testmyfeed.com is operated and made available by Gillissa Limited (“Gillissa”).
1. Application of these conditions of use
By accessing or using any part of testmyfeed.com you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use testmyfeed.com.
We may change these conditions at any time without any notice to you. By your continued access and use of testmyfeed.com you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.
2. Copyright and database rights
Except where otherwise noted, Gillissa owns legally and beneficially all the intellectual property rights in the content of all the testmyfeed.com web pages (including the design, text, graphics and arrangement thereof) and in the software used therein. Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed as testmyfeed.com.
“testmyfeed.com”, “Feed Manager” and “Gillissa” are service marks of Gillissa . All other trademarks, product names and company names or logos cited anywhere on testmyfeed.com are the property of their respective owners.
4. Permitted uses
Save as provided below, no materials from testmyfeed.com may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way.
Gillissa takes active measures to ensure that no unauthorised use or breach of its intellectual property rights is committed.
5. No licence
Except as expressly provided, nothing contained in these conditions or anywhere on testmyfeed.com shall be construed as conferring any licence under any of Gillissa’s or any third party’s intellectual property rights.
testmyfeed.com is open to all e-commerce businesses where a suitable data file to test is made available by customers. Files which are incorrectly formatted, corrupted ot in a non acceptable format cannot be processed and as such testmyfeed.com will not be able to provide service.
6.2 Other Exclusions
Gillissa also reserves the right at its own discretion not to accept customers which are unsuitable for Test My Feed™.
6.3 Your permissions
In accepting this contract you agree that Gillissa has your explicit permissions to set up the following Services on your behalf
To test your submitted feed for compliance
To email you with a summary of results
To provide you with a report containing all diagnosed errors and warnings from the feed that you submitted
6.4 Payment conditions
Payment for service from testmyfeed.com are made by valid credit card. Businesses can opt to pay by invoice, subject to the following conditions being met:
Provison of full information regarding business name, address and contact details
Satisfactory passing of credit checks performed by Gillissa Limited
Invoices are raised at the start of the contract period and are payable within 14 days. Testmyfeed accounts will be suspended when account settlements are not paid within the due date, and Gillissa Limited reserves the right to levy late payment charges at a rate of 2% per month until full settlement is made.
6.5 Ending this agreement
You may cancel your service with immediate effect and without penalty by notifying us in writing within 7 days of first receiving these terms and conditions, however you will still be liable for any costs you have incurred in using our service in the meantime.
You may end this agreement immediately by writing to us if:-
we do not do what we have to do under this agreement and fail to put it right within 7 days of being asked in writing to do so
all of the service is permanently no longer available to you
We may end this agreement immediately by writing to you if:-
you do anything (or allow anything to be done) which we reasonably believe may damage or affect the operation of the web site or you become bankrupt or make any arrangement with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets; or
you do not do what you have to do under this agreement (e.g. your failure to pay our charges) and do not put it right within 7 days of being asked by us in writing to do so; or
we are no longer able to provide the Services to you on a permanent basis
The minimum contract term is one month. This is automatically renewed using existing terms on a 30 day rolling basis, unless cancelled by you in writing in the interim
7. Disclaimer of representations and warranties
testmyfeed.com is provided by Gillissa on an “as is” and “as and when available” basis to users. You use testmyfeed.com at your own risk.
Gillissa makes considerable efforts to make information made available via testmyfeed.com as accurate as possible but no warranty or fitness is implied.
Neither Gillissa nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:
that testmyfeed.com will be uninterrupted or error-free
that testmyfeed.com or the computer server from which testmyfeed.com is made available, are free of viruses or other harmful components
to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through testmyfeed.com.
Gillissa makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:
testmyfeed.com, its content, merchandise, services, documents, information, items or materials provided by Gillissa in connection with the use of testmyfeed.com; or
any goods or services or information received through or advertised on testmyfeed.com or received through links provided on testmyfeed.com.
including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.
No oral advice or written information given by Gillissa or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.
In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.
8. Provision of advice
Gillissa is not an agent for and does not vouch for those persons, companies and other organisations whose goods or services may be displayed or referred to in testmyfeed.com, nor for the availability, suitability or prices of such goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organisations.
Gillissa advises users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organisations whose goods or services may be displayed or referred to in testmyfeed.com.
9. Limitation of liability
Neither Gillissa nor its associated content provider organisations seek to limit or exclude liability for death or personal injury arising from their negligence.
Under no circumstances will Gillissa or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of testmyfeed.com be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:
the use and reliance on testmyfeed.com
the inability to use testmyfeed.com
mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to testmyfeed.com including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to Gillissa’s records, programs or services; or
merchandise, products or services received through or advertised on testmyfeed.com and merchandise, products or services received through or advertised on any links provided on testmyfeed.com; or
information or advice received through or advertised on testmyfeed.com and information or advice received through or advertised on any links provided on testmyfeed.com; or
any information, data, text, messages and other materials that you email, post, upload, reproduce, transmit or is otherwise distributed using testmyfeed.com.
Gillissa is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using Gillissa is done at your own risk and Gillissa shall not be responsible or liable for any damages or injury that may result from transmitting such information.
If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and Gillissa with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
11. Jurisdiction and governing law
These conditions shall be governed by and construed in accordance with the laws of England. Gillissa controls testmyfeed.com from within the country of England. It can, however, be accessed from other places around the world. Although these places may have different laws from those of England, by accessing testmyfeed.com you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of testmyfeed.com. You and Gillissa also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of testmyfeed.com accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws.