE”). This Damages policy (this “Policy”) applies to our sites and services and are incorporated into our TERMS OF USE. If there is any conflict between this Policy and our TERMS OF USE, this Policy will control. By using our sites and services, you are a “user” and you accept and agree to our TERMS OF USE and this Policy as a legal contract between you and us.
Certain terms used in this Policy have the meanings set forth in our TERMS OF USE. In addition, for purposes of this Policy:
- “Item of Content” means each and every instance of content of any type posted to, stored on or transmitted via our sites and services by any user (or any other third party in any manner). For example, each single post to our sites and services (including but not limited to any ad, comment, flag or message posted to the sites and services), each single data file stored on our sites and services (including but not limited to any account information, text, code, images, video or binary file), and each single communication transmitted via our sites and services (including but not limited to any email or response to an email) is a single “Item of Content.” Each “Item of Content” shall be considered and treated as an individual, discrete “Item of Content” even if it contains the same or substantially similar content as one or more other Items of Content.
- “Account” means each and every account of any type applied for, requested or created by any means.
- “Instance of Unauthorised Conduct” or “Instance” means each individual time our sites or services are accessed in connection with or in facilitation of a violation of the TERMS OF USE. With respect to the Instances of Unauthorised Conduct enumerated in paragraph 6 below, each day that our sites and services are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorised Conduct.
- “Attempt” shall be defined pursuant to U.K. law.
TERMS OF USE violations harm the functionality, integrity, and reputation of our sites and services; interfere with and detract from users’ and customers’ beneficial use and enjoyment of our sites and services; and are detrimental to our business. Pursuant to Sections 10 (Damages) and 11 (Injunctive Relief) of the TERMS OF USE, you acknowledge and agree that we incur actual damages as a result of any TERMS OF USE violations detailed below. You further acknowledge and agree that actual damages caused by such violations are extremely difficult, impossible or impractical to determine or quantify. Consequently, you agree it is fair and reasonable for us to obtain injunctive relief to prohibit future violations of the TERMS OF USE and recover liquidated damages for past violations of the TERMS OF USE. You further acknowledge that the amounts set forth below reflect reasonable estimates of our actual damages from each such violation and that such estimates are reasonably related to the actual damages incurred by us by each such violation.
For each TERMS OF USE violation below, you therefore agree to pay liquidated damages to us in the amount specified. You further acknowledge and agree that the imposition of liquidated damages for each such TERMS OF USE violation is independent and distinct, and that the assessment of total liquidated damages for multiple TERMS OF USE violations is cumulative. Any conduct or content that is permitted pursuant to a written license agreement with us shall not be deemed in violation of the TERMS OF USE as long as the conduct or content is specifically authorised pursuant to the terms of the license agreement.
- £100 Per Item of Content.
You agree to pay £100 per Item of Content posted or stored on, or transmitted via our sites and services either by you or on your behalf: (a) using any automated means to perform any step of any process for submitting content (in whole or in part); (b) by any means that circumvent any technological measure implemented by us to restrict the manner in which content may be submitted on our sites and services or to regulate the manner in which content (including but not limited to email) may be transmitted to other users; or (c) using Accounts that are created or used in violation of Section 3(b) (Accounts) of the TERMS OF USE.
Damages under this Section 1 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 1 in addition to the liquidated damages incurred by us set forth elsewhere in this Policy.2.
- £150 Per Item of Content. You agree to pay £150 per Item of Content posted or stored on, or transmitted via our sites and services either by you or on your behalf: (a) that offers, promotes, advertises or provides links to unsolicited products or services (except that the content described in section 4(g) of this Policy shall be subject to liquidated damages as provided in section 4(g)); (b) that violates guidelines for particular categories or services; or (c) for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner and under any circumstance (including but not limited to ads, emails and other communications with users of the service).
Liquidated damages under this Section 2 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 2 in addition to the liquidated damages incurred by us set forth elsewhere in this Policy.
- £150 Per Account/Instance. You agree to pay £150 per Account/Instance of Unauthorised Conduct: (a) if you create, maintain or use at any time more than one Account to post content; (b) if you create one or more Accounts for or on behalf of another; (c) if you permit, enable, induce or encourage someone else to create one or more Accounts on your behalf; (d) if you use other users’ Accounts (with or without their knowledge or consent) (including but not limited to your use of any Account you purchase or otherwise do not personally create); (e) for any Account you purchase, offer, market, sell, or distribute; (f) for any Account you create for another; (g) for any Account you create by any automated means; (h) if you use any Accounts created in circumvention of any technological restriction or security measure in the Account creation process; (i) if you create any Accounts in circumvention of any technological restriction or security measure in the Account creation process; (j) for any product, software, or tool (including but not limited to CAPTCHA credits) you acquire, purchase, offer, market, sell, or distribute, that facilitates circumvention of any technological measure implemented by us to restrict the manner in which content may be posted on the service or to regulate the manner in which content may be transmitted to other users; (k) if you collect users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers), or (l) for any activities (including but not limited to posting voluminous content) that are inconsistent with use of the service in compliance with the TERMS OF USE or that may impair or interfere with the functionality, performance or quality of all or any part of the service in any manner.
Liquidated damages under this Section 3 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 3 in addition to the liquidated damages incurred by us set forth elsewhere in this Policy.
- £2,000 Per Item of Content. You agree to pay £2,000 per Item of Content that contains: (a) illegal content; (b) content that facilitates the creation, advertising, distribution, provision or receipt of illegal goods or services; (c) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (d) content that discloses another’s personal, confidential or proprietary information; (e) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via the service); (f) malicious content (including, without limitation, malware or spyware); or (g) content that offers, promotes, advertises, provides links to or solicits posting or auto-posting products or services, account creation or auto-creation products or services, bulk telephone numbers, or any other product or service that if utilised with respect to the service would violate the TERMS OF USE or our other legal rights.
Liquidated damages under this Section 4 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 4 in addition to the liquidated damages incurred by us set forth elsewhere in this Policy.
- £35,000 Per Instance of Unauthorised Conduct. Technology can be misused to facilitate harm to our sites and services, users, and/or our business on a massive scale. Accordingly, you agree to pay $25,000 per Instance of Unauthorised Conduct that includes: (a) copying, aggregating, displaying, distributing or creating derivative use of our sites or services or any content posted on our sites and services (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes, or RSS feeds); (b) access to or use of our sites or services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, and mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with our sites and services (including, without limitation, to access content, post content, respond to content, transmit content, create accounts, use accounts, circumvent security measures, or flag content); or (c) decompiling, disassembling or reverse engineering all or any part of our sites or services in order to identify, acquire, copy, or emulate any source code or object code.
Liquidated damages under this Section 5 are in addition to liquidated damages that may be applicable pursuant to other sections of this Policy and are agreed to be a reasonable estimate of our actual damages for such violation described in this Section 5 in addition to the liquidated damages incurred by us set forth elsewhere in this Policy.
Last updated: 12 August, 2014