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Welcome to StillOpen

1) Introduction

1.1) Thank you for using the StillOpenplatform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).  StillOpen is a trademark of Neos Wave Limited.

2) Our Service

2.1) Through our StillOpen platform, we provide a way for Retailers (“Business Users”) to communicate information about their business (“TYPE OF BUSINESS”) and Products  (“Products”) and Users (“Consumers”) to search for details about Retailers. 

2.2) The legal contract for the supply and purchase of any products is between Consumers and Retailers and does not involve StillOpen in any way. 

3) Your Service Provider

3.1) The entity providing the Service in the United Kingdom is, located at 6th Floor, Charlotte Building, Gresse Street, London, W1T 1Q. Our telephone number is 01276 986251. Our Company Number is: 12002488 and we are VAT registered with the number 328384973

4) Applicable Terms

4.1) Your use of the Service is subject to the following terms. Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

5) Who may use the Service?

5.1) Age Requirements

You may use the Service if you are at least 18 years old, or if you have received permission by a parent or legal guardian.

5.2) Permission by Parent or Guardian

If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. 

5.3) Business Users

If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.

6) Your Use of the Service

6.1) Content on the Service

The content on the Service includes text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), videos, audio (for example music and other sounds), graphics, photos,) interactive features, software, metrics, and other materials (collectively, “Content”). Content may be provided to the Service by registered Users. Content is the responsibility of the User or entity that provides it to the Service. If you see any Content you believe does not comply with these terms, you can report it to us.

6.2) Using the Service

You can use parts of the Service, such as browsing and searching for Content, without registering your details with us. However, you do need register details to use some features. We will ask you to opt in to these services, in accordance with the Data Protection Act (2018).

Where you create a StillOpen account, it is your responsibility to keep your password confidential. You should not reuse your account password on third-party applications. If you believe your account has been accessed by an unauthorised person or persons you can report it to us.

7) Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. 

7.1) Why we process your personal data

We process your personal data for our legitimate interests as a business but only if necessary for the purpose we collected it for. We may process your data for;

  • Sales and marketing activities such as calls, emails and other types of communications with you
  • Understanding how you interact with the website and social media
  • Account activity such as, email, written and verbal communications and agreements
  • Financial activity, such as billing communications
  • To perform obligations under a contract with you or a business you may work for

We will only store your data, for as long as we need it to undertake any of the processes listed above. 

 7.2) Automated processing 

To ensure our prospects and clients receive the most relevant communications from Neos Wave Limited, we use some automated processes to undertake this. These processes (such as lead scoring and marketing based on behaviour), might indicate what the contents of a marketing email may be, or indicate to us when the best time to contact you might be.

7.3) The data we use

We use a number of different categories of data about you, as part of our normal business processes, the categories include;

  • Contact details
  • Emails and records of verbal conversations
  • Neos Wave Limited’s website and social media activity
  • Employment information (job title, responsibilities, position within the organisation etc)
  • Your status relating to our organisation, such as communication preferences and records of marketing activity that has been sent to you
  • Information telling us where we obtained your data

How we receive your personal data 

  • www.stillopen.business & www.stillopen.uk offers the opportunity for its visitors to submit their details via email (e.g. to request further information or download a resource)
  • From cookies: We use cookies on our website, that identify you when you visit us and tell us what pages you are viewing. We also use the information to trigger sales and marketing activity (for more information see our cookie page)
  • From social media: If you choose to communicate to us via any of the social media platforms
  • Verbal and written communications; When you send us an email, call or write a letter, or if we meet you face to face
  • Third parties; We sometimes receive personal data from third parties

7.4) Who will see your data?

Your personal data will only be seen and used by employees of Neos Wave Limited. Neos Wave Limited operates a role based access policy for personal data. What this means, is that an employee of Neos Wave Limited will only have access to personal data, if they need that access to do their job. Neos Wave Limited does not share the personal data of prospects or clients with any third parties.

7.5) Your rights

You have certain rights given to you by law, that means you have an amount of control over your personal data that we process.

7.6) Access to your personal data

This right allows you to confirm that your personal data is being processed and to allow you to check if the processing is lawful.

7.7) Correcting any mistakes

The right of rectification allows you to instruct an organisation that is processing your personal data, to rectify any mistakes.

7.8) Data deletion

The right to instruct an organisation to erase your personal data.

7.9) Stop processing

The right to stop the processing of your personal data

7.10) Moving data 

The right to data portability means that under certain circumstances you will be able to ask for your personal data to be transferred from one organisation to another.

7.11) Right to object to direct marketing

You have the right to object to the processing of your personal data for the purposes of direct marketing.

7.12) Object to profiling

Under certain circumstances, you are able to object to profiling or automated decision making.

7.13) Right to complain to the Information Commissioners Office (ICO)

If you are not happy with an aspect of how Neos Wave Limited are processing your data, you can lodge a complaint to the supervisory authority, which is the ICO. (www.ico.org.uk)

Please contact us at info@neoswave.works if you wish to exercise any of your rights or if you have any questions about the processing of your personal data by Neos Wave Limited

7.14) Electronic marketing

When you give us permission, we will use electronic marketing (emails, SMS, social media) to communicate items that we feel may be of interest to you, including industry and company information, updates and offers. If you do not wish to receive these communications, you will be given the opportunity to unsubscribe, by clicking on the unsubscribe link at the bottom of each email.

7.15) Confidentiality and security of your data

Information about you will be kept safe and secure and it will not be supplied to anyone else, unless we are obliged or permitted by law to disclose it. Neos Wave Limited do not sell, rent or trade any personal information supplied by you to any third party.

Neos Wave Limited security systems and policies are independently certified to ISO 27001. ISO 27001 is an international standard for the operation of an information security management system. This system contains the organisational and technical controls that we use to protect your data from harm and ensure confidentiality.

Tell us what you think!

Your views on privacy are important to us. If you have comments or questions email info@neoswave.works

8) Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and the law. You may view content for your personal, non-commercial use. 

The following restrictions apply to your use of the Service. You are not allowed to:

  1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service;  (b) with prior written permission from Neos Wave Limited and, if applicable, the respective rights holders; or (c) as permitted by applicable law;
  2. circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content;
  3. access the Service using any automated means (such as robots, botnets or scrapers) except as permitted by applicable law;
  4. collect or use any information that might identify a person (for example, harvesting usernames), unless permitted by that person or allowed under section 3 above;
  5. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
  6. cause or encourage any inaccurate measurements of genuine user engagement with the Service, misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
  7. use the Service to view or listen to Content other than for personal, non-commercial use; or
  8. use the Service to: (a) sell any advertising, sponsorships, or promotions

9) Reservation

Any right not expressly granted to you in this Agreement remains the right of Neos Wave Ltd or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service).

10) Changes to the Service

Neos Wave Ltd is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. We will always consider and balance the impact of such changes on the use of the Service. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, there will be times when we need to make such changes without notice, such as where we need to take action to improve the security and operability of our Service, prevent abuse, or meet our legal requirements. 

11) Content and Conduct

11.1) Uploading Content

If you have a StillOpen account, you may be able to upload Content to the Service. You may use your Content to promote your business or enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyse your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

12) Rights you Grant

You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to Neos Wave Ltd, as described below.

12.1) Licence to Advertise

By providing Content to the Service, you grant to NeosWave a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.

12.2) Licence to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.

12.3) Duration of Licence

The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise.  For example, removal of Content by you does not require Neos Wave Ltd to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.

13) Removing Your Content

13.1) You may remove your Content from the Service at any time by emailing info@stillopen.business to request your content be removed. We will respond to this in a timely manner and in accordance with the Data Protection Act (revised 2018)

13.2) Removal of Content By Neos Wave Ltd

If we reasonably believe that any Content is in breach of this Agreement or may cause harm to Neos Wave Ltd, our users, or third parties, we may remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Neos Wave Ltd or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Neos Wave Ltd or our Affiliates.

14) Copyright Protection

If you believe your copyright has been infringed on the Service, please send us a notice at info@stillopen.business

15) Account Suspension and Termination

15.1) Terminations

You may stop using the Service at any time. You can also delete your account by sending us a request. We respond to all requests to delete accounts within 30 days.

Neos Wave Ltd may suspend or terminate your access if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe there has been conduct that creates liability or harm to any user, other third party, Neos Wave Ltd or our Affiliates (d) if Neos Wave Ltd reasonably believes that its provision of the Service is no longer commercially viable. 

15.2) Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by Neos Wave Ltd unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Neos Wave Ltd or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Neos Wave Ltd or our Affiliates. Where Neos Wave Ltd is terminating your access for Service Changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.

15.3) Effect of Account Suspension or Termination

If your StillOpen account is terminated or restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use.

15.4) Open Source

Some software used in our Service may be offered under an open source licence. There may be provisions in an open source licence that expressly override some of these terms.  If so, we will make that open source licence available to you.

16) Other Legal Terms

16.1) Warranty

We provide the Service with reasonable care and skill.

16.2) Disclaimer

By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, NeosWave Ltd does not make any specific promises about the Service. For example, we don’t make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that any Content you submit will be accessible or stored on the Service.

16.3) Limitation of Liability

All users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.

To the extent permitted by applicable law, Neos Wave Ltd and its Affiliates will not be responsible for:

  1. losses that were not caused by Neos Wave Ltd or its Affiliates’ breach of this Agreement;
  2. any loss or damage that was not, at the time that this Agreement was formed between you and Neos Wave Ltd, a reasonably foreseeable consequence of Neos Wave Ltd or its Affiliates breaching this Agreement; or
  3. the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user.

16.4) Third-Party Links

The Service may contain links to third-party websites and online services that are not owned or controlled by Neos Wave Ltd.  Neos Wave Ltd has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

17) About this Agreement

17.1) Modifying this Agreement

We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. Neos Wave Ltd will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review these changes. However, changes addressing newly available features of the Service or changes made for legal reasons may be effective immediately. Changes will only apply going forward. If you do not agree to the modified terms, you should remove any Content you uploaded and discontinue your use of the Service.

17.2) Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue in limited cases as described under “Duration of License”.

17.3) Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

17.4) Assignment

Neos Wave Ltd may transfer all or part of this Agreement to an Affiliate or, if StillOpen is sold, to a third party.

17.5) No Waiver

If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).

17.6) Governing Law

These Website Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.