These Terms apply to all visitors, users and others who access or use the Website.
By accessing or using the Website you confirm that you accept and agree to be bound by these Terms. If you disagree with any part of the Terms then you must not access the Website. Your access to and use of the Website is conditional on your acceptance of, and compliance with, these Terms.
These Terms refer to the following additional terms, which also apply to your use of the Website:
If you download the Cloudbanter application (“Service”) from the Google Play and/or your mobile telephone operator our terms and conditions of service for the Service will apply.
- Cloudbanter Ltd
- Company Registration: 09272325
- Registered Office: Lynton House, 7-12 Tavistock Square, London WC1H 9LT, United Kingdom
- Trading Office: 83 Baker Street, London W1U 6AG, United Kingdom
- VAT Registration: 205 0336 60
Use of the Website
You must not:
- use the Website for commercial purposes;
- use the Website for criminal, unlawful, misleading, malicious or discriminatory purposes;
- bully, intimidate, or harass any user or advertiser of the Website;
- try to access, or access, any Online Account (defined below) belonging to a third party;
- post content that is, in the opinion of the Company, inappropriate;
- post private or confidential information via the Website;
- interfere or disrupt the Website or servers or networks connected to the Website, including by transmitting any spyware or other malicious software to the Website;
- knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; and
- solicit, collect or use the login credentials of other Website or Online Account user(s).
Content and Intellectual Property
The Website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Company and its licensors. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on our Website or our trade mark, logo or trade dress without obtaining a licence to do so from us or our licensors.
Cloudbanter Ltd is the registered owner of the following UK registered trademark:
Our Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Website including any Online Account, including its legality, reliability, and appropriateness.
All Content must comply with these Terms and the Company reserves the right to remove any Content which, in its opinion, is not appropriate or breaches these Terms.
When you upload Content you give the Company a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, communicate and perform that Content across any media, at the Company’s sole discretion, in relation to the promotion and functionality of the Website, Service or otherwise.
You retain any and all of your rights to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights.
You agree that the licence you grant us includes the right for us to make your Content available to other users of the Website and the Service, who may also use your Content subject to these Terms and to third party advertisers for purposes which are agreed between the Company and the third party advertiser.
You represent and warrant that:
- the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms; and
- the posting of your Content on or through the Website or the Online Account does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Our Website is made available free of charge.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis.
We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements and payments necessary for you to have access to our Website.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
You may create an account with us to provide us with feedback on the Service (“Online Account”) only. Your use of your Online Account must comply with these Terms. When you create an Online Account, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Online Account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, or Online Account, if in our opinion you have failed to comply with any of the provisions of these Terms.
You are responsible for safeguarding the password that you use to access the Online Account and for any activities or actions under your password, whether your password is with our Website or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately via www.cloudbanter.com upon becoming aware of any breach of security or unauthorized use of your Online Account.
You may not use as a username any of the following:
- the name of another person or entity or that is not lawfully available for use;
- a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or
- a name that is otherwise offensive, vulgar or obscene.
You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
Links to Other Websites
Our Website may contain links to third-party websites or services that are not owned or controlled by Company (“Third Party Sites”).
Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Sites. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any Third Party Sites.
You will need to make your own independent judgement regarding your interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them. We strongly advise you to read the terms and conditions and privacy policies of any third-party adverts, content, web sites or services that you visit. If you agree to purchase goods and/or services from any third party who advertises on the Website, you do so at your own risk. The advertiser, not Company, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
You agree to defend, indemnify on demand and hold harmless Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including but not limited to attorney’s fees) in connection with:
- your use and access of the Website, by you or any person using your Online Account;
- a breach of these Terms by you; and/or
- Content posted on the Website or Online Account by you.
Limitation of Liability
We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, in connection with:
- use of, or inability to use, our Website;
- use of, or reliance on, any content displayed on our Website; or
- any virus, attack or technologically harmful material that may infect any device, computer, data or other material.
If you are a commercial user, please note that we only provide our Website for domestic and private use. If you are a commercial user, please note that, in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
The Company’s total and aggregate liability to you in respect of all losses arising under or in connection with their use of the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100.
Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; and
- any other liability that cannot be excluded or limited by English law.
Your use of the Website is at your sole risk. To the extent permitted by law, the Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
You are responsible for configuring your information technology, computer programmes and platform in order to access this Website. You should use your own virus protection software.
Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
In the event that a dispute arises in connection with these Terms you agree that the courts of England and Wales shall have exclusive jurisdiction over the matter.
Changes to the Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.
Other Important Terms
We may transfer our rights and obligations under the Terms to another organisation.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements between us regarding the Website.
If you have any questions about these Terms, please contact us.
Last updated: 27 July 2015