Terms and Conditions

Terms and Conditions Agreement

By using the Services offered through the Website and / or Third Parties found through the Website, you agree to be bound by the Terms and Conditions set below. If you do not agree fully then you may not use or access this Service. By clicking ‘Sign me up’ during the signup process and/or continuing to use any part of the Service, you confirm your acceptance of this Agreement.

This Agreement shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts. Clause headings have been place for convenience only and shall not affect the interpretation of this Agreement in any way.

Contents

Definitions

Website information and accuracy

Website content

Intellectual property

Dealing with other members

Fees and charges

Methods of contact

Use of data

Privacy policy and GDPR compliance

Suspension/Termination of a member account

Cookie Information

Changes to Terms and Conditions

Indemnity

Severance

1. Definitions

Comesto provide an online marketplace to allow our customers, both venues and their suppliers to meet and do trade. We, the team that are trying their very hardest to change the industry for the better, know how important it is for you to run your business to a high standard, with no stress and making the whole sale or purchase, no matter how big or small, an enjoyable one. We are working hard to make this happen and apologise for the boring legal manner this document must be written in.

“Company”, “Comesto”, (“us”, “we”, “our” and “ours”) means Comesto Ltd, including where the context so allows, its shareholders and employees. Comesto is a trading name of Comesto Ltd. (Registered Company Number: 10358726)

“Customer(s)”, “You”, “User” means any person, persons, companies or other organisations using the Services of the Company.

“Purchase” means goods and services supplied by our Supply members on behalf of Venue Customer(s).

“Service(s)” means the services, procedures and information provided and used by the Company for the benefit of Venues and Suppliers. This includes but is not exclusive to, information, products and services provided by telephone, fax or mail, on the Website and by E-mail.

“Suspend(ed)” means the suspension, under our own discretion, of the member’s account with the Company.

“Terms and Conditions” means this User Agreement.

“Third Party” or “Third Parties” means any person, persons, company or companies, websites or any other business or enterprise that is being referred to.

“Claimed” means any profile that has been taken ownership of by a Comesto  member. A profile is marked as claimed once the member has confirmed their e-mail address or contact number, updated any profile information, uploaded any imagery or altered their profile in any way. As soon as a profile is claimed it will be accessible to any other Comesto member, according to the review process set out in these Terms and Conditions. Any member wishing not to claim their account must contact our team before using it.

“Website” means www.comesto.co.uk and all of the pages, content and subdomains contained therein.

2. Website Information and Accuracy:

Comesto make every attempt to ensure that all data within the site is valid, correct and accurate. We pride ourselves in the level of due diligence we implement but cannot guarantee the accuracy of this service. We are not liable for any problems or losses that may arise from errors within the information provided. Customers acknowledge that Comesto is not acting as an agent for any member and is not responsible for any goods and services supplied.

Comesto is not involved in any agreement made between a Supplier or Venue Member. Comesto takes reasonable steps to correct defects to the Website/Services or the services that are made available and to ensure that they are free of viruses or anything else that may be harmful or destructive.

Although We strive to ensure our members are fully documented We cannot guarantee this. We therefore highly recommend that the Venue owner requests proof of any documents they deem necessary before reaching any agreement with a Supplier member.

Comesto is not liable for any losses or problems which may occur during a transaction between a Supplier and a Venue member, or which arise from any information provided within, or outside of, our Website or Services. Comesto reserves the right and ability to suspend, withdraw, discontinue or change all or any part of the Website without notice to you. Comesto will not be liable to you for any reason if the Website is unavailable at any time or for any period.

No terms will affect your statutory rights as a consumer.

3. Website Content:

You agree upon using the Website that you will only use the Services and engage with other Comesto members for lawful purposes. All members are solely responsible for the data, information and advice provided both within the Website and outside of the Services of Comesto.

You understand that We are not responsible for any content provided by members by any means. Links to Third Party services and / or products may be available within the Website or through links to external websites. We are not liable for the accuracy, completeness or authenticity of the information or services offered by Third Parties.

Comesto aims to produce high quality content for both Supplier and Venue members; We have the right to refuse and / or remove at our own discretion any comments, posts, images, links and videos that are made available on the site if we believe it does not add any value to other members and the general public.

4. Intellectual Property:

The website and its contents (including and without limitation to the Website design, text, graphics and all software) is protected by copyright, trademarks and other Intellectual property rights. By using our site you agree you will make use of it’s contents for the sole purpose of your personal, non-commercial use.

Content contained on the Website may not be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Comesto. Downloading, copying and/or printing of pages of the Website for personal, non-commercial use only or for use by

Comesto members for the purpose of promoting their business is permitted. Comesto makes it clear that when you upload any content (including text or imagery of any kind) to the website, you assign the right of use to such content to Comesto. You agree to allow Comesto to use the name you submit in connection with the content you upload.

5. Dealing With Other Comesto Members:

When You enter into contract or interactions with members found on Comesto, including payment terms, delivery of goods / services and / or any other terms, conditions, warranties or representations associated with these dealings, You agree upon use of our Services that these dealings are between you and the Comesto member.

By using our Service You agree that Comesto is under no obligation to become involved with any dealings between You, the Customer, and members or any other Third Parties that may be made accessible through the Website. In the event of any dispute with one or more of the members or Third Parties You release Comesto, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected disclosed and undisclosed, arising out of or in any way related to such disputed and / or our Services.

6. Fees and Charges:

Comesto trades by charging subscription fees for all Supplier members, All Comesto members are charged a set stated fee or range of charges for ‘Partner Services’ where appropriate.

Comesto reserves the right to enter into individual arrangements between customers on both Supply and Venue sides. Comesto is a B2B supply and demand environment and all contracts are negotiated and agreed for the benefit of all club members.

7. Methods of Contact:

By becoming a member / user of Comesto you allow us to store your contact details in line with GDPR compliance. Your consent to be contacted by Comesto via e-mail, phone call or text message is implied by your membership with the caveat of Comesto supplying the opportunity to opt out in all marketing communications.

8. Use of Data:

By being a member / user of Comesto you are part of a closed members only B2B trading hub. In order to give all members a better, more informed service we collect data to analyse buying and selling trends to provide all members with a better service, collection of this is part of your contract. We also regularly collect purchasing and selling information from members to highlight need and to better understand how to provide a better service.

We do this on an open one to one basis and we always require your signed permission to use these commercially to better inform our supplier base. Our privacy policy and GDPR compliance in respect of use of data is detailed below.

9. Privacy Policy and GDPR Compliance:

Comesto aims to be 100% GDPR compliant. Our data storage and management follows GDPR/ICO guidelines in an approved safe environment and your information is never sold on to third party organisations.

Signed up members are by definition opted in, however the following information regarding sales and marketing messages should be noted. In seeking to sign up new members, Comesto follows the GDPR rulings by providing an opt out facility in any electronic or posted Marketing communication. Any telesales person representing Comesto will act upon a request of no more contact and that companies details will be removed from our database.

For signed up Comesto members, a key part of the service is the delivery of purchasing opportunities and membership assumes the members willingness to receive such communications unless specifically stated. For buyer members specifically, there are two forms of marketing communication they may receive from within the Comesto environment. 1/ Messages directly from Comesto, detailing news, opportunities and general membership information and benefits. 2/ Direct messages from ‘followed’ suppliers. A followed supplier is a supplier that a buyer has decided to follow by clicking on the appropriate button on the suppliers business profile. This indicates a willingness to receive beneficial opportunities as an interested buyer. Any abuse of this system should be reported directly to info@comesto.co.uk and we will act accordingly and report back the findings and actions to the complainant within a reasonable length of time

10. Suspended / Termination of Member Accounts:

Comesto reserves the right to Suspend or terminate any member profile at our own discretion. A member profile may be placed under review at the discretion of Comesto during which time the profile may be removed from the Website and blocked from using any Service.

A member whose account is under review or has been terminated may not sign up under a different E-Mail, Company Name or Trading Name. We reserve the right to terminate any associated accounts that we believe are related to a previously terminated member without notice to you.

An account that has been terminated will not be removed from the website, but all contact details for that profile will be removed along with any content within the profile (documents, images, qualifications) and this will be replaced with the following text: “This account has been terminated by the team at Comesto.

11. Cookies Information:

Cookies are small bits of text used by a browser to store information on our computer hard drive. Each cookie can, and will, only be read by the web server that originally issued it.
Cookies cannot profile your system or collect information from your hard drive. Most online retailers use cookies.

We use cookies to determine and display whether you are a prior customer and therefore avoid the need to re-enter certain information every time you shop on our website. We will not use cookies to store credit card numbers, address information or any other personal information.

12. Changes of Terms and Conditions:

Comesto reserve the right to change / update the Terms and Conditions of the site. As a User of the website it is your responsibility to check for any updates to ensure you agree with the Terms and Conditions before use of the website.

13. Indemnity:

You agree to indemnify Comesto, its employees and agents from any breach of these Terms and Conditions by you and any claim or demand brought against Comesto by any third party as a result of your use or interaction with the Services, or any content you submit through the Services.

This includes, but is not limited to, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Comesto as a result of your breach of these Terms and Conditions.

14. Severance:

If at any point any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction within England then such Term or Condition shall be severed and the remaining Terms and Conditions shall remain in full force and effect and continue to be binding and enforceable.

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