TERMS OF SERVICE
These Terms of Service, together with any and all other documents referred to herein, set out the terms of service under which you may use this website, https://trikz.co.uk/ (“Our Site”). Please read these Terms of Service carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Service is deemed to occur upon your first use of Our Site and you will be required to read and accept these Terms of Service when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Service, you must stop using Our Site immediately.
1. Definitions and Interpretation
1.1 In these Terms of Service, unless the context otherwise requires, the following expressions have the following meanings:
means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
means any and 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, Our Site;
means a contract for the purchase of a Subscription to access Promotions, as explained in Clause 6;
means digital advertising made available for sale via Our Site;
means a subscription to Our Site providing access to Promotions;
means the reference number for your Subscription; and
means a user of Our Site;
means any content submitted to Our Site by Users including, but not limited to, text, pictures, and multimedia; and
means RedBlanc, whose registered address is 483 Green Lanes, London, N13 4BS.
2. Information About Us
2.1 Our Site, https://trikz.co.uk/, is owned and operated by RedBlanc, whose registered address is 483 Green Lanes, London, N13 4BS.
2.2 We are regulated by the Advertising Standards Authority, the Office of Communication, and the Information Commissioner’s Office.
3. Access to Our Site and Age Restrictions
3.1 You must be aged 18 or over to use Our Site. If We have any reason to suspect that you are under this age, We reserve the right to suspend or terminate your access to Our Site.
3.2 Access to Our Site is free of charge.
3.3 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.4 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.5 Consumers may only purchase Subscriptions and access Promotions through Our Site if they are at least 18 years of age.
4.1 Certain parts of Our Site (including the ability to purchase Promotions from Us) may require an Account in order to access them.
4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up to date.
4.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at email@example.com. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 22.
4.7 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 Our Site requiring an Account for access.
4.8 If you close your Account, any User Content e.g., text, pictures, and multimedia you have created on Our Site will be deleted.
5. Subscriptions, Promotions, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all descriptions of Subscriptions and Promotions available from Us correspond to the actual Subscription and Promotions that you will receive.
5.2 Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies.
5.3 We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least ten calendar days before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 11.1.
5.4 Minor changes may, from time to time, be made to certain Promotions, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Promotions and should not normally affect your use of these Promotions. However, if any change is made that would affect your use of the Promotions, suitable information will be provided to you.
5.5 In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Promotions. If We do so, We will inform you at least ten calendar days before the changes are due to take effect. If you do not agree to the changes, you may cancel the Contract as described in sub-Clause 11.1.
5.6 Where any updates are made to Promotions, these Promotions will continue to match Our description of it as provided to you before you purchased your Subscription to access the Promotions. Please note that this does not prevent Us from enhancing the Promotions, thereby going beyond the original description.
5.7 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order that you have already placed (please note sub-Clause 5.11 regarding VAT, however).
5.8 All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within ten calendar days, We will treat your order as cancelled and notify you of this in writing.
5.9 If We discover an error in the price or description of your Subscription after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 10.4.
5.10 If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
5.11 All prices on Our Site include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6. Orders – How Contracts Are Formed
6.1 Our Site will guide you through the process of purchasing a Subscription. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
6.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Promotions that results from you providing incorrect or incomplete information.
6.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.
6.4 Subscription Confirmations shall contain the following information:
6.4.1 Your Subscription ID;
6.4.2 Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Promotions available as part of it;
6.4.3 Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges;
6.4.4 The duration of your Subscription (including the start date, and the expiry.
6.4.5 Confirmation of your acknowledgement that the Promotions will be made available to you immediately and that you will lose your legal right to change your mind and cancel upon accessing the Promotions as detailed below in sub-Clause 10.1;
6.5 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded to you as soon as possible and in any event within 14 calendar days.
6.6 Any refunds under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
6.7 Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Subscription.
7.1 Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Subscription Confirmation.
7.2 We accept the following methods of payment on Our Site:
7.2.1 Credit / debit card;
7.3 If you believe that We have charged you an incorrect amount, please contact Us at firstname.lastname@example.org as soon as reasonably possible to let us know. You will not be charged for Promotions while availability is suspended.
8. Provision of Promotions
8.1 Promotions appropriate to your Subscription will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals), or until you end the Contract.
8.2 When you place an order for a Subscription, you will be required to expressly acknowledge that you wish the Promotions to be made available to you immediately. You will also be required to expressly acknowledge that by accessing the service, you will lose your legal right to cancel if you change your mind (the “cooling-off period”). Please see sub-Clause 10.1 for more information.
8.3 In some limited circumstances, We may need to suspend the provision of Promotions (in full or in part) for one or more of the following reasons:
8.3.1 To fix technical problems or to make necessary minor technical changes;
8.3.2 To update the Promotions to comply with relevant changes in the law or other regulatory requirements;
8.3.3 To make more significant changes to the Promotions, as described above in sub-Clause 5.5.
8.4 If We need to suspend availability of the Promotions for any of the reasons set out in sub-Clause 8.3, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Promotions, in which case We will inform you as soon as reasonably possible after suspension). If the suspension lasts (or We tell you that it is going to last) for more than five calendar days, you may end the Contract as described below in sub-Clause 11.2.
8.5 We may suspend provision of the service if We do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within two calendar days of Our notice, We may suspend provision of the service until We have received all outstanding sums due from you. If We do suspend provision of the service, We will inform you of the suspension. You will not be charged for any services while provision is suspended.
8.6 Any refunds under this Clause 8 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
8.7 Refunds under this Clause 8 will be made using the same payment method that you used when purchasing your Subscription.
9. Problems with Promotions
9.1 By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Promotions available through your Subscription do not comply, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
9.1.1 If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.
9.1.2 If you can demonstrate that the fault has damaged your device or other digital content belonging to you because We have not used reasonable care and skill, you may be entitled to a repair or compensation. Please refer to sub-Clause 12.3 for more information.
9.2 Please note that We will not be liable under this Clause 9 if We informed you of the fault(s) or other problems with particular Promotions before you accessed it and it is that same issue that has now caused the problem (for example, if the Promotions in question are an alpha or beta version and We have warned you that it may contain faults that could harm your device or other digital content); if you have purchased the Promotions for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Promotions for that purpose; or if the problem is the result of misuse or intentional or careless damage.
9.3 If there is a problem with any Promotions, please contact Us at email@example.com or visit the contact page on Our Site https://trikz.co.uk/contact/ to inform Our customer services department of the problem.
9.4 Refunds (whether full or partial, including reductions in price) under this Clause 9 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
9.5 Refunds under this Clause 9 will be made using the same payment method that you used when purchasing your Subscription.
9.6 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. Cancelling Your Subscription
10.1 If you are a consumer in the European Union, by default you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund. The period begins once We have sent you your Subscription Confirmation (i.e., when the Contract between you and Us is formed) and ends when you access the service, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
10.2 After the cooling-off period, you may cancel your Subscription at any time, however subject to sub-Clause 10.3 and Clause 11, We cannot offer any refunds and you will continue to have access to the service for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
10.3 If you purchase a Subscription by mistake (or allow your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access the service. Provided you have not accessed the service since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If you have accessed the service once the Subscription has started, We will not be able to offer any refund and you will continue to have access to the service for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
10.4 If you wish to exercise your right to cancel under this Clause 10, you may inform Us of your cancellation in any way you wish. Cancellation by email or by post is effective from the date on which you send Us your message. If you would prefer to contact Us directly to cancel, please use the following details:
10.4.1 Email: firstname.lastname@example.org;
10.4.2 Post: 483 Green Lanes, London, N13 4BS;
In each case, providing Us with your name, address, email address, telephone number, and Subscription ID.
10.5 Refunds under this Clause 10 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
10.6 Refunds under this Clause 10 will be made using the same payment method that you used when purchasing your Subscription.
11. Your Other Rights to End the Contract
11.1 You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or the Promotions (as described in sub-Clauses 5.3 or 5.5), or to these Terms of Service that you do not agree to. If the change is set to take effect or apply to you before the end of your current Subscription, We will issue you with a pro-rated refund equal to the remaining time left in that Subscription. If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the service until that date.
11.2 If We have suspended availability of the service for more than five calendar days, or We have informed you that We are going to suspend availability for more than five calendar days, you may end the Contract immediately, as described in sub-Clause 8.4. If you end the Contract for this reason, We will issue you with a pro-rated refund.
11.3 If there is a risk that availability of the service will be significantly delayed because of events outside of Our control, you may end the Contract immediately. If you end the Contract for this reason, We will issue you with a pro-rated refund.
11.4 If We inform you of an error in the price or description of your Subscription or the Promotions and you wish to end the Contract as a result, you may end it immediately. If you end the Contract for this reason, We will issue you with a pro-rated refund.
11.5 You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
11.6 Refunds under this Clause 11 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription.
11.7 If you wish to exercise your right to cancel under this Clause 11, you may do so in any way you wish. If you would prefer to contact Us directly to cancel, please use the following details:
11.7.1 Email: email@example.com;
11.7.2 Post: 483 Green Lanes, London, N13 4BS;
In each case, providing Us with your name, address, email address, telephone number, and Subscription ID.
12. Our Liability to Consumers
12.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Service (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
12.2 Our Promotions are intended for non-commercial use only. We make no warranty or representation that the Promotions are fit for commercial, business, or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
12.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to Promotions) from Our Site damages your device or other digital content belonging to you, We will either repair the damage or pay you appropriate compensation. Please note that We will not be liable under this provision if:
12.3.1 We have informed you of the problem and provided a free update designed to fix it, but you have not applied the update; or
12.3.2 The damage has been caused by your own failure to follow Our instructions; or
12.3.3 Your device does not meet any relevant minimum system requirements that We have made you aware of before you purchased your Subscription.
12.4 Nothing in these Terms of Service seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
12.5 Nothing in these Terms of Service seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
13. Intellectual Property Rights
13.1 With the exception of User Content (see Clause 14), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
13.2 Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
13.3 You may:
13.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
13.3.2 Download any Content where We have provided a link enabling you to do so;
13.3.3 Download Our Site (or any part of it) for caching;
13.3.4 Print page(s) from Our Site;
13.3.5 Download extracts from pages on Our Site; and
13.3.6 Save pages from Our Site for later and/or offline viewing.
13.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
13.5 You may not use any Content printed, saved, or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.
13.6 Subject to sub-Clauses 5.3 and 5.7 and Clause 14 (governing User Content) you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so. For further information, please contact Us at firstname.lastname@example.org.
13.7 Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
14. User Content
14.1 User Content on Our Site includes (but is not necessarily limited to) text, pictures, and multimedia.
14.2 An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
14.3 You agree that you will 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 in Clause 20.
14.4 You agree that you will 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 sub-Clause 14.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
14.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, 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 Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
14.6 If you wish to remove User Content from Our Site, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
14.7 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole 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.
15. Links to Our Site
15.1 You may link to Our Site provided that:
15.1.1 you do so in a fair and legal manner;
15.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
15.1.3 you do not use any logos or trademarks displayed on Our Site without Our express written permission; and
15.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
15.2 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at email@example.com for further information.
15.3 You may not link to Our Site from any other site the main content of which contains material that:
15.3.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
15.3.2 promotes violence;
15.3.3 promotes or assists in any form of unlawful activity;
15.3.4 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;
15.3.5 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
15.3.6 is calculated or is otherwise likely to deceive another person;
15.3.7 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
15.3.8 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 sub-Clause 15.3);
15.3.9 implies any form of affiliation with Us where none exists;
15.3.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
15.3.11 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
16. Links to Other Sites
16.1 Links to other sites may be included on Our 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 Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
17. Disclaimers and Legal Rights
17.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information and entertainment purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.
17.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
17.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our 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.
17.4 We make reasonable efforts to ensure that the Content on Our 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. Please note that this exception does not apply to information concerning Promotions for sale through Our Site.
17.5 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
18. Legal Compliance
18.1 All visual depictions on Our Site, whether of sexually explicit activity that is actual, simulated, or otherwise, are visual depictions of persons who were at least 18 years of age at the time such material was created.
18.2 With respect to the aforementioned depictions provided on Our Site, all records required under 18 U.S.C. 2257 and C.F.R. 75 are kept by RedBlanc, 483 Green Lanes, London, N13 4BS.
19. Our Liability
19.1 To the fullest extent permissible by law, 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) Our Site or the use of or reliance upon any Content (including User Content, but not including Promotions) included on Our Site.
19.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (excluding Promotions) included on Our Site.
19.3 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.
19.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 17.3, 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 Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
19.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our 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.
19.6 Nothing in these Terms of Service 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 cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
20. Viruses, Malware, and Security
20.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
20.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
20.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
20.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
20.5 You must not attack Our Site by means of a denial-of-service attack, a distributed denial of service attack, or by any other means.
20.6 By breaching the provisions of sub-Clauses 19.3 to 19.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
21. Acceptable Usage Policy
21.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 20. Specifically:
21.1.1 you must be aged 18 or over to use Our Site;
21.1.2 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
21.1.3 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
21.1.4 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
21.1.5 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
21.2 When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate, or otherwise do anything that:
21.2.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
21.2.2 promotes violence;
21.2.3 promotes or assists in any form of unlawful activity;
21.2.4 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;
21.2.5 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
21.2.6 is calculated or is otherwise likely to deceive;
21.2.7 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
21.2.8 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 sub-Clause 20.2);
21.2.9 implies any form of affiliation with Us where none exists;
21.2.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
21.2.11 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
21.3 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 20 or any of the other provisions of these Terms of Service. Specifically, We may take one or more of the following actions:
21.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
21.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;
21.3.3 issue you with a written warning;
21.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
21.3.5 take further legal action against you as appropriate;
21.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
21.3.7 any other actions which We deem reasonably appropriate (and lawful).
21.4 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 of Service.
22. Privacy and Cookies
23. How We Use Your Personal Information (Data Protection)
23.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
24. Communications from Us
24.1 If 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 of Service, and changes to your Account.
24.2 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. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to ten business days for Us to comply with your request.
25. Changes to these Terms of Service
25.1 We may alter these Terms of Service at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
25.2 In the event of any conflict between the current version of these Terms of Service and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
25.3 These Terms of Service were last updated on 15 September 2021.
26. Contacting Us
26.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at firstname.lastname@example.org, or by post, addressed to RedBlanc, 483 Green Lanes, London, N13 4BS.
26.2 For matters relating Promotions or your Subscription, please contact Us by email at email@example.com, or by post, addressed to RedBlanc, 483 Green Lanes, London, N13 4BS.
26.3 For matters relating to cancellations, please contact Us by email at firstname.lastname@example.org, by post, addressed to RedBlanc, 483 Green Lanes, London, N13 4BS, or refer to the relevant Clauses above.
27. Complaints and Feedback
27.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
27.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
27.2.1 In writing, addressed to RedBlanc, 483 Green Lanes, London, N13 4BS;
27.2.2 By email at email@example.com;
28. Other Important Terms
28.1 We may transfer (assign) Our obligations and rights under these Terms of Service (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Service (and the Contract) will not be affected and Our obligations under these Terms of Service (and the Contract) will be transferred to the third party who will remain bound by them.
28.2 he Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Service.
28.3 If any of the provisions of these Terms of Service are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Service. The remainder of these Terms of Service shall be valid and enforceable.
28.4 No failure or delay by Us in exercising any of Our rights under these Terms of Service means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Service means that We will waive any subsequent breach of the same or any other provision.
28.5 We may revise these Terms of Service from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Service as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 11.1 above).
29. Law and Jurisdiction
29.1 These Terms of Service, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England and Wales.
29.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 28.1 above takes away or reduces your rights as a consumer to rely on those provisions.
29.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms of Service, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
29.4 If you are a business, any disputes concerning these Terms of Service, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.