Terms and Conditions
OPEN RETAIL LTD Databonds Web Application Service Terms of Use
Who we are and how to contact us Databonds is a web application operated by Open Retail Limited, a company incorporated in the U.K. under company number 13638064 whose registered office is 8 Main Road, East Hagbourne, Didcot, Oxfordshire, England, OX11 9LJ (“we”, “our”, “us”). To contact us, please e-mail info@databonds.co.uk.
Terms of Use
These Terms of Use (together with the Privacy Policy and Cookies Policy referred to in them) tell you the terms on which you may use our website https://databonds.co.uk/ (our “site”) and mobile application (our “app”) whether as a guest or registered user, including accessing and browsing our site and/or app and registering via our website or app to receive updates from us about our products and services (together our “Services”).
Please read these Terms of Use carefully before you start to use our Services, as these will apply to your use of our Services. By using our Services, you confirm that you accept these Terms of Use and agree to comply with them. If you do not agree to these Terms of Use, you must not use our Services. We recommend that you print a copy of these terms for future reference.
Other terms that apply to you
These Terms of Use refer to the following additional terms, which also apply to your use of our Services:
Our Privacy Policy, which sets out how we handle the personal information we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate.
Our Cookies Policy, which explains how we use cookies on our site and app.
Please visit our website https://databonds.co.uk/ for further information about these Policies.
Changes to these Terms of Use
We consider ourselves a progressive company and, therefore, we may amend these Terms of Use from time to time. Changes to the law, technology, services and responses to your feedback may all influence our evolution and, therefore, the relevant changes will be made. Every time you wish to use our Services, please check these Terms of Use to ensure you understand the terms that apply at that time, as they are binding on you. We may update or change the content on our site or app from time to time.
These terms were most recently updated on 5 April 2023.
Age and residency requirements.
Our site is directed to people residing in the United Kingdom (“UK”). You must be 18 or over and resident in the UK to register for our Services. By doing so, you confirm that you are of the required age and a UK resident.
Accessing our Services
We do not guarantee that our Services, or any content on them, are free from errors or omissions, nor do we guarantee that our Services will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Services. To the extent we process any data submitted by you, we will process that data in compliance with the appropriate data protection legislation then in force and our Privacy Policy.
You are also responsible for ensuring that all persons who access our Services, our site or app through your internet connection are aware of these Terms of Use and other applicable terms & conditions and that they comply with them.
Registering for updates on our Services and your Personal Data Account
If you wish to receive updates on our products and services you have to register via our site or app. To do this, you will be asked to provide your name, postal and email addresses and date of birth.
To set up a personal data account (PDA) with Dataswyft Limited (“Dataswyft”) you must agree to Dataswyft’s separate PDA terms and conditions and privacy policy (Dataswyft’s Terms). You can use your PDA to store, manage and share your personal data in a secure way. Once you have registered on our site or app and accepted Dataswyft’s Terms, we will arrange with Dataswyft for your PDA to be created. You are responsible for all activities that take place in your PDA account, whether or not they are carried out by you. You must not disclose any username or password you may create for your PDA account to any third party.
We have the right to withdraw our Services if, at any time, in our reasonable opinion you have failed to comply with these Terms of Use. Dataswyft may take similar action under its terms – please see their terms for details.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Intellectual property rights
We are the owner or licensee of all intellectual property rights in our Services (including without limitation our site, app, design, text, graphics and all software and source codes connected with the site and app), and in the material published on them. Those works are protected by copyright laws, trademarks, patents and treaties around the world. All such rights are reserved.
You must not use any part of the content on our Services for commercial purposes without obtaining a licence to do so from us or our licensors.
You may print off one copy, and may download extracts, of any pages(s) from our Services for your personal use and you may draw the attention of others within your organisation to content posted on our Site or app, but you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our services must always be acknowledged. The use of our content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you print off, copy or download any part of our site or app in breach of these Terms of Use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We reserve the right to take action against you should we feel it necessary to do so.
No reliance on information
Use of our Services is at your own risk. The content on our site and app and in our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis on the information provided by our Services.
Although we make reasonable efforts to update the information on our site and app, and in our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our site, app and in our Services is accurate, complete or up-to-date or will meet your requirements.
We are not responsible for services we link to
Where our Services contain links to other services, websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources. You should take precautions when downloading files from all service providers and websites to protect your computer from viruses and other destructive programs. If you decide to access any external sites, you do so at your own risk.
User-generated content is not approved by us
Our Services may include information and materials uploaded by other users, including any information uploaded by other users in connection with our online community. This information and these materials have not been verified or approved by us. The views expressed by other users do not represent our views or values.
If you wish to complain about content uploaded by other users, please contact us at info@databonds.co.uk.
Content standards and prohibited activities
You may not use our Services to transmit, retrieve or store any communications or other content of a defamatory, discriminatory, harassing or pornographic nature. No messages with derogatory or inflammatory remarks about an individual’s race, age, disability, religion, national origin, ethnicity, nation of citizenship, physical attributes, political affiliation, socio-economic status, or sexual preference may be transmitted. Harassment of any kind is prohibited.
Use of our Services for any illegal or unauthorised activities, including piracy, cracking, extortion, blackmail, copyright infringement and unauthorised access is forbidden.
You may not modify, adapt or hack our site, app or Services or modify another website so as to falsely imply that it is associated with us.
Limitation of our liability
Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services or any content on them, whether express or implied.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use or our Services.
We only provide our Services for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of sales, loss of business, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site, app or within our Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
We do not guarantee that our Service will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our site and are stored or any server, computer or database connected to our site or app. You must not attack our site or app via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
Linking to our Site or App
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site or app in any website that is not owned by you.
Our site or app must not be framed on any other website/service, nor may you create a link to any part of our site or app other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site or app other than that set out above, please contact us.
Applicable law
These Terms of Use, their subject matter and their formation, are governed by English Law. You and we both agree that the courts of England will have jurisdiction.
Our trade marks are registered
All our services and website logos are our registered trademarks. You are not permitted to use them without our approval, unless they are part of material you are using as permitted.
All rights, title and interest in and to the materials provided on or in these Services, including but not limited to information, documents, logos, graphics, sounds and images are owned either by us or by our respective third party authors, developers or vendors. The trade marks, service marks, and logos of Databonds used and displayed in our Services are registered or unregistered trademarks or service marks. Any rights not expressly granted herein are reserved by us.
Comments and suggestions for improvements (“Feedback”) are always welcome. You acknowledge and expressly agree that any contribution of Feedback by you does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback will become the sole and exclusive property, and we may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary rights, or other right or claim. By submitting the Feedback to us, You are assigning any and all right, title and interest to any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property rights that you may have in and to any and all Feedback.
Feedback can be sent to info@databonds.co.uk
Full Prize Draw Terms and Conditions
How do I enter?
1. These terms apply to the monthly prize draws (“Prize Draws”) which will take place each month starting from May 2023 for a minimum of 2 months. Thereafter, the Prize Draws will continue to take place monthly until we notify you by email with at least 30 days' notice of the date on which they will end.
2. The Prize Draws are running on Instagram, Facebook and LinkedIn (the “Platforms”) but are in no way sponsored, endorsed, administered by or associated with these Platforms or any of the supermarkets referenced. By entering, entrants release the Platforms from any responsibility. You understand that you are providing information to the Promoter and not the Platforms and that the Platforms have no liability for any element of these Prize Draws. By submitting your information and creating an account on any of the Platforms, you agree to the relevant Platform's terms of use and privacy notice. All entries via Facebook are subject to Facebook's terms of service at https://m.facebook.com/legal/terms. All entries via Instagram are subject to Instagram's terms of use at https://help.instagram.com/581066165581870/. All entries via LinkedIn are subject to LinkedIn's terms of use which can be found at https://www.linkedin.com/legal/user-agreement.
3. The Prize Draws are free prize draws. You will be automatically entered into each monthly prize draw for which you qualify (see “How to qualify for entry” below), unless you opt out (see “How to opt out” below).
How to qualify for entry
4. No purchase necessary. The Prize Draws are open to all UK residents aged 18 or over, except employees of the Promoter, their families, agents or any third party directly associated with the administration of the Promotion.
5. To qualify for entry into a monthly Prize Draws, by 23:59 on the last working day of the month of that month’s Draw (the “Closing Date”) e.g. for the June draw this would be 30 June 2023 you must: (i) have signed up with your email address to receive updates from Databonds about their services and completed the survey accessible via https://databonds.co.uk/; (ii) have liked and tagged a friend on the post which promotes the Draw on Facebook, Instagram or LinkedIn; and (iii) meet the criteria in condition 4 above (conditions 5(i), (ii) and (iii) together the “Qualifying Criteria”).
6. You won't qualify for entry into a monthly Prize Draw if, on the last working day of the month of that month’s Prize Draw, you are opted out of the Prize Draws (see condition 9 below), unsubscribed from email updates from Databonds, or you don't meet all of the Qualifying Criteria.
7. One entry per person per monthly Prize Draw. Entries which do not meet the Qualifying Criteria or which are received after the Closing Date of the relevant monthly Draw will not be valid.
8. The Promoter accepts no responsibility for entries not successfully completed due to a technical fault, technical malfunction, computer hardware or software failure, network or server failure of any kind.
How to opt out
9. If you don't wish to take part in the Prize Draws you can opt out of all future draws by emailing us at: info@databonds.co.uk
Winners and Prizes
10. Each month the winners (as described in condition 11) below will be chosen by random draw [performed by a computer process OR supervised by an independent person] on the day after the Closing Date for that monthly Draw, where possible, and otherwise within a week of the Closing Date for that monthly Prize Draw. If any Prize Draw can't take place on the specified date for reasons outside our control, we will hold it as soon as we reasonably can afterwards.
11. For the May monthly Prize Draw, 1 winner (the first entry drawn) will receive 1 x£500 supermarket e-voucher. For each subsequent monthly Prize Draw a total of 26 prizes are available as follows: the 1st winner drawn will receive 1 x £500 supermarket e-voucher; the next 5 winners drawn will each receive 1 x £100 supermarket e-voucher; the next 20 winners drawn will each receive 1 x £50 supermarket e-voucher. Voucher terms and conditions will apply.
12. Within 14 days of each monthly Prize Draw, the winner will be notified by email using details provided at entry, and if possible, tagged on the Platforms. If a winner does not respond to the Promoter within 14 days of being notified by the Promoter, then the winner’s prize will be forfeited and the Promoter will be entitled at its discretion to select another winner in accordance with the process described above.
13. The prize will be sent to the winner by info@databonds.co.uk within 14 days of being notified of their win.
14. Prizes are non-exchangeable, non-transferable and no cash alternatives are offered.
15. The Promoter reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond the Promoter's control makes it necessary to do so.
16. The decision of the Promoter regarding any aspect of the Prize Draws is final and binding and no correspondence will be entered into about it.
17. The Promoter must either publish or make available information that indicates that a valid award took place. To comply with this obligation the Promoter will send the surname and county of the winners and, if applicable, copies of their winning entries, to anyone who emails info@databonds.co.uk no later than one month after the date of the final Prize Draw. If you object to any or all of your surname, county and winning entry being published or made available, please contact the Promoter at info@databonds.co.uk. In such circumstances, the Promoter must still provide the information and winning entry to the Advertising Standards Authority on request.
18. Entrants are deemed to have accepted and agreed to be bound by these terms and conditions upon entry. The Promoter reserves the right to refuse entry or refuse to award the prize to anyone in breach of these terms and conditions.
19. The Promoter reserves the right to hold void, cancel, suspend, or amend the Prize Draws where it becomes necessary to do so.
20. Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
21. Personal data supplied during the course of these Prize Draws will be processed to provide updates via email on the Promoter's services (you can unsubscribe using the “unsubscribe” link in these emails at any time), to assist with running the Prize Draws, to conduct analytics to improve the Promoter's promotions, products or services and otherwise in accordance with the Promoter's Privacy Policy https://databonds.co.uk/privacypolicy. The Promoter (or its appointed agents) will not contact you for any other reasons unless you have provided your express consent as set out in the Promoter's Privacy Policy. See also condition 12 with regards to the announcement of the winner.
22. These terms and conditions and these Prize Draws are governed by English law. If any entrants to these Prize Draws wish to take court proceedings, then they must do this within the courts in the United Kingdom. These terms and conditions and these Prize Draws are governed by English law. If any entrants to these Prize Draws wish to take court proceedings, then they must do this within the courts in the United Kingdom.
23. The Promoter of this Promotion is Open Retail t/a “Databonds” of 8 Main Road, East Hagbourne, Didcot, Oxfordshire, England OX11 9LJ.
Last updated on 8 June 2023.