Terms of Use
Please read these terms and conditions carefully. They contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
1. Introduction
1.1 Please read these terms and
conditions carefully before using the website operated by Second Bounce
Limited (a company registered in England and Wales, Company Number
06512645) ("Second Bounce", "our", "we" or "us"). In particular, we draw
your attention to clauses 6 (Applicability of online materials) and 10
(Liability). By accessing and making use of the Second Bounce™ or other
websites ("our websites") you agree to be legally bound by these terms
and conditions as they may be modified and posted on our websites from
time to time. These terms and conditions take effect from the date when
you first access our websites.
1.2 Without prejudice to the above,
by using or accessing our websites, you agree to be legally bound by
these terms and conditions of use as they apply to your use of, or
access to, our websites. Certain provisions of these terms and
conditions may be superseded by expressly designated legal notices or
terms located on particular pages of our websites.
1.3 If you do not
wish to be bound by these terms and conditions in full then you may not
use our websites and you must leave our websites immediately.
2. Nature of our Websites
Our websites are a
place for you to obtain information about Second Bounce and the products
and services that we provide. We also provide online facilities for the
ordering of the various products and services. Please note that our
websites are available only to individuals that can form legally binding
contracts under applicable law. You must be over 18 to use our
websites. If you do not qualify, you must leave our websites
immediately.
3. Modifications to Websites
3.1 We reserve the
right to make changes or corrections, alter, suspend or discontinue any
aspect of our websites or the content or services available through
them, including your access to them. Unless explicitly stated to the
contrary, any new features including new content shall be subject to
these terms and conditions.
3.2 Please note that although we try to
ensure that the content of our websites is accurate, they may contain
typographical errors or other inaccuracies.
4. Information You Provide to Us
4.1 The following applies to any information
you provide to us, including, but not limited to, any online registration:
- You authorise us to use, store or otherwise process any personal
information which relates to and identifies you, including but not
limited to your name and address, to the extent reasonably necessary to
provide the products and services which are available through our
websites by us, our partners, successors (including the purchaser of the
whole or part of our business), associates, sub-contractors or other
third parties (together our "Partner Companies").
- If you send us
personal correspondence such as e-mails or letters then we may collect
this information into a file specific to you (together, the various
purposes set out in this paragraph and in our Privacy Policy shall be
known as "the Purposes"). All such information collected by us shall be
referred to in these terms and conditions as "Personal Information".
- You must ensure that the Personal Information you provide is accurate
and complete and that registration details (where applicable) contain
your correct name, address and other requested details. For more
information about how we deal with your Personal Information, please
read our Privacy Policy.
NB. See our Privacy Policy for details of
the opt-in and opt-out procedures in relation to the use of Personal
Information for marketing purposes.
4.2 By accepting these terms and
conditions, you agree to the processing and disclosure of the Personal
Information for the Purposes, subject to your right to change such usage
as set out in the Privacy Policy. If you would like to review or modify
any part of your Personal Information then you should click e-mail us
at privacy@secondbounce.com.
4.3 You warrant and undertake that you will not use our websites for
any purpose that is illegal or prohibited by these terms and conditions,
including without limitation the posting or transmitting of any
libellous, defamatory, inflammatory or obscene material. If you breach
these terms and conditions then your permission to use our websites
terminates immediately without the necessity of any notice being given
to you. We retain the right to deny access to any person who fails to
comply with these terms and conditions.
5. Security
You are solely responsible in all
respects for all use of and for protecting the confidentiality of any
username, e-mail verification and password that may be given to you or
selected by you for use on our websites. You may not share these with or
transfer them to any third parties. You must notify Second Bounce
immediately of any unauthorised use of them or any other breach of
security regarding our websites that comes to your attention.
6. Applicability of Online Materials
6.1 Unless
otherwise specified all content and materials published on our websites
are presented solely for your private, personal and non-commercial use.
6.2 Our websites are controlled and operated by us from various offices
in England, with our principal point of contact being 30 Argyll Avenue,
Chester CH4 8AL, England. Where content published on the websites is
supplied by third parties, you understand that we do not control or
endorse such content in any way. Any content which is offered by third
parties is published in good faith but we do not (to the extent
permitted by applicable law) accept responsibility for the accuracy or
otherwise of such content (whether published on or offline) and the use
of such content. You assume total responsibility and risk for your use
of our websites and use of all information contained within them.
6.3 We have used our best endeavours to ensure that our websites comply
with UK laws. However, we make no representations that the materials on
our websites are appropriate or available for use in locations outside
the UK. Those who visit our websites from other locations do so on their
own initiative and are responsible for compliance with all applicable
laws. If use of our websites and/or viewing of them, or use of any
material or content in our websites or services, or products offered
through our websites are contrary to or infringe any applicable law in
your jurisdiction(s), you are not authorised to view or use our websites
and must leave our websites immediately.
7. Copyright and Monitoring
The contents of our
websites, including all rights vested in the Second Bounce name and
logo, are protected by international copyright laws and other
intellectual property rights. The owner of these rights is Second
Bounce, its affiliates or other third party licensors or contributors.
All products and logos mentioned in our websites are the trade marks,
service marks or trading names of their respective owners, including us.
You may not modify, copy, reproduce, republish, upload, post, transmit
or distribute, by any means or in any manner, any material or
information on or downloaded from our websites including but not limited
to text, graphics, video, messages, code and/or software without our
prior written consent, except where expressly invited to do so.
8. Linked Sites
Second Bounce make no
representations whatsoever about any other websites which you may access
through our websites or which may link to our websites. When you access
any other website you understand that it is independent from Second
Bounce and that we have no control over the content or availability of
that website. In addition, a link to any other website does not mean
that Second Bounce endorses or accepts any responsibility for the
content, or the use of, such a website and Second Bounce shall not be
liable for any loss or damage caused or alleged to be caused by or in
connection with use of or reliance on any content, goods or services
available on or through any other website or resource. Any concerns
regarding any external link should be directed to its website
administrator or web master.
9. Availability of our Websites
We will try to
make our websites available but cannot guarantee that our websites will
operate continuously or without interruptions or be error free and can
accept no liability for its unavailability. You must not attempt to
interfere with the proper working of our websites and, in particular,
you must not attempt to circumvent security, tamper with, hack into, or
otherwise disrupt any computer system, server, website, router or any
other Internet connected device.
10. Liability
10.1 We exclude all other express
or implied terms, conditions, warranties, representations or
endorsements whatsoever with regard to any products, our websites or any
information or service provided through our websites.
10.2 We will
do our best to ensure that all materials and information published on
our websites are accurate, but please note that all content materials
and information on our websites are provided on an 'as is' basis and you
assume total responsibility and risk for your use of our websites and
use of all information contained within it.
10.3 Subject to clause
10.4, we accept no liability for any indirect or consequential loss or
damage, or for any loss of data, profit, revenue or business (whether
direct or indirect) in each case, however caused, even if foreseeable.
In circumstances where you suffer loss or damage arising out of or in
connection with the viewing, use of, performance of our websites or
their contents, subject to clause 10.4, we accept no liability for this
loss or damage whether due to inaccuracy, error, omission or any other
cause and whether on the part of Second Bounce or our servants, agents
or any other person or entity.
10.4 Any limitation on liability does
not apply to any liability we may have for death or personal injury
resulting from our negligence or for our fraudulent misrepresentation.
10.5 You are responsible for ensuring that your computer system meets
all relevant technical specifications necessary to use our websites and
is compatible with our websites. You also understand that we cannot and
do not guarantee or warrant that any material available for downloading
from our websites will be free from infection, viruses and/or other code
that has contaminating or destructive properties. You are responsible
for implementing sufficient procedures and virus checks (including
anti-virus and other security checks) to satisfy your particular
requirements for the accuracy of data input and output.
10.6 The
limitations and exclusions in this clause do not affect your
non-excludable statutory rights and only apply to the extent permitted
by applicable law.
11. General
11.1 We may assign, transfer, novate
or subcontract any or all of our rights and obligations under these
terms and conditions at any time.
11.2 We may alter these terms and
conditions from time to time and post the new version on our websites,
following which all use of our websites will be governed by that
version. You must check the terms and conditions on the websites
regularly. We do not need to give you notice of any change to these
terms and conditions and your continued use of our websites shall be
deemed to be your acceptance of any changes that have been made.
11.3 These terms and conditions together with the Privacy Policy, are
the whole agreement between you and Second Bounce. You acknowledge that
you have not entered into this agreement in reliance upon any statement,
warranty or representation made by Second Bounce or any other person
and you irrevocably and unconditionally waive any rights to claim
damages and/or to rescind these terms and conditions by reason of any
misrepresentation (other than a fraudulent misrepresentation) that is
not contained in the terms and conditions and privacy policy.
11.4
If any provision or term of these terms and conditions shall become or
be declared illegal, invalid or unenforceable for any reason whatsoever,
such term or provision shall be divisible from the other terms and
conditions and shall be deemed to be deleted from them.
11.5 These
terms and conditions and your use of our websites are governed by
English law and you submit to the non-exclusive jurisdiction of the
English courts.
11.6 Except in respect of a payment obligation,
neither you nor Second Bounce will be held liable for any failure to
perform any obligation to the other due to causes beyond your or Second
Bounce's respective reasonable control.
11.7 Failure or delay by
either party enforcing an obligation or exercising a right under these
terms and conditions does not constitute a waiver of that obligation or
right.
11.8 These terms and conditions do not confer any rights on
any person or party (other than you and/or us) pursuant to the Contracts
(Rights of Third Parties) Act 1999.
12. Notices
12.1 All notices shall be given:
12.1.1 to us via e-mail at info@secondbounce.com or by post to 30 Argyll
Avenue, Chester, CH4 8AL, England; or
12.1.2 to you at either the e-mail or postal address you
provide during any registration process.
12.2 All notices shall, except where otherwise
specifically provided, be in writing in the English language and may be:
12.2.1 sent by e-mail, in which case it shall be deemed to have been
served when an e-mail is received in full (or else on the next business
day if it is received on a weekend or a public holiday in the place of
receipt);
12.2.2 if within the United Kingdom, sent by first class
pre-paid post, in which case it shall be deemed to have been given 3
days after the date of posting; or
12.2.3 if from or to any place
outside the United Kingdom, sent by pre-paid priority airmail, in which
case it shall be deemed to have been given seven Business Days after the
date of posting.
13. Replacement
These terms and conditions replace all other terms and
conditions previously applicable to the use of our websites.