Terms Of Use

1. Introduction

1. The Votebot.uk Website is brought to you YourSay Ltd (“us”, “we” or “our”). Our registered office address is: International House, 64 Nile Street, London, N1 7SR..

2. Please read these Terms of Use (“Terms”) carefully. They set out the basis on which we are allowing you to access and use our website Votebot.uk (the “Website”) and the functionality available through our Website.

3. In addition to these Terms, your use of the certain parts of the Website may be subject to other terms and conditions that will be notified to you from time to time.

4. We want to provide you with an excellent user experience when you use the Website. If you have any questions or queries about the Website or these Terms we would be delighted to help. Please contact us by using the details at the end of these Terms.

2. Acceptance of our terms

By using the Website, you accept and agree to be bound by these Terms. If you do not accept these Terms you must not use the Website.

3. Our right to amend these terms

1. We reserve the right to change, modify, add to, or delete portions of these Terms at any time including to reflect changes affecting the Website, our technology, relevant laws and/or regulatory requirements.

2. If we do change these Terms, we will post the changes on this page and will indicate the effective date at the top. We may also communicate changes to you by email (where we have this information).

3. You are responsible for regularly reviewing these Terms so that you are aware of any changes. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms. If you do not agree to (or cannot comply with) the Terms as amended, please do not use the Website.

4. Your access and use of the Website

1. Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Website without notice.

2. You are responsible for making all arrangements necessary to access the Website. You are also responsible for ensuring that all persons accessing the Website through your internet connection are aware of these Terms.

3. You must not:

   • interfere with, or disrupt, the Website or any servers or networks connected to the Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Website is rendered or displayed in a user’s browser or device;

   • access the Website via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);

   • attempt to restrict another user of the Website from using or enjoying the Website and you must not encourage or facilitate the breach of these Terms by others;

   • use the Website for any illegal or unauthorised purpose; or

   • change, modify, adapt or alter the Website or change, modify or alter another website so as to inaccurately imply an association with the Website or with us.

5. Availability of the Website

1. You acknowledge that the Website is provided “AS IS” and we cannot guarantee that the Website will:

   • stay the same (as we might change the Website or remove it altogether);

   • be compatible with all or any hardware or software which you may use;

   • be available all the time or at any specific time;

   • be accurate, reliable or up-to-date; or

   • be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.

2. You also acknowledge that we cannot guarantee the performance or security of the Website. In particular, we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to the Website to the fullest extent permissible by law.

6. Your privacy and cookies

The privacy of your personal data is important to us. Please see our Privacy Policy  and Cookie Policy  for details of how we will process your personal data and how we use cookies and similar technologies.

7. Content available through the Website

1. Restriction on use - You must not:

   • use, or cause others to use, any automated system or software to extract content from the Website except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity;

   • use the content for any illegal or unauthorised purpose;

   • use, reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit the content in any way for your commercial gain. 'Commercial gain' may include any activity attracting any advertising revenue or subscription payments on distribution of or access to our content, or by reducing the need for any third party to subscribe to view our content directly; or

   • use content in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of others or in any defamatory, obscene, threatening, abusive or hateful material including without limitation using Website or any content in connection or association with any obscene, defamatory, illegal, pornographic material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography or tobacco or otherwise than in accordance with normal standards of decency.

2. Modification. You acknowledge that we may add, remove or otherwise modify content at any time without notice.

3. Non-reliance. Content made available through the Website is for general information purposes only and is not intended to meet your particular requirements. Commentary and other materials posted through Website are not intended to amount to advice, recommendation or endorsement on which reliance should be placed.

8. Intellectual property in the Website and the Content

1. The design of the Website, the content and all software contained within the Website are protected by copyright, trade marks, patents and other intellectual property rights and laws.

2. Neither the design of the Website nor the content may be copied, recorded, reproduced, transmitted, stored, sold or distributed without our prior written consent except as otherwise permitted in these Terms.

3. Further, you must not:

   • remove the copyright or trade mark notice or other proprietary notice contained in the Website and/or content; or

   • use any content in any manner that may infringe any of our rights or the rights of a third party.

9. Grant of Rights and Licences

1. By recording and sending a message to your MP you agree to our Privacy Policy.

2. You retain your rights to your sent voice message which is content for the purposes of section 9 ("Content").

3. By sending your message grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorises us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for YourSay Ltd to provide, promote, and improve Votebot.uk and to make Content submitted to or through Votebot.uk available to other companies, organisations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services. Such additional uses by YourSay Ltd or other companies, organisations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through Votebot.uk.

   • You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media.

   • You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant YourSay Ltd the license described above.

10. Linking to our website

1. We will permit you to link to the home page of the Website provided you comply with the following:

   • you only do so in a way that is fair and legal and does not take advantage of or damage our reputation;

   • you do not suggest any form of association, approval or endorsement by us unless we have otherwise permitted; and

   • you do not link to any other page of the Website other than the home page.

2. We permit you to link to the public share page of your personal voice message where provided by us. Public share pages will only be generated once messages have cleared moderation.

3. We reserve our right to withdraw our permission to link in section 10.1 and 10.2 at any time without notice.

4. You may not frame or embed any page or part of a page of the Website or the content on any third party website without our prior written consent.

11. If you breach these terms

1. If you do not follow, or we suspect you are not following, these Terms then we may take any/all of the following actions:

   • issue a warning to you;

   • ban you, either temporarily or permanently, from accessing the Website;

   • take legal action against you; and/or

   • disclose such information to law enforcement authorities as we reasonably feel is necessary.

2. The responses described above at section 11.1 are not limited and we may take any other actions we reasonably deem appropriate.

12. Termination

We have the right to terminate your access to the Website at any time, without notice, for any reason, including without limitation, breach of these Terms. We may also at any time, at our sole discretion, discontinue the Website or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website.

13. Warranties, disclaimer and limitation on liability

PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT IMPORTANT INFORMATION CONCERNING OUR LIABILITY TO YOU AND YOUR LIABILITY TO US:

Warranties

1. 1. We will endeavour to provide the Website and publish content with reasonable skill and care and will use reasonable efforts to promptly remedy any fault of which we are aware.

   2. Other than as expressly set out in section 12.1, the Website is provided without any representation or endorsement made and without further warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.  

   3. We do not guarantee the delivery of voice messages recorded via Votebot.uk. We reserve the right to moderate all messages and to decline to deliver messages without notice on any basis whatsoever including, but not limited to, content which infringes the privacy, publicity or personal rights of others or contains defamatory, obscene, threatening, abusive or hateful material or content which does not align with the campaign aims of Votebot.uk

Third Party Content Disclaimer

1. 1. The Website may contain content, the intellectual property rights in which belong to a third party (“Third Party Content”).  We give no warranties, representations or undertakings in respect of any Third Party Content that are made available on the Website.  Further the views and advice contained in any Third Party Content are those of the relevant third party and not us.  Accordingly we do not take any responsibility for any views or advice contained in such Third Party Content.

Our liability to you

1. 1. We will not be liable under these Terms for any loss or damage caused by us or any of our employees or agents in circumstances where:

      1. there has been no breach of a legal duty of care which is owed by us or any of our employees or agents; and/or

      2. the loss or damage is not a reasonably foreseeable result of any breach of these Terms.

   2. You agree you will have no claim against us, in respect of any decision to remove the Website or any decision to suspend or terminate your access to the Website.

   3. In the absence of any negligence or other breach of duty by us, the use by you of the Website is entirely at your risk.

Your liability to us

1. 1. 1. You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these Terms or default in the discharge of your obligations.

      2. Nothing in this section 13 shall have the effect of excluding or limiting our liability or your liability for fraud or for death or personal injury caused by our/your negligence (as applicable).

13. Links to third party websites

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites. We recommend you review those websites’ terms and conditions and privacy policies to ensure you are happy to use them.

15. Severence

If any of these Terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding on and enforceable by both of us.

16. Third party rights

A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.

17. Governing law

1. These Terms and the use of the Website generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.

2. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England.

18. Contact Us

1. If you have any suggestions for improvements or additions that you would like to see on the Website, please:

   • Send an email to us votebotuk@gmail.com.

2. Should you have a more formal enquiry or complaint about the Website (including any content), you should contact our customer services team at votebotuk@gmail.com and we will try to answer your enquiry or resolve any complaint as soon as possible.

Privacy policy

1. Introduction

1.1 We are committed to safeguarding the privacy of our website visitors; in this policy we explain how we will treat your personal information.

1.2 We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website.

1.3 This privacy policy was last updated on 12 October 2019.

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Collecting personal information

3.1 We may collect, store and use the following kinds of personal information:

(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);

(b) information you provide when recording and sending your voice message, including the voice message itself;

(c) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address);

(d) information relating to any purchases you make of our goods and/or services or any other transactions that you enter into through our website (including your name, address, telephone number, email address);

(e) information that you post to our website for publication on the internet (including your user name, your profile pictures and the content of your posts and any peer to peer fundraising pages);

(f) Information relating to any donations you make including your name, address, telephone number, email address, which appeal you are supporting and in the case of direct debits the frequency and date of when direct debits will be taken);

(g) any other personal information that you choose to send to us.

3.2 Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.

4. Using personal information

4.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.

4.2 On the basis of our legitimate interest to run our work, and where we have received your consent to do so, we may use your personal information to:

(a) administer our website and business;

(b) enable your use of the services available on our website;

(c) send you goods purchased through our website;

(d) supply to you services purchased through our website;

(e) send statements, invoices and payment reminders to you, and collect payments from you;

(f) send you non-marketing commercial communications;

(g) send you email notifications that you have specifically requested;

(h) send you email updates, if you have requested it (you can inform us at any time if you no longer require these);

(i) send you communications relating to our work which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require these communications);

(j) deal with enquiries and complaints made by or about you relating to our website

(k) keep our website secure and prevent fraud;

(l) verify compliance with the terms and conditions governing the use of our website; and

(m) Complete the processing of any donation you have made to us;

(n) to conduct aggregate analysis and develop business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of, our operations.

4.3 If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

4.4 Your privacy settings can be used to limit the publication of your information on our website, and can be adjusted using privacy controls on the page where you submitted the information. If at any time you wish to change the permissions you have granted to us you may do so by contacting us directly.

4.5 YourSay Ltd will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing, but the two organisations will share the information between each other.

4.6 delete

5. Disclosing personal information

5.1 We may disclose your personal information to any of our employees, insurers, professional advisers, agents, suppliers (including specifically the provider and host of our website or other subcontractors) insofar as reasonably necessary for the purposes set out in this policy.

5.2 We may disclose your personal information:

(a) to the extent that we are required to do so by law;

(b) in connection with any ongoing or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and

(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

5.4 Except as provided in this policy, we will not provide your personal information to third parties

6. International data transfers

6.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.

6.2 Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America.

6.3 Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

6.4 You expressly agree to the transfers of personal information described in this Section 6.

7. Retaining personal information

7.1 This Section 7 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

7.2 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

7.3 Notwithstanding the other provisions of this Section 7, we will retain documents (including electronic documents) containing personal data:

(a) to the extent that we are required to do so by law;

(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

8. Security of personal information

8.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

8.2 We will store all the personal information you provide on our, and where applicable our supplier’s, secure (password- and firewall-protected) servers. This may include data storage services provided in the Cloud.

8.3 All electronic financial transactions entered into through our website will be protected by encryption technology.

8.4 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

8.5 You are responsible for keeping any such password that may you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website)

9. Amendments

9.1 We may update this policy from time to time by publishing a new version on our website.

9.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

9.3 We may notify you of changes to this policy by email.

10. Your rights

10.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

(a) the payment of a fee (currently fixed at GBP 10); and

(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).

10.2 We may withhold personal information that you request to the extent permitted by law.

10.3 You may instruct us at any time not to process your personal information for marketing purposes.

10.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

11. Third party websites

11.1 Our website may include hyperlinks to, and details of, third party websites.

11.2 This privacy policy only governs our websites and we are not responsible for the privacy policies that govern third party websites even where we have provided links to them. If you use any link on our website we recommend you read the privacy policy of that website before sharing any personal or financial data

11.3 We may operate a number of social media pages (including Facebook, Twitter, You Tube and Instagram]). Although this policy covers how we will use any data collected from those pages it does not cover how the providers of social media websites will use your information. Please ensure you read the privacy policy of the social media website before sharing data and make use of the privacy settings and reporting mechanisms to control how your data is used.

12. Updating information

12.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.

13. Cookies

13.1 Our website uses cookies. You can learn more about how we use cookies on our ‘cookies policy” page

14. Data protection registration

14.1 We are registered as a data controller with the UK Information Commissioner’s Office.

14.2 Our data protection registration number is ZA462182.

15. Our details

15.1 This website is owned and operated by YourSay Ltd.

5.2: YourSay Ltd is registered at Companies House under registration number 11559793, and Our registered office address is: International House, 64 Nile Street, London, N1 7SR.

15.3 You can contact us:

(a) by post, using the postal address given above;

(b) or by email, using votebotuk@gmail.com.

Last Updated Oct 2019.