Terms of Service

Send Me a Sample Terms of Service, November 2018

Acceptance of Terms of Service

The following sets forth the agreement (this “Agreement”) between you and Send Me a Sample Limited (“Send Me a Sample”, “we” or “us”) under which you may enable and use the Send Me a Sample platform (the “Software” or the “Send Me a Sample Service”), including, without limitation, all or any part of any content, visual interfaces, images, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Send Me a Sample Service and other materials that are provided by or in connection with the Send Me a Sample Service (“Send Me a Sample Materials”).

You acknowledge that, prior to creating an account, enabling any related skill or data capture form and using the platform, you have read and understood the terms of this agreement, without modification. By using the software, you agree to be bound by the terms of this agreement and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the platform.

You can review the most current version of this Agreement by visiting www.sendmeasample.net The most current version will supersede all previous versions. By continuing to use the Send Me a Sample Service after changes are made, you agree to be bound by such changes.

You also acknowledge that you have read and understood the Privacy Policy which explains how we will use any personal data you give us when enabling or using the Sent Me a Sample Service. You can review the most current version of the Privacy Policy by visiting www.sendmeasample.net/privacypolicy

Eligibility

You must be at least 18 years old to use the Send Me a Sample Service, or, if you are not at least 18, you must be at least 16 years old and may use the Send Me a Sample Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, you may not enable or use the Send Me a Sample Service.

Use of the Software

Provided that you otherwise fully comply with the terms of this Agreement, and upon successful registration and confirmation of a Send Me a Sample account, we grant to you a limited, personal, non-exclusive, non-transferable and non-sublicensable licence to use the Software via one account only across multiple web and voice platforms as set forth herein.

Restrictions

Except as expressly authorised herein, you agree to the following restrictions:

  1. You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use the Software except as expressly provided in this Agreement.
  2. You may not distribute, sell, resell, sublicense, rent, lease, share, or lend the Software.
  3. You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software or create derivative works based on the Software.
  4. You agree that you shall only use the Send Me a Sample Service in a manner that complies with all applicable laws in the jurisdiction in which you use the Send Me a Sample Service, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.
  5. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of the Send Me a Sample Service or any computer software, hardware, telecommunications equipment or other equipment or devices associated with the Send Me a Sample Service. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with the Send Me a Sample Service or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any service providers associated with or connected to the Send Me a Sample Service.
  6. We do not promote, recommend or condone use of the Send Me a Sample Service during other activities, such as the operation of machinery, where there is any risk of accident. You agree not to use the Send Me a Sample Service during such activities.
  7. You agree to use the Send Me a Sample Service fairly and not to use the Send Me a Sample Service for excessive sample requests beyond reasonable personal usage.

Other Charges

In connection with your use of the Send Me a Sample Service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.

Electronic Communications

By enabling and/or using the Send Me a Sample Service, you consent to receiving electronic communications and notices from Send Me a Sample. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that such communications be in writing.

Third Party Services

The Services may be made available or accessed in connection with third party services and content, including, but not limited to Amazon.com, Inc.’s voice controlled device service Alexa (“Third Party Service”). Send Me a Sample is not responsible or liable for the content, offers, privacy policies, products or services of any Third Party Service. Your dealings with any Third Party Service are solely between you and the applicable third party. Your access to the Send Me a Sample Service using any Third Party Service, site or program is subject to terms set forth in the applicable third party’s terms of services.

Automatic Updates

Send Me a Sample may automatically provide your Software with updates/upgrades in order to keep your Software up-to-date.

Intellectual Property

The Send Me a Sample Service, including all Materials, is owned by Send Me a Sample and its affiliates and third-party licensors, as applicable, and is protected by all copyright, patent, and trademark laws, international conventions, and other applicable intellectual property and proprietary rights and applicable laws in all jurisdictions using the Send Me a Sample Service. Materials do not include certain materials and content submitted by users of the Send Me a Sample Service or any website of Send Me a Sample or any of its affiliates. All trademarks, service marks and trade names are proprietary to Send Me a Sample and its affiliates and third-party licensors, as applicable.

Disclaimer; No Warranties

The send me a sample service and any third-party software, services, or applications made available in conjunction with or through the send me a sample service are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, send me a sample and its affiliates, licensors, suppliers and partners disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

Send me a sample and its affiliates, suppliers and partners do not warrant that the functions contained in the send me a sample service will be uninterrupted or error-free, that any defects will be corrected, or that the send me a sample service or the server that makes it available is free of viruses or other harmful components.

Send me a sample, and its licensors, suppliers and partners, do not warrant or make any representations regarding the use or the results of the use of the send me a sample service in terms of it correctness, accuracy, reliability, or otherwise. You (and neither Send Me a Sample nor its suppliers and partners) assume the cost of any necessary servicing, repair, or correction. You understand and agree that you download, purchase, or otherwise obtain any Materials or other data through the use of the Send Me a Sample Service at your own discretion and risk and that you will be solely responsible for any damage to your wireless device or loss of data that results from such material or data.

Limitation of Liability and Damages

If you do not comply with the Agreement, and we incur any costs, loss, claims, expenses and other liabilities which result from your use of or inability to use the Send Me a Sample Service, including a resultant breach by us of our obligations to any third party service providers, you agree to reimburse us for any such costs, loss, claims, expenses and other liabilities, including any legal costs involved with the defence of any claim brought against us due to your non-compliance. This is in addition to any other specific remedies provided by law.

We hereby exclude any liability for any direct, indirect, or consequential loss or damage that you may incur in connection with your use or inability to use the Send Me a Sample Service or any connected Third Party Service. Nothing in the Agreement excludes or limits our liability for personal injury or death caused by our negligence or for fraud.

In no event shall send me a sample, regardless of the cause of action, have any liability for any damages incurred by reason of any products or services sold or provided to you by third parties.

Technical Support

Send Me a Sample has no obligation to furnish you with technical support unless separately agreed in writing between you and Send Me a Sample.

Data Protection

You warrant that you will at all times during the course of this Agreement comply with the General Data Protection Regulation (EU) 2016/679), the Data Protection Act 2018 and any other applicable data protection legislation (“Data Protection Legislation”) and ensure that any and all use of the Skill complies with GDPR.

Governing Law and Jurisdiction

Please note that all claims relating to this Agreement or the Send Me a Sample Service are governed by English law. Both parties agree that the courts of England and Wales will have exclusive jurisdiction.

Waiver

Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

Severability

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Assignment

We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

Right to Terminate

Your rights under this Agreement will automatically terminate without notice from Send Me a Sample if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Software and Send Me a Sample may immediately restrict your access to the Send Me a Sample Service.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Send Me a Sample as set forth above.

Contact

Send Me a Sample Limited is located at 36 Golden Square, London, W1F 9EE. You can contact us by email: help@sendmeasample.net

Send Me a Sample Terms of Service, August 2018

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