Website Privacy and Legal Notices
Contact
urbannous@blueyonder.co.uk
Privacy
We will collect only your personal information which we need to ensure the proper functioning of our website and which is needed in order to respond to any of your queries or requests for information. The use of parts of our website might require either an individual login, password or email address and/or the use of “cookies” or other identifying information.
We will keep your personal information only for so long as we need it, the time period for which will depend on the nature of your dealings with us. We will at all times comply with the Data Protection Act.
Our website will collate statistical and technical information about your use of our website, including (in certain circumstances) IP addresses. We may also keep a record of what pages and content are accessed in order to monitor the usage and popularity of our website. We may use the information gathered to improve our website and our services, to prevent or detect fraud or abuses of our website and to enable third parties to carry out technical, logistical or other functions on our behalf.
Please note that if you disable “cookies” then our website may not function properly. Use of parts of our website are conditional on your acceptance of our separate Terms & Conditions. General Terms of Use
This website is owned and operated by Urbannous Ltd. If you have any questions about our website or these Terms of Use please contact us at the address specified below.
Ownership of rights
All rights, including without limitation copyright, database rights, domain names and trademarks, are either owned by us or licensed to us by third parties. Any use of this website, its content, or any material made available via it (the “Material”) whether by copying, storing or re-utilising in whole or in part other than for your own personal non-commercial use is prohibited without our express written permission. You may not modify, amend, edit or otherwise change the Material.
You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) on our website without our express consent. You may also not use any meta tags or any other hidden text which utilises our trademarks, name and brands without our consent.
You may not systematically extract and/or re-utilise parts of the contents of the website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any parts of this website without our express written consent.
You may not create any hyperlinks to our website other than via a hyperlink to our home page in which proper accreditation and reference is made to us.
Acceptable use
You must not use our website in any way which causes or is likely to cause our website or access to it to be interrupted, damaged or impaired in any way. You also agree that you are responsible for all electronic communications and content sent by you or from your computer to us and you must use the website for lawful purposes only. In particular, you must not use the website for any of the following:
1: for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
2: to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam", or to cause annoyance, inconvenience or needless anxiety.
Content
We do not guarantee that the Material on our website is accurate or complete and the views expressed by anyone are not necessarily our views. We reserve the right at any time to amend, modify or take down any Material. The use of the Material is entirely at your own risk.
Electronic communications
When you visit our website or send e-mails to us, you are communicating with us electronically. If you agree to our formal terms of business, should you wish to acquire any products or services from us, then we may do so electronically. Your communications with us may be monitored and retained for legal and quality assurance purposes.
General
Any failure to materially comply with these General Terms of Use shall immediately terminate your right to use our website and any implied or express licences already granted as a result of your use.
The details on this page may change at any time. Your continued use of our website after any changes are posted will be entirely dependent on your acceptance of those new or amended terms.
These General Terms of Use are governed by and construed in accordance with the laws of England and Wales. You agree, as do we, to submit to the non-exclusive jurisdiction of the English courts.
Business Details
This website is operated by:
Urbannous Ltd
Registered Office Address:
19, Burrard Road
London
NW6 1DACompany Registration no: 5516733
Enquiries may be directed in the first instance to: urbannous@blueyonder.co.uk
Should you wish to formally communicate with us then your e-mail must be followed by a hard copy posted to our registered office address, as listed above. Terms and Conditions of Use:
Parties:
(1) Urbannous Ltd. Company number 5516733 whose principal place of business is situated at 19, Burrard Road. London NW6 1DA, and
(2) you, the party to this Agreement (“you”).
1. DEFINITIONS
"Agreement" means the provisions of this agreement.
“Content” means the information and data and digital video content provided to you by Urbannous Ltd pursuant to this Agreement.
“Intellectual Property Rights” means patents, trademarks, design rights and copyright, whether registered or not, and anything related thereto or similar from time to time; information relating to Urbannous’ business and method of operation; and any information provided to you through the Services or pursuant to its operation including without limitation any profiles created by the Services.
“Service Fee” means the standard fees payable for the use of the Services, if applicable and as amended from time to time.
“Service” means the provision of Content (which includes without limitation certain data, news feeds and other services) provided on the Website or as an electronic data feed to you by the Licensor, and the provision and use of the Licensor’s Software if applicable.
"Software" means the software provided by Urbannous or streamed or downloaded from the Website.
"Material" means the content provided by Urbannous streamed or downloaded from the website.
“Website” means Urbannous' website generally.
2. LEGALLY BINDING TERMS AND CONDITIONS
2.1 Please read these terms and conditions very carefully before using the Service. This is a legally binding agreement between the Licensor and you establishing the terms and conditions under which you may have access to and use of the Service.
2.2 The Service may be restricted by law in certain countries. It is your responsibility to determine what those restrictions are and to comply with them.
3. BASIS OF USE
3.1 Upon acceptance of these terms and conditions and in consideration thereof you will be granted a non-exclusive non-transferable limited and personal right to use the Service, which shall include the right to use the Content (on payment of any applicable content provision fees), the Software and any material downloaded from the Website or provided via the Service for your personal use (or if you are not a natural person, by you and the number of your employees agreed to by Urbannous), unless and to the extent that other conditions apply to that use. You may not use the Service for any commercial gain, nor may you forward, circulate or copy the Content or the Software to anyone else except to the extent expressly permitted by this Agreement.
3.2 If you are a non-consumer then Urbannous has the right to revoke your right to use the Service at any time or to remove or replace the Service or any part thereof without further notice. Urbannous makes no representation that the Service is appropriate or available for use in countries other than the United Kingdom. If you are located outside the United Kingdom then please obtain local legal advice so as to ensure your compliance with local laws.
3.3 You agree not to use the Service to either directly or indirectly prejudice Urbannous' interests and/or the Service in any way.
3.4 Urbannous shall make the Service available to you in such form as it reasonably deems appropriate from time to time. It shall be your responsibility to install and obtain licences for any software you require in order to use the Service and to ensure that such software and any hardware is operating properly at all times.
3.5 Urbannous shall make the Service available to you via such electronic or other means as it reasonably determines appropriate from time to time, including with the assistance of or through third party service providers. Urbannous reserves the right to replace any of its service providers with others and to amend the Service as necessary to accommodate any changes provided this does not materially affect you. Urbannous shall not be liable for the payment of any telephone, on-line or other charges incurred between you and any third parties through your use of the Service.
3.6 Urbannous' support obligations shall be limited to providing a limited email support for your use during its standard office hours in the United Kingdom for dealing with general enquiries and the use of the Service or Software or content.
3.7 Where the Service includes information relating to the prices of any product or service Urbannous has the right to change any such pricing information at any time without notice but any orders already placed and accepted will be honoured where possible.
3.8 You agree that you will keep and maintain at all times up to date copies of any data provided, accessed, stored or otherwise used by you through the Service.
3.9 Your use of the Content and Material and/or the Service may be subject to technological measures aimed at ensuring your compliance with any licence terms, including without limitation digital rights management. You agree to abide by these measures and that your use of the Service and/or the Licensed Content is subject to and limited by the same.
3.10 IMPORTANT: You agree that, in relation to any Services or Licensed Content, your statutory rights to a cooling off or cancellation period may be and are hereby excluded.
4. PAYMENT TERMS
4.1 If any sum due under this Agreement is not paid by the due date then the person entitled to the payment may charge interest on any unpaid monies due at the rate required by The Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time from the date the payment became due.
4.2 Notwithstanding the above provision for late payment, Urbannous may at its option, and without prejudice to any other remedy at any time after payment has become due temporarily suspend operation of this Agreement or the Service until such time as the payment is made in full.
5. TITLE AND COPYRIGHT
5.1 Unless stated to the contrary, Urbannous is the owner of all Intellectual Property Rights in relation to the Service and the Website and has the right to use and grant sub-licences to the same. Except to the extent permitted by the licence granted by this Agreement, you may not copy, download, distribute or publish (including by any means of electronic dissemination) the Content or the Software in any way without the prior written consent of Urbannous.
5.2 In relation to any information or materials which you submit to Urbannous or make available via the Website or the Service, you hereby grant to Urbannous a world-wide royalty-free perpetual licence to use the intellectual property rights in such information or materials for any purpose reasonably connected to the provision of the Service including, without limitation, the copying, transmission, distribution and publication thereof, unless and to the extent restricted by applicable laws.
5.3 You will ensure that anyone who is permitted by you to use the Service is authorised by Urbannous to do so and adheres to this Agreement, and is in particular advised that the Website and the Service may contain confidential information of Urbannous and certain third parties, and that all Intellectual Property Rights in it vest in and are the property of Urbannous and/or third parties as the case may be. You agree to assume primary responsibility for the actions of your employees and agents (to that extent "you" shall be deemed to include your employees and agents) but nothing in this clause shall be deemed to confer on your employees and agents a right to use the Service and/or the Website unless this is specifically agreed to.
5.4 You hereby agree to indemnify or compensate Urbannous in full for any loss, harm, damages or costs which arises as a result of the breach of this clause 5 by you, or those whom you permit to use the Service.
5.5 You may not disassemble, reverse engineer, decompile, amend, modify, incorporate or otherwise change the Software except as expressly permitted by Urbannous.
6. DATA PROTECTION ACT, PRIVACY AND SECURITY
6.1 You hereby acknowledge that in using the Service that Urbannous may log various usage and statistical information about your use of the Service and/or the Website (“the Data”).
6.2 You expressly agree to the processing and/or disclosure of the Data by Urbannous, whether it contains personal data or not, for the purposes of generating statistical and or aggregate usage information provided that your identity is not disclosed to any third parties thereby.
6.3 In the case of a consumer and non-consumer Urbannous accepts no liability or responsibility for the use made of the Services and/or the Website by you and, in particular but without limitation, the Content and Material or the content of any other information.
6.4 You agree to comply, in your use thereof, with all applicable data protection and privacy laws.
6.5 The details which you provide to Urbannous and information that you may be requested to provide on the Website or via the Service may be transferred within and used by Urbannous and its associated or affiliated companies and may also be disclosed by Urbannous to any third party service providers and agents acting on Urbannous' behalf [but only in so far as is necessary for the performance of this Agreement].
6.6 Urbannous may offer to you valuable services on the Website. These services may involve the collation of information provided by you and such information may be used in order to enable Urbannous to build a user profile.
6.7 Urbannous may place certain information automatically onto the your computer's hard drive when using the Service and/or the Website, which will be in the form of a "Cookie" or similar file.
6.8 If you would like Urbannous to delete the information that has been supplied by you and which is currently held in its records, please contact Urbannous via its website at urbannous@blueyonder.co.uk , though this may restrict the provision of the Service and your use of the Website.
6.9 By accepting these terms and conditions in the manner set out in this clause 6 you consent to the use (including processing and storage) and transfer of the Data and other information referred to in this section for the purposes set out in this clause 6.
6.10 While every endeavour is used to secure the Website and the Services, given the nature of the Service and the Internet generally, Urbannous cannot warrant that the Service and the Website will be free from intrusion nor will it be totally secure.
7. URBANNOUS' WARRANTY
7.1 Urbannous does not provide any warranties in respect of the accuracy, operation or usefulness of the Service and the Website nor does it warrant that its operation will be uninterrupted or error free.
7.2 The above constitutes the only warranty provided by Urbannous in respect of the Service and the Website. The obligations and liabilities of Urbannous in this Agreement are in place of, and you accordingly waive, in so far as it is permitted to do so by law, all implied guarantees and warranties including without limitation any warranty of merchantability or fitness for a particular purpose whether or not any specific purpose has been notified to Urbannous by you.
7.3 Urbannous does not and cannot warrant the accuracy or completeness of information provided to it by third parties or otherwise, nor that it is current or up to date. You specifically agree that you will rely on the Service for general information purposes only and, in particular, shall not use the Service for providing any services to third parties. Use of the Service other than for general information purposes shall be at your sole risk and responsibility and, in the case of a non-consumer, you hereby agree to indemnify Urbannous in full for any claims, loss or damage brought against or suffered by Urbannous as a result of your failure to comply with this clause.
7.4 Urbannous performs its obligations under this Agreement with reasonable care and skill but, in the case of a non-consumer, accepts no liability for the accuracy or completeness of any information provided to it and used in good faith.
8. INDEMNITIES AND LIMITS OF LIABILITY
8.1 In the case of a non-consumer Urbannous makes no representation or warranty of any kind (express, implied or statutory) in relation to the service and the website or its content and Urbannous excludes (to the extent permitted by law) all such warranties.
8.2 The content contained on the website or provided by the service is for general information only. Any advice or information received should not be relied upon as being correct or accurate and it is your responsibility to verify independently such matters from primary sources of information and by taking specific or further professional advice.
8.3 Except in the case of death or personal injury arising from either party's own gross negligence or for fraud, both parties exclude all liability in contract, tort (including negligence), breach of statutory duty or otherwise for indirect losses, claims, damages, expenses or proceedings; special, incidental, or consequential loss or damage; loss of profits, and wasted management time incurred or suffered by you arising directly or indirectly in connection with the service or the website or due to the unavailability of part or all of the service, website or any content or associated services. In all other instances either party's liability in aggregate shall be limited to the total amount paid by you in respect of the services in the preceding twelve month period.
9. LINKS TO AND FROM OTHER WEBSITES
9.1 Urbannous may from time to time, for information and convenience, provide links to other Internet websites. The inclusion of such hyperlinks, however, does not imply any endorsement of those websites or the contents of those web sites, nor does it imply that your use thereof will not infringe any third party’s rights or is permitted by law.
9.2 Nothing contained in this Agreement shall permit you to link your website to the Website without the Urbannous' express approval in writing.
10. MIS-USE OF THE SERVICE AND THE WEBSITE
10.1 You agree not to use or to permit another to use the Service and the Website:
10.1.1 in any way (including without limitation posting content) which is defamatory, offensive, abusive, indecent, obscene or menacing or which breaches any intellectual property rights or obligation of confidence or which is otherwise illegal or unlawful;
10.1.2 to cause annoyance, inconvenience or needless anxiety to any other person which is in violation of any applicable law or regulation (in any jurisdiction in the world) having the force of law;
10.1.3 to introduce a virus or other disruptive program or otherwise disrupt or impair the Service or the Internet generally; or
10.1.4 in breach of this Agreement.
10.2 Without prejudice to its other rights, Urbannous reserves the right to suspend the provision of the Service, the Website and to block or remove any e-mails or other postings, content, or equivalent if Urbannous has reason to believe that clause 10.1 above has not been complied with, that you are unlikely to comply with it or to ensure compliance, or any third party has reasonable cause to believe or complain of the same.
11. INDEMNITY
11.1 Without prejudice to Urbannous' other rights and remedies, you agree to indemnify Urbannous and keep Urbannous fully indemnified from and against all losses, costs (including but not limited to all reasonable legal expenses and any cost of enforcement) liabilities, claims, damages and expenses that may be incurred or suffered by Urbannous as a result of or arising out of or in any way connected with your use of the Service in breach of this Agreement, and the foregoing shall include, but not be limited to, any claim of defamation, libel, slander, obscenity, invasion of privacy or any allegation thereof or infringement or alleged infringement of copyright, trade mark, moral right or patent or of obligations of confidence or any other claims anywhere in the world brought by third parties or any failure by you to meet any third party obligations. This clause 11 shall survive termination of this Agreement and it may not apply to consumers.
12. TERMINATION
12.1 This Agreement and your right to use the Service may be terminated by Urbannous at any time on giving reasonably notice thereof.
12.2 Any termination of this Agreement will be without prejudice to any other rights or remedies of Urbannous under this Agreement or at law and will not affect its accrued rights prior to the date of termination.
13. ANCILLARY PROVISIONS
13.1 SEVERABILITY: If any of the provisions or part of a provision of this Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions or provision will not be prejudiced unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice.
13.2 WAIVER: No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
13.3 ASSIGNMENT: You may not assign or transfer this Agreement or any benefits or interests arising under this Agreement without the prior written consent of Urbannous.
13.4 NOTICES: Any notice required to be given under this Agreement by either party must be in writing and in the English language, and may be delivered either personally or by first class post in the United Kingdom and in the case of post will be deemed to have been received 7 working days after the date of posting. Notices will be delivered to the principal place of business of either party or to any other address notified in writing by either party to the other for the purpose of receiving notices after the date of this Agreement. In all other cases notice shall have been deemed to have been served 24 hours after actual receipt of the same by Urbannous.
13.5 FORCE MAJEURE: Neither party shall be liable for any delay in performance or failure to perform its obligations (other than a payment obligation) under this Agreement due to any cause outside its reasonable control. Such delay or failure shall not constitute a breach of this Agreement and the time for performance of the affected obligation shall be extended by such period as is reasonable.
13.6 THIRD PARTY RIGHTS: Permitted Third Parties and other third parties shall have no rights under the Contracts (Rights of Third Parties) Act 1999.
13.7 GOVERNING LAW AND JURISDICTION: This Agreement (and accordingly all visits to this WebSite) shall be governed by English Law and the parties submit to the non-exclusive jurisdiction of the English Courts. |