General Terms & Conditions of Service
TERMS OF WEBSITE USE
ÜBER CREATIVE DESIGN LTD
www.uberd.uk is operated by Über Creative Design Ltd (we, us, our, Über). We are a limited company, registered in England and Wales under company number 6379856 and have our registered office at 810 Mandarin Court, Centre Park, Warrington, Cheshire, WA1 1GG c/o AGP Chartered Accountants Ltd. Our main trading address is Sterling House, 810 Mandarin Court, Centre Park, Warrington, Cheshire, WA1 1GG.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. 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.
USE OF OUR SITE
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 or otherwise is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
– 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 set out further below;
– to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
– to knowingly transmit any data, send or upload any material that contains 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:
– access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site or any equipment or network or software owned or used by any third party.
These content standards apply to any and all material which you contribute to our site (“contributions”). These standards apply to any part and the whole of any contribution.
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 which is threatening, abusive, defamatory, obscene, offensive, hateful or inflammatory, invades another’s privacy, promotes sexually explicit material, violence or discrimination of any nature, or which may cause annoyance, inconvenience or needless anxiety, harassment, upset, embarrassment, alarm or distress to any other person;
– infringe or be likely to 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 or advocate, promote or assist any unlawful act;
– be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or 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 you may download extracts, of any page(s) from our site for your personal non-commercial use on the following basis; paper or digital copies of any materials printed off or downloaded in any way must not be modified in any way; and any illustrations, photographs, video or audio sequences or any graphics shall not be used separately from any accompanying text.
Über’s status, copyright and trade mark notices and those of any identified contributors as the authors of such material must appear in all copies.
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.
The material displayed on our site is provided on an “as is”, “as available” basis without any guarantees, conditions or warranties as to its accuracy and is not intended to amount to advice on which reliance may be placed. Any material on our site may be out of date at any given time and we are under no obligation to update such material. We, other members of our group of companies and connected third parties, to the fullest extent permitted by law expressly exclude:
-all liability and responsibility arising from any reliance placed on materials on our site by any visitor to our site or anyone who may be informed of its contents;
-all conditions, warranties, guarantees and other terms (including without limitation the conditions implied by satisfactory quality, fitness for purpose and the use of reasonable care and skill) which might otherwise be implied;
-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:
– loss of income or revenue;
– loss of business;
– loss of profits or contracts;
– loss of anticipated savings;
– loss of data;
– loss of goodwill;
– wasted management or office time; and
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, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
UPLOADING MATERIAL TO OUR SITE
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to freely use, edit, alter, reproduce, publish, 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.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with our content standards.
VIRUSES, HACKING AND OTHER OFFENSES
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offense 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 nay website linked to it.
LINKS TO AND FROM OUR SITE
You may link to our home page provided you do so in a way that if 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.
Our site must not be framed on any other site nor may you create a link to any part of our site other than the home page. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice
Any links to other sites and resources provided by third parties are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access or use any third party sites or resources, you do so entirely at your own risk.
If you wish to make use of any material on our site other than that set our above, please address your request to email@example.com or call us on 01925 626290.
– the immediate, temporary or permanent withdrawal of your right to use our site;
– the 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 or any other further legal action;
– the disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
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 conditions in your country of residence or any other relevant country.
When using our site, you accept that communication with us will be mainly electronic. We may contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org
For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Über Creative Design Ltd of 810 Mandarin Court, Centre Park, Warrington, Cheshire WA1 1GG.
INFORMATION WE MAY COLLECT
We may collect and process the following information about you:
– information that you provide by filling in forms on our site; this includes information provided at the time of registering to use our site, subscribing to our service, posting material, requesting further services or reporting problems with our site; details of any transactions you carry out through our site and the fulfillment of any orders; and, If you contact us, we may keep a record of that correspondence, all of which may include both personal and sensitive data.;
– details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
IP ADDRESSES AND COOKIES
We may also collect information about your computer, including (where available) your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service to you. They enable us to:
– estimate our audience size and usage pattern;
– store information about your preferences, which means we can customise our site according to your individual interests;
– speed up your searches;
– recognise you when you return to our site.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Where you have been provided with or have chosen a password which enables you to access certain parts of our site, you are responsible for keeping this password safe and confidential. Please do not disclose your password to any other person.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site. Any transmission of data to our site is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access to it.
USES MADE OF THE INFORMATION
We use information held about you in the following ways, to:
– ensure that content from our site is presented in the most effective manner for you and to improve our products and services;
– provide you with information, updates, or services that you request from us, that are provided by us or any member of our group, (which includes any subsidiaries), or relevant third parties, or which we feel may interest you, where you have consented to be contacted for such purposes;
– carry out our obligations arising from any contracts entered into between you and us;
– allow you to participate in any interactive features of our service, when you choose to do so;
– notify you about any changes or additions to our services or special offers;
– for our internal record keeping.
We will not sell, distribute of lease your information to third parties unless we have your permission or are required to by law.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group. We may disclose your personal information to third parties:
– in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
– if Über or substantially all of its assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets;
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can prevent us doing this by checking certain boxes on the forms we use to collect your data. You can also ask us to stop using your data for this purpose at any time by contacting us at email@example.com. You can also unsubscribe to any email marketing campaigns by sending an unsubscribe response to such email if no link to unsubscribe is present.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.