TERMS AND CONDITIONS OF USE
MAVIN INFORMATICS LIMITED
Terms and Conditions of Use and Service
Please read these Terms and Conditions (T&C’s) carefully as they contain important information about your rights and obligations when using Mavin Informatics Limited Products and/or Services.
In particular clause 16: which covers the limitations of liability for mi-SOS.org® and mi-PET-SOS.org®.
In addition, ensure clause 6 is noted regarding the returns and refund policy we employ in regard to personalised products.
The Products and/or Services are owned and operated by Mavin Informatics Limited (‘we’/’us’/’our’).
The company is located in the UK and will, therefore, adhere to any UK law relating to the items contained herein these Terms and Conditions.
Mavin Informatics is a limited company (trading with: mi-SOS.org® and mi-PET-SOS.org®), and is registered in England and Wales under the following details:
Company Name: Mavin Informatics Limited
Company Registration Number: 12276986
VAT Registration Number: GB 341 266 029
The term ‘You’ refers to the User, Buyer or Viewer of our Products and/or Services. By browsing on, ordering and using the Products and/or Services you are agreeing to comply with and be bound by these Terms and Conditions which governs our relationship with you regarding the use of any/all of our Products and/or Services.
1.1 You will be able to access parts of the Products and/or Services without having to register any details with us. However, from time to time certain areas of the Products and/or Services may be accessible only if you are a registered user.
1.2 You are responsible for making all arrangements necessary for you to have access to our Products and/or Services. You are also responsible for ensuring that all persons who access our Products and/or Services through your internet connection are aware of these Terms and that they comply with them.
1.3 We make reasonable efforts to ensure that the Products and/or Services are available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Products and/or Services may be temporarily unavailable at any time, because of: server or systems failure: other technical issues; reasons that are beyond our control; required updating, maintenance or repair.
1.4 Where possible we aim to give you advance warning of any updates or maintenance to the Products and/or Services but shall not be obliged to do so.
1.5 For mi-SOS.org® and mi-PET-SOS.org®, we will provide you with read access through the QR code to offline minimum data set required in an emergency i.e. name and ICE telephone number, however, Mavin Informatics Limited are not responsible for damaged QR code preventing access to this minimum data due to wear and tear or misuse. Regular and routine checking of the QR code is essential and must be performed by you to ensure the code reads both online and offline data.
2.2 You acknowledge that all Contracts, notices, information and other communications that we provide to you electronically comply with legal requirements that communications are in writing.
2.3 We will contact you directly via email should you be in breach of any of the Terms and Conditions laid out herein regarding the use of our Products and/or Services.
2.4 We will contact you by email in order to provide you with updated information on our Products and/or Services including for example; subscriptions due, system failure, technical upgrades, maintenance and repair.
3. REGISTERING FOR OUR PRODUCTS AND/OR SERVICES
3.1 When registering you must register and verify with a valid email address.
3.2 When registering you may be requested to choose a username and password if required to do so.
3.3 You are responsible for all actions taken under your verified email, your chosen username and password.
3.4 By registering on the Products and/or Services you undertake:
3.4.1 That all the details you provide to us for the purpose of registering on the Products and/or Services are true, accurate, current and complete in all respects
3.4.2 You will notify us immediately of any changes to the information provided on registration and /or update your Product and Service accordingly
3.4.3 You are over 18 or if under 18 you have a parent or guardian’s permission to register with the Products and/or Services in conjunction with and under their supervision
3.4.4 To only use the Products and/or Services using your own username and password unless you have the legal consent or are a legal representative to a user name or password on behalf of another
3.4.5 To make every effort to keep your password/s safe and not disclose it to anyone
3.4.6 To change your password/s immediately upon discovering that it has been compromised
3.4.7 To neither transfer nor sell your username or password/s to anyone, nor permit, either directly or indirectly, anyone other than you to use them
3.5 You authorise us to transmit your name, address and other personal information supplied by you (included updated information) to obtain information from third parties about you, including, but not limited to, health information during an emergency episode so that we may authenticate your identity.
3.6 Should it be determined that your registration details be incomplete inaccurate or false then access to Products and/or Services will be suspended immediately.
4. ELIGIBILITY TO PURCHASE AND PAYMENT PROCESS
4.1 To be eligible to purchase the Products and/or Services from Mavin Informatics Limited and lawfully enter into and formal Contracts with us, you must:
4.1.1 Be 18 years of age or over
4.1.2 Be legally capable of entering into a binding Contract
4.1.3 Be legally responsible for entering into a binding Contract on behalf of another
4.1.4 Provide full details of an address in the United Kingdom or any other country other than Canada or the U.S.A for the performance or delivery of the Services.
4.2 If you are under 18, you may only use the Products and/or Services in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Products or Services.
4.2.1 Payment can be made by: credit card, debit card, PayPal or BACS payment, (on request).
4.3 Should you be a trust or large organisation we will accept an official purchase order from your finance department provided it is received in advance of the order being completed.
4.4 By placing an order, you consent to a payment being charged to your bank account or electronic payment account as provided on the order form for the period of 12 months subscription to the Services.
4.5 Payment will be debited and cleared from your account before the provision of the Service to you.
4.5.1 When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third-party databases including the bank, card issuer, registered credit reference agencies and fraud prevention agencies.
4.6 By accepting these Terms and Conditions you:
4.6.1 Undertake that all the details you provide to us for the purpose of purchasing the Services are correct and that the payment plan you are using is your own and that there are sufficient funds to cover the cost of the Services ordered
4.6.2 Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
4.6.3 Undertake that any Services ordered are for private/domestic use and not to re-sale.
4.7 We shall contact you should any problems occur with the authorisation or re-authorisation of your payment to ensure minimal disruption to Services provided.
4.8 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our us.
5. ORDER PROCESS AND FORMATION OF A CONTRACT
5.1 All orders are subject to acceptance and availability. If any Products or Services ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
5.2 Any order placed by you constitutes an offer to purchase the Services from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
5.3 You shall be responsible for ensuring the accuracy of the details you provide during the order process and we will not accept an order unless all details requested from you have been entered correctly.
5.4 You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Product or Services ordered by you from us.
5.5 A Contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after we have debited your payment plan and have confirmed that we shall be providing the requested service or made it available to be downloaded. We will send you an email to confirm this (a ‘Confirmation Notice’). The Confirmation Notice will amount to an acceptance of your offer to buy the Services from us. The Contract will only be formed when we send you the Confirmation Notice (whether you receive it).
5.6 Where we agree to supply Services to you permanently or on an on-going (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the ‘Minimum Duration’) usually 12 months. The length of the Minimum Duration will depend on which package or product you have selected to purchase (details are provided on the Websites and individual Products and/or Services).
5.7 The Contract will relate only to the Product or Services stated in the Confirmation Notice. We will not be obliged to supply any other Services which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
5.8 You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
5.9 You will be subject to the version of our policies and Conditions in force at the time that you order the Product and/or Services from us, unless:
5.9.1 Any change to those policies or these Conditions is required to be made by law or governmental authority
5.9.2 We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice.
6. REFUNDS, RETURNS AND CANCELLATION POLICY
6.1 Once you have committed to purchasing our product, due to the personalised nature of mi-SOS.org® and mi-PET-SOS.org®, you can’t cancel the purchase unless the following condition is met:
6.1.1 You have purchased the product twice in the same billing period with different email addresses.
6.2 To prevent misunderstandings and disputes this refund policy will be clearly communicated to the cardholder prior to completing the purchase.
6.2.1 To prevent misunderstandings and disputes and reinforce for a second time, this refund policy will be clearly communicated to purchaser in the “Thank you” card enclosed with their wearable purchase.
6.3 Processing refunds:
6.3.1 We will notify you about your refund via email within a reasonable period of time. We will usually process a refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to a refund. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Services.
7. FULL DELIVERY PERIOD OF THE PRODUCTS AND/OR SERVICES OFFERED
7.1 The full delivery period for the Products and/or Services offered the following purchase are as follows:
7.1.1 mi-SOS.org® or mi-PET-SOS.org® wearables: up to a 7-day lead time from order to delivery by First Class Royal Mail post providing all the criteria required are met in full
7.2 All Mavin Informatics Limited Products and/or Services offered for global delivery refer to Products and/or Services licensed for UK use, (unless otherwise explicitly stated in the information). This will be communicated to the cardholder or subscriber prior to completing the purchase to ensure the buyer is aware of the country source of the information and Mavin Informatics Limited will not be held responsible for use of mi-SOS.org® or mi-PET-SOS.org® outside of UK law.
8. COST AND DESCRIPTION OF THE PRODUCTS AND/OR SERVICES BEING OFFERED
8.1 Cost and description of the Products and/or Services offered by us are as follows:
Description: mi-SOS.org® offers people a digital identity profile and QR code to access vital information the subscriber wishes to share in an emergency.
mi-SOS.org® is available by annual subscription delivered via a responsive mobile website accessible by smartphone, android, tablet or PC. A downloadable QR code is available if required to print or position on a mobile phone to facilitate access to the responsive mobile web site emergency data. In addition, various wearable digital identity bracelets, bands and “slip-on tags” are offered to the subscriber.
Cost: Subscription: mi-SOS.org® annual subscription launch price is £9.99 per year, however, will revert to £1.00 per month or £12.00 per year in 2020.
Cost: Wearables: Various bracelets, bands and “slip-on” tags are shown on the catalogue on the mi-SOS.org website with a budget range from £8.00 to premium range at £30.00.
Description: mi-PET-SOS.org® offers people a digital identity profile for their pets and QR code to access vital information the subscriber wishes to share in an emergency.
mi-PET-SOS.org® is available by annual subscription delivered via a responsive mobile website accessible by smartphone, android, tablet or PC. A downloadable QR code is available to print or position on various wearable identity “slip-on tags” for pet collars.
Cost: Subscription: mi-SOS.org® annual subscription launch price is £9.99 per year, however, will revert to £1.00 per month or £12.00 per year in 2020.
Cost: Wearables: Various with a budget range from £10.00 to premium range at £30.00.
9. TRANSACTION CURRENCIES
9.1 All transactions unless otherwise stated shall be made in GBP, (Sterling).
9.2 Mavin Informatics Limited are based in the UK and this will be clearly disclosed to the cardholder immediately prior to the completion of the payment instructions.
10. EXPORT RESTRICTIONS
10.1 Export restrictions apply to the UK systems provided by Mavin Informatics Limited Products and/or Services and should not be provided to the U.S.A and Canada. It is known however that laws may differ from country to country. Please refer to clause 7.2 on global delivery.
11. INTELLECTUAL PROPERTY
11.1 The Products and/or Services belong to Mavin Informatics Limited are protected by copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or Services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Mavin’s moral rights and any similar rights in any country, (this is applicable whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
11.2 It is highlighted that the QR Code is registered trademark of DENSO WAVE INCORPORATED.
11.3 It is highlighted that the use of the Star of Life and Staff of Asclepius are common healthcare symbols and are used to notify emergency services of information.
11.4 All Intellectual property rights regarding mi-SOS.org® and mi-PET-SOS.org® supplied as part of the Products and/or Services shall remain with us.
11.5 You may download or copy content and other downloadable items displayed on your profile within the Products and/or Services subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Products and/or Services for other than personal use is expressly prohibited.
11.6 You may retrieve and display the content within your profile in the Products and/or Services on a computer screen or mobile platform, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
11.7 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on your profile in the Products and/or Services.
11.8 You acknowledge that any other use of the material and content of your profile in the Products and/or Services is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
11.9 No licence is granted to you to use any of our trademarks.
12. FORCE MAJEURE
12.1 We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation include the following:
12.1.1 Strikes, lock-outs or other industrial action
12.1.2 Shortages of labour, fuel, power, raw materials
12.1.3 Late, defective performance or non-performance by suppliers
12.1.4 Private or public telecommunication, computer network failures or breakdown of equipment
12.1.5 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
12.1.6 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions
12.1.7 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
12.1.8 Acts, decrees, legislation, regulations or restrictions of any government
12.1.9 Other causes, beyond our reasonable control.
12.2 Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
12.3 Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or we may, by written notice to the other, terminate the Contract with immediate effect upon service.
13.1 It shall be your responsibility to ensure that any Products and/or Services or information available through Mavin Informatics Limited meet your specific requirements.
13.2 We will not be liable to you if the Products and/or Services are unavailable at any time.
13.3 We attempt to ensure that the information available on the Products and/or Services at any time is accurate. However, we do not guarantee the accuracy or completeness of material on the Products and/or Services. You are responsible for the accuracy of data and any omissions within your profile. We use all reasonable endeavours to correct bugs and programming errors as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
13.4 All drawings, images, descriptive matter and specifications on the Products and/or Services are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
13.5 Any prices and offers for Products and/or Services are only valid at the time they are published
13.6 All prices and descriptions supersede all previous publications.
13.7 Every effort is made to keep information regarding availability on the Products and/or Services up to date. However, we do not guarantee that this is the case, or that connection will always be available.
13.8 The Products and/or Services are provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no advice, warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Terms and Conditions or required by law) in relation to the information, materials, content or Services found or offered on the Products and/or Services for any particular purpose or any transaction that may be conducted on or through the Products and/or Services including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
13.9 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Products and/or Services or that it will be timely or error-free, that defects will be corrected, or that either of the Products and/or Services or the server used to make the sites available are free of viruses, Trojans or bugs.
13.10 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Products and/or Services and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Products and/or Services.
13.11 We cannot guarantee and cannot be responsible for the security or privacy of the Products and/or Services and any information provided by you, however, we aim to operate our Services to the highest level i.e. within cyber-security essentials plus requirements and within the requirements of the NHS DSP toolkit.
13.12 We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.
13.13 You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses Trojans, worms, logic bombs, keystroke loggers, spyware, adware or any other material which is malicious. The above point includes all harmful technologically that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Products and/or Services or you downloading any material posted or sold via the Products and/or Services or from any Products and/or Services linked to it.
13.14 You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, including any other liabilities arising out of your use of our Websites or applications, or any other person accessing our Websites and applications using your personal information with your authority.
13.15 We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
13.16 We will not be liable, in Contract or tort (including, without limitation, or negligence), in respect of a pre-Contract or other representations (other than fraudulent misrepresentations) or otherwise for:
13.16.1 any economic losses (including without limitation loss of revenues, profits, Contracts, business or anticipated savings and any other consequential loss); or,
13.16.2 any loss of goodwill, reputation, special or indirect loss; or,
13.16.3 any loss of data; or,13.16.4 wasted management or office time; or,
13.16.4 any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of the Websites or any aspect related to your purchase of the Services even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Terms and Conditions,
13.16.5 Without prejudice to the Terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract. Whether or not the above is deliberate, including those listed in the clauses above it is strictly limited to the purchase price of the Services you purchased.
13.17 This clause does not affect your statutory rights as a consumer, nor does it affect your Contractual cancellation rights.
13.18 Upon purchase of any/all Mavin Informatics Limited Products and/or Services, you automatically accept our full Terms and Conditions, therefore, you agree to abide by this disclaimer and all the points identified within.
14. USE OF THE PRODUCTS AND/OR SERVICES
14.1 We provide access and use of the Products and/or Services on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
14.2 You are permitted to use the Products and/or Services and the material contained in them only as expressly authorised by us and in accordance with these Terms and Conditions, as may be amended from time to time without notice to you.
14.3 We reserve the right to:
14.3.1 Make changes to the information or materials on the Products and/or Services at any time and without notice to you
14.3.2 Temporarily or permanently change, suspend or discontinue any aspect of the Products and/or Services, including the availability of any features, information, database or content or restrict access to parts of or the entire Products and/or Services without notice or liability to you or any third-party user
14.3.3 Refuse to post material on the Products and/or Services or to remove material already posted on the Products and/or Services.
14.4 You may not use the Products and/or Services for any of the following purposes:
14.4.1 Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
14.4.2 Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
14.4.3 Breaching any applicable local, national or international laws, regulations or code of practice
14.4.4 Gaining unauthorised access to other computer systems
14.4.5 Interfering with any other person’s use or enjoyment of the Products and/or Services
14.4.6 Breaching any laws concerning the use of public telecommunications networks
14.4.7 Interfering with, disrupting or damaging networks or Products and/or Services connected to the Products and/or Services
14.4.8 Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Products and/or Services
14.4.9 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
14.4.10 To create and/or publish your own database that features all or substantial parts of the Products and/or Services
14.4.11 Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
14.4.12 Knowingly introduce viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Products and/or Services
14.4.13 Attempt to gain unauthorised access to the Products and/or Services, the servers on which the Product and/or Services are stored, or any server, computer or database connected to it
14.4.14 Attack the Products and/or Services via a denial-of-service attack or a distributed denial-of-service attack
14.4.15 Damage or disrupt any part of the Products and/or Services, any equipment or network on which the Products and/or Services are stored, or any software used for the provision of the Products and/or Services.
14.5 A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Products and/or Services will cease immediately.
15. SUSPENDING OR TERMINATING YOUR ACCESS
15.1 We reserve the right to terminate or suspend your access to the Products and/or Services immediately and without notice to you if:
15.1.1 You fail to make any payment to us when due
15.1.2 You breach any terms set out in these Terms and Conditions of Use and Service or those within the Service Level Agreements (repeatedly or otherwise)
15.1.3 We suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Products and/or Services
15.1.4 When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you or your identity
15.1.5 You are impersonating any other person or entity.
16.1 You acknowledge that any review, feedback or rating which you leave may be published by us on the Products and/or Services and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other Products and/or Services, publications or marketing materials.
16.2 You undertake that any review, feedback or rating that you write shall:
16.2.1 Comply with applicable law in the UK and the law in any country from which they are posted
16.2.2 Be factually accurate16.2.3 Contain genuinely held opinions (where applicable)
16.2.3 Not contain any material that is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
16.2.4 Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
16.2.5 Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach any legal duty you owe to a third party
16.2.6 Not be used to impersonate any person, or to misrepresent your identity.
16.3 You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Products and/or Services, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
16.4 You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
16.5 We reserve the right to publish, edit or remove any reviews without notifying you.
17. LINKING TO THE PRODUCTS AND/OR SERVICES
17.1 You must not create a link to the Mavin Products and/or Services from any other provider’s Products and/or Services, document or any other source without first obtaining our prior written consent.
17.2 Any agreed link must be:
17.2.1 To any of the Products and/or Services homepages
17.2.2 Established from a Products and/or Services or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
17.2.3 Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
17.2.4 Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists.
17.3 We have no obligation to inform you if the address of the Products and/or Services home pages changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
17.4 We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice, you must immediately remove the link and inform us once this has been done.
18. EXTERNAL LINKS
18.1 To provide increased value and convenience to our users, we may provide links to other Products and/or Services or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked Products and/or Services we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
18.1.1 The privacy practices of such Products and/or Services or the use which others make of them
18.1.2 The content of such Products and/or Services, inc. (without limitation) any advertising, content, Products, goods or other materials, Services on/or available from such Products and/or Services or resources
18.1.3 Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, Products, goods, materials or Services available on and/or purchased by you from such external Products and/or Services or resources.
19. LIMITATION OF LIABILITY AND INDEMNITY
19.1 Notwithstanding any other provision in these Terms and Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
19.1.1 Death or personal injury resulting from our negligence
19.1.2 Fraud or fraudulent misrepresentation
19.1.3 Action pursuant to section 2(3) of the Consumer Protection Act 1987
19.1.4 Any matter for which it would be unlawful for us to attempt to or exclude our liability.
19.2 We will not be liable, in Contract or tort (including, without limitation, negligence), or in respect of pre-Contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below-mentioned losses.
19.3 This includes any loss, which you suffered or incurred arising out of or in connection with the provision of any matter in these Terms and Conditions even if such losses are foreseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach:
19.3.1 Any economic losses (including without limitation loss of revenues, profits, Contracts, business or anticipated savings).
19.3.2 Any loss of goodwill or reputation; or,
19.3.3 Any special or indirect losses; or,
19.3.4 Any loss of data,
19.3.5 Wasted management or office time,
19.3.6 Any other loss or damage of any kind.
19.4 You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms and Conditions by you, or any other liabilities arising out of your use of this Products and/or Services or any other person accessing the Products and/or Services using your personal information with your authority. This clause does not affect your statutory rights as a consumer.
20.1 We reserve the right to change the domain address of the Products and/or Services and any product prices, product specifications and/or availability at any time.
20.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these Terms and Conditions and the remainder of the provision in question will not be affected.
20.3 All Contracts are concluded and available in English only.
20.4 If we fail, at any time to insist upon strict performance of any of your obligations under these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms and Conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
20.5 A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.6 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
20.7 We will limit the number of profiles you can purchase directly at nine in total. Should you wish to purchase additional profiles this can be done as a group booking by contacting: email@example.com
21. GOVERNING LAW AND JURISDICTION
21.1 The Products and/or Services are controlled and operated in the United Kingdom.
21.2 These Terms and Conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
22.3 All information provided by you will be treated securely and in accordance with the Data Protection Act 2018 (DPA2018) (as amended).
23. ENTIRE AGREEMENT
23.1 The Contract represents the entire agreement in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, oral or written.
23.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
23.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of Contract as provided in these Conditions.
24. CUSTOMER SERVICE, COMMENTS AND COMPLAINTS
24.1 If you have any comments, concerns or complaints about any of the Products and/or Services you have ordered or purchased from us, please contact us at:
1 GEPs Place
Telephone Number: +44 (0) 1670 818229
For the Attention of: Jan Hall – Chief Legal and Compliance Officer