TERMS AND
CONDITIONS
Last
updated __________
1. Agreement
to Terms
1.1 These Terms and Conditions
constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (you),
and __________,located at __________,__________, __________
, __________ (we, us),
concerning your access to and use of the __________ (__________) website
as well as any related applications (the Site).
The Site provides the
following services: __________ (Services).
You agree that by accessing the Site and/or Services, you have
read, understood, and agree to be bound by all of these Terms
and Conditions.
If you do
not agree with all of these Terms and Conditions, then you are
prohibited from using the Site and Services and you must
discontinue use immediately. We recommend that you print a copy
of these Terms and Conditions for future reference.
1.2 The supplemental
policies set out in Section 1.7 below, as well as any
supplemental terms and condition or documents that may be posted
on the Site from time to time, are expressly incorporated by
reference.
1.3 We may make changes
to these Terms and Conditions at any time. The updated version
of these Terms and Conditions will be indicated by an updated
"Revised" date and the updated version will be effective as soon
as it is accessible. You are responsible for reviewing these
Terms and Conditions to stay informed of updates. Your continued
use of the Site represents that you have accepted such changes.
1.4 We may update or
change the Site from time to time to reflect changes to our
products, our users' needs and/or our business priorities.
1.5 Our site is
directed to people residing in the __________. The
information provided on the Site is not intended for
distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
1.6 The Site is
intended for users who are at least 18 years old. If you are
under the age of 18, you are not permitted to register for the
Site or use the Services without parental permission.
1.7 Additional policies which
also apply to your use of the Site include:
- Our Privacy Notice __________, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Acceptable Use Policy __________, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.
- Our Cookie Policy __________, which sets out information about the cookies on the Site.
- If you purchase from the Site, our terms and conditions of supply __________ will apply to the
- Certain parts of this Site can be used only on payment of a fee. If you wish to use such Services, you will, in addition to our Terms and Conditions, also be subject to our Terms and conditions of supply __________.
2. Acceptable
Use
2.1 Our full Acceptable Use Policy __________,
sets out all the permitted uses and prohibited uses of this
site.
2.2 You may not access or use the Site for any
purpose other than that for which we make the site and our
services available. The Site may not be used in connection with
any commercial endeavors except those that are specifically
endorsed or approved by us.
2.3 As a user of this Site, you
agree not to:
3. Information
you provide to us
3.1 You represent and warrant that: (a) all
registration information you submit will be true, accurate,
current, and complete and relate to you and not a third party;
(b) you will maintain the accuracy of such information and
promptly update such information as necessary; (c) you will keep
your password confidential and will be responsible for all use of
your password and account; (d) you have the legal capacity and
you agree to comply with these Terms and Conditions; and (e) you
are not a minor in the jurisdiction in which you reside, or if a
minor, you have received parental permission to use the Site.
If you know or suspect that
anyone other than you knows your user information (such as an
identification code or user name) and/or password you must
promptly notify us at __________.
3.2 If you provide any information that is
untrue, inaccurate, not current or incomplete, we may suspend or
terminate your account. We may remove or change a user name you
select if we determine that such user name is inappropriate.
4. Content
you provide to us
4.1 There may be opportunities
for you to post content to the Site or send feedback to us (User
Content). You understand and agree that your User Content may
be viewed by other users on the Site, and that they may be able
to see who has posted that User Content.
4.2 You further agree
that we can use your User Content for any other purposes
whatsoever in perpetuity without payment to you, and combine
your User Content with other content for use within the Site
and otherwise. We do not have to attribute your User Content to
you. When you upload or post content to our site,
you grant us the following rights to use that content:
4.3 In posting User Content, including
reviews or making contact with other users of the Site you shall
comply with our Acceptable Use Policy __________.
4.4 You warrant that any User Content does
comply with our Acceptable Use Policy, and you will be liable
to us and indemnify us for any breach of that warranty. This
means you will be responsible for any loss or damage we suffer
as a result of your breach of this warranty.
4.5 We have the right to remove any User Content
you put on the Site if, in our opinion, such User Content does
not comply with the Acceptable Use Policy.
4.6 We are not responsible
and accept no liability for any User Content including any such
content that contains incorrect information or is defamatory or
loss of User Content. We accept no obligation to screen, edit or
monitor any User Content but we reserve the right to remove,
screen and/or edit any User Content without notice and at any
time. User Content has not been verified or approved by us and
the views expressed by other users on the Site do not represent
our views or values.
4.7 If you wish to
complain about
User Content uploaded by other users please contact
us at __________ or use the take down or report
button.
5. Our
content
5.1 Unless otherwise indicated, the Site and
Services including source code, databases, functionality,
software, website designs, audio, video, text, photographs, and
graphics on the Site (Our Content) are owned
or licensed to us, and are protected by copyright and trade
mark laws.
5.2 Except as expressly
provided in
these Terms and Conditions, no part of the Site, Services or
Our Content may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our
express prior written permission.
5.3 Provided that you are eligible to use the
Site, you are granted a limited licence to access and use the
Site and Our Content and to download or print a copy of any
portion of the Content to which you have properly gained access
solely for your personal, non-commercial use.
5.4 You shall not (a) try to gain
unauthorised access to the Site or any networks, servers or
computer systems connected to the Site; and/or (b) make for any
purpose including error correction, any modifications,
adaptions, additions or enhancements to the Site or Our
Content, including the modification of the paper or digital
copies you may have downloaded.
5.5 We shall (a) prepare the Site and
Our Content with reasonable skill and care; and (b) use
industry standard virus detection software to try to block the
uploading of content to the Site that contains viruses.
5.6 The content on the Site is provided for
general information only. It is not intended to amount to
advice on which you should rely. You must obtain professional
or specialist advice before taking, or refraining from taking,
any action on the basis of the content on the Site.
5.7 Although we make reasonable efforts
to update the information on our site, we make no
representations, warranties or guarantees, whether express or
implied, that Our Content on the Site is accurate, complete or
up to date.
6. Link
to third party content
6.1 The Site may contain links to websites
or applications operated by third parties. We do not have any
influence or control over any such third party websites or
applications or the third party operator. We are not
responsible for and do not endorse any third party websites or
applications or their availability or content.
6.2 We accept no responsibility for adverts
contained within the Site. If you agree to purchase goods
and/or services from any third party who advertises in the
Site, you do so at your own risk. The advertiser, and not us,
is responsible for such goods and/or services and if you have
any questions or complaints in relation to them, you should
contact the advertiser.
7. Site
Management
7.1 We reserve the right at our sole
discretion, to (1) monitor the Site for breaches of these Terms
and Conditions; (2) take appropriate legal action against
anyone in breach of applicable laws or these Terms and
Conditions; (3) refuse, restrict access to or availability
of, or disable (to the extent technologically feasible) any of
your Contributions; (4) remove from the Site or otherwise
disable all files and content that are excessive in size or are
in any way a burden to our systems; and (5) otherwise manage
the Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Site
and Services.
7.2 We do not guarantee that the Site
will be secure or free from bugs or viruses.
7.3 You are
responsible for
configuring your information technology, computer programs and
platform to access the Site and you should use your own virus
protection software.
8. Modifications
to and availability of the Site
8.1 We reserve the right to change,
modify, or remove the contents of the Site at any time or for
any reason at our sole discretion without notice. We also
reserve the right to modify or discontinue all or part of the
Services without notice at any time.
8.2 We cannot guarantee the Site and
Services will be available at all times. We may experience
hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions,
delays, or errors. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Site or Services during any
downtime or discontinuance of the Site or Services. We are not
obliged to maintain and support the Site or Services or to
supply any corrections, updates, or releases.
8.3 There may be information on the Site
that contains typographical errors, inaccuracies, or omissions
that may relate to the Services, including descriptions,
pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information at any time,
without prior notice.
9. Disclaimer/Limitation
of Liability
9.1 The Site and
Services are
provided on an as-is and as-available basis. You agree that
your use of the Site and/or Services will be at your sole risk
except as expressly set out in these Terms and Conditions. All
warranties, terms, conditions and undertakings, express or
implied (including by statute, custom or usage, a course of
dealing, or common law) in connection with the Site and
Services and your use thereof including, without limitation,
the implied warranties of satisfactory quality, fitness for a
particular purpose and non-infringement are excluded to the
fullest extent permitted by applicable law.
We make no warranties or
representations about the accuracy or completeness of the
Site’s content and are not liable for any (1) errors or
omissions in content; (2) any unauthorized access to or use of
our servers and/or any and all personal information and/or
financial information stored on our server; (3) any
interruption or cessation of transmission to or from the site
or services; and/or (4) any bugs, viruses, trojan horses, or
the like which may be transmitted to or through the site by any
third party. We will not be responsible for any delay or
failure to comply with our obligations under these Terms and
Conditions if such delay or failure is caused by an event
beyond our reasonable control.
9.2 Our responsibility for
loss or damage suffered by you:
Whether
you are a consumer or a business user:
10. Term
and Termination
10.1 These Terms and
Conditions shall
remain in full force and effect while you use the Site or
Services or are otherwise a user of the Site, as applicable.
You may terminate your use or participation at any time, for
any reason, by following the instructions for terminating
user accounts in your account settings, if available, or by
contacting us at __________.
10.2 Without limiting any other provision of
these Terms and Conditions, we reserve the right to, in our
sole discretion and without notice or liability, deny access
to and use of the Site and the Services (including blocking
certain IP addresses), to any person for any reason including
without limitation for breach of any representation, warranty
or covenant contained in these Terms and Conditions or of any
applicable law or regulation.
If we determine, in our sole discretion,
that your use of the Site/Services is in breach of these
Terms and Conditions or of any applicable law or regulation,
we may terminate your use or participation in the Site and
the Services or delete your profile and any content
or information that you posted at any time, without warning,
in our sole discretion.
10.3 If we terminate or suspend your account
for any reason set out in this Section 9, you are prohibited
from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive
redress.
11. Mobile
Application
11.1 If you access the Services via a mobile
application, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the mobile
application on wireless electronic devices owned or
controlled by you, and to access and use the mobile
application on such devices strictly in accordance with the
terms and conditions of this license.
11.2 The following terms
apply when you
use a mobile application obtained from either the Apple Store
or Google Play (each an App Distributor) to access the
Services:
(a) The licence
granted to you
for our mobile application is limited to a non-transferable
licence to use the application on a device that utilizes the
Apple iOS or Android operating system, as applicable, and in
accordance with the usage rules set forth in the applicable
App Distributor terms of service;
(b) We are
responsible for
providing any maintenance and support services with respect
to the mobile application as specified in these Terms and
Conditions or as otherwise required under applicable law. You
acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services
with respect to the mobile application;
(c) In the event of any
failure of the mobile application to conform to any applicable
warranty, you may notify an App Distributor, and the App
Distributor, in accordance with its terms and policies, may
refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable
law, an App Distributor will have no other warranty obligation
whatsoever with respect to the mobile application;
(d) You represent and
warrant that
(i) you are not located in a country that is subject to a
U.S. government embargo, or that has been designated by the
U.S. government as a "terrorist supporting" country; and (ii)
you are not listed on any U.S. government list of prohibited
or restricted parties;
(e) You must comply with applicable third
party terms of agreement when using the mobile application,
e.g., if you have a VoIP application, then you must not be in
breach of their wireless data service agreement when using
the mobile application; and
(f) You acknowledge and agree that the App
Distributors are third party beneficiaries of these Terms and
Conditions, and that each App Distributor will have the right
(and will be deemed to have accepted the right) to enforce
these Terms and Conditions against you as a third party
beneficiary thereof.
12. General
12.1 Visiting the Site, sending us emails, and
completing online forms constitute electronic communications.
You consent to receive electronic communications and you
agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email
and on the Site, satisfy any legal requirement that such
communication be in writing.
You
hereby agree to the use of
electronic signatures, contracts, orders and other records
and to electronic delivery of notices, policies and records
of transactions initiated or completed by us or via the
Site. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances or other laws in
any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to
payments or the granting of credits by other than electronic
means.
12.2 These Terms and
Conditions and
any policies or operating rules posted by us on the Site or
in respect to the Services constitute the entire agreement
and understanding between you and us.
12.3 Our failure to
exercise or
enforce any right or provision of these Terms and Conditions
shall not operate as a waiver of such right or provision.
12.4 We may assign any or all
of our rights and obligations to others at any time.
12.5 We shall not be responsible or liable for
any loss, damage, delay or failure to act caused by any cause
beyond our reasonable control.
12.6 If any
provision or
part of a provision of these Terms and Conditions is
unlawful, void or unenforceable, that provision or part of
the provision is deemed severable from these Terms and
Conditions and does not affect the validity and
enforceability of any remaining provisions.
12.7 There is no joint venture, partnership,
employment or agency relationship created between you and us
as a result of these Terms and Conditions or use of the Site
or Services.
12.8 The following are trade marks
of __________. You are not permitted to use them without
our approval, unless they are part of material
our Site explicitly states you are permitted to use.
12.9 A person who is not a
party to these Terms and Conditions shall have no right
under the Contracts (Rights of Third Parties) Act 1999 to
enforce any term of these Terms and Conditions.
12.10 In order to resolve a complaint regarding the
Services or to receive further information regarding use of
the Services, please contact us by email
at __________ or by post to:
__________
__________
__________, __________