Terms and conditions of use

The following definitions apply in these Terms and Conditions:

1.1Our website, accessible via eltoco.com, eltoco.co.uk and other top level domains, is owned and operated by El Toco Limited, a company registered in England and Wales with company number 09585660, VAT number 356747657, whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. In this agreement “El Toco”, “our”, “us” and “we” refer to El Toco Limited and “the Platform” refers to our website or any affiliated software application provided by us to access our website.

1.2Services: the services provided by us, as specified in section 2 below.

1.3User: you and all users of our services, whether registered or not. This includes natural persons, corporate or unincorporated entities, and any users who access our website programmatically, for example via a web crawler or application programming interface.

1.4A reference to writing or written includes electronic communication, such as email.

1.5Any words following the terms including, include, in particular, for example, or any similar expression are illustrative and do not limit the sense of any phrase before those terms.

2.1Product catalogue: retrieval and analysis of commercially available products and services from our database of pre-categorised web content. This content may be in the following formats: text, images, videos, or audio, and includes classified advertising as specified in 2.2.

2.2Classified advertising: after registering on our platform, you can list your company’s products and services in our catalogue. Different locations where your listings can appear on our website, as well as extra services such as articles featuring your brand, are bundled together in packages. The details of these packages are explained in section 8.

3.1Subject to the other provisions of these Terms and Conditions, you may view, download, screenshot and print content from our site for personal or business purposes.

3.2If you share screenshots of our site with any third party, they must be clearly and unambiguously labelled as originating from El Toco.

3.3You may not, directly or through another person or software tool, carry out the following activities:

3.4As a condition of use of our services, you accept and guarantee that:

4.1We monitor use of our website in order to inform our advertisers on the performance of their listings, as well as to understand which features are popular and which need improvement. The data collected includes voluntary survey responses as well as a history of actions carried out on the platform, such as the search terms entered and which areas of our website were visited.

This information is strictly anonymous and we guarantee that it will never be shared with third parties for the purposes of monetisation or targeted advertising.

4.2By registering with El Toco, users agree to provide the following information and consent to its unlimited storage by us for purposes including resolving complaints, protection against legal claims, compliance with law enforcement agencies, and business analysis:

4.2This information will never be shared with third parties unless legally required to do so.

The brand, logo, commercial slogan, and all other identifiers related to El Toco are our property, be they registered or not, and you accept that you will not use these identifiers without our written consent, apart from when acknowledging copyright of material sourced from our website.

Listings and features on our website contain links to third party websites. You recognise that El Toco does not control these third party websites. We are not responsible for their availability or content, nor are we responsible for any damage or loss which is caused by access or use of third party websites.

7.1You are responsible for keeping your account details confidential and for preventing unauthorised access to your account.

7.2You are responsible for any activity on our Platform arising from a failure to keep your account access secure and may be held liable for any losses arising from this failure. If you become aware of any unauthorised access you must notify us immediately.

7.3You accept that the details provided at registration are correct and will let us know of any change in these details using the account settings page.

7.4El Toco reserves the right to close or temporarily suspend your account at our discretion, or cancel orders. If we stop your package in these circumstances, any orders which are cancelled will be refunded on a pro rata basis without any additional cancellation fee to you.

8.1When you place an order with us, you are agreeing to pay a specified sum every calendar month in advance, in return for a package of services. Those services will be provided for the duration of time that your package is active.

8.2The services included in our packages are as follows:

8.3After payment has been received, we will list your products, services, and brand in our catalogue, as well as create your public brand profile page and any additional content as specified by your package. You will be notified when this has gone live. We will take every effort to ensure this is as soon as possible but cannot guarantee an exact timespan due to resource constraints at our end.

8.4By placing an order with us, you grant us permission to reproduce content concerning your listings, such as images and product names, in our database results, as well as to use this content for our own advertisements. You agree that your content will confirm to our Terms and Conditions and that is not in any way unlawful and will not give rise to legal action against El Toco or any other person or corporate entity.

8.5After your listings have been published in our catalogue they will be refreshed automatically by us with a frequency determined by your selected package. This will continue for the duration that the package is active.

8.6You can stop your package at any time by using the appropriate buttons provided on your account page of our website. If you stop your package, any unused time before your next billing date will be refunded to you automatically without any additional cancellation fee to you.

We guarantee that the monthly fee charged for your package will remain constant for the entire time your package is active and will be unaffected by any changes in the price charged for our packages. If your package is stopped and subsequently restarted, the price will be updated to the value that is being charged to new subscribers at the time your package is restarted.

As part of the Enterprise package, or as a separate billable item, we can create articles featuring your brand or its products. The price of this work is subject to agreement between us and you at the time the order is placed. After an article is published on our website, you grant us the unrestricted rights to use its contents in perpetuity, irrespective of whether your advertising package remains active or not.

11.1El Toco reserves the right to change these Terms and Conditions at any time. In the case that the Terms and Conditions are changed in order to comply with legal requirements, such changes may take immediate effect or at a time required by law and without prior notice. Users are subject to the Terms and Conditions in force at the time they use our services.

11.2If any clause or sub-clause in this agreement becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant clause or sub-clause will be considered deleted and will not affect the validity of the rest of these Terms and Conditions.

12.1This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection to this agreement shall be governed by and construed in accordance with the laws of England and Wales.

12.2Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection to this agreement.

This agreement constitutes the entire agreement between you and El Toco and supersedes all previous agreements or understandings, whether written or oral, relating to the use of our services.