Wrangler Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISCLAIMER OF WARRANTY AND A LIMITATION OF LIABILITY CLAUSE.

1. What are these Terms of Service?

1.1 These Terms of Service set out the terms on which You access and use the Website and on which Wrangler provides the Website.

1.2 Please review these Terms of Service carefully and make sure that You understand them before using the Website and/or the Services. If You do not agree to these Terms of Service, You must cease use of the Website and the Services immediately.

2. Definitions “Account” means the account created when You register on the Website. and through which You connect any Database; “Database” means a comprehensive collection of related data that You connect to the Website via Your Account for Wrangler to access and process to produce Reports; “Reports” means a report on the data contained in a Database; “Services” means all those services provided through the Website; “Website” means the website found at www.wrangler.io; and “You” means any user of the Website.

3. Acceptance of these Terms of Service

3.1 By accessing and using the Website and/or the Services, You accept and agree to be bound by these Terms of Service.

3.2 Wrangler may at any time modify these Terms of Service. We will notify You of any changes to these Terms of Service either by emailing You (at the email address entered by You into the registration form on the Website) and/or by posting a notice on the Website. By continuing to use the Website after changes to these Terms of Service are made and notified to You, You agree to be bound by such changes.

3.3 You can review the most current version of our Terms of Service at any time by clicking on the " Terms of Service" link located [at the bottom] of the Website. It is Your responsibility to ensure that You are familiar with the current Terms of Service. You are advised to check the above link on a regular basis.

4. Content

4.1 All text, graphics, photographs, trademarks, logos, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Wrangler, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

4.2 Except as expressly provided in these Terms of Service, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Wrangler’s express prior written consent.

5. Your Conduct

5.1 You agree and undertake to keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log into the Website using Your username and password.

5.2 You may use the Website and the Services only for lawful purposes and as permitted by these Terms of Service. By downloading and/or using the Website and the Services, You agree not to:
(a) act in any way that breaches any applicable local, national or international law or regulation or is in any other way unlawful, including uploading any unlawful content to the Website from any Database You connect to the Website;
(b) upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website;
(c) attack the Website via a denial-of-service attack or distribution denial-of-service attack;
(d) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
(e) attempt to gain access to secured portions of the Website to which You do not possess access rights;
(f) impersonate any other person while using the Website;
(g) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
(h) resell or export the software associated with the Website;
(i) use the Website to generate unsolicited advertisements or spam;
(j) use any means to display any page of the Website in a way which obscures some or all of its content;
(k) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website; or
(l) interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms of Service.

5.3 Any breach of the obligations in this paragraph 5 will lead to the automatic and immediate termination of Your access to the Website.

6. Our Rights

6.1 In providing You with access to the Website, Wrangler reserves the following rights, and in accessing, browsing or otherwise using the Website You grant to Wrangler and agree that Wrangler shall have the following rights: (a) the right to refuse or withdraw Your access to the Website in accordance with applicable laws for any reason at any time (with or without notice) if in Wrangler’s sole and absolute discretion You violate or breach any of these Terms of Service; (b) the right to amend or update the Website, billing methods or these Terms of Service from time to time; (c) the right to report You to the police or other judicial body if Wrangler believes in its sole and absolute discretion that Your conduct is or may be unlawful; and (d) the right to remove Your Account from the Website.

7. Payment

7.1 When You register with the Website You will be required to select a payment option to subscribe for the Services which will include a price and minimum term.

7.2 Your Account will automatically renew at the end of the minimum term for periods of 1 month until terminated in accordance with clause 7.4.

7.3 Payment shall be taken [automatically] monthly in advance. Any fees quoted by Wrangler will be exclusive of VAT. You will be provided with a VAT invoice which will be saved to Your [user area or sent to You by email].

7.4 If You wish to terminate Your Account, You must email Wrangler at [email protected] giving no less than 1 calendar month’s notice. Your Account will be terminated on the next renewal date after expiry of the notice period.

8. Privacy

8.1 You provide us with information when You register on the Website and/or use the Services. We may store such information and use it to improve the Services we provide through the Website. Any information that You submit by connecting any Database to the Website or that we collect when You are using the Website is subject to the Wrangler Privacy Policy. You can review the most current version of the Wrangler Privacy Policy at any time by clicking on the "Privacy Policy" link located [at the bottom] of the Website.

8.2 You are responsible for protecting any personal and non-personal information collected by You and contained in any Database You submit to the Website in accordance with the Data Protection Act 1998 (the “Act”).

8.3 Wrangler assumes no liability or responsibility under the Act for the protection of any personal and non-personal information collected by You and contained in any Database You connect to the Website.

8.4 Wrangler continually tries to keep all information secure from unauthorised access by using SSL encryption on sensitive data. However, transmission over the Internet cannot be guaranteed to be 100% secure, so any information You submit is done so at Your own risk.

8.5 Whilst we have implemented commercially reasonable technical and organisational measures to secure Your personal information from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk.

9. Interruptions and Suspension of the Website

9.1 Wrangler does not guarantee the uninterrupted operation and availability of the Website. From time to time, the Website may be unavailable for any number of reasons including without limitation: (a) the performance of scheduled maintenance including on servers and data lines; (b) the performance of emergency unscheduled maintenance and/or repairs including on servers and data lines; (c) a failure by or error in respect of any service provider including without limitation any server or data line; (d) an attack on the security or system integrity of the Website including any denial of service attack; and (e) the introduction or presence of any virus or malicious code in the pages that make up or are accessible from the Website.

9.2 For the avoidance of doubt, without prejudice to the provisions of paragraph 12, Wrangler shall not be liable for and specifically disclaims any liability in respect of any claims, costs, losses or damages suffered as a result of any suspension or interruption to the Website howsoever caused.

10. Electronic Communications

You consent to receiving electronic communications and notices from Wrangler. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.

11. Intellectual Property

11.1 Wrangler and/or its licensor(s) are the sole owners of the Website.

11.2 The Wrangler brand and the Website are protected by UK and International copyright and other intellectual property laws. We permit You to use the Website for non-commercial use only and we grant You a limited license solely for that purpose. Without limitation, this means that You may not sell, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website or as part of the Services for any commercial purpose or for any other reason without Wrangler’s prior express written consent.

11.3 Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. Wrangler reserves the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website.

11.4 Wrangler and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Wrangler. They may not be used without Wrangler’s prior express written permission.

11.5 All other trademarks not owned by Wrangler that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Wrangler .

12. No Warranty & Liability Limit

12.1 Wrangler provides the Website "as is" and without any warranty or condition, whether express, implied or statutory. Wrangler specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under the Sale of Goods Act 1979 (as amended).

12.2 Wrangler assumes no liability or responsibility for any errors or omissions in the Website; any losses or damages arising from the use of the Website and/or the Services; or any harm to Your reputation or losses resulting from any disclosure of information about You by us as permitted in these Terms of Service. We reserve the right to deliver the Website and the Services in our sole and absolute discretion.

12.3 The Reports provided to You by Wrangler are not absolute representations but are merely indicative of the content contained in any Database You have connected to the Website. Wrangler specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of any reliance on any Report provided by Wrangler.

12.4 In no event shall Wrangler, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to You for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, the Services or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage.

12.5 Wrangler does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of Wrangler. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

12.6 From time to time You may use or access Services, promotions and websites of third parties. In using or accessing third party Services, promotions and websites, You agree to be bound by the terms of service of such third parties governing their Services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of Services, accuracy of promotions or content of websites belonging or operated by third parties.

12.7 Wrangler specifically excludes liability for any loss, harm, distress or damage suffered by You or any third party as a result of inaccurate information appearing on the Website.

13. Indemnity

You agree to indemnify and hold Wrangler and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of Your breach of these Terms of Service and/or Your violation of any law or the rights of any third party.

14. Disputes

14.1 You agree that these Terms of Service and any claim, dispute or controversy arising out of or in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), the Website, Wrangler’s advertising or any related transaction between You and Wrangler shall be governed by and construed in accordance with English law.

14.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Termination Wrangler may change or discontinue the availability of the Website or any part thereof at any time without prior notice. Wrangler reserves the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that You violate any of the Terms of Service set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Website.

16. General

16.1 Wrangler may change or discontinue provision of the Services or the Website at any time without prior notice. We reserve the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that You violate any of the terms of Service set forth herein (without prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Services and Website.

16.2 These Terms of Service are agreed between You and us. No person shall have any rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.

16.3 If any provision of these Terms of Service is found by any court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed amended to the minimal extent required to make such provision enforceable and the unenforceability of such provision shall not affect the validity and enforceability of the remaining terms.

16.4 If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.

16.5 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.

16.6 Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.

16.7 These Terms of Service set forth the entire understanding and agreement between You and Wrangler with respect to the subject matter hereof.