How we handle your Content
11
Our privacy policy is strong and precise. It complies fully with current UK law.
12
If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
13
Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
14
We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
15
We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
16
You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright, Designs and Patents Act 1988 s80.
17
You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
18
Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
19
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
20
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
21
Please notify us of any security breach or unauthorised use of your account.
22
We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph 9.4 above.
Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever way we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
8.1
be unlawful, or tend to incite another person to commit a crime;
8.2
consist in commercial audio, video or music files;
8.3
be obscene, offensive, threatening, violent, malicious or defamatory;
8.4
be sexually explicit or pornographic;
8.5
be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
8.6
request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
8.7
be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
8.8
include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
8.9
facilitate the provision of unauthorised copies of another person's copyright work;
8.10
link to any of the material specified in this paragraph;
8.11
Post excessive or repeated off-topic messages to any forum or group;
8.12
sending age-inappropriate communications or Content to anyone under the age of 18
Removal of offensive Content
10.1
For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
10.2
We are under no obligation to monitor or record the activity of any Visitor or customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
10.3
If you are offended by any Content, the following procedure applies:
10.3.1
Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
10.3.2
we shall remove the offending Content as soon as we are reasonably able;
10.3.3
after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
10.3.4
we may re-instate the Content about which you have complained or not.
10.4
In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
10.5
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
11.1
modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
11.2
link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
11.3
download any part of Our Website, without our express written consent;
11.4
collect or use any product or service listings, descriptions, or prices;
11.5
collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
11.6
aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
11.7
share with a third party any login credentials to Our Website;
11.8
Despite the above terms, we now grant a licence to you to:
11.8.1
create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
11.8.2
you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
Termination
13.1
You accept that we cannot be liable to you for any such
13.2
You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on Our Website and submitting it. We reserve the right to check the validity of any request to terminate your subscription.
13.3
We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
13.4
Termination by either party shall have the following effects:
13.4.1
your right to use the Services immediately ceases;
13.4.2
we are under no obligation to forward any unread or unsent messages to you or any third party;
13.5
In the event of such termination by us, we will within seven days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed;
13.6
There shall be no re-imbursement or credit if the Service is terminated due to your violation of the terms of this agreement.
13.7
We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
Disclaimers and limitation of liability
16.1
The law differs from one country to another. This paragraph applies so far as the applicable law allows.;
16.2
All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
16.3
Our Website and our Services are provided “as is”. We make no representation or warranty that the Service will be:
16.3.2
of satisfactory quality;
16.3.3
fit for a particular purpose;
16.3.4
available or accessible, without interruption, or without error.
16.4
We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
16.5
We make no representation or warranty and accept no responsibility in law for.
16.5.1
accuracy of any Content or the impression or effect it gives;
16.5.2
delivery of Content, material or any message;
16.5.3
privacy of any transmission;
16.5.4
third party advertisements which are posted on Our Website or through the Services;
16.5.5
the conduct, whether online or offline, of any user of Our Website or the Services;
16.5.6
failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;
16.5.7
any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
16.5.8
any aspect or characteristic of any services advertised on Our Website;
16.6
you agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
16.7
Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of £100. This applies whether your case is based on contract, tort or any other basis in law.
16.8
We shall not be liable to you for any loss or expense which is:
16.8.1
indirect or consequential loss; or
16.8.2
economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
16.9
This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us..
16.10
If you become aware of any breach of any term of this agreement by any person, please tell us by Email we welcome your input but do not guarantee to agree with your judgement.
Miscellaneous matters
18.1
The schedules, if any, to this agreement are part of the agreement and have the same force and effect.
18.2
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18.3
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
18.4
If you are in breach of any term of this agreement, we may:
18.4.1
publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
18.4.2
terminate your account and refuse access to Our Website;
18.4.3
remove or edit Content, or cancel any order at our discretion;
18.4.4
issue a claim in any court.
18.5
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
18.5
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
18.6
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
18.7
You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you
18.8
Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
18.9
In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
18.10
This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
18.11
Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
18.12
In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
18.13
The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
Notice of right of cancellation: Right to Cancel and Model Consent Form
Information about your statutory right to cancel. Your right to cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.
Exception when you opt out
Before we agree to provide our service, we therefore ask that you give up your right to cancel, as the law allows. If you do not agree, we shall not work for you.
If you tick the box on our website to confirm acceptance of our contractual terms and conditions, you:
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confirm that you want us to allow subscription before the expiry of 14 days.
AND
- confirm that you want us to immediately allow subscription, whether this is incidental to a service or sold separately.
AND
- accept that you will lose your right to cancel the contract.
AND
- understand that your agreement is a term of the contract between us.
I/We have read this agreement carefully. I/We understand and acknowledge that by signing it I/we are committed to all its terms.
I/We instruct you to supply service to us as soon as you can.
Instructed on [date]
Name: [enter name or names in which the order was made]
Address: [enter your address]
Date: [date]