Terms and conditions of use of El Toco

Last updated 24th October 2023

Welcome to El Toco's web platform. This page contains our Terms and Conditions of Use and Privacy Policy (henceforth “the Terms and Conditions”). By using the services described below, you signify your agreement to be bound by these terms.

• 1. Definitions

  The following definitions apply in these Terms and Conditions:

  1.1Our website, accessible via ElToco.com and ElToco.co.uk, 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. Our services

  2.1Web research: retrieval and analysis of data from our database of pre-categorised web content. This data may be in the following formats: text, images, videos, or audio, and includes classified advertising as specified in 2.2.

  2.2Dissemination of advertising: after registering on our platform, you can place bids to improve the placement of content from your website in our database results. This only affects the placement of content, given that it is already relevant to a user's research parameters.

• 3. Your rights and permissions

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

  3.2If you share research data with any third party, it 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:

  • Use the platform for illicit, illegal, or otherwise unauthorised purposes;
  • Use the platform in any sort of spam or unsolicited mail;
  • Use the platform without authorisation of a parent or guardian if you are considered to be a minor in your country of residence;
  • Interfere or interrupt the functionality of the platform, its servers and supporting networks;
  • Take any action which might impose, according to the assessment of El Toco, an unreasonable or disproportionate load on the platform's infrastructure;
  • Modify, reverse engineer, or otherwise alter any part of the platform or the research data collected from it;
  • Conduct any systematic or automated data collection, such as scraping, without prior written consent of El Toco.

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

  • You will not infringe or violate any of our Terms and Conditions
  • You possess the legal capacity to accept these Terms and Conditions and that they do not violate any other agreements by which you are bound, due to any law, regulation, or contractual obligation.

• 4. Privacy Policy

  El Toco takes its commitment to protect users' privacy and personal data very seriously.

  4.1We are currently collecting data on use of the platform in order to understand which areas and 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 for the purpose of building a better platform 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:

  • Name
  • Email address
  • Physical address
  • A history of the contents of any orders placed with us

  This information will never be shared with third parties.

• 5. Trademarks and copyright

  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.

• 6. Links to third party websites

  6.1Research data obtained on the Platform may contain links to third party websites. You recognize that El Toco does not control any third party websites nor are we responsible for their availability or content.

  6.2You also accept that El Toco is not responsible for any damage or loss which is caused by access or use of third party websites.

• 7. Accounts

  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 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. Any orders which are cancelled will be without charge to you.

• 8. Orders and cancellations

  8.1When you place an order with us to improve the placement of your website content in our database results, we will send you an email confirming receipt of the order and containing the order details.

  8.2Your order represents an agreement to pay us a specified sum (the “bid”) corresponding to a particular keyword or genre, every calendar month in advance. Your bid will be compared to other competing bids for the same keywords or genres so that two equally relevant web pages will be ranked according to which has the higher bid. This ranking change will take effect within 24 hours after the placement of your order for any pages from your website which we have already saved in our database.

  8.3Pages in your website will be periodically indexed with a frequency determined by the load on our crawlers, which may change over time.

  8.4You can cancel your orders at any time and we will refund you the remaining value of your bid by calculating the proportion remaining until the next billing date on a pro rata basis.

• 9. Your content in our database results

  9.1By placing an order with us, you grant to us permission to reproduce content from your site in our database results, in order to provide our services as described in section 2. Any content directly sourced from your site will be labelled as coming from your site and hyperlinked back to its original location on your site.

  9.2You 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.

• 10. Modification and severance

  10.1El 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.

  10.2If 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.

• 11. Governing Law and Jurisdiction

  11.1This 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.

  11.2Each 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.

• 12. Entire 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.