Terms and Conditions of Service



This page (together with our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy) tells you information about us and the legal terms and conditions (Terms) on which we offer and supply any of the services listed on or accessed through our website (our site) to you. Any such services (Services) may be described in individual pages on our site from time to time and will relate to our mission of connecting businesses through recommendations and endorsements with their existing customers and potential customers to enable them to be more productive and successful and will, without limitation, allow businesses and individuals to follow each other and be followed, and allow recommendations and endorsements to be made and received.

These Terms will apply to, and create, a contract between us for the supply of Services to you (Contract). Please read these Terms carefully and make sure that you understand them before accessing any Services through our site. Please note that by accessing any Services through our site, you agree to be bound by these Terms and the other documents expressly referred to in them and, if you are using the site on behalf of a company or other legal entity, you and that entity will be individually bound by these Terms.

Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you should not access any Services through our site.

You should print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time as set out in clause 7. These Terms, and the Contract between us, are only in the English language.

These Terms were last amended on [April 10, 2017].

  1. Information about us.
    1. We operate the website irecommend.com. We are Out There Media Ltd, a company registered in England and Wales under company number 08251294 and with our registered office at Mill Farm, Mill Lane, Milton Keynes, England, MK17 8SP. Our main trading address is Mill Farm, Mill Lane, Milton Keynes, England, MK17 8SP. Our value added tax number is 154-4955-88.
    2. To contact us, please email admin@irecommend.com.
  2. Our Services
    1. The Services we make available through our site may be described in individual pages on our site and will relate to our mission of connecting businesses through recommendations and endorsements with their existing customers and potential customers to enable them to be more productive and successful and will, without limitation, allow businesses and individuals to follow each other and be followed, and allow recommendations and endorsements to be made and received.
    2. We offer various Services including those which allow you to make and receive recommendations and endorsements, and share information. Please note that recommendations, endorsements and information you post and share, or which are posted and shared about you, may be seen by other users of our Services and site. Therefore if you have a recommendation, endorsement or any information which you would like to keep confidential, or that is subject to third party rights which may be infringed by sharing it, or you do not wish for recommendations, endorsements or information to be shared about you, do not post and share it using our site or access our Services.
    3. Some of our Services may be offered for a fee, whether that be on a one-time or subscription basis. Any such Services and fees may be described in individual pages on our site from time to time. Unless otherwise stated, all sums are shown exclusive of any value added or sales tax. If you purchase any Services that we offer for a fee, you agree to pay the applicable fees for such Services as they become due plus all related value added or sale taxes and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through to the end of any subscription period.
  3. Use of our site
    1. Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy [http://www.irecommend.com/irecommend/privacy-policy.html]. Please take the time to read these, as they include important terms which apply to you. On the condition that you comply with these Terms, our Terms of Website Use and our Acceptable Use Policy, we grant you a limited, revocable, non-exclusive, non-assignable licence (which may not be sub-licensed) and right to access the site and Services.
    2. Our Services enable you to share information and communicate with other users of our site. You are solely responsible for your interactions with other users of our site.
    3. Based on what you post, share or receive on or through our site, for example by you recommending, endorsing or following a business, or being recommended, endorsed or followed as a business, we may use these actions to create social updates about you using your profile details that you have provided to us.
    4. Please note that if you allow a third party site to authenticate or to connect you with our site, that third party site may be able to access information on our site related to you and may be able to post it on that site. By accepting these Terms you consent to this.
    5. Please note that if you use our site to authenticate or to connect you with a third party site, we may be able to access information on that third party site related to you and post it on our site. By accepting these Terms you consent to this.
    6. Please note that your use of our site may result in some of the information that you share through our site being displayed outside of our site on other social media platforms which you subscribe to as a result of our site integrating with third party social media platforms. By accepting these Terms you consent to this.
    7. Please note that your use of other social media platforms which you subscribe to may result in some of the information that you share through those platforms being displayed on our site as a result of our site integrating with third party social media platforms. By accepting these Terms you consent to this.
    8. You may terminate the Contract for any reason or for no reason at any time with notice.
    9. We may terminate the Contract for any reason or for no reason at any time with notice.
  4. How we use your personal information
    1. We only use your personal information in accordance with our Privacy Policy and these Terms. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
    2. Being part of our site means sharing information about yourself and having information about yourself shared. By default, your account with us may be set up to share information freely to other users of our site because our mission is to connect businesses through recommendations and endorsements with their existing customers and potential customers to enable them to be more productive and successful and to, without limitation, allow businesses and individuals to follow each other and be followed, and allow recommendations and endorsements to be made and received. However, the amount and type of information you decide to share or have shared can be up to you and controlled through our site via [INSERT HYPERLINK] and in this way our site can be permission based. However, our view is that freely sharing information to other users of our site will enable you to derive more benefit from our site and the Services.
  5. If you are a consumer
    This clause 5 only applies if you are a consumer. For the purposes of these Terms, “consumer” means an individual who neither makes the Contract with us in the course of a business, nor holds themselves out as doing so, as defined by the Unfair Contract Terms Act 1977. If you are a consumer, you may only access Services through our site if you are at least 18 years old.
  6. If you are a business user
    This clause 6 only applies if you are a business.
    1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to access Services.
    2. These Terms and our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy.
  7. Our right to vary these terms
    1. We may revise these Terms from time to time in the following circumstances:
      1. changes in our Services; and
      2. changes in relevant laws and regulatory requirements.
    2. Every time you use Services through our site, the Terms in force at that time will apply to the Contract between you and us.
    3. Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
  8. Our liability if you are a business
    This clause 8 only applies if you are a business customer.
    1. Nothing in these Terms limit or exclude our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation; or
      3. any other liability which it is not legally permissible for us to limit or exclude our liability for.
    2. Subject to clause 8.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      1. any loss of profits, sales, business, or revenue;
      2. loss or corruption of data, information or software;
      3. loss of business opportunity;
      4. loss of anticipated savings;
      5. loss of goodwill; or
      6. any indirect or consequential loss.
    3. Subject to clause 8.1 and 8.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed[five times] the most recent fee that you have paid for any Services we have provided for a fee (where applicable) or [£250] (Pounds Sterling) whichever amount is the greater (or applicable). This limitation of liability is part of the basis of the bargain between the parties and without it these Terms and any fees charged would be different.
    4. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
  9. Our liability if you are a consumer
    This clause 9 only applies if you are a consumer.
    1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
    2. We do not in any way exclude or limit our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation; or
      3. any other liability which it is not legally permissible for us to limit or exclude our liability for.
    3. Subject to clause 9.1 and 9.2 our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed[five times] the most recent fee that you have paid for any Services we have provided for a fee (where applicable) or [£250] (Pounds Sterling) whichever amount is the greater (or applicable). This limitation of liability is part of the basis of the bargain between the parties and without it these Terms and any fees charged would be different.
    4. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to our services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
  10. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 10.2.
    2. An Event Outside Our Control means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, or outages to any public internet backbones, networks or servers, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    3. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
  11. Communications between us
    1. When we refer, in these Terms, to "in writing", this will include e-mail.
    2. If you are a consumer, if you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to [Out There Media Ltd Kemp House, 152 City Road, London, EC1V 2NX] or Email: admin@irecommend.com
    3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to any address you provide to us through our site. Applicable laws require that some information and communications be in writing. When using our site, you accept that communications will mainly be electronic. We will contact you by e-mail or by providing you with information by posting notices on our site. For Contract purposes, you agree to this electronic means of communication and acknowledge that all Contracts, notices, information and other communications that we provide electronically comply with any requirement that communications be in writing. This does not affect your statutory rights. We do not accept responsibility for any e-mails which are not received successfully, where the e-mail address is incorrectly spelt by you or that are redirected or deleted by spam filters.
    4. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  12. Other important terms
    1. We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    3. The Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    6. Regardless of your country of origin or where you access our site, if you are a consumer, please note that these Terms are governed by English law. This means the Contract for the provision of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
    7. Regardless of your country of origin or where you access our site, if you are a business, these Terms are governed by English law. This means that the Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
    8. We will not file a copy of the Contract between us.