1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account” Means an account required to access and use Seehoo, as detailed in Clause 4;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Seehoo;
“User” means a user of Seehoo;
“User Content” means customer data, marketing data, events, voucher campaigns and shops, labels, tags and workflow tasks created and/or uploaded by Users in or to Seehoo; and
“We/Us/Our” means 3wbs Ltd, a limited company registered in England under company number 4360497, whose registered address is The Hub, Fowler Avenue, Farnborough. GU14 7JF
2. Information About Us
2.1 Seehoo is owned and operated by 3wbs Ltd a limited company registered in England under company number 4360497, whose registered address is The Hub, Fowler Avenue, Farnborough. GU14 7JFOur VAT number is 862 0995 03.
2.2 We are a registered member of the Information Commissioner's Office. Registered number Z9892244
3. Access to Seehoo
3.1 Access to Seehoo is free of charge for the free tier.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Seehoo.
3.3 We may from time to time make changes to Seehoo:
3.3.1 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We will inform you by updating our website and emailing you of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Seehoo;
3.3.2 Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by updating our website and emailing you of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Seehoo; and
3.3.3 As detailed at www.seehoo.co.uk, We will continue to develop and improve Seehoo over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.
3.4 We will always aim to ensure that Seehoo is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.3. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Seehoo.
4.1 An Account is required to use Seehoo.
4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We require you to choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act, as set out in Clause 16.
4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing Your account will also remove any User Content that you have created from Our system. To avoid losing you customer data that you have collated using Seehoo, please ensure that you export and save you data before you close your account.
5. Our Intellectual Property Rights and Licence
5.1 We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Seehoo to collect, analyse and drive marketing business purposes, subject to these Terms and Conditions.
5.2 Subject to the licence granted to Us under sub-Clause 8.3, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such content).
5.3 All other Content included in Seehoo (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.4 By accepting these Terms and Conditions, you hereby undertake:
5.4.1 Not to copy, download or otherwise attempt to acquire any part of Seehoo;
5.4.2 Not to disassemble, decompile or otherwise reverse engineer Seehoo;
5.4.3 Not to allow or facilitate any use of Seehoo that would constitute a breach of these Terms and Conditions; and
5.4.4 Not to embed or otherwise distribute Seehoo on any website, ftp server or similar.
6. Links to Seehoo
6.1 You may link to Seehoo provided that:
6.1.1 You do so in a fair and legal manner;
6.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
6.1.3 You do not use any of Our logos or trademarks (or any others displayed on Seehoo) without Our express written permission; and
6.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
6.2 You may not link to any page other than the homepage of Seehoo www.seehoo.co.uk unless using the sharing features of Seehoo. Deep-linking to other parts of Seehoo requires Our express written permission.
6.3 You may not link to Seehoo from any other website the content of which contains material that:
6.3.1 Is sexually explicit;
6.3.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
6.3.3 Promotes violence;
6.3.4 Promotes or assists in any form of unlawful activity;
6.3.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
6.3.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6.3.7 Is calculated or is otherwise likely to deceive another person;
6.3.8 Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
6.3.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.2 OR 6.3;
6.3.10 Implies any form of affiliation with Us where none exists;
6.3.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or
6.3.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7. Links to Other Content
We may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under Our control. We neither assume or accept responsibility or liability for such third party content. The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.
8. User Content
8.1 You agree that you will be solely responsible for any and all User Content that you create or upload using Seehoo. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 10.
8.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 8.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
8.3 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. By creating or uploading User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating [and promoting] Seehoo.
8.4 If you wish to close your account and remove your User Content, you may do so by exporting it. Closing your account and removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 8.3. You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
8.5 We may reject, reclassify, or remove any User Content created or uploaded using Seehoo where that User Content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
9. Intellectual Property Rights and User Content
9.1 All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
9.2 Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.
9.3 We take technical measures to limit and/or restrict the ability of Users to unlawfully copy User Content created using Seehoo. Only Certain user levels have access to sensitive User Content and functions to export it. Despite such measures, We do not make any representation or warranty that your User Content will not be unlawfully copied without your permission.
10. Acceptable Usage Policy
10.1 You may only use Seehoo in a manner that is lawful and that complies with the provisions of this Clause 10. Specifically:
10.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
10.1.2 You must not use Seehoo in any way, or for any purpose, that is unlawful or fraudulent;
10.1.3 You must not use Seehoo to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
10.1.4 You must not use Seehoo in any way, or for any purpose, that is intended to harm any person or persons in any way.
10.2 The following types of User Content are not permitted on Seehoo and you must not create, submit, communicate or otherwise do anything that:
10.2.1 is sexually explicit;
10.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
10.2.3 promotes violence;
10.2.4 promotes or assists in any form of unlawful activity;
10.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
10.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
10.2.7 is calculated or otherwise likely to deceive;
10.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
10.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 10.2);
10.2.10 implies any form of affiliation with Us where none exists;
10.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
10.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
10.3 We reserve the right to suspend or terminate your Account and/or your access to Seehoo if you materially breach the provisions of this Clause 10 or any of the other provisions of these terms and conditions. Specifically, We may take one or more of the following actions:
10.3.1 Suspend, whether temporarily or permanently, your Account and/or your right to access Seehoo;
10.3.2 Remove any of your User Content which violates this Acceptable Usage Policy;
10.3.3 Issue you with a written warning;
10.3.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
10.3.5 Take further legal action against you as appropriate;
10.3.6 Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
10.3.7 Any other actions which We deem reasonably appropriate (and lawful).
10.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.
11.1 We may feature advertising within Seehoo and We reserve the right to display advertising on the same page as any User Content.
11.2 You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
11.3 We are not responsible for the content of any advertising in Seehoo. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising in Seehoo including, but not limited to, any errors, inaccuracies, or omissions.
12.1 No part of Seehoo or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to marketing analytics and customer data.
12.2 Subject to any legal rights you may have as a consumer, insofar as is permitted by law, We make no representation, warranty, or guarantee that Seehoo will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
12.3 We make reasonable efforts to ensure that the Content contained within Seehoo is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Seehoo (and the Content therein) is complete, accurate or up-to-date.
12.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created using Seehoo. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.
13. Our Liability
13.1 To the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Seehoo or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Seehoo.
13.2 To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.
13.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Seehoo or any Content (including User Content) included in Seehoo.
13.4 If you are a business, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage
13.5 We exercise all reasonable skill and care to ensure that Seehoo is free from viruses and other malware. Subject to sub-Clause 12.4, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Seehoo (including the downloading of any Content (including User Content) from it) or from any other website We may provide a link to.
13.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Seehoo resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
13.7 Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
14. Viruses, Malware and Security
14.1 We exercise all reasonable skill and care to ensure that Seehoo is secure and free from viruses and other malware. We do not, however, guarantee that Seehoo is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 13.6.
14.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
14.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Seehoo.
14.4 You must not attempt to gain unauthorised access to any part of Seehoo, the server on which Seehoo is stored, or any other server, computer, or database connected to Seehoo.
14.5 You must not attack Seehoo by means of a denial of service attack, a distributed denial of service attack, or by any other means.
14.6 By breaching the provisions of sub-Clauses 14.3 to 14.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Seehoo will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.
15. Privacy and Cookies
16. Data Protection
17. Communications from Us
17.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Seehoo, and changes to your Account.
17.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, unless you use the unsubscribe link at the bottom of one of the emails, it may take up to 7 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
17.3 For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at email@example.com or via https://seehoo.wisetiger.co.uk/contact.
18. Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
18.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
18.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
19. Changes to these Terms and Conditions
19.1 We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Seehoo after the changes have been implemented. You are therefore advised to check this page from time to time.
19.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
20. Contacting Us
To contact Us, please email Us at firstname.lastname@example.org or by using any of the methods provided on Our contact page at https://seehoo.wisetiger.co.uk/contact.
21. Law and Jurisdiction
21.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
21.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 21.1 above takes away or reduces your rights as a consumer to rely on those provisions.
21.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
21.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.