Please read the following terms and conditions very carefully as your use of the services is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
www.pricecomparison.je/(Website) is an Internet-based portal licensed by ESH Solutions Limited.
Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. ESH Solutions Private Limited at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for the our Services. We may block your email address and Internet protocol address to prevent further registration.
You will receive a password and account information upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) Immediately notify ESH Solutions Private Limited of any unauthorized use of your password or account or any other breach of security, and (b) Ensure that you logout from your account at the end of each session. ESH Solutions Private Limited will not be liable for any loss or damage arising from your failure to comply with this agreement.
We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
The User agrees and undertakes not to reverse engineer, change, copy, distribute, transmit, display, download, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content on the Website is permitted provided that ESH Solutions Private Limited name is stated as the source and prior written permission of ESH Solutions Private Limited is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
You agree and undertake to use the Website and the service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a service, you will not:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents.
4. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or someone’s computer.
5. Conduct or forward surveys, contests, pyramid schemes or chain letters.
6. Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner.
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
8. Violate any code of conduct or other guidelines, which may be applicable for or to any particular service.
9. Violate any applicable laws or regulations for the time being in force in or outside the United Kingdom.
10. Violate, abuse, unethically manipulate or exploit any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website or on any related Service is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
It’s important to note that not every supermarket supplies exactly the same size of product, so there may be slight size variants. These are kept to a minimum to ensure the comparison is as true as possible. Where products are unavailable at the time of collection the prices will be left blank and a note highlighting this will be displayed in the comparison section.
We have chosen the larger or main locations of each store brand, and we have received confirmation from each company's management team as follows:
Alliance Tesco have the 'same pricing across all stores. There can be a very rare exception if a shelf edge label hasn’t been changed as that is a manual process in our stores but this should be very rare (as there are processes and controls to protect against this) and the customer would be charged the correct price at the till, consistent across all of our stores.'
Co-Operative Society 'only have one price band for all of our stores whether it be a Grand Marche, Locale or En Route store.'
Iceland (Sandpiper) 'confirm we only have a single price across all our stores for each brand.'
Waitrose 'confirm that if you are looking at standard priced and offer priced products then the prices will be the same in the 3 Jersey Waitrose Branches. However, we can not guarantee that reduced prices will be the same as reductions are determined by the amount of stock we have to sell through'.'
Note: ‘Prices are subject to change’.
If you decide to enable, access or use third-party services, be advised that your access and use of such other services is governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against ESH Solutions Limited with respect to such other services. ESH Solutions Limited is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting ESH Solutions Limited to disclose your data as necessary to facilitate the use or enablement of such other service.
We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimise the impact and downtime.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content (this is not an exhaustive list):
1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to submit false or misleading information;
7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
8. to collect or track the personal information of others;
9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
10. for any obscene or immoral purpose; or
11. other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the services rendered by ESH Solutions Private Limited.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, ESH Solutions Private Limited owns all the Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to ESH Solutions Private Limited without obtaining authorization from ESH Solutions Private Limited.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any services, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various services.
ESH Solutions Private Limited has endeavoured to ensure that all the information on the Website is correct, but ESH Solutions Private Limited neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In no event shall ESH Solutions Private Limited be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
1. The use or the inability to use the Services or Products.
2. Unauthorized access to or alteration of the user’s transmissions or data.
3. Any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or service. Neither shall ESH Solutions Private Limited be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, ESH Solutions Private Limited shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond ESH Solutions Private Limited’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify and hold harmless the Jersey Consumer Council and ESH Solutions Private Limited from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Jersey Consumer Council and ESH Solutions Private Limited that arise out of, result from or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
You may not assign this agreement without the prior written consent of ESH Solutions Private Limited. ESH Solutions Private Limited reserves the right to assign all or part of this agreement to any third party.
ESH Solutions Private Limited shall not be liable in respect of any breach of this Contract due to any cause beyond its reasonable control including (but without limitation): act of God; pandemic, inclement weather, flood or fire; industrial action or lockouts; the act and / or omission of Government; highway authorities or other competent authority; war, military operations, vandalism or riot; the act and / or omission of any other party (including any party that provides any part of a Service or upon which ESH solutions Private Limited relies in order to provide any part of a Service) and national and / or civil emergencies.
The Terms supersede all prior oral or written communications regarding a Service and contain the whole agreement between the parties relating to a Service, unless specifically stated otherwise in these Terms or specifically otherwise agreed in writing.
Any notice or other communication required to be given or served for the purposes of the Contract except where otherwise provided shall be in writing and shall be deemed to have been duly given and served if sent by post, email or delivered by hand. Notices shall be deemed received 48 hours after posting or transmitting.
Your address for correspondence shall be the contact address as provided or an address notified to ESH Solutions Private Limited in writing as an address to which bills may be sent or your usual or last known place of abode or business or if you are a limited company its registered office.
ESH Solutions Private Limited’s address for correspondence in the Bailiwick of Jersey shall be Commercial Buildings, St Helier, Jersey JE4 8PW.
ESH Solutions Private Limited may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or otherwise acted unethically.
Notwithstanding the above, these Terms will survive indefinitely unless and until ESH Solutions Private Limited chooses to terminate them.
If you or ESH Solutions Private Limited terminates your use of the Website or any service, ESH Solutions Private Limited may delete any content or other materials relating to your use of the service and ESH Solutions Private Limited will have no liability to you or any third party for doing so.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report at enquiry@ESHci.com, with the subject heading “Report Abuse”.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the Island of Jersey without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Jersey. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the Royal Court of Jersey, and you hereby submit to the personal jurisdiction of such courts.