Terms of Service

Terms of Service / September 2021

This agreement applies as between you, the User of this Web Site and Comparesoft Ltd of International House 24 Holborn Viaduct, City of London, London, England, EC1A 2BN (hereinafter “Comparesoft”, “we” or “us”), the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

1. Intellectual Property
1.1. All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Comparesoft, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
1.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Comparesoft.

2. Services
2.1. Comparesoft operates an online platform for business software. Interested business customers can inform themselves on the web sites of Comparesoft, as well as their cooperating partners, and submit project enquiries to Comparesoft and request offers or a consultation.
2.2. Interested parties are all natural or legal persons who submit a project enquiry to Comparesoft or request comparative offers or advice. Natural persons who have not reached the age of 18 or are not fully legally competent are not allowed to use the contact form, the comparison or consulting request. If the interested party makes an enquiry for a legal entity, he/she simultaneously assures his/her right to represent this entity. Upon request of Comparesoft, interested parties have to send us a copy of their identity card.
2.3. Software providers are natural or legal persons with considerable expertise and experience who offer software solutions for companies.
2.4. With the sending of the contact form, the comparison or consulting request or with the other establishment of contact by the interested party to Comparesoft for the purpose of mediating contacts between providers and interested parties, the general terms and conditions are deemed to be bindingly agreed, unless something else is expressly agreed in writing or is mandatory by law. Terms and conditions of the interested party deviating from these general terms and conditions do not apply. Individual agreements between the interested party and Comparesoft which deviate from the general terms and conditions are only valid if they have been agreed upon in writing beforehand.

3. Contract
With the sending of the contact form, the comparison or consulting request or with the other establishment of contact by the interested party to Comparesoft for the purpose of the mediation of contacts between providers and interested parties a contract is concluded between Comparesoft and the interested party. Comparesoft gets the possibility to arrange contacts to software providers for the interested party. After the enquiry has been made, a qualification consultant contacts the interested party by telephone or e-mail in order to specify the enquiry together with him and to recommend suitable providers. The enquiry is then forwarded to the selected providers. The interested party can inform Comparesoft at any time that he does not wish to receive any further offers.

4. Rights and duties
4.1. Comparesoft is entitled but not obliged to mediate contacts between interested parties and software providers. Comparesoft or a qualification consultant can contact the interested party by phone or by e-mail in order to specify the request together with him and to enable the quickest possible preparation of individual offers by the software providers according to the budget and needs of the interested party. Comparesoft is entitled to recommend a number of software providers determined by Comparesoft to the interested party. Comparesoft is entitled to ask the interested party to evaluate the provided services of the software providers and to inform if and with which provider a contract has been concluded.
4.2. The interested party is obliged to enter the required information in the contact form completely and accurately.

5. Limitation of services and warranty
5.1. Comparesoft is not obliged to mediate software providers.
5.2. Comparesoft does not guarantee that suitable software providers can be found for the enquiry of an interested party and that they can be induced to submit corresponding offers. Comparesoft does not guarantee the preparation of offers by software providers in a fixed time or at certain dates.
5.3. Comparesoft is not involved in the contractual relationship between software provider and interested party. Comparesoft is neither representative nor vicarious agent of the software provider or the interested party. Comparesoft neither owes the conclusion of a contract between the interested party and the software provider nor the successful execution of the contract. The warranty of Comparesoft is excluded in this respect. A warranty of Comparesoft for breaches of duty from the contractual relationship between the interested party and the software provider is excluded.

6. Limitation of liability
6.1. The use of the website is at the user’s own risk. Comparesoft does not guarantee for the correctness, actuality and completeness of the contents and data.
6.2. Comparesoft is liable for intent and gross negligence. Furthermore, Comparesoft is liable for the negligent breach of duties, the fulfilment of which enables the proper execution of the contract in the first place, the breach of which endangers the achievement of the purpose of the contract and the compliance with which you as an interested party regularly rely on. In the latter case, however, Comparesoft is only liable for the foreseeable, contract-typical damage. Comparesoft is not liable for the slightly negligent breach of other obligations than those mentioned in the previous sentences.
6.3. As far as the liability of Comparesoft is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
6.4. The above liability exclusions do not apply in case of injury to life, body and health, as well as for a defect after taking over a guarantee and in case of fraudulently concealed defects.
6.5. The accessibility of the online platform is ensured by Comparesoft. However, it cannot guarantee that it is not prevented from doing so in cases of force majeure – e.g. due to defects of servers, overloaded lines etc.. Within the scope of technical possibilities, however, the systems are redundantly secured. Nevertheless, a loss of data cannot be excluded. Comparesoft cannot be held liable for this. According to the current state of the art it is not possible to develop and operate computer programmes (software) completely free of errors and to exclude all imponderables in connection with the medium internet. Therefore, Comparesoft does not guarantee the constant and uninterrupted availability of its website and technical systems. Furthermore, Comparesoft assumes no liability for damages incurred by interested parties, software providers or third parties from the use of Comparesoft, its website and its online platform.

7. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Comparesoft or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8. Privacy
8.1. For the purposes of applicable data protection legislation, Comparesoft will process any personal data you have provided to us in accordance with our Privacy Policy available on the Comparesoft website or on request from Comparesoft.
8.2. You agree that, if you have provided Comparesoft with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Comparesoft and (2) that you have brought to the attention of any such third party the Privacy Policy available on the Comparesoft’s website or otherwise provided a copy of it to the third party. You agree to indemnify Comparesoft in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

9. Disclaimers
9.1. Comparesoft makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, 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 systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
9.2. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

10. Availability of the Web Site
10.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
10.2. Comparesoft accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

11. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

12. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

13. Notices
All notices / communications shall be given to us via our contact form. Such notice will be deemed received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

14. Law and Jurisdiction
These terms and conditions and the relationship between you and Comparesoft shall be governed by and construed in accordance with the Law of England and Wales and Comparesoft and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.