TERMS OF WEBSITE USE

Last Updated: May 2013

This page (together with the documents referred to on it) tells you the terms of use (“Terms”) on which you may make use of Our website breakthemold.co.uk (“Site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Site. By using Our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these Terms, please refrain from using Our Site.

INFORMATION ABOUT US

breakthemold.co.uk is a Site operated by Nexian Ventures Limited (“Nexian”, “We”, “Us” and “Our”). We are a limited liability company registered in England and Wales under company registration number 07871988 and have Our registered office at 64 Southwark Bridge Road, London, SE1 0AS. VAT number pending.

ACCESSING OUR SITE

Access to Our Site is permitted on a temporary basis, and We reserve the right to suspend, withdraw or amend the content or service We provide or advertise on Our Site (in whole or in part) without notice and without the need to give a reason. We will not be liable if for any reason Our Site is unavailable at any time or for any period.

From time to time, We may restrict access to some parts of Our Site, or Our entire Site, to users who have registered with Us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code, password or other piece of information, whether chosen by you or allocated by Us, at any time, if in Our opinion you have failed to comply with any of the provisions of these Terms. We may also disable your user identification code, password or other piece of information in Our sole discretion without notice or explanation.

You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms, and that they comply with them.

PROHIBITED USES

You may use Our Site only for lawful purposes. You may not use Our Site:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • in any way that causes, or may cause, damage to Our Site or impairment of the availability or accessibility of Our Site or which is otherwise harmful in nature;
  • for the purpose of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with Our content standards (see below);
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
  • to knowingly transmit any data, send or upload any material that contains (including without limitation) viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of Our Site in contravention of these terms;
  • not to attack Our Site via a denial-of-service attack or a distributed denial-of service attack; and
  • not to access without authority, interfere with, damage or disrupt: (a) any part of Our Site; (b) any equipment, server or network on which Our Site is stored or any server, computer or database connected to Our Site; (c) any software used in the provision of Our Site; or (d) any equipment or network or software owned or used by any third party.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.

INTERACTIVE SERVICES

We may from time to time provide interactive services on Our Site, including, without limitation:

  • chat rooms; and/or
  • bulletin boards,

(“Interactive Services”).

Where We do provide any Interactive Service, We will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do Our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on Our Site, and We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, We are under no obligation to oversee, monitor or moderate any Interactive Service We provide on Our Site, and We expressly exclude Our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of Our content standards, whether the service is moderated or not.

The use of any of Our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them.

Where We do moderate an Interactive Service, We will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material that you contribute to Our Site (“Contributions”), and to any Interactive Services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.

Contributions must:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions); and
  • comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • contain any material that is defamatory of any person;
  • contain any material that is obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from Us, if this is not the case; and/or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

We reserve the right to edit or remove any Contributions submitted to Our Site, or stored on Our servers or hosted or published on Our Site.

By submitting Contributions to Our Site, you warrant that any such contribution complies with these terms, and you indemnify Us for any breach of that warranty.

Any Contributions you submit to Our Site will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

Notwithstanding Our rights under these Terms in relation to Contributions, We do not undertake to monitor the submission of such Contributions to, or the publication of such Contributions on, Our Site. We will not be responsible, or liable to any third party, for the content or accuracy or completeness of any Contributions submitted by a user of Our Site.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from Our Site for your personal reference and you may draw the attention of others within your organisation to material posted on Our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.

You must not use any part of the materials on Our Site for commercial purposes without obtaining a written licence to do so from Us or Our licensors.

If you print off, copy or download any part of Our Site in breach of these terms of use, your right to use Our Site will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, or by anyone who may be informed of any of its contents.

ELECTRONIC COMMUNICATIONS

When you use any of Our services or send emails to Us, you are communicating with Us electronically. We may communicate with you by email or by posting notices on the Site or through Our other services. For contractual purposes, you consent to receive communications from Us electronically and you agree that all agreements, notices, disclosures and other communications that We provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

OUR SITE CHANGES REGULARLY

We aim to update Our Site regularly, and may change the content at any time. If the need arises, We may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and We are under no obligation to update such material.

OUR LIABILITY

The material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We, other members of Our group of companies and third parties connected to Us hereby expressly exclude:

    • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
    • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Site or in connection with the use, inability to use, or results of the use of Our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • o loss of income or revenue;
  • o loss of business;
  • o loss of profits or contracts;
  • o loss of anticipated savings;
  • o loss of data;
  • o loss of goodwill;
  • o wasted management or office time, and
  • o for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

We will not be held responsible for any delay or failure to comply with Our obligations under these conditions if the delay or failure arises from any cause which is beyond Our reasonable control.

This does not affect Our liability for death or personal injury arising from Our negligence, nor Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INDEMNITY

You hereby indemnify, on demand on a continuing basis, and hold Us, other members of Our group of companies and third parties connected to Us and Our, its or their employees, officers, directors and agents (“Indemnified Parties”) harmless from and against all liabilities, damages, losses, claims, charges, demands, costs and other expenses (including, without limitation, legal fees and any amounts paid by Us to a third party in settlement of a claim or dispute) paid, incurred, suffered or made against the Indemnified Parties directly or indirectly arising out of any negligence, willful default, fraud and/or breach by you of any provision of these Terms or other liabilities arising out of your use of Our Site.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with Our Privacy Policy. By using Our Site, you consent to such processing and you warrant that all data provided by you is true and accurate.

TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the supply of good or services formed through Our Site or as a result of visits made by you are governed by Our Terms of Supply.

OTHER BUSINESSES

Parties other than Us may operate stores, provide services, or sell product lines on this Site. In addition, We may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and We may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

LINKING TO OUR SITE

You may link to Our home page, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other website, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms.

If you wish to make any use of material on Our Site other than that set out above, please address your request to admin@breakthemold.co.uk.

LINKS FROM OUR SITE

Where Our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

SERVICE AVAILABILITY

We will do Our utmost to ensure that availability of Our services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Our services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

SUSPENSION AND TERMINATION

We will determine, in Our sole and absolute discretion, whether there has been a breach of these terms through your use of Our Site. When a breach of these terms has occurred, We may take such action as We deem appropriate in Our sole and absolute discretion.

Failure to comply with these terms constitutes a material breach of these terms upon which you are permitted to use Our Site, and may result in Our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use Our Site;
  • immediate, temporary or permanent removal of any posting or material uploaded by you to Our Site;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you; and/or
  • disclosure of such information to regulatory and/or law enforcement authorities as We reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and We may take any other action We reasonably deem appropriate.

WAIVER

If you breach these terms and We take no action, We will still be entitled to use Our rights and remedies in any other situation where you breach these Terms.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site, although We retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other country.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

TRADE MARKS

Any trade marks shown on the Site are the trade marks of Nexian.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We may make, as they are legally binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on Our Site.

YOUR CONCERNS

If you have any concerns about material that appears on Our Site, please contact shop@breakthemold.co.uk.

 

Thank you for visiting Our Site.