Terms of Use

Home/Terms of Use
Terms of Use 2018-05-17T21:23:53+00:00

Terms of Use 

These Terms of Use, and any doc­u­ments referred to here­in, set out the terms and con­di­tions on which you are per­mit­ted to use our web­site, https://www.icanuse.co.uk (our web­site). By using our web­site, you agree to be bound by, and to com­ply with, these Terms of Use.

These Terms of Use are effec­tive from 16th May 2018.

Please read these Terms of Use care­ful­ly. We rec­om­mend that you print off a copy of these Terms of Use for your records, as well as any future ver­sions of them, as we may update them from time to time. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 14 (EXCLUSIONS AND LIMITATIONS OF LIABILITY), 15 (INDEMNIFICATION), 16 (DISCLAIMERS) AND 17 (AGE RESTRICTIONS ON USE OF OUR WEBSITE).

If for any rea­son what­so­ev­er you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use our web­site.

 

Con­tents

  • Our details
  • Your respon­si­bil­i­ty for oth­ers who access our web­site using your device or inter­net con­nec­tion
  • Oth­er doc­u­ments gov­ern­ing your use of our web­site
  • Avail­abil­i­ty of our web­site
  • Changes we may make to these Terms of Use and oth­er doc­u­men­ta­tion
  • Your account details
  • Own­er­ship of mate­r­i­al on our web­site
  • Infor­ma­tion and con­tent on our web­site pro­vid­ed on non-reliance basis
  • Per­mit­ted use of mate­ri­als on our web­site
  • Pro­hib­it­ed uses of our web­site
  • Virus­es and oth­er harm­ful con­tent
  • Links to oth­er web­sites
  • Links to our web­site
  • EXCLUSIONS AND LIMITATIONS OF LIABILITY
  • INDEMNIFICATION
  • DISCLAIMERS
  • AGE RESTRICTIONS ON USE OF OUR WEBSITE
  • Gov­ern­ing law and juris­dic­tion
  • Copy­right

 

  1. Our details
    • I Can Use Lim­it­ed (we, our and us) oper­ates the web­site.
    • I Can Use Lim­it­ed is a lim­it­ed lia­bil­i­ty com­pa­ny incor­po­rat­ed in Eng­land and Wales (com­pa­ny num­ber 01936864). Our reg­is­tered address is 1 Tor­wood House, 41 Tor­wood Lane, Whyte­leafe, Sur­rey, CR3 0HD.
    • Our con­tact tele­phone num­ber is 020 8668 1866 and our con­tact email address is info@icanuse.co.uk. Our VAT reg­is­tra­tion num­ber is GB799123782.

 

  1. Your respon­si­bil­i­ty for oth­ers who access our web­site using your device or inter­net con­nec­tion

You must ensure that any per­sons who access our web­site on your computer(s) or device(s), or who are per­mit­ted or able to access our web­site on your computer(s) or device(s), or who use your inter­net con­nec­tion, are aware of these Terms of Use and all oth­er doc­u­men­ta­tion referred to in them, and that such per­sons also agree to be bound by and to com­ply with these Terms of Use. If for any rea­son what­so­ev­er, such per­sons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our web­site, and you must not per­mit them to do so.

 

  1. Oth­er doc­u­ments gov­ern­ing your use of our web­site
    • In addi­tion to these Terms of Use, your use of our web­site is also gov­erned by the fol­low­ing doc­u­ments:
      • Our pri­va­cy pol­i­cy, which is avail­able at https://www.icanuse.co.uk/privacy-policy. Our pri­va­cy pol­i­cy gov­erns our use of your infor­ma­tion. It sets out the types of infor­ma­tion we col­lect, the rea­sons we col­lect it, how we use it, where we may pass it on to any third par­ties, in what cir­cum­stances and for what rea­sons, and any oth­er rel­e­vant infor­ma­tion relat­ing to our use and/or pro­cess­ing of your infor­ma­tion and your rights in rela­tion to your infor­ma­tion.
      • Our cook­ies pol­i­cy, which is avail­able at https://icanuse.co.uk/cookies-policy. Our cook­ies pol­i­cy gov­erns our use of cook­ies and sim­i­lar tech­nolo­gies on our web­site. It sets out the types of cook­ies we use, the pur­pos­es for which we use them, the cir­cum­stances in which we may place cook­ies on your com­put­er, device or brows­er, and oth­er rel­e­vant infor­ma­tion relat­ing to cook­ies, such as how to change your brows­er pref­er­ences and set­tings to accept or reject cook­ies.
    • By access­ing and using our web­site, you agree to be bound by the terms and con­di­tions con­tained in these Terms of Use, you acknowl­edge that we will process your infor­ma­tion in accor­dance with our pri­va­cy pol­i­cy, and our use of cook­ies and sim­i­lar tech­nolo­gies in accor­dance with our cook­ies pol­i­cy.
    • If you do not agree to the terms set out in these Terms of Use, or if you do not wish for us to process your per­son­al infor­ma­tion in accor­dance with our pri­va­cy pol­i­cy, or if you do not agree to our use of cook­ies or oth­er sim­i­lar infor­ma­tion-gath­er­ing tech­nolo­gies in accor­dance with our cook­ies pol­i­cy, you must not use our web­site.

 

  1. Avail­abil­i­ty of our web­site
    • We make no rep­re­sen­ta­tions and pro­vide no war­ranties that:
      • the web­site will be made avail­able at any spe­cif­ic time or from any spe­cif­ic geo­graph­i­cal loca­tion;
      • your access to the web­site will be con­tin­u­ous or unin­ter­rupt­ed; or
      • the web­site will be acces­si­ble or opti­mised on all browsers, com­put­ers, tablets, phones or view­ing plat­forms.
    • We reserve the right to sus­pend access to all or part of the web­site for any rea­son, includ­ing for busi­ness or oper­a­tional rea­sons, such as improv­ing the appear­ance or func­tion­al­i­ty of the web­site, con­tent updates, peri­od­ic main­te­nance, or to resolve any issues that we become aware of. Wher­ev­er we antic­i­pate that we need to sus­pend access to the web­site for a con­sid­er­able peri­od of time, we will try to pro­vide you with pri­or notice where rea­son­ably prac­ti­ca­ble.
    • Our web­site is pro­vid­ed for users in the Unit­ed King­dom only. Although it may be pos­si­ble to access the web­site from oth­er coun­tries, we make no rep­re­sen­ta­tion that our web­site is com­pli­ant with any legal require­ments in force in any juris­dic­tion oth­er than the Unit­ed King­dom, or that the con­tent avail­able on the web­site will be appro­pri­ate for users in oth­er coun­tries or states.

 

  1. Changes we may make to these Terms of Use and oth­er doc­u­men­ta­tion
    • We reserve the right to update these Terms of Use, our pri­va­cy pol­i­cy, our cook­ies pol­i­cy and any oth­er doc­u­men­ta­tion referred to in any of these doc­u­ments from time to time. We may change our Terms of Use and oth­er doc­u­men­ta­tion for any rea­son, includ­ing:
      • to reflect any changes in the way we car­ry out our busi­ness;
      • to account for any changes we make to our web­site, includ­ing, with­out lim­i­ta­tion, any new fea­tures or func­tion­al­i­ty we pro­vide, any adjust­ments to the means by which we pro­vide notices to you, or any changes in the con­tent, pur­pose or avail­abil­i­ty of the web­site;
      • to accu­rate­ly describe our cur­rent data-pro­cess­ing activ­i­ties so that you are kept up to date with our lat­est prac­tices;
      • to inform you of any changes in the way that we use cook­ies or sim­i­lar infor­ma­tion-gath­er­ing tech­nolo­gies; or
      • to ensure that our doc­u­men­ta­tion com­plies and remains com­pli­ant with any and all cur­rent and future applic­a­ble laws, reg­u­la­tions and offi­cial guid­ance.
    • If required by law, we will pro­vide you with notice of any changes in these Terms of Use or the oth­er doc­u­men­ta­tion referred to in them by post­ing a notice on the web­site and/or by post­ing an updat­ed ver­sion of these Terms of Use or oth­er such doc­u­men­ta­tion on our web­site with a new effec­tive date stat­ed at the begin­ning of them.
    • By con­tin­u­ing to access our web­site after we have updat­ed our Terms of Use, you agree to be bound by those updat­ed ver­sions. You also acknowl­edge that by con­tin­u­ing to access our web­site after we have updat­ed our pri­va­cy pol­i­cy and/or our cook­ies pol­i­cy, that the prac­tices set out in those updat­ed poli­cies will apply to our han­dling of your infor­ma­tion and our use of cook­ies and sim­i­lar tech­nolo­gies.
    • You must check these Terms of Use and all oth­er doc­u­men­ta­tion referred to in them each time you access our web­site in order to ensure that you are aware of the terms that apply to you at that time.
    • The date that these Terms of Use and/or any oth­er doc­u­ments (includ­ing our pri­va­cy pol­i­cy and cook­ies pol­i­cy) were last amend­ed is set out at the top of that doc­u­ment and is referred to as that document’s “effec­tive date”.

 

  1. Your account details
    • If we pro­vide you with account infor­ma­tion such as a user name, iden­ti­fi­ca­tion num­ber, account code and/or pass­word, you must keep such infor­ma­tion con­fi­den­tial and secret and not dis­close it to any­one. All account infor­ma­tion is pro­vid­ed for use of the named account hold­er only, and not for any oth­er per­son. You are respon­si­ble for any con­se­quences of unau­tho­rised access to your account due to any dis­clo­sure of your account infor­ma­tion to any third par­ty.
    • Where we pro­vide you with the option to select your own login infor­ma­tion, includ­ing a pass­word, we rec­om­mend that you sup­ply login infor­ma­tion unique to your own use of this web­site, and do not use infor­ma­tion from oth­er accounts you may hold with oth­er web­sites or any eas­i­ly dis­cov­er­able infor­ma­tion about you. You are respon­si­ble for any con­se­quences of unau­tho­rised access to your account due to any dis­clo­sure of your login infor­ma­tion to any third par­ty.
    • You must nev­er use anoth­er user’s account with­out per­mis­sion. When cre­at­ing your account, you must pro­vide accu­rate and com­plete infor­ma­tion. You agree that you will not solic­it, col­lect or use the login cre­den­tials of oth­er indi­vid­u­als. We pro­hib­it the cre­ation of, and you agree that you will not cre­ate, an account for any­one oth­er than your­self. You also rep­re­sent that all infor­ma­tion you pro­vide to us upon reg­is­tra­tion and at all oth­er times will be true, accu­rate, cur­rent, and com­plete. You agree to update your infor­ma­tion as nec­es­sary to main­tain its truth and accu­ra­cy.
    • We reserve the right to with­draw access to your account with­out notice for any actu­al or sus­pect­ed breach of these Terms of Use or any oth­er doc­u­men­ta­tion referred to in them, includ­ing, with­out lim­i­ta­tion, where we sus­pect that there has been unau­tho­rised access to your account, or any unau­tho­rised dis­clo­sure of your login infor­ma­tion.
    • If you know or sus­pect that the con­fi­den­tial­i­ty of your login infor­ma­tion has been com­pro­mised, for exam­ple, by the dis­clo­sure of such infor­ma­tion to any third par­ty, you must imme­di­ate­ly change your pass­word. If you are unable to change your pass­word, you must imme­di­ate­ly noti­fy us by email, at info@icanuse.co.uk.

 

  1. Own­er­ship of mate­r­i­al on our web­site
    • All trade marks, ser­vice marks, trade names, logos, copy­right and oth­er intel­lec­tu­al prop­er­ty rights in our web­site and its con­tent are either owned by us or licensed to us. All such rights are pro­tect­ed by intel­lec­tu­al prop­er­ty laws around the world, and all rights are reserved. Any use of the web­site and its con­tents, oth­er than as specif­i­cal­ly autho­rised here­in, is strict­ly pro­hib­it­ed. Any rights not express­ly grant­ed here­in are reserved by us.
    • The trade marks, ser­vice marks, trade names, logos and oth­er brand­ing owned by third par­ties and used or dis­played on or via our web­site (col­lec­tive­ly, “Third Par­ty Mark(s)”) may be trade marks of their respec­tive own­ers, who may or may not endorse or be affil­i­at­ed with or con­nect­ed with us. Except as express­ly pro­vid­ed in these Terms of Use, or in terms pro­vid­ed by the own­er of a Third-Par­ty Mark, noth­ing in these Terms of Use or on or via the web­site should be con­strued as grant­i­ng, by impli­ca­tion, estop­pel, or oth­er­wise, any licence or right to use any of our or any Third-Par­ty Marks that are used or dis­played on the web­site, with­out the respec­tive owner’s pri­or writ­ten per­mis­sion, in each instance. All good­will gen­er­at­ed from the use of our trade marks will ben­e­fit us exclu­sive­ly.

 

  1. Infor­ma­tion and con­tent on our web­site pro­vid­ed on non-reliance basis
    • Our web­site is made avail­able to you in order to pro­vide you with gen­er­al infor­ma­tion about us, our busi­ness, and any prod­ucts or ser­vices that we offer from time to time. We do not make our web­site avail­able for any oth­er pur­pos­es, except as express­ly pro­vid­ed in these Terms of Use.
    • The con­tent on our web­site is not intend­ed to be con­strued as advice. You must not rely on any of the con­tent of our web­site for any pur­pos­es what­so­ev­er, and you must seek your own inde­pen­dent pro­fes­sion­al advice before decid­ing to take any course of action on the basis, whether in whole or in part, of any of the con­tent avail­able on our web­site at any time.
    • We make no rep­re­sen­ta­tions and pro­vide no war­ranties what­so­ev­er, whether express or implied, that any of the con­tent or mate­ri­als avail­able on our web­site from time to time are accu­rate, up to date or com­plete.

 

  1. Per­mit­ted use of mate­ri­als on our web­site
    • The con­tent on our web­site is pro­vid­ed for your per­son­al, pri­vate and non-com­mer­cial use only. You may print or share the con­tent from our web­site for law­ful per­son­al, pri­vate and non-com­mer­cial pur­pos­es, and you may also make oth­ers with­in your organ­i­sa­tion aware of the con­tent on our web­site. You may not oth­er­wise extract, repro­duce or dis­trib­ute the con­tent of our web­site with­out our pri­or writ­ten con­sent.
    • When­ev­er you print, down­load, share or pass on con­tent from our web­site to oth­ers, you must not make any addi­tions or dele­tions or oth­er­wise mod­i­fy any text from our web­site, you must not alter or change any images, media or graph­ics from our web­site in any way, you may not remove any accom­pa­ny­ing text from such images, media or graph­ics, and you must ensure that all con­tent passed on to any third par­ty is an accu­rate rep­re­sen­ta­tion of the con­tent as it appears on our web­site.
    • You are pro­hib­it­ed from using any robots, spi­ders, data min­ing or scrap­ing tech­nol­o­gy or any sim­i­lar third-par­ty tools for the extrac­tion or repro­duc­tion of any data or con­tent from our web­site with­out our pri­or writ­ten con­sent.
    • When­ev­er you pass on any con­tent or mate­ri­als from our web­site to any­one, you must acknowl­edge us as the authors of such con­tent or mate­ri­als (or any oth­er authors wher­ev­er cred­it­ed by us) at the time when you pass on such con­tent or mate­ri­als.

 

  1. Pro­hib­it­ed uses of our web­site
    • You must not repro­duce, dupli­cate, copy or resell any part of our web­site or any con­tent from our web­site, save and except to the extent express­ly per­mit­ted in these Terms of Use.
    • You must not, with­out our pri­or writ­ten con­sent, access, inter­fere with, dam­age or dis­rupt in any way our web­site or any part of it, our sys­tems, any of our hard­ware or equip­ment or any net­works on which our web­site is host­ed, any soft­ware that we use to cre­ate or mod­i­fy the web­site or to make the web­site avail­able to you, or any hard­ware, equip­ment, net­work, serv­er, soft­ware or tech­nol­o­gy owned or oper­at­ed by us or any third par­ty.
    • You must use our web­site for law­ful pur­pos­es only and in accor­dance with these Terms of Use. You must not use our web­site:
      • for any pur­pose that is unlaw­ful or that in any way breach­es any applic­a­ble laws or reg­u­la­tions, whether local, nation­al or inter­na­tion­al;
      • for any fraud­u­lent pur­pos­es what­so­ev­er;
      • to con­duct any unso­licit­ed or unau­tho­rised adver­tis­ing or direct or indi­rect mar­ket­ing to any­one by any means, or to oth­er­wise spam, com­mu­ni­cate with or mar­ket to any­one any goods, ser­vices or busi­ness not autho­rised by us;
      • to upload, host or trans­mit any virus­es, mal­ware, adware, spy­ware, worms, Tro­jan hors­es, key­stroke log­gers, spy­ware, log­ic bombs, time bombs or any oth­er harm­ful pro­grams or code which could adverse­ly affect the use or oper­a­tion of the web­site, our hard­ware or sys­tems, or the com­put­ers, tablets, phones or oth­er devices of any users or oth­er third par­ties, or to upload any con­tent or mate­ri­als con­tain­ing any such con­tent;
      • to com­mu­ni­cate with, harm or attempt to harm chil­dren in any way; or
      • in any way or for any pur­pose that breach­es these Terms of Use or the terms of any of the doc­u­ments these Terms of Use refer to.
    • You must not sub­mit any infor­ma­tion about you to us if you are under the age of 18, or about any oth­er per­son who is either:
      • under the age of 18; or
      • if they are aged 18 or above, where you have not received their pri­or writ­ten con­sent to sub­mit infor­ma­tion about them to us.
    • You must not sub­mit to us any infor­ma­tion which is con­sid­ered ‘sen­si­tive per­son­al infor­ma­tion’. ‘Sen­si­tive per­son­al infor­ma­tion’ is infor­ma­tion about you or any oth­er per­son which reveals your or their racial or eth­nic ori­gin, polit­i­cal opin­ions, reli­gious or philo­soph­i­cal beliefs, trade union mem­ber­ship or which is genet­ic data, bio­met­ric data, infor­ma­tion which con­cerns your or their health, sex life or sex­u­al ori­en­ta­tion.
    • If you acci­den­tal­ly or inten­tion­al­ly sub­mit such infor­ma­tion to us, you will be con­sid­ered to have con­sent­ed to our pro­cess­ing of that infor­ma­tion on the basis of Arti­cle 9(2)(a) of the Gen­er­al Data Pro­tec­tion Reg­u­la­tion (Reg­u­la­tion (EU) 2016/769).

 

  1. Virus­es and oth­er harm­ful con­tent
    • We do not guar­an­tee that our web­site does not con­tain virus­es or oth­er mali­cious soft­ware.
    • We shall not be respon­si­ble for any bugs or virus­es on our web­site, or any soft­ware that might be trans­ferred to your com­put­er from our web­site, or any con­se­quences which the pres­ence or oper­a­tion of such pro­grams may have.
    • You must ensure that you have in place up-to-date and effec­tive anti-virus pro­tec­tion on your com­put­er or oth­er brows­ing device.
    • You must not upload or oth­er­wise intro­duce to our web­site any virus­es, mal­ware, spy­ware, adware, Tro­jan hors­es, worms, log­ic bombs, time bombs, key­stroke log­gers or any oth­er pro­grams or code that is harm­ful or mali­cious.
    • You must not use any third par­ties, soft­ware or tech­nol­o­gy to attempt to gain unau­tho­rised access to our web­site, our servers, sys­tems, hard­ware, soft­ware or data.
    • You must not attempt to per­form any denial of ser­vice type attack on our web­site.
    • You must not per­form any action which would con­tra­vene the Com­put­er Mis­use Act 1990.
    • We may report any breach or sus­pect­ed breach of this clause 11 (Virus­es and oth­er harm­ful con­tent) to the rel­e­vant author­i­ties and may dis­close your iden­ti­ty.

 

  1. Links to oth­er web­sites
    • Links to third par­ty con­tent or web­sites may appear on our web­site from time to time. We are not respon­si­ble for the con­tent of any web­sites acces­si­ble via any link(s) on our web­site. All con­tent on third par­ty web­sites is out­side of our con­trol, and we do not rep­re­sent or war­rant that such con­tent is relat­ed to us or our web­site, suit­able or appro­pri­ate for use or view­ing, law­ful or accu­rate.
    • Any third-par­ty web­site acces­si­ble via a link on our web­site may col­lect and process your infor­ma­tion. We are not respon­si­ble for any data-pro­cess­ing activ­i­ties car­ried out by any third-par­ty web­site which is linked to from our web­site, and we dis­claim any and all lia­bil­i­ty in respect of the same. You should check the pri­va­cy pol­i­cy of any such third par­ty to estab­lish how they may use your infor­ma­tion before you decide to use their web­site and its fea­tures.

 

  1. Links to our web­site
    • You may not link to our web­site with­out our pri­or writ­ten con­sent.
    • Where you have obtained our con­sent to link to our web­site:
      • you may pro­vide links to our web­site on oth­er web­sites owned by you, pro­vid­ed that such web­sites and the use of any links to our web­site com­ply with these Terms of Use;
      • wher­ev­er you post a link to our web­site on any oth­er web­site, you agree that you will do so in an appro­pri­ate man­ner, and not in any way which is defam­a­to­ry or dis­parag­ing towards us, which mis­rep­re­sents us or our busi­ness, or which caus­es any harm what­so­ev­er to us or our busi­ness; and
      • you must not link to our web­site in order to sug­gest any form of joint ven­ture, part­ner­ship, col­lab­o­ra­tion, affil­i­a­tion, busi­ness rela­tion­ship, approval or endorse­ment in con­nec­tion with us where none exists and in any event, with­out hav­ing first obtained our pri­or writ­ten con­sent.
    • We may with­draw per­mis­sion to link to our web­site at any time. In the event that we with­draw per­mis­sion to link to our web­site and inform you of the same, you must imme­di­ate­ly remove or cause to be removed any links to our web­site.

 

  1. EXCLUSIONS AND LIMITATIONS OF LIABILITY
    • We do not exclude our lia­bil­i­ty to you where it would be unlaw­ful to do so, for exam­ple, for death or per­son­al injury caused by our neg­li­gence. If applic­a­ble law does not allow all or any part of the below lim­i­ta­tions of lia­bil­i­ty to apply to you, the lim­i­ta­tions will apply to you only to the max­i­mum extent per­mit­ted by applic­a­ble law.
    • SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:
      • YOUR USE OF OUR WEBSITE;
      • ANY CORRUPTION OR LOSS OF DATA;
      • ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);
      • ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
      • ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;
      • ANY LOSS OF REPUTATION OR GOODWILL;
      • ANY LOSS OF SAVINGS;
      • ANY LOSS OF A CHANCE OR OPPORTUNITY; OR
      • ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,

AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.

  • WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
  • You specif­i­cal­ly agree that we shall not be liable for any con­tent or the defam­a­to­ry, offen­sive or ille­gal con­duct of any third par­ty and that the risk of harm or dam­age from the fore­go­ing rests entire­ly with you.
  • YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
  • To the extent that any of the pro­vi­sions of this clause 14 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) are unen­force­able as out­right exclu­sions of lia­bil­i­ty, they shall be con­strued as lim­i­ta­tions on lia­bil­i­ty, lim­it­ing our lia­bil­i­ty to you to the max­i­mum extent per­mit­ted by law.

 

  1. INDEMNIFICATION
    • You (and also any third par­ty for or on behalf of whom you oper­ate an account or activ­i­ty on the web­site) agree to defend (at our request), indem­ni­fy and hold us harm­less from and against any claims, lia­bil­i­ties, dam­ages, loss­es and expens­es, includ­ing, with­out lim­i­ta­tion, rea­son­able legal and attor­neys’ fees and costs, aris­ing out of or in any way con­nect­ed with any of the fol­low­ing (includ­ing as a result of your direct activ­i­ties on the web­site or those con­duct­ed on your behalf):
      • your uploads, access to or use of the web­site;
      • your breach or alleged breach of these Terms of Use;
      • your vio­la­tion of any third-par­ty right, includ­ing, with­out lim­i­ta­tion, any intel­lec­tu­al prop­er­ty right, pub­lic­i­ty, con­fi­den­tial­i­ty, prop­er­ty or pri­va­cy right;
      • your vio­la­tion of any laws, rules, reg­u­la­tions, codes, statutes, ordi­nances or orders of any gov­ern­men­tal and qua­si-gov­ern­men­tal author­i­ties, includ­ing, with­out lim­i­ta­tion, all reg­u­la­to­ry, admin­is­tra­tive and leg­isla­tive author­i­ties; or
      • any mis­rep­re­sen­ta­tion made by you.
    • You will coop­er­ate as ful­ly required by us in the defence of any claim. We reserve the right to assume the exclu­sive defence and con­trol of any mat­ter sub­ject to indem­ni­fi­ca­tion by you, and you will not, in any event, set­tle any claim with­out our pri­or writ­ten con­sent.

 

  1. DISCLAIMERS
    • THE WEBSITE IS PROVIDED ON ANAS IS”, “AS AVAILABLEANDWITH ALL FAULTSBASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
      • THE SERVICE;
      • THE WEBSITE CONTENT;
      • USER CONTENT; OR
      • SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.

IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

  • WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
  • BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
  • WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

 

  1. AGE RESTRICTIONS ON USE OF OUR WEBSITE

 

  • Our web­site and any prod­ucts or ser­vices avail­able on or via the web­site are not intend­ed for use by indi­vid­u­als under the age of 18.

 

  • IF YOU ARE UNDER THE AGE OF 18, YOU MUST NOT USE OUR WEBSITE, PURCHASE OR ATTEMPT TO PURCHASE ANY OF OUR PRODUCTS OR SERVICES, OR SUBMIT ANY INFORMATION ABOUT YOU OR ANYONE ELSE TO US.

 

  • We do not know­ing­ly or inten­tion­al­ly process infor­ma­tion about any indi­vid­ual under the age of 18.

 

  1. Gov­ern­ing law and juris­dic­tion
    • These Terms of Use, any doc­u­ments they refer to, and any dis­putes aris­ing from or in rela­tion to them or any doc­u­ments they refer to, whether con­trac­tu­al or non-con­trac­tu­al, shall be gov­erned by and con­strued in accor­dance with Eng­lish law.
    • The courts of Eng­land and Wales shall have exclu­sive juris­dic­tion over any claims or dis­putes aris­ing from or in rela­tion to these Terms of Use and any doc­u­ments they refer to.

 

  1. Copy­right
    • The copy­right in these Terms of Use is either owned by, or licensed to, us and is pro­tect­ed by copy­right laws around the world and copy­right pro­tec­tion soft­ware. Unless express­ly indi­cat­ed oth­er­wise, all intel­lec­tu­al prop­er­ty rights in this doc­u­ment and else­where on our web­site, includ­ing any con­tent on our web­site, are reserved.