Website Terms & Conditions
Effective Date: October 1st, 2012
1. Interpretation and Definitions
1.1 This website is owned and operated by Munco International Limited trading as “Adband”. We are registered in the UK (technically “England & Wales”) under number 2828602. Our registered office and trading address is at 10 Royal Scot Road, Pride Park, Derby, DE24 8AJ. Our VAT number is GB 380125870.
1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By using our website you agree to be bound by these terms and conditions.
2. Changes to the terms and conditions
2.1 We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
3. Your content on our site
3.1 If we allow you to upload any comments, reviews or other content to this website, you must ensure that such information is accurate, that it complies with all applicable laws, regulations and codes of conduct and that it does not infringe any third party intellectual property or other rights. Also, your content must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or similarly inappropriate.
3.2 We reserve the right without notice or refund to suspend, alter, remove or delete any content or to disclose to the relevant authorities any such content if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant content.
4.1 If we enable you to create an account on our site, you acknowledge that this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
5. Availability of our site
5.1 We cannot guarantee that our site will be uninterrupted or error-free. We are entitled without notice and without liability to suspend the site for repair, maintenance, improvement or other technical reason.
6. Our content
6.1 We cannot guarantee that any general information that we may make available on our website is accurate or up to date. You rely on it at your own risk.
7.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy.
8. Intellectual property rights
8.1 All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our partners or suppliers. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
8.2 For the avoidance of doubt you may not collect, scrape or harvest any content on our website or deep-link to or frame content on our website without our specific prior written consent.
9. Third party websites
9.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.
10.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
10.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
10.3 Very important: If you are a consumer (ie not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
10.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
10.3.2 such loss or damage was not reasonably foreseeable by both parties;
10.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or
10.3.4 such loss or damage relates to a business.
10.4 Very important: If you are a consumer (ie not acting in the course of a business), you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject of course to our obligation to mitigate any losses).
10.5 The following clauses apply only if you are a business:
10.5.1 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
10.5.2 Our liability of any kind (including our own negligence) with respect to our website for any one event or series of related events is limited to £100.
10.5.3 In no event (including our own negligence) will we be liable for any:
a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) loss of goodwill or reputation;
c) special, indirect or consequential losses; or
d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
10.5.4 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
10.5.5 This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
11. English law
11.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
12.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
13.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.
Company Registration No. 2828602, VAT No. GB 380125870