Developing IT Limited with Optiseller ("Developing IT with Optiseller/we/us") provides sellers, brands, partners and marketplaces with performance and content data required to monitor, control and grow across multiple supply channels ("Data Services").
We have developed a portal through our website at www.optiseller.com ("Portal") for us to provide the Data Services ("Portal Services").
We reserve the right to amend these Terms from time to time and will email to alert you to our new terms or notify you of the change via the Portal. Your continued use of the Portal Services will be deemed to be acceptance of any new terms.
Who we are
Developing IT Limited with Optiseller is a limited liability company incorporated in Scotland. Our company number is SC277442, and our registered office is at Office 8 Commercial Centre, Stirling Enterprise Park, Stirling, FK7 7BF.
About the Portal Services
The Portal allows us to provide the Portal Services.
The Portal is for Users only. A User is an individual, business or organization, including their employees, agents or contracts, who registers to use the Platform for the Portal Services.
You must comply with the terms of the Agreement as set out in these Terms.
On condition that you comply with your obligations under the Agreement, we grant you a limited, non-exclusive, non-transferable licence to access the Portal and use the Portal Services in accordance with this Agreement.
All fees for use of the Portal and Portal Services are subject to any Service Agreement we may have with you.
Subject to our Service Agreement with you, Users may cancel their Accounts at any time. To cancel your Account, please contact us at [email protected].
We reserve the right to immediately suspend or cancel your Account should you fail to comply with the Agreement.
Our rights in the Portal Services
We own or validly license all intellectual property rights in our Portal Services, and in the material published on it. Except to the extent set out in the Agreement, or otherwise agreed in writing between us, you are not permitted to use such intellectual property rights.
Availability of Portal Services
Subject to any Service Agreement we have with you, we shall use commercially reasonable endeavours to make the Portal Services available 24 hours a day, seven days a week, except for planned or unplanned maintenance. We will try and ensure all maintenance is not carried out during office hours and to give you as much advance notice of any maintenance as we can.
We will endeavour to respond to all support queries within two working days (based on UK time).
You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
Disclaimer and Liability
The Portal Services are provided on an 'as is' and 'as available' basis and to the extent permitted under Scottish law, without warranties of any kind. In particular, we make no warranty that the Portal Services will meet your requirements or expectations or that it will be error free.
We provide, via the Portal, a facility to enable Portal Services to be accessed by Users. However, we are not liable for any information provided by the Portal or Data Services to Users and have no liability for any errors or omissions in relation to such information. Any decisions made on the basis of the Data Services by you are your responsibility, and we are not liable for any liability that may arise out of that decision.
We do not exclude or limit in any way our liability for:
Otherwise, to the extent permitted by law, we shall not have any liability in relation to any loss, claim or damage arising from or related to the use or provision of the Portal Services.
This section shall survive termination of the Agreement.
You agree to indemnify us against all claims, loss or damage which we sustain or are likely to sustain as a consequence of your breach of these Terms.
If we choose to waive any particular right we have under the Agreement on any particular occasion this does not prevent us from exercising that right on another occasion.
If any part of the Agreement is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Agreement.
You are not entitled to transfer or assign your rights and obligations under the Agreement to anyone else without our prior written permission.
Where applicable, if there is a conflict between the Service Agreement and these Terms, the terms in Service Agreement shall prevail.
If there are any disputes arising out of your use of the Portal or Portal Services, or otherwise relating to the Agreement, then these will be governed by the laws of Scotland, and subject to the exclusive jurisdiction of the Scottish courts.