Please read these terms and conditions (“terms and conditions”) carefully before using Web App (“Web App”, “service”) operated by CER Net.Works Management Ltd T/A UNCOMMON] (“us”, ‘we”, “our”).
1. Conditions of use
1.1. By using this Web App, you certify that you have read and reviewed these terms and conditions and that you agree to comply with them. If you do not want to be bound by these terms and conditions, you are advised to leave the Web App accordingly. Uncommon only grants use and access to this Web App, its products, and its services to those who have accepted these terms and conditions.
1.2. You may not use the Web App for any of the following purposes:
1.2.1. in any way which causes, or may cause, damage to the Web App or interferes with any other person’s use or enjoyment of the Web App;
1.2.2. in any way which is harmful, unlawful, illegal, abusive, harassing, defamatory, offensive, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
1.2.3. making, transmitting or storing electronic copies of any content protected by copyright without the permission of the owner;
1.2.4. in any way which infringes our intellectual property rights or those of any third party in relation to your use of the Web App, including by the submission of any material (to the extent that such use is not licensed by these terms and conditions);
1.2.5. in a way that could damage, disable, overburden, impair or compromise our systems or security; or
1.2.6. in any manner inconsistent with these terms and conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Web App or any operating system;
3. Age Restriction
3.1. You must be at least 18 (eighteen) years of age before you can use this Web App. By using this Web App, you warrant that you are at least 18 years of age and you may legally adhere to these terms and conditions. CER Net.Works Management Ltd assumes no responsibility for liabilities related to age misrepresentation.
4. Intellectual property
4.1. You agree that all materials, products, and services provided on this Web App are the property of CER Net.Works Management Ltd, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property.
4.2. You also agree that you will not reproduce or redistribute the CER Net.Works Management Ltd’s intellectual property in any way, including electronic, digital, or new trademark registrations and you must not use any part of the content on our Web App for commercial purposes without obtaining a licence to do so from us or our licensors.
4.3. You grant CER Net.Works Management Ltd a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.
5. Registration and accounts.
5.1. You may register for an account with our Web App by completing and submitting the account registration form on our Web App and clicking on the verification link in the email that the Web App will send to you.
5.2. You must not allow any other person to use your account to access the Web App.
5.3. You must notify us in writing immediately via email to [email protected] if you become aware of any unauthorised use of your account.
5.4. You must not use any other person’s account to access the Web App unless you have that person’s express permission to do so.
6. User Accounts
6.1. As a user of this Web App, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.
6.2. If you think there are any possible issues regarding the security of your account on the Web App, inform us immediately so we may address it accordingly.
6.3. We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
7. User Login Details
7.1. If you register for an account with our Web App, you will be asked to enter a full name and email address.
7.2. Your full name must not be liable to mislead and must comply with the content rules set out in Section 14.
7.3. You must not use your account or full name for or in connection with the impersonation of any person.
7.4. You must keep your password confidential.
7.5. You must notify us in writing immediately if you become aware of any disclosure of your password.
7.6. You are responsible for any activity on our Web App arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
8. Cancellation and Suspension of Account
8.1. We may:
8.1.1. suspend your account;
8.1.2. cancel your account; and/or
8.1.3. edit your account details at any time in our sole discretion without notice or explanation if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
8.2. We may also suspend or withdraw or restrict the availability of all or any part of our Web App or services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
8.3. You may cancel your account on our Web App using your account control panel on the Web App.
9. Applicable Law and Jurisdiction
9.1. If you are a consumer, these terms and conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings.
9.2. If you are a business, these terms and conditions, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
10. Limitation on Liability
10.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
10.2. If you are a consumer, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms and conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms and conditions, both we and you knew it might happen, for example, if you discussed it with us.
10.3. If you are a business, to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Web App or any content on it, whether express or implied.
10.4. If you are a business, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, the App; (b) use of or reliance on any content displayed on the App; (c) loss of profits, sales, business, or revenue; (d) business interruption; (e) loss of anticipated savings; (f) loss of business opportunity, goodwill or reputation; or (g) any indirect or consequential loss or damage.
11. Changes to These Terms and Conditions
11.1. CER Net.Works Management Ltd reserves the right to edit, modify, and change these terms and conditions any time. We shall let our users know of these changes through electronic mail. These terms and conditions are an understanding between CER Net.Works Management Ltd and the user, and this supersedes and replaces all prior agreements regarding the use of this Web App.
12. Limited Warranties
We do not promise:
12.1. the completeness or accuracy of the information published on our Web App;
12.2. that the material on the Web App is up to date; or
12.3. that the Web App or any service on the Web App will remain available.
12.4. We reserve the right to discontinue or alter any or all of our Web App services, and to stop publishing our Web App, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Web App services, or if we stop publishing the Web App.
12.5. To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all other representations and warranties relating to the subject matter of these terms and conditions, our Web App and the use of our Web App.
13. Statutory and Regulatory Disclosures
13.1. We are registered in Companies House; you can find the online version of the register here, and our registration number is 10508201.
13.2. Our VAT number is 262995756.
13.3. This Web App is owned and operated by CER Net.Works Management Ltd.
13.4. We are registered in England and Wales under registration number10508201, and our registered office is at 1 Long Ln, SE1 4PG, London.
13.5. Our principal place of business is at 1 Long Ln, SE1 4PG, London.
13.6. You can contact us:
13.7. by post, to the postal address given above;
13.8. using our Web App contact form;
13.9. by telephone, on the contact number published on our Web App from time to time; or
13.10. by email, using the email address published on our Web App from time to time.
14. Uploading Content on to our Webb App
14.1. Whenever you make use of a feature that allows you to upload content to our Web App, or to make contact with other users of Web App, that contribution must:
14.1.1. be accurate (where it states facts);
14.1.2. be genuinely held (where it states opinions); and
14.1.3. comply with the law applicable in England and Wales.
14.2. A contribution must not:
14.2.1. be defamatory of any person;
14.2.2. be obscene, offensive, hateful or inflammatory;
14.2.3. bully, insult, intimidate or humiliate;
14.2.4. promote sexually explicit material;
14.2.5. include child sexual abuse material;
14.2.6. promote violence;
14.2.7. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
14.2.8. infringe any copyright, database right or trade mark of any other person;
14.2.9. be likely to deceive any person;
14.2.10. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
14.2.11. promote any illegal activity;
14.2.12. be in contempt of court;
14.2.13. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
14.2.14. be likely to harass, upset, embarrass, alarm or annoy any other person;
14.2.15. impersonate any person, or misrepresent your identity or affiliation with any person;
14.2.16. give the impression that the contribution emanates from CER Net.Works Management Ltd, if this is not the case;
14.2.17. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
14.2.18. contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
14.2.19. contain any advertising or promote any services or web links to other sites.
14.3. You promise that any such contribution does comply with the above standards, and you will compensate us in full for any breach of that promise. This means you will be responsible for any loss or damage we suffer as a result of your breach of that promise.
14.4. Any content you upload to our Web App will be considered non-confidential and non-proprietary.
14.5. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Web App constitutes a violation of their intellectual property rights, or of their right to privacy.
14.6. We have the right to remove any posting you make on our Web App if, in our opinion, your post does not comply with the content standards set out above.
14.7. You are solely responsible for securing and backing up your content.
14.8. We do not store terrorist content.
15. Breaches of these Terms and Conditions
15.1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
15.1.1. send you one or more formal warnings;
15.1.2. temporarily suspend your access to our Web App;
15.1.3. permanently prohibit you from accessing our Web App;
15.1.4. block computers using your IP address from accessing our Web App;
15.1.5. contact any or all of your internet service providers and request that they block your access to our Web App;
15.1.6. commence legal action against you, whether for breach of contract or otherwise; and/or
15.1.7. suspend or delete your account on our Web App.
15.2. Where we suspend or prohibit or block your access to our Web App or a part of our Web App, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
15.3. We exclude our liability for all action we may take in response to breaches of these terms and conditions. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.