Terms of Service
- Does not warrant the services of any supplier
- Cannot make refunds to customers on behalf of suppliers (because we don’t handle the payment – see above)
- Does not mediate customer-supplier disputes
We are not like eBay or Amazon because we never touch the customer’s money and can never in any circumstances make a refund on behalf of a supplier. If you have any issue with a supplier you must contact them directly.
If you are an advertiser on this site, you also agree to be bound by the Additional Terms below. If you have any questions, then please contact us on +447989381331, or via firstname.lastname@example.org and we will be happy to help you.
1. What we will do for you
We allow unregistered users to search for suppliers. Registered users may also write reviews and report issues. Users with paid plans can advertise their businesses and collect and respond to reviews.
We may edit or delete any content you provide at any time at our sole discretion, and we have no obligation to review the information you provide. We may also move or close any reviews, comments or posts for any reason and without notice.
We will try to provide the Website so that it is available to you at all times. However, we do not provide any guarantees about its availability or that we will be able to resolve quickly any technical issues that may arise.
2. What you should do for us
Please ensure the reviews you provide are honest and truthful and expressed as opinions where that is appropriate. If you are reviewing any supplier, you must not have a personal or professional connection with that trader and you must have paid for and/or used their services.
If you intend to use a supplier, please take the time to check that supplier is right for your individual circumstances because if you use that supplier, you will do so at your own risk. We will not be a party to the contract between you and that supplier, and will not be responsible for any loss you may suffer as a result.
Please behave responsibly when posting reviews to the Website or adding any other content to our Website (such as comments on any of our discussion forums, if available). You agree that:
- You will not use the Website in any way that is: illegal or unlawful, or likely to encourage illegal or unlawful behaviour; likely to damage the reputation of the site; likely to be a nuisance, harmful or deceptive to any other person.
- Any reviews or other content you add to the Website will: be factually accurate and/or be your genuinely held opinion based on facts; not be defamatory, obscene or offensive; not infringe the copyright, trade marks or any other intellectual property rights of another person;
- In reviewing any trader on the site, you will not seek to promote your own or your employer’s business, seek to recruit new staff, or otherwise include any advertising or promotional material;
- You will not try to access any confidential information (including usernames and passwords) of any other person, or try to collect, store or otherwise use any personal data of other contributors to the Website
- You are over 18 years old or otherwise have the express permission of your parent or guardian to use the service;
- You will post under one login and not attempt to post under duplicate names.
- You will not pretend to be someone else (e.g. a customer when in fact you are a supplier, another user or a member of our team). You must not pretend that you are unconnected to a supplier or a customer, when in fact you are. If you have a personal connection to a supplier or a customer, you should disclose your connection or, where appropriate, not comment at all.
Please do not include any web links within your reviews or other content unless you have our prior permission to do so. If you want to ask for permission please email email@example.com.
Please keep your log-in details confidential to help us maintain the security of our website. You should not allow any other person to obtain access to the Website using your log-in details.
If you wish to complain or if you think someone is misusing the Website or using your log-in details, please tell us as soon as you can by using the ‘report issue’ function at the bottom of a review or by emailing firstname.lastname@example.org.
Guidelines for submitting photos
- In submitting a photo, you are granting us a non-exclusive, perpetual, royalty free licence to reproduce, edit, modify, adapt and publish the photo(s) as we see fit. As the owner of the copyright, you will retain the copyright in your photo(s) and can continue to use them as you wish.
- Photos submitted should be your own and original.
3. Other important things you need to know
You grant us a non-exclusive licence to use the reviews and any other content you add to our Website. For example, we may use this information in our marketing materials. While we will may display your name or username when using your content in this way, you agree that we have no obligation to do so.
Please ensure any content you print, copy or download from our website is for your personal use only. You must not use or encourage others to use our website (or its contents) for their or your commercial use or in a way that could damage the reputation of Support My Local. If you would like a commercial licence to re-use our data in bulk please contact email@example.com.
You take full responsibility for the reviews you post on the Website and for any other content you submit to the Website (such as comments on any discussion forums or review threads) which means, for example, that if you provide a review in breach of these terms, you may be required to compensate anyone who suffers as a result (e.g. to a supplier as a result of a false review).
Save where it is expressly stated, none of the reviews provided on the Website represent the views of Support My Local. The Support My Local pages contain the views of members of the public and suppliers. These views are not the views of Support My Local. Accordingly, we cannot guarantee the accuracy of the information on the Website.
Support My Local has no control over the score or reviews provided by customers and accepts no liability in contract, tort or otherwise for any damage caused, including any damage to reputation, arising as a result of your use of the Website and/or any customer feedback.
What happens if you don’t comply with these terms? We will treat any non-compliance as a serious issue, and if we think you have breached any of these terms, we may take any action that we consider appropriate. This may include:
- the temporary or permanent suspension of your access to the Website;
- taking legal action against you, possibly to recover any financial loss that we have suffered as a result of your actions; or
- publishing a statement on any of our websites detailing your actions.
We will not compensate you for any loss you may suffer arising from:
- using (or not using) a supplier reviewed on the Website;
- the reviews or other content provided by customers including where the information provided is inaccurate;
- any mistake we make with the content of our email alerts; and/or
- the additional circumstances set out in our general terms
5. Additional terms for advertisers and vendors
5.1 Honest representation
When submitting and or editing your profile page, you agree that the information you provide is complete and accurate and is not misleading or untrue in any way. It is your responsibility to update your page with any changes to your contact details and/or other personal or business information.
You understand and agree that you may be rated by your customers using our ratings system and that customers may leave written reviews of your services on your profile page, after completion of all or part of the work you carry out.
You must only portray yourself as being affiliated or connected to any accrediting body if your membership or qualifications are in date and still active.
You will not pretend to be someone that you are not (e.g. a customer). You must not pretend that you are unconnected to a customer, when in fact you are. If you have a personal connection to a customer, you should disclose your connection.
Our terms and conditions allow us to terminate your service if in our opinion,
- you are offering services that are not compliant with the regulatory regime to which you and/or we are subject or
- continuing to deal with you might damage our reputation in our industry
- damage our exposure on search engines or
- expose us to regulatory action or
- directly or indirectly support money laundering or
- anything else that frightens us us.
5.2 Data Processing Agreement
This Data Processing Agreement (“Agreement“) forms part of the Contract for Services betweenthe Vendor/Advertiser (the “Company”) and Doctor-IT Limited trading as Support My Local (the “Data Processor”)(together as the “Parties”)
(A) The Company acts as a Data Controller.
(B) The Company wishes to subcontract certain Services, which imply the processing of personal data, to the Data Processor.
(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
(D) The Parties wish to lay down their rights and obligations.
IT IS AGREED AS FOLLOWS:
1. Definitions and Interpretation
1.1 Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:
1.1.1 “Agreement” means this Data Processing Agreement and all Schedules;
1.1.2 “Company Personal Data” means any Personal Data Processed by a Contracted Processor on behalf of Company pursuant to or in connection with the Principal Agreement;
1.1.3 “Contracted Processor” means a Subprocessor;
1.1.4 “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;
1.1.5 “EEA” means the European Economic Area;
1.1.6 “EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR;
1.1.7 “GDPR” means EU General Data Protection Regulation 2016/679;
1.1.8 “Data Transfer” means:
18.104.22.168 a transfer of Company Personal Data from the Company to a Contracted Processor; or
22.214.171.124 an onward transfer of Company Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);
1.1.9 “Services” means the advertising and retail services the Company provides.
1.1.10 “Subprocessor” means any person appointed by or on behalf of Processor to process Personal Data on behalf of the Company in connection with the Agreement.
1.2 The terms, “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.
2. Processing of Company Personal Data
2.1 Processor shall:
2.1.1 comply with all applicable Data Protection Laws in the Processing of Company Personal Data; and
2.1.2 not Process Company Personal Data other than on the relevant Company’s documented instructions.
2.2 The Company instructs Processor to process Company Personal Data.
3. Processor Personnel
Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
4.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Company Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.
4.2 In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.
5.1 Processor shall not appoint (or disclose any Company Personal Data to) any Subprocessor unless required or authorized by the Company.
6. Data Subject Rights
6.1 Taking into account the nature of the Processing, Processor shall assist the Company by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Company obligations, as reasonably understood by Company, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
6.2 Processor shall:
6.2.1 promptly notify Company if it receives a request from a Data Subject under any Data Protection Law in respect of Company Personal Data; and
6.2.2 ensure that it does not respond to that request except on the documented instructions of Company or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws inform Company of that legal requirement before the Contracted Processor responds to the request.
7. Personal Data Breach
7.1 Processor shall notify Company without undue delay upon Processor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Company with sufficient information to allow the Company to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
7.2 Processor shall co-operate with the Company and take reasonable commercial steps as are directed by Company to assist in the investigation, mitigation and remediation of each such Personal Data Breach.
8. Data Protection Impact Assessment and Prior Consultation Processor shall provide reasonable assistance to the Company with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Company reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.
9. Deletion or return of Company Personal Data
9.1 Subject to this section 9 Processor shall promptly and in any event within
10 business days of the date of cessation of any Services involving the Processing of Company Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Company Personal Data.
10. Audit rights
10.1 Subject to this section 10, Processor shall make available to the Company on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the Company or an auditor mandated by the Company in relation to the Processing of the Company Personal Data by the Contracted Processors.
10.2 Information and audit rights of the Company only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data Protection Law.
11. Data Transfer
11.1 The Processor may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the Company. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.
12. General Terms
12.1 Confidentiality. Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:
(a) disclosure is required by law;
(b) the relevant information is already in the public domain.
12.2 Notices. All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out in the heading of this Agreement at such other address as notified from time to time by the Parties changing address.
13. Governing Law and Jurisdiction
13.1 This Agreement is governed by the laws of England.
13.2 Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of England.
5.4 Marketing Consent
The vendor must ensure that they have permission to send marketing information to a user before providing the email address to Support My Local.[/vc_column_text][vc_column_text]
5.4 Limitation of Liability
You accept that in no circumstances will our liability to you for lack of service or any other cause exceed the unused portion of an subscription fee that you have paid us.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]