This Agreement (together with the documents referred to in it) sets out the terms and conditions of your use of the Mysteryshopmybusiness website located at www.mysteryshopmybusiness.com ("The Website"). This Agreement governs the purchase of Mystery Shopping services marketing templates and other services we may offer from time to time from the Website.
Please review our Privacy Policy which also governs your visit to the Website.
Agreement
The use of the Website constitutes your acceptance, without modification, to the terms, conditions and disclaimers contained in this Agreement. If you do not accept these Terms and Conditions you should not use any of the services contained herein and you should leave the Website immediately.
1. Information about Us.
www.mysteryshopmybusiness.com is a site operated by IMS Field Marketing Limited (We/Us/Our). We are registered in
2. Service Availability - Mystery Shopping
The Website is only intended for the provision of mystery shopping services in the
3. Your Status
By placing an order through our site, you warrant that: -
a) You are legally capable of entering binding contracts; and
b) You are at least 18 years old.
4. Your Account
4.1 If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4.2 Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
4.3 We reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion.
5. Access to the Website
We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
6. Licence for website access
6.1 We grant you a limited licence to access and make personal use of the Website, but not to download or modify it, or any portion of it, except with our express written consent. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
6.2 This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent.
7. Visitor Material and Conduct
7.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligation with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all date, images, sounds, text and other things embodies therein for any and all commercial or not commercial purposes.
7.2 You are prohibited from posting or transmitting to or from the Website any material:
a) That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
b) For which you have not obtained all necessary licences and/or approvals; or
c) Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
d) Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 7.2 and clause 7.3.
8. Links to and from other websites
8.1 Links to third party websites on the Website are provided solely for you convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representation about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
8.2 If you would like to link to the Website, you may only do so with our prior written consent and subject to the following conditions:
you do not remove, distort or otherwise alter the size or appearance of either the IMS Field Marketing Limited and/or the mysteryshopmybusiness.com logo;
a) You do not create a frame or any other browser or border environment around the Website
b) You do not in any way imply that we endorse any products or services other than our own.
c) You do not misrepresent your relationship with us nor present any other false information about the Company;
d) You do not otherwise use any IMS Field Marketing Limited and/or mysteryshopmybusiness.com trade marks displayed on the Website without express written permission from us;
e) You do not link from a Website that is not owned by you; and
f) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
8.3 We expressly reserve the right to revoke the right granted in clause 8.2 and take any action we deem appropriate.
8.4 You shall fully indemnify us for any loss or damage suffered by us for breach of clause 8.2
9. How the Contract is formed between You and Us
9.1 In respect of the Marketing Templates: -
a) After you pay for a Marketing Template from our website and the payment has cleared, a legal binding contract shall be formed and we shall be contractually bound to provide you with the document ordered within a reasonable time.
9.2 In respect of the Mystery Shoppers: -
a) After you place your order you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Mystery Shopping services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Mystery Shopping service has been accepted (the Order Acceptance). The contract between us will only be formed when we send you the Order Acceptance.
b) The Contract formed in respect of 9.1 will relate only to those Mystery Shopping Services whose booking we have confirmed in the Order Acceptance. We will not be obliged to supply any other mystery shopping services which may have been part of your order until the booking of such mystery shopping services have been confirmed in a separate Order Acceptance.
10. The Marketing Templates
10.1 The use of the Website does not constitute legal advice. The templates are standard styles only and require to be personalised to suit your own specific circumstances.
10.2 Due to the digital nature of the marketing templates, no automatic right of refund or cancellation exists after a document has been purchased by you in accordance with Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000.
10.3 Copyright in the templates belongs to us unless specifically stated otherwise. You may not provide any template for re-sale or re-publish or re-distribute any document for free use by others.
10.4 You may use the templates as many times as you wish subject to these terms and conditions.
11. Provision of Mystery Shopping Services
11.1 We shall use all reasonable endeavours to provide the mystery shopping services.
11.2 Upon placement of your order for mystery shopping services we shall provide you with an Order Acknowledgement which shall include an estimated date on which the mystery shopper shall visit your required locations. Any dates are approximate only and time shall not be of the essence. If the mystery shopper does not attend on the estimated date then we shall not be responsible for any losses you suffer.
11.3 Where specifically agreed, you, the customer shall reimburse us for any expenses incurred by us in the performance of the mystery shopping services.
11.4 The feedback reports and summaries of the mystery shopping services are and shall remain the intellectual property of IMS Field Marketing Ltd.
12. Consumer Rights
12.1 If you book a mystery shopper as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Order Acknowledgement. In that case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 14 below).
12.2 To cancel a booking you must inform us in writing.
13. Price and Payment
13.1 The price of the Marketing Templates and Mystery Shoppers will be as quoted on the Website from time to time, except in cases of obvious error.
13.2 These prices are exclusive of VAT.
13.3 Prices are liable to change at any time, but in respect of mystery shopping services any change will not affect orders where you have already paid and we sent you an Order Acceptance.
13.4 Payment for all Products must be by credit or debit card. We accept payment with Mastercard, Maestro, Solo, Visa and Visa Electron.
14. Our Refunds Policy
14.1 If you cancel any Mystery Shopping services for any reason, we will, at our ultimate discretion notify you of any refund due via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund.
14.2 In the event that we do agree to provide a refund to you, we may retain 10% of the monies refunded to cover our administration charges.
14.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase
15. Limitation of Liability
Our maximum liability in connection with this Agreement shall be limited to, in our absolute discretion either the refunding (which does not include any Expenses) to the customer of any sums paid in relation to the provision of both the mystery shopping services and/or the marketing templates or a re-performance of the services initially purchased by the customer.
16. Events outside our Control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a) Strikes, lock-outs or other industrial action
b) Civil commotion, riot, invasion, terrorist attack, war (whether declared or not) or threat or preparation for war.
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d) Impossibility of the use of railways, shipping, aircraft, motor, transport or other means of public or private transport.
e) Impossibility of the use of public or private telecommunications networks.
f) The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17. Waiver
17.1 if we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
18. Severability
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire Agreement
19.1 These Terms and Conditions and any document expressly referred to them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms and Conditions .
20. Our Right to Vary these Terms and Conditions
20.1 We have the right to revise and amend these terms and conditions from time to time.
20.2 you will be subject to the policies and terms and conditions in force at the time that you order Products or Services from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Order Acceptance (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt of you of the Products).
21. Law and Jurisdiction
21.1 Contracts for the purchase of Products or Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdictions of the courts of England and Wales.
