1. Definitions and interpretation
1.1.1 – In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Content”||means all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, the Site;|
|“User”||means a user of the Site; and|
|“User Content”||means any content submitted to the Site by Users including, but not limited to reviews.|
2. Information about us
The Site is owned and operated by Qushy Limited, a limited company registered in England under company number 10273959, and whose registered address is Suite 238, 179 Whiteladies Road, Clifton, Bristol, BS8 2AG.
3. Access to The Site
3.1.1 – Access to the Site is free of charge.
3.1.2 – It is your responsibility to make all arrangements necessary in order to access the Site.
3.1.3 – Access to the Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Site (or any part of it) at any time and without notice. We won’t be liable to you in any way if the Site (or any part of it) is unavailable at any time.
4.1.1 – Certain parts of the Site (including the ability to purchase goods from us) may require an Account in order to access them.
4.1.2 – You may not create an Account if you are under 18 years of age.
4.1.3 – When creating an Account, the information you provide must be accurate and complete. If any of your information changes, it’s your responsibility to ensure that your Account is kept up-to-date.
4.1.4 – We suggest that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It’s your responsibility to keep your password safe. You mustn’t share your Account with anyone else. If you believe your Account is being used without your permission, please contact us immediately. We won’t be liable for any unauthorised use of your Account.
4.1.5 – You must not use anyone else’s Account.
4.1.6 – Any personal information provided in your Account will be collected, used, and held in accordance with your rights and our legal obligations.
4.1.7 – If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of the Site requiring an Account for access.
5. Intellectual Property Rights
5.1.1 – With the exception of User Content, all Content included on the Site and the copyright and other intellectual property rights over that Content, unless labelled otherwise, belongs to or has been licensed by us. All Content (including User Content) is protected by applicable intellectual property laws and treaties.
5.1.2 – Subject to Clause 5.3 you mustn’t reproduce, copy, distribute, sell, rent, sub-licence, store or in any other manner re-use Content from the Site unless we give you express written permission to do so.
5.1.3 – You may:
5.1.3.a.2 – download the Site (or any part of it) for caching;
5.1.3.a.3 – print page(s) from the Site;
5.1.3.a.4 – download extracts from pages on the Site; and
5.1.3.a.5 – save pages from the Site for later and/or offline viewing.
5.1.4 Our status as the owner and author of the Content on the Site (or that of identified licensors, as appropriate) must always be acknowledged.
5.1.5 – You mustn’t use any Content printed, saved or downloaded from the Site for commercial purposes.
6. User Content
6.1.1 – You need an Account if you wish to submit User Content.
6.1.2 – You agree that you’ll be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with our acceptable usage policy detailed below.
6.1.3 – You agree that you’ll be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by you under Clause 6.2. You’ll be responsible for any loss or damage suffered by us as a result of such breach.
6.1.4 – You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights over it. When you submit User Content you grant us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting the Site. In addition, you also grant other Users the right to copy and quote your User Content within the Site.
6.1.5 – We may reject, reclassify or remove User Content from the Site where, in our opinion, it violates our acceptable usage policy or if we receive a complaint from a third party and determine that the User Content in question should be removed as a result.
7. Links to the Site
7.1.1 – Subject to Clause 7.2, you may link to any page of the Site provided that you:
7.1.1.a.2 – do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;
7.1.1.a.3 – do not use any logos or trade marks displayed on the Site without our express written permission; and
7.1.1.a.4 – you do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.
7.1.2 – Framing or embedding of the Site on other websites is not permitted without our express written permission.
7.1.3 – You may not link to the Site from any other site the main content of which contains material that:
7.1.3.a.2 – is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.1.3.a.3 – promotes violence;
7.1.3.a.4 – promotes or assists in any form of unlawful activity;
7.1.3.a.5 – discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
7.1.3.a.6 – is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.1.3.a.7 – is calculated or is otherwise likely to deceive another person;
7.1.3.a.8 – is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.1.3.a.9 – misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this Clause 7.3);
7.1.3.a.10 – implies any form of affiliation with us where none exists;
7.1.3.a.11 – infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
7.1.3.a.12 – is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8. Links to other sites
Links to other sites may be included on the Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on the Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
9.1.1 – Nothing on the Site constitutes advice on which you should rely. It is provided for general information purposes only.
9.1.2 – To the fullest extent legally permitted, we make no representation, warranty or guarantee that the Site will meet your requirements, that it won’t infringe the rights of third parties, that it’ll be compatible with all software and hardware or that it’ll be secure. If, as a result of our failure to exercise reasonable care and skill, any digital content from the Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
9.1.3 – We make reasonable efforts to ensure that the Content on the Site is complete, accurate and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate or up-to-date. (This exception does not apply to information concerning goods for sale through the Site. Please refer to Terms and Conditions of Sale.)
10. Our liability
10.1.1 – The provisions of this Clause 10 apply only to the use of the Site and not to the sale of goods, which is governed separately by Terms and Conditions of Sale.
10.1.2 – To the fullest extent legally permissible, we accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Site or the use of or reliance upon any Content (including User Content) included on the Site.
10.1.3 – To the fullest extent legally permissible, we exclude all representations, warranties and guarantees (whether express or implied) that may apply to the Site or any Content included on the Site.
10.1.4 – The Site is intended for non-commercial use (ie by consumers) only. If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
10.1.5 – We exercise reasonable skill and care to ensure that the Site is free from viruses and malware. However, subject to Clause 9.2, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Site (including the downloading of any Content from it) or any other site referred to on the Site.
10.1.6 – We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war or legal restrictions and censorship.
10.1.7 – Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which can’t be excluded or restricted under English law.
11. Viruses, malware and security
11.1.1 – We exercise reasonable skill and care to ensure that the Site is secure and free from viruses and malware.
11.1.2 – You’re responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
11.1.3 – You mustn’t deliberately introduce viruses, malware or any other material which is malicious or technologically harmful either to or via the Site.
11.1.4 – You mustn’t attempt to gain unauthorised access to any part of the Site, the server on which the Site is stored or any other server, computer, or database connected to the Site.
11.1.5 – You must not attack the Site by means of a denial of service attack, a distributed denial of service attack or by any other means.
11.1.6 – By breaching the provisions of Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any such breaches will be reported to the relevant law enforcement authorities and we’ll cooperate fully with those authorities by disclosing your identity to them. Your right to use the Site will cease immediately in the event of such a breach.
12. Acceptable usage policy
12.1.1 – You may only use the Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
12.1.1.a.2 – you must not use the Site in any way, or for any purpose, that is unlawful or fraudulent;
12.1.1.a.3 – you mustn’t use the Site to knowingly send, upload or in any other way transmit data that contains any form of virus, malware or any other code designed to adversely affect computer hardware, software, or data of any kind; and
12.1.1.a.4 – you mustn’t use the Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
12.1.2 – When submitting User Content (or communicating in any other way using the Site), you must not submit, communicate or otherwise do anything that:
12.1.2.a.2 – is obscene, deliberately offensive, hateful or otherwise inflammatory;
12.1.2.a.3 – promotes violence;
12.1.2.a.4 – promotes or assists in any form of unlawful activity;
12.1.2.a.5 – discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
12.1.2.a.6 – is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.1.2.a.7 – is calculated or is otherwise likely to deceive;
12.1.2.a.8 – is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
12.1.2.a.9 – misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this Clause 12.2);
12.1.2.a.10 – implies any form of affiliation with us where none exists;
12.1.2.a.11 – infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
12.1.2.a.12 – is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.1.3 – We reserve the right to suspend or terminate your access to the Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms and Conditions. Specifically, we may take one or more of the following actions:
12.1.3.a.2 – remove any User Content submitted by you that violates this acceptable usage policy;
12.1.3.a.3 – issue you with a written warning;
12.1.3.a.4 – take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.1.3.a.5 – take further legal action against you as appropriate;
12.1.3.a.6 – disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
12.1.3.a.7 – any other actions which we deem reasonably appropriate.
12.1.4 – We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms and Conditions.
13. Data protection, privacy and cookies
14. Changes to these Terms and Conditions
14.1.1 – We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of the Site after the changes have been implemented. You’re therefore advised to check this page from time to time.
14.1.2 – If there’s any conflict between the current version of these Terms and Conditions and any previous version(s), the current provisions shall prevail unless it is expressly stated otherwise.
15. Contacting us
16. Communications from us
16.1.1 – If we have your contact details (if, for example, you have an Account) we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions and/or changes to your Account.
16.1.2 – We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. All marketing emails sent by us include an unsubscribe link. If you opt out of receiving marketing emails from us at any time, it may take up to [30 days] for us to comply with your request. During that time, you may continue to receive emails from us.
17. Law and Jurisdiction
17.1.1 – These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.1.2 – Any disputes concerning these Terms and Conditions, the relationship between you and Us or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your address.