The following documents may also apply to your use of Our Site:
• Our Acceptable Usage Policy, available at <<insert link>>. This is also referred to below in Parts [3,] 7, 10, [11,] and 16.
• If you purchase goods from Us, Our Terms of Sale, available at <<insert link>>, will apply to the sale. These terms are also referred to below in Parts 13 and 14.
1. Definitions and Interpretation
“Account” means an account required to access certain features on Our Site, as set out in Part 7;
[“Contact Tools” means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat;]
“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;
“User” means a user of Our Site;
“User Content” means <<insert type(s) of user content supported e.g. reviews, comments, etc.>>, shared by Users on Our Site; and
“We/Us/Our” means Bombki.
2. Information About Us
2.1 Our Site is operated by Bombki. [We are a sole trader and our registered address is 51 St Mary’s Lane, Upminster Essex RM124 2QU and Our main address is 33 Tawny Ave, Upminster, Essex RM14 2EW
2.2 Our main address is 33 Tawny Ave, Upminster, Essex RM14 2EW
2.3 [Our VAT number is 778 4719 69.]
2.4 [We are regulated by N/a.]
3. How to Contact Us [and Your Use of Our Contact Tools]
3.1 To contact Us by email, please email Us at firstname.lastname@example.org or to contact Us by telephone, please call Us on mobile.07715 341 287 / office.01708 457 993.
3.2 [We provide the following Contact Tools for you to contact Us:
• Email, SMS, Mobile Telephone, Office Telephone
3.3 When using Our Contact Tools or contacting Us by any other means, [Our Acceptable Usage Policy, available at <<insert link>>, applies.] OR [the following rules apply, and you must not communicate, submit, or otherwise do anything that:
a) [is sexually explicit];
b) in any way sexualises minors (including, but not limited to, child sexual abuse material);
c) is obscene, deliberately offensive, hateful, or otherwise inflammatory;
d) promotes violence;
e) promotes, encourages, incites, or supports acts of terrorism;
f) promotes or assists in any form of unlawful activity;
g) is defamatory of another person;
h) bullies, insults, intimidates, or humiliates another person;
i) discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
j) is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
k) is calculated or otherwise likely to deceive;
l) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
m) misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive [(obvious parodies are not included in this definition provided that they do not breach any of the other content standards in this Part 3)];
n) implies any form of affiliation with Us or any other party where there is none;
o) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to Us or any other party;
p) is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence.
3.4 We may monitor any and all communications made using Our Contact Tools.
4. Access to Our Site
4.1 Access to Our Site is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.
4.3 Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted. [If We suspend or discontinue Our Site (or any part of it), We will try to give you reasonable notice of the suspension or discontinuation.]
5. Changes to Our Site
We may alter and update Our Site (or any part of it) at any time [New Product Designs & Pricing Changes]. [If We make any [significant] alterations to Our Site (or any part of it), We will try to give you reasonable notice of the alterations.]
7.1 Certain features on Our Site, including the ability to purchase goods from Us, may require an Account.
7.2 Only Users aged 16 years or over may create an Account. [If you are under the age of 16 years and wish to use the features on Our Site that require an Account, your parent or guardian must create the Account for you and you may only use the Account with their supervision.]
7.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes, it is your responsibility to ensure that your Account is kept up to date.
7.4 We recommend that you choose a strong password for your Account, consisting of <<insert description, e.g. “a combination of lowercase and uppercase letters, numbers, and symbols”>>.
7.5 It is your responsibility to keep your Account details safe. [You must not share your Account details with anyone else.] If you believe your Account is being used by someone else without your permission, please change your password immediately by editing your account details online or you contact Us using the details above in Part 3.
7.6 You must not use another person’s Account [without their permission].
7.9 If you delete your Account, any User Content that you have shared on Our Site will [also be deleted] OR [<<insert a description of what will happen to the user’s User Content>>.]
8. [International Users
Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.]
9. How You May Use Our Site and Content (Intellectual Property)
9.1 With the exception of User Content (please refer to Part 10), all Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
9.2 Users retain the ownership of the copyright and all other intellectual property rights in their User Content (with the exception of any part of any User Content which is owned by a third party, in which case, Users must obtain express permission for such material to be used in the User Content). For information on the use of User Content, please refer to Part 10.
9.3 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
9.4 You may print one copy and download extracts of any page(s) from Our Site for personal use only.
9.5 [You may not otherwise modify the printed copies, downloaded extracts, or downloaded or saved Content in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.]
9.6 You may not use any Content (including User Content) from Our Site for commercial purposes without first obtaining a licence from Us, Our licensors, or the relevant User, as applicable. [This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.]
9.7 Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as applicable) must always be acknowledged.
10. User Content
10.1 User Content on Our Site includes reviews, comments and direct messaging.
10.2 An Account is required for the submission of User Content to Our Site.
10.3 All User Content and communications with other Users on Our Site must comply with the content standards set out in Our Acceptable Usage Policy, available at <<insert link>>.
10.4 You warrant that you will comply with Part 10.3 and the content standards referred to. You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of your warranty. You will be responsible for any loss or damage suffered by Us as a result of such a breach.
10.5 We are not responsible for any loss of User Content submitted to Our Site. It is your sole responsibility to secure and backup your User Content.
10.6 All User Content is considered non-confidential and non-proprietary.
10.7 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy.
10.8 We have the right to disclose your identity to a third party if that third party claims that any User Content submitted by you infringes their intellectual property rights (including, but not limited to, copyright) or their right to privacy.
10.9 User Content is not approved or verified by Us before it is displayed on Our Site. The opinions, views, and values expressed in User Content on Our Site are those of the relevant Users and do not represent Our opinions, views, or values.
10.10 We do not store any terrorist content.
10.11 If you wish to make a complaint about any User Content, please contact Us using the details provided above in Part 3. [<<Insert reference or link to an explanation of how your reporting process works, and how your guidelines are developed, enforced, and reviewed, including information on performance metrics and take-down>>.]
10.12 If you wish to remove User Content, you may do so by <<insert brief description of method>>. Please note that caching or references to your User Content may not be made unavailable immediately and may not be made unavailable where they are outside of Our reasonable control.
10.13 User Content on Our Site and the copyright and other intellectual property rights in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
10.14 You (or your licensors, as appropriate) retain the ownership of your User Content and all associated intellectual property rights. When you submit User Content to Our Site, you grant Us an unconditional, non-exclusive, fully transferrable, royalty free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content to the extent necessary to operate [and promote] Our Site.
10.15 In addition to the licence granted to Us under Part 10.14, by submitting User Content to Our Site, Users grant each other the right to copy and quote their User Content within Our Site for the purpose(s) of reviews, comments, mailshots and direct messaging.
11. Links to Our Site
11.1 [You may link to any page on Our Site] OR [You may only link to the homepage of Our Site, <<insert address>>. Linking to other pages on Our Site requires Our express written permission.]
11.2 Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
11.3 You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
11.4 Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.
11.5 [You must not frame or embed Our Site on another website without Our express written permission.]
11.6 [You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.]
12. Links to Other Sites
12.1 Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
12.2 The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
13.1 Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only. [Professional or specialist advice should always be obtained before taking any action relating to description of our product and services.
13.2 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date, but to the extent permitted by law, We make no warranties, representations, or guarantees (express or implied) that this will always be the case. Please note that this does not apply to information concerning goods for sale through Our Site. Please refer to Our Terms of Sale, available at <<insert link>> for more information.
13.3 If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
14. Our Liability
14.1 The provisions of this Part 14 apply only to the use of Our Site and not to the sale of goods. The sale of goods is governed by Our Terms of Sale, available at <<insert link>>.
14.3 If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability 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 (including User Content) included on Our Site.
14.4 If you are a business user, We accept no liability for loss of profit, 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.
14.5 [Our Site is intended for non-commercial use only.] If you are a consumer, you agree that [you will not use Our Site for any commercial or business purposes and that] We shall have no liability to you for any business losses as set out above.
14.6 [Subject to Part 14.7, if] OR [If] you are a consumer and Our Content (digital content) from Our Site (that is not User Content) damages other digital content or a device belonging to you, where that damage is caused by Our failure to use reasonable skill and care, We will either compensate you or repair the damage.
14.7 [Note that the right to compensation or repair in Part 14.6 will be lost if the damage in question could have been avoided by following advice or instructions from Us to install a free patch or update; if the damage resulted from your failure to follow instructions; or if the minimum system requirements provided by Us for the digital content in question were not met.]
15. Viruses, Malware, and Security
15.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
15.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
15.3 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.
15.4 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.
15.5 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.
15.6 By breaching the provisions of Parts 15.3 to 15.5, 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.
16. Acceptable Usage of Our Site
16.2 You may only use Our Site in a lawful manner:
a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
b) You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
c) 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.
a) Suspend or terminate your right to use Our Site;
b) Issue you with a written warning;
c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
d) Take further legal action against you, as appropriate;
e) Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
f) Any other actions which We deem reasonably appropriate (and lawful).
16.4 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 16.3) in response to your breach.
17. How We Use Your Personal Information
18. Communications from Us
18.2 We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. [Email marketing options can also be changed in your Account Settings. If you opt out of emails from Us, it may take up to 14 days for your request to take effect and you may continue to receive emails during that time.
18.3 For questions or complaints about communications from Us, please contact Us using the details above in Part 3.
19. What Happens if We Transfer this Agreement to Another Party
20. Law and Jurisdiction
20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 20.1 takes away from or reduces your legal rights as a consumer.