BACKGROUND:
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, getcplus.com (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.
1. Definitions and
Interpretation
1.1 In these
Terms and Conditions, unless the context otherwise requires, the following
expressions have the following meanings:
“Content” 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; and
“We/Us/Our” means Rocket APP Solutions Limited t/a GetCPlus.com, a company
registered in England under 10760833, whose registered address is 20-22
Wenlock Road, London, N1 7GU.
2. Information
About Us
2.1 Our Site,
getcplus.com, is owned and operated by Rocket APP Solutions Limited, a
limited company registered in England under 10760833, whose registered
address is 20-22 Wenlock Road, London, N1 7GU .
3. Access to Our
Site
3.1 Access to Our Site is
free of charge.
3.2 It is your
responsibility to make any and all arrangements necessary in order to access
Our Site.
3.3 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.
4. Intellectual
Property Rights
4.1 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 is protected by
applicable United Kingdom and international intellectual property laws and
treaties.
4.2 Subject to sub-Clauses 3
4.3 and 4.6 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.
4.3 You may:
4.3.1 Access, view and use
Our Site in a web browser (including any web browsing capability built into
other types of software or app);
4.3.2
Download Our Site (or any part of it) for caching;
4.3.3 Print one copy of any page from Our Site;
4.3.4 Download extracts from pages on Our Site; and
4.3.5 Save pages from Our Site for later and/or offline viewing.
4.4 Our status as the owner and author of the Content on Our Site (or that
of identified licensors, as appropriate) must always be acknowledged.
4.5 You may not use any Content saved or downloaded from Our Site for
commercial purposes without first obtaining a licence from Us (or our
licensors, as appropriate) to do so. This does not prohibit the normal
access, viewing and use of Our Site for general information purposes whether
by business users or consumers.
4.6
Nothing in these Terms and Conditions limits or excludes the 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.
5. Links to Our
Site
5.1 You may link to Our
Site provided that:
5.1.1 You do so in a
fair and legal manner;
5.1.2 You do not
do so in a manner that suggests any form of association, endorsement or
approval on Our part where none exists;
5.1.3 You do not use any logos or trade marks displayed on Our Site without
Our express written permission; and
5.1.4
You do not do so in a way that is calculated to damage Our reputation or to
take unfair advantage of it.
5.2 You may
link to any page of Our Site.
5.3 Framing or
embedding of Our Site on other websites is not permitted.
5.4 You may not link to Our Site from any other site the main content of
which contains material that:
5.4.1 is
sexually explicit;
5.4.2 is obscene,
deliberately offensive, hateful or otherwise inflammatory;
5.4.3 promotes violence;
5.4.4 promotes
or assists in any form of unlawful activity;
5.4.5 discriminates against, or is in any way defamatory of, any person,
group or class of persons, race, sex, religion, nationality, disability,
sexual orientation, or age;
5.4.6 is
intended or is otherwise likely to threaten, harass, annoy, alarm,
inconvenience, upset, or embarrass another person;
5.4.7 is calculated or is otherwise likely to deceive another person;
5.4.8 is intended or otherwise likely to infringe (or threaten to infringe)
another person’s right to privacy;
5.4.9
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 5.4);
5.4.10 implies any form of affiliation with Us where none exists;
5.4.11 infringes, or assists in the infringement of, the intellectual
property rights (including, but not limited to, copyright, trade marks and
database rights) of any other party; or
5.4.12 is made in breach of any legal duty owed to a third party including,
but not limited to, contractual duties and duties of confidence.
5.5 The content restrictions in sub-Clause 5.4 do not apply to content
submitted to sites by other users provided that the primary purpose of the
site accords with the provisions of sub-Clause 5.4. You are not, for
example, prohibited from posting links on general-purpose social networking
sites merely because another user may post such content. You are, however,
prohibited from posting links on websites which focus on or encourage the
submission of such content from users.
6. Links to Other
Sites
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.
7. Disclaimers
7.1 Nothing on Our Site constitutes advice on which you should rely. It is
provided for general information purposes only.
7.2 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.
7.3 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.
8. Our Liability
8.1 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 included on Our Site.
8.2 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 included on Our Site.
8.3 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.
8.4 We exercise all reasonable skill and care to ensure that Our Site is
free from viruses and other malware. 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.
8.5 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.
8.6
Nothing in these Terms and Conditions 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.
9. Viruses,
Malware and Security
9.1 We
exercise all reasonable skill and care to ensure that Our Site is secure and
free from viruses and other malware.
9.2
You are responsible for protecting your hardware, software, data and other
material from viruses, malware, and other internet security risks.
9.3 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.
9.4 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.
9.5 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.
9.6 By breaching
the provisions of sub-Clauses 9.3 to 9.5 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.
10. Acceptable
Usage Policy
10.1 You may only
use Our Site in a manner that is lawful. Specifically:
10.1.1 you must ensure that you comply fully with any and all local,
national or international laws and/or regulations;
10.1.2 you must not use Our Site in any way, or for any purpose, that is
unlawful or fraudulent;
10.1.3 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
10.1.4 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.
10.2 We reserve the
right to suspend or terminate your access to Our Site if you materially
breach the provisions of this Clause 10 or any of the other provisions of
these Terms and Conditions. Specifically, We may take one or more of the
following actions:
10.2.1 suspend,
whether temporarily or permanently, your right to access Our Site;
10.2.2 issue you with a written warning;
10.2.3 take legal proceedings against you for reimbursement of any and all
relevant costs on an indemnity basis resulting from your breach;
10.2.4 take further legal action against you as appropriate;
10.2.5 disclose such information to law enforcement authorities as required
or as We deem reasonably necessary; and/or
10.2.6 any other actions which We deem reasonably appropriate (and lawful).
10.3 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 and Conditions.
11. Privacy and
Cookies
Use of Our Site is also
governed by Privacy Policy, available here.
These policies are incorporated into these Terms and Conditions by this
reference.
12. Changes to
these Terms and Conditions
12.1
We may alter these Terms and Conditions 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.
12.2 In the event of any conflict
between the current version of these Terms and Conditions and any previous
version(s), the provisions current and in effect shall prevail unless it is
expressly stated otherwise.
13. Contacting Us
To contact us please use our contact page here
14. Communications
from Us
14.1 If We have your
contact details, 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 and changes to these Terms and Conditions.
14.2 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 <>
business days for Us to comply with your request. During that time, you may
continue to receive emails from Us.
14.3
For questions or complaints about communications from Us (including, but not
limited to marketing emails), please contact Us here
15. Data
Protection
15.1 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.
15.2 For complete details of Our collection, processing, storage, and
retention of personal data including, but not limited to, the purpose(s) for
which personal data is used, the legal basis or bases for using it, details
of your rights and how to exercise them, and personal data sharing (where
applicable), please refer to Our
Privacy Policy
16. Law and
Jurisdiction
16.1 These Terms
and Conditions, and the relationship between you and Us (whether contractual
or otherwise) shall be governed by, and construed in accordance with the law
of England & Wales.
16.2 If you are a
consumer, you will benefit from any mandatory provisions of the law in your
country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces
your rights as a consumer to rely on those provisions.
16.3 If you are a consumer, any dispute, controversy, proceedings or claim
between you and Us relating to these Terms and Conditions, 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.
16.4 If you are a business, any disputes concerning these Terms and
Conditions, 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 & Wales.