These terms and conditions explain your rights and obligations when using the Which? Shopping website and are effective from 1 November 2007.
General terms and conditions
Introduction
Welcome to the terms and conditions for Which? Shopping. These terms and conditions explain your rights and obligations and
form the agreement between you and Which? for the use of the Which? Shopping website. Please read them carefully as your continued
use of the Which? Shopping website indicates that you accept these terms and conditions as amended by us from time to time. Please
contact us with any enquiries, comments, or complaints at shopping@which.co.uk
You also agree to comply with any guidelines or rules posted on the Which? Shopping website regarding any products. All such guidelines and rules posted are hereby incorporated by reference into these terms and conditions. If you do not agree to these terms and conditions, please do not use the Which? Shopping website.
is operated by Which? Limited. Which? Limited is a limited
company registered in England, company registration number 00677665 (VAT registration no. GB238534158), whose registered
address is 2 Marylebone Road, London, NW1 4DF. The terms "Which?", "we", "us", or
"our", refer to the operator of the website you're in.
Price comparison data on the Which? Shopping website is supplied by PriceRunner Limited (‘PriceRunner’). PriceRunner is a limited company registered in England, company registration number 04046810, whose registered address is St James House, 13 Kensington Square, London W8 5HD.
Complete agreement and privacy
The Which? privacy policy forms part of these terms and conditions, and together they contain all of the terms relating to the use of the Which? Shopping website.
Variation of terms and conditions
We reserve the right to change these terms and conditions from time to time and the amended terms will be posted on the Which? Shopping website. Any amendments to these terms and conditions will be effective immediately.
Relationship with retailers
Retailers listed on the Which? Shopping website are independent third parties and Which? is not acting as a principal, agent or broker with respect to them. Your relationship with any retailer you contact through the Which? Shopping website is solely between you and the retailer. You agree not to hold Which? liable for any loss or damage of any sort incurred as the result of any business conducted with retailers contacted through the Which? Shopping website or as the result of the content provided by such retailers through the Which? Shopping website.
If you want to report an error or have any questions please contact us
Formation of contract between you and retailers
Where you purchase a product from a retailer whose website is linked to the Which? Shopping website, the contract governing any purchase you make from that retailer will be between you and that retailer only. Which? will not be a party to that contract.
We make no warranties of any kind, whether express or implied in relation to any goods purchased from a retailer contacted using the Which? Shopping website, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and/or title. We also make no warranty that any goods will be delivered within 30 days of receipt by you of a dispatch confirmation from the retailer.
The retailer’s individual liability for a product purchased by you from their website will be subject to that retailer’s own terms and conditions set out on their own website and you should carefully review those terms and conditions before placing an order.
Purchasing and ordering
By accessing the Which? Shopping website, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years of age.
Electronic communication and notices
When using the Which? Shopping website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
Notices to us may be sent by normal post or by e-mail. Postal notices should be sent to: Which? Limited, 2 Marylebone Road, London NW1 4DF. Email notices should be sent to: Customer Services at shopping@which.co.uk.
Accuracy of Information
Product specifications and other information have either been made accessible by suppliers, manufacturers, retailers, publications, publicists; or been gathered from public-domain sources. Our intention is that all information on the Which? Shopping website should be as accurate and up-to-date as possible. However, we cannot guarantee the reliability or the accuracy of the information contained within the pages of the Which? Shopping website. We urge you to conduct your own research prior to purchasing from any of the retailers listed on the Which? Shopping website to ensure the accuracy of the prices. All the actions taken by you on the Which? Shopping website are your responsibility and we cannot make any guarantees that any information is correct or be held liable for any actions taken based on the product and pricing information provided.
Payment
There is no charge payable to us for use of the Which? Shopping website during the continuance of these Terms and Conditions. We shall not have any responsibility for transmission of funds due to any third party retailer or provider from whom you may elect to make a purchase or with whom to deal. You shall be responsible for transmitting all payments due subject to the terms and conditions agreed with any third party provider or retailer.
Adding content
If we or PriceRunner enable you to add content to the Which? Shopping website in the form of reviews, content or other features, PriceRunner shall be entitled, at its absolute discretion, to publish, edit, refuse, or delete content provided to it. We and/or PriceRunner will not permit the publishing of content that may be illegal under any applicable law.
Access to the Which? Shopping website
Access to the Which? Shopping website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on this website without notice to you (see further below). We will not be liable to you if for any reason the Which? Shopping website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Which? Shopping website, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to be responsible for any and all activities that occur under your password or your account and to notify us immediately of authorised use of your account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
You are responsible for making all arrangements necessary for you to have access to the Which? Shopping website. You are also responsible for ensuring that all persons who access this site through your internet connection are aware of these terms, and that they comply with them.
We will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these terms and conditions.
Changes
We reserve the right to change, suspend, or discontinue, at our sole discretion, all or any aspects of the content, design, or services provided or any other aspect of the Which? Shopping website at any time without prior notice to you.
Your use of the Which? Shopping website – Do’s & don’ts
You agree to use the Which? Shopping website only for lawful purposes. You may only use the Which? Shopping website as a general guide to make price comparisons for your own private use and you shall not use this website for any other purposes. You may download, display and print one copy of the material presented on the Which? Shopping website for your personal, non-commercial use only.
Except as expressly provided, nothing within the Which? Shopping website shall be construed as conferring any licence of our or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. You acknowledge and agree that all content available through and used to operate the Which? Shopping website and its services is protected by copyright, trademark, patent, or other proprietary rights belonging to us and our affiliates or to our licensors or service providers including but not limited to PriceRunner.
You agree that your data, content, and any information provided or used on the Which? Shopping website, as well as your use of the website, products and services will not:
modify, alter, or deface any of the trademarks, service marks, trade dress (collectively "Trademarks") or other intellectual property made available by us in connection with the Which? Shopping website or otherwise infringe or facilitate infringement of any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights (collectively "Rights") of any party, including the Rights of third parties;
hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers including but not limited to PriceRunner;
use any of the Trademarks or other content accessible through the Which? Shopping website for any purpose other than the purpose for which we have made it available to you;
defame us or our Trademarks or trademarks belonging to PriceRunner, or any aspect of the Which? Shopping website;
post or transmit any content that is unlawful, threatening, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
adapt, translate, modify, decompile, disassemble, or reverse engineer the Which? Shopping website or any software or programs used in connection with it;
contain or promote any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Which? Shopping website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct;
access or attempt to access the non-public areas of the Which? Shopping website or any other user's password-protected information;
impersonate any person or entity or otherwise falsely state or misrepresent your affiliation with a person or entity; and/or
restrict or inhibit any other user from using or enjoying the Which? Shopping website (or any linked website).
Framing and linking
The use of content from the Which? Shopping website on any other website or networked computers for any purpose is strictly prohibited. Links to the Which? Shopping website without our express written permission are also strictly prohibited.
The framing, mirroring, scraping or data mining of the Which? Shopping website or any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the site (or any linked site) is strictly prohibited.
Monitoring Site Usage
We may electronically monitor areas of the Which? Shopping website and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the website; or (iii) to protect our rights or property or the rights of the users, providers, licensors, or retailers.
Materials on this site and software rights
All copyrights, trademarks, patents, design rights, and other intellectual property rights relating to this website (including, but not limited to, the underlying software, the design, graphics, layout, feel, and structure of this websites) will be and remain the sole property of us and our licensors.
You may view, use, download, and temporarily store the material on the Which? Shopping website for personal use only. Commercial use is not permitted. Redistributing, republishing, copying, adapting or otherwise making material on this website available to third parties is prohibited.
Unauthorised use of our subscription website (Which? online) may give rise to a claim for damages and/or be a criminal offence.
The information on the Which? Shopping website is given in good faith and for general information and interest only. It is subject to change without notice. We make every effort to ensure that the information on our websites is correct but we cannot guarantee that it is 100% free of inaccuracies, errors and omissions.
Copyright and Trade Marks
All of the content provided by us on the Which? Shopping website is protected by English and International copyright laws and that copyright is owned, controlled or licensed by us. Unless otherwise stated, we reserve all rights in that copyright. This means, for example, that you may not copy, issue copies to the public, perform, show, broadcast or make any adaptation of any of that content without our permission.
Much of the content to which you will have access on the Internet is protected by copyright laws and by other laws relating, for example, to trade marks. These laws are designed to protect the suppliers of that content and you should be aware that you may breach those rights if you use that content in a way which contravenes any restrictions imposed by those suppliers. You take full responsibility if you breach those rights.
By submitting content to the Which? Shopping website, you hereby grant us and/or PriceRunner a perpetual, irrevocable, royalty-free, world-wide, non-exclusive license for the duration of copyright to use your content, or any part of your content, in any way that Which? and/or PriceRunner decides on the Which? Shopping and/or PriceRunner websites, any other website or through any other medium and to permit others to do the same. You are also deemed to have waived any moral rights which you may have had in that content and to have warranted to us that you are the owner of any copyright or similar rights in that content, and that any moral rights in that content belonging to another person have been waived.
The trademarks, logos and service marks displayed on this site are registered and/or common law trademarks of Which?, PriceRunner, its affiliates, and various third parties. No information on this site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks without the written permission of Which? or such other party that may own the trademarks. Which? does not claim to own any of the third party or retailers, suppliers or manufacturer brands or trademarks featured on its site.
Under no circumstances will any disclosure of any idea or related materials to us or to PriceRunner be subject to any obligation of confidentiality or expectation of compensation.
Our liability
Users of the Which? Shopping website are responsible for any decisions they take based on information provided on the site. We do not accept liability (as far as permitted) for any loss arising from using or relying on information or links included in these sites.
Arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility.
You agree to indemnify and hold both us and/or PriceRunner harmless from any liability, loss, claim, and expense (including reasonable legal fees) related to any breach by you of these terms and conditions or arising from your use of the Which? Shopping website.
Except as set out in clause 16.5, we and/or PriceRunner shall not be liable to you in connection with this Agreement for losses that are not a reasonably foreseeable consequence of our actions. We and/or PriceRunner shall not be liable for any loss of profits, loss of contracts, loss or corruption of data, or other economic loss arising in connection with this Agreement.
These terms and conditions do not exclude our liability or PriceRunner’s liability (if any in each case) to you for fraud or for personal injury or death resulting from our or PriceRunner’s negligence, or for any matter which it would be unlawful for us or PriceRunner to attempt to exclude or limit. This does not affect your statutory rights.
Except as set out in clauses 16.5, our liability to you is limited to £10,000 for any event or related series of events and £20,000 for all events in any period of 12 months.
Our websites may contain links to other sites, which are outside our control and are not covered by these terms and conditions.
If you access other sites using the links provided, we cannot be responsible for the content of those sites or for the way in which they deal with you or use any information they may acquire about you including personal data.
Which? tries to meet AAA standards of website accessibility, but cannot guarantee that this website will be compatible with all hardware and software that may be used by visitors to the site.
As we rely on you to provide us with up to date and accurate contact details, we shall not be liable to you for any loss or claim arising from your failure to provide us with accurate and/or up to date contact details.
Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk.
You will be solely responsible for any damage to your computer system or for any loss of data that results from the download of any such material.
Your liability
You shall compensate us and/or PriceRunner in full if we incur any losses or if any claims or legal proceedings are brought or threatened against us by any other person arising from your use or misuse of the Which? Shopping website. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter or dispute arising from your use or misuse of the Which? Shopping website and you agree to co-operate with the defence of such dispute claim by us.
Matters beyond our reasonable control
We and/or PriceRunner will not be liable for any breach of these terms and conditions if such a breach is caused by a matter beyond its reasonable control, including acts of God, internet failures, computer equipment failures, telecommunication equipment or other equipment failures, electrical power failures, fire, lightning, explosion, war, flood, industrial disputes, sabotage, extremely severe weather, or acts of local or central Government or other competent authorities.
Jurisdiction
The construction, validity and performance of this Agreement and any dispute or collateral matter relating to its subject matter will be governed by and construed in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
Links
This website contains links to other websites that are provided solely for your convenience. A link from this website does not constitute an endorsement by us of the use of that link, the company or organisation behind that link or the contents of the website reached using that link. We make no representation or warranty regarding any other websites or the contents or materials on such websites.
Performance
References to any of our or PriceRunner’s products or service does not constitute an offer to sell or supply that product or service, nor does it mean that the product or service is available in all jurisdictions.
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 term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Waiver
No failure or delay by us and/or PriceRunner in exercising any right under this Agreement shall operate as a waiver of this right. Similarly, any single or partial exercise of any right shall not preclude any further exercise of any of these or the exercise of any other right.
Entire Agreement
These terms and conditions and any document expressly referred to in 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.
We each acknowledge that, in entering into this contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
