(1)
Introduction
These terms of use govern your use of our
website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part
of these terms of use, you must not use our website.
(2)
Licence to use website
Unless otherwise stated, we or our licensors
own the intellectual property rights in the website and material on the website. Subject
to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes
only, from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of
use.
You must not:
(a)
republish material from this website (including republication on another website);
(b)
sell, rent or sub-license material from the website;
(c)
show any material from the website in public;
(d)
reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e)
edit or otherwise modify any material on the website; or
(f)
redistribute material from this website.
(3) Acceptable
use
You must not use our website in any way that
causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way
which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose
or activity.
You must not use our website to copy, store,
host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus,
Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated
data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or
in relation to our website without our express written consent.
You must not use our website to transmit or
send unsolicited commercial communications.
You must not use our website for any purposes
related to marketing without our express written consent.
(4)
Restricted access
We reserve the right to restrict access to
areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password
to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and
password is kept confidential.
We may disable your user ID and password in
our sole discretion without notice or explanation.
(5)
User generated content
In these terms of use, “your user content”
means material (including without limitation text, images, audio material, video material and audio-visual material) that
you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable,
non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing
or future media. You also grant to us the right to sub-license these rights,
and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful,
must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you
or us or a third party (in each case under any applicable law).
Your user content (and its publication on
our website) must not:
(a)
be libellous or maliciously false;
(b)
be obscene or indecent;
(c)
infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other
intellectual property right;
(d)
infringe any right of confidence, right of privacy, or right under data protection legislation;
(e)
constitute negligent advice or contain any negligent statement;
(f)
constitute an incitement to commit a crime;
(g)
be in contempt of any court, or in breach of any court order;
(h)
be in breach of racial or religious hatred or discrimination legislation;
(i)
be blasphemous;
(j)
be in breach of official secrets legislation;
(k)
be in breach of any contractual obligation owed to any person;
(l)
depict violence in a explicit, graphic or gratuitous manner;
(m)
be pornographic or sexually explicit;
(n)
be untrue, false, inaccurate or misleading;
(o)
consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon,
cause illness, injury or death, or any other loss or damage;
(p)
constitute spam;
(q)
be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r)
cause annoyance, inconvenience or needless anxiety to any person.
Your user content must be appropriate, civil,
tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
You must not use our website to link to any
website or web page consisting of or containing material that would, were it posted on our website, breach the provisions
of these terms of use.
You must not submit any user content to the
website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any
material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms
of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of
such content on, our website.
(6)
Limited warranties
You acknowledge that some of the information
published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this
website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable
law we exclude all representations, warranties and conditions relating to this website and the use of this website (including,
without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable
care and skill).
(7)
Limitations of liability
Nothing in these terms of use (or elsewhere
on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for
any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation
to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence)
or otherwise, will be limited as follows:
(a)
to the extent that the website and the information and services on the website are provided free-of-charge, we will
not be liable for any loss or damage of any nature;
(b)
we will not be liable for any consequential, indirect or special loss or damage;
(c)
we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill,
reputation, data, or information;
(d)
we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
(e)
our maximum liability in relation to any event or series of related events will be limited to £50.
You accept that we have an interest in limiting
the personal liability of our officers and employees. Having regard to that interest,
you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual
officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions
of our officers and employees.
You agreed to the publication of comments,
reviews and/or feedback relating to you, by others, on our website. You acknowledge
that such comments, reviews and/or feedback may be critical or defamatory; and you agree that you will not hold us liable
in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware
of such comments, reviews and/or feedback.
(8) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages,
costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in
settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach
by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms
of use.
(9) Breaches
of these terms of use
Without prejudice to our other rights under
these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these
terms of use in any way, we may:
(a)
send you one or more formal warnings;
(b)
temporarily suspend your access to the website;
(c)
permanently prohibit you from accessing the website;
(d)
block computers using your IP address from accessing the website;
(e)
contact your internet services provider and request that they block your access to the website;
(f)
bring court proceedings against you for breach of contract or otherwise;
(g)
suspend and/or delete your account with the website; and/or
(h)
delete and/or edit any or all of your user generated content.
Where we suspend or prohibit or block your
access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition
or blocking (including without limitation creating and/or using a different account).
(10) Third
party websites
Our website includes hyperlinks to other websites
owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility
for them or for any loss or damage that may arise from your use of them.
(11) Trade
marks
one-wish.co.uk and our logo are trade marks
belonging to us. We give no permission for the use of these trade marks, and
such use may constitute an infringement of our rights.
The other registered and unregistered trade
marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse
and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such
rights.
(12) Competitions
From time to
time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms
and conditions (that we will make available to you as appropriate).
(13) Variation
We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication
of the revised terms of use on our website. Please check this page regularly
to ensure you are familiar with the current version.
(14)
Assignment
We may transfer,
sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining
your consent.
You may not transfer,
sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
(15) Severability
If a provision of these terms of use is determined
by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part
of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(16) Exclusion of third party rights
These terms of use are for the benefit of
you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of
any third party.
(17) Entire agreement
These terms of use, together with our privacy
policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous
agreements in respect of your use of this website.
(18)
Law and jurisdiction
These terms of use will be governed by and
construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive
jurisdiction of the courts of England and Wales.
(19) Our details
Our address is Mr M.Rigby 33
Tintern Avenue, Manchester, M20 2ND, UK.
You can contact us by email to legal@one-wish.co.uk
