Website Terms Of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AS THEY ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.

These terms tell you the rules for using our website www.mywebsitebuilder.co.uk (our "Site"). A reference to "you" or "your" is a reference to the user of our Site.

WHO WE ARE AND HOW TO CONTACT US

www.mywebsitebuilder.co.uk is operated by My Website Builder Ltd ("we", "our" or "us"). We are registered in England and Wales under company number 11076411 and have our registered office at 33 Lyme Road, Crewkerne, United Kingdom, TA18 8HE.

To contact us, please email admin@mywebsitebuilder.co.uk.

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our Site and/or creating a user account on our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Site. We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms refer to the following additional terms, which also apply to your use of our Site:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Cookie Policy, which sets out information about the cookies on our Site.

Our Customer Terms and Conditions, which set out the terms on which we will supply our services to you.

The terms and conditions of our third party payment provider, Stripe, available here: https://stripe.com/gb/legal

WE MAY MAKE CHANGES TO THESE TERMS AND OUR SITE

We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.

We may update and change our Site from time to time to reflect changes to our services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

WE MAY SUSPEND OR WITHDRAW OUR SITE

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.

CREATING AN ACCOUNT

If you would like to use our services, you will need to complete the registration process on our Site so that we can create an account for you. To register to create an account, you will need to input the details specified on our registration form and then click “Register”. Please take the time to read and check your details during the registration process and amend any errors before submitting your details to us.

We reserve the right to refuse to open an Account without having to give a reason. You agree that by clicking "Register", you are entering into a legally binding agreement on the terms set out in our Customer Terms and Conditions.

You may only create and hold an account if you have not previously held an account with us that has been permanently suspended or terminated.

If you are not a business user, you warrant to us that you are registering to open an account on your own behalf and in your own name (and not on behalf of and/or in the name of a third person). You must give us your real name and any other information you provide to us must be truthful.

If we need to contact you, we will contact you by email using the email address you provided to us in the registration form you submitted when you created your account. You agree to keep your contact information up to date. If you do not keep your contact information up to date you may not receive important notifications about your account, our Site and/or any services we are providing to you.

TERMINATION AND SUSPENSION OF YOUR ACCOUNT

Your account is personal to you and may not be sold or transferred to a third party. If you attempt to sell or transfer your account to a third party, we may prevent you from accessing your account and/or may suspend or terminate your account on a permanent or temporary basis.

If you want to terminate your account you will need to notify us by email sent to admin@mywebsitebuilder.co.uk or follow the instructions at www.mywebsitebuilder.co.uk/User/Account. You acknowledge that if we are providing services to you on the date you notify us that you want to terminate your account, it may not be possible for us to terminate your account immediately as you may need to continue to hold your account until you give us the amount of notice stated in our Customer Terms and Conditions. We will only terminate your account once the notice period applicable to the services we are providing to you have expired.

We may, in our absolute discretion, terminate or suspend your account and prevent you from accessing your account (on a permanent or temporary basis) if at any time:

  • we believe that you have breached these terms or any other terms that apply to you;
  • we believe that you have acted in a way which is unlawful, or which may create liability for us, our users, our internet service providers or any other supplier; and/or
  • we are unable to verify any information provided by you.

If we terminate or suspend your account for the reasons set out above or any other reason set out in these terms you shall no longer be permitted to use our Site or access to and/or use of your account or, in the case of a temporary suspension, for the duration of that suspension.

The termination or suspension of your account on a permanent or temporary basis may affect our ability to provide services to you. We shall not be liable to you for any losses you incur as a result of or in connection with our failure to provide you with any services (or otherwise) where your account is terminated or suspended on a permanent or temporary basis for the reasons set out above or any other reason set out in these terms.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at admin@mywebsitebuilder.co.uk.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it by My Website Builder Ltd. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. This includes any websites created by users of our Site. We have no control over the contents of those sites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This Site may include information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on admin@mywebsitebuilder.co.uk.

ACCEPTABLE USE RESTRICTIONS

You may only use our Site for lawful purposes. You may not use our Site:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to access without authority, interfere with, damage or disrupt any part of our Site, any equipment or network on which our Site is stored, any software used in the provision of our Site or any equipment or network or software owned or used by any third party.

Failure to comply with these acceptable use restrictions constitutes a material breach of these terms, upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our Site;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these acceptable use restrictions. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in the Acceptable Use Restrictions (above).

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

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 Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Restrictions.

You are solely responsible for securing and backing up your content.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

When you upload or post content to our Site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the services provided by the Site and across different media.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our Site will be secure or free from bugs or viruses. We are not responsible for viruses and you must not introduce them.

You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

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 and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply our services to you, which will be set out in our Customer Terms and Conditions.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.

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:

use of, or inability to use, our Site; or

use of or reliance on any content displayed on our Site.

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in this policy.

If you wish to link to or make any use of content on our Site other than that set out above, please contact admin@mywebsitebuilder.co.uk.

WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?

The terms, their subject matter and their formation, are governed by English law. The courts of England and Wales will have exclusive jurisdiction except that if you are a consumer and are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

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