WEBSITE ACCEPTABLE USE POLICY
PLEASE READ THIS POLICY CAREFULLY BEFORE USING THIS SITE
It might seem strange to have a policy about how to use our website but from time to time a small minority of people do attempt to do odd and unwelcome things with websites. As far as it’s possible to do so, we want to prevent this from happening to ours and from affecting your experience of our site.
So our acceptable use policy makes clear what we don’t consider is fair, appropriate or lawful treatment of our site. By browsing our site, you agree to the terms of this and all our website policies - they apply to all visitors to our site however they may choose to interact with it.
If you’re using our site lawfully, none of what we say below should give you any cause for concern - and it shouldn’t surprise you. By ensuring we can protect our site and if necessary, being able to take prompt and robust action against unscrupulous persons, we ensure that we protect you and your experience of our site.
www.mooch.co is a site operated by Mooch Design Limited (“we”). We’re a private limited company, registration number 4480678 and registered address is 83 West Cliff Road, Ramsgate, Kent CT11 9NS (not open to the public). Our VAT number is 805 4307 54.
PROHIBITED USES
We only consent to the lawful use of our site. This means you can’t 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 send, knowingly receive, upload, download, use or re-use any material which doesn’t comply with our content standards (see below).
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· 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.
As part of our agreement, you also agree:
· Not to reproduce, duplicate copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
· 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.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to our site (“contributions”), and to any interactive services associated with it.
We both agree that you’ll comply with the spirit and the letter of the following standards. These standards apply to the whole or any part of any content contribution you make.
So, this means that your contributions must:
· be accurate (where they state facts)
· be genuinely held (where they state opinions)
· comply with applicable law in the UK and in any country from which they are posted.
It also means that your contributions must not:
· contain any material which is defamatory of any person;
· contain any material which is obscene, offensive, hateful or inflammatory;
· promote sexually explicit material;
· promote violence;
· promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
· infringe any copyright, database right or trade mark of any other person;
· be likely to deceive any person;
· be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
· promote any illegal activity;
· be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
· be likely to harass, upset, embarrass, alarm or annoy any other person;
· be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
· give the impression that they emanate from us, if this is not the case;
· advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
Where we detect a suspected breach of this policy by you, we’ll confirm in our discretion whether it is in fact a breach. If we conclude that you have breached the policy, we have the right to take whatever remedial or protective action that we reasonably consider to be appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of our terms of website use which contains our consent to your lawful use our site. This breach may result in us taking all or any of the following actions:
· immediate, temporary or permanent withdrawal of your right to use our site;
· immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
· issue of a warning to you;
· 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;
· further legal action against you;
· disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
If we believe that we have to do any of the above, we exclude liability for any of those actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. Ideally, you should check this page from time to time as these changes will also be binding on you - although again, none of these changes should be worrying to you if you’re acting lawfully.
You should read this policy in conjunction with the other terms and policies referred to in it.
MOOCH LEGAL INFORMATION
The information and documentation contained on this website was produced by Mooch Design Limited. The material is intended only as a guide and is not to be regarded as a substitute for obtaining legal advice, since every case will ultimately turn on its own particular facts and circumstances. We will not be held liable for any loss or damage arising as a result of any delays, inaccuracies, errors or omissions in the information and documentation available on this web site, or in the transmission or delivery of all or any part thereof.
We own the copyright in the material contained on this website. You must not use any material from this website, including documentation, code and software, in any way that infringes the intellectual property rights in it. You may view, download and print material from this web site which you may then use, copy or reproduce for your own internal non-profit making purposes. However, under no circumstances are you permitted to use, copy or reproduce any of the material on this website with a view to profit or gain. In addition, you must not sell or distribute any of the material on this web site to third parties, whether for monetary payment or otherwise.
MOOCH WEBSITE TERMS AND CONDITIONS
Your use of this website is subject to the terms and conditions that follow, please read them carefully. By proceeding to browse and use this website you are deemed to have agreed to comply with and be bound by these terms and conditions, which together with our Cookies and Privacy Policy govern our relationship with you with regards to this website. If you do not agree with any of these terms and conditions please leave this website immediately.
These terms and conditions apply to your use of every part of this website. Separate terms and conditions will apply to any website accessible via a hyperlink from this website. Please note that this website is intended for residents of the United Kingdom only. This site is not applicable to residents of other countries as the law in other countries may restrict the distribution of the information and products available on this website.
To avoid doubt, none of the information on this website constitutes an offer to contract in any country in which it is available including the United Kingdom.
ALTERATIONS
We reserve the right to amend these terms and conditions at any time and from time to time. If these terms and conditions change in any way, we will post an updated version on this page. Amendments to these terms and conditions will apply to your use of this website and by continuing to use the website after such changes you are deemed to have agreed with these amendments.
We also reserve the right to remove or cease to supply any product or service contained on this website. In the event that removal takes place we shall not be liable to you in any way whatsoever for this removal.
Prices and details of products and services posted on this website are subject to change at any time without notice. All products and services are subject to availability and we give no guarantees in this regard.
AVAILABILITY
We try to ensure that access to this website is uninterrupted and error free. However, due to the nature of the internet the website is provided on an "as available" basis. We will not be liable if for any reason the website is unavailable at any time for any period.
We will not be liable for loss or damage arising if this website becomes unavailable or is suspended for any reason.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat this information as confidential and you must not disclose it to any third party. We have the right to disable any user name or password whether chosen by you or allocated by us at any time if, in our opinion, you have failed to comply with any of the provisions of these terms and conditions.
COPYRIGHT AND INTELLECTUAL PROPERTY
Unless otherwise stated, the rights in the designs, pictures, logos, photographs, documentation, information and other content of this website are owned by or licensed to us. They are protected by copyright, trademarks and other intellectual property rights. You must not use any material on this website in any way that infringes the intellectual property rights in it and, where necessary, our status as authors of the material must be stated.
You may only view, download or print individual pages or documents for your own personal use. You are not permitted to download, copy, reproduce, modify, redistribute, republish, display, post, transmit or extract any part of this website with a view to profit or gain. In addition, you must not sell or distribute any of the material on this website to third parties, whether for monetary payment or otherwise.
If you copy, download or print any part of this website in breach of the terms and conditions, your right to use this website will cease immediately and you must return or destroy any copies of the materials you have made.
DATA PROTECTION
All personal information supplied to us will be processed in accordance with the provisions of the Data Protection legislation, including the General Data Protection Regulation (the GDPR).
Through your use of this website, you agree that personal information that is provided will be dealt with according to our Cookies and Privacy Policy.
If you have any questions regarding our Data Protection policies or our Cookies and Privacy Policy please email our Data Protection Officer on info@mooch.co
MONITORING
Subject to the terms of our Cookies and Privacy Policy, we will monitor your use of this website and this information will be used by us for internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organisation.
OUR LIABILITY
The material displayed on this website was produced by us and is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
· All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
· Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this website or in connection with the use, inability to use, or results of the use of this website, any websites linked to it and any materials posted on it, including, without limitation, any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This exclusion does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
The publication of the information provided on this website by us does not constitute a recommendation that you enter into a particular transaction, nor a representation that any product and/or service detailed on this website is suitable or appropriate for you. Certain products and/or services detailed on this website may involve significant risks, and unless you have fully understood all such risks and independently determined that such transactions are appropriate for you, you should not enter into any transactions. You should not construe any of the information which is contained on this website as legal, business, financial, regulatory, tax, accounting or other professional advice.
GOVERNING LAW
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. In the event of a dispute, you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
LINKS TO THIRD PARTY WEBSITES
Links from our website to third party websites are provided purely for your convenience and such links do not constitute an endorsement, affiliation or authorisation by us with respect to such third party websites. When you activate these links you will leave our website. We do not endorse or take responsibility for the content on third party websites or the availability of these websites and we are not liable for any loss or damage that you may suffer by using these websites. If you decide to access linked websites you do so entirely at your own risk.
OWNERSHIP OF WEBSITE
www.mooch.co is a site operated by Mooch Design Limited (“we”). We’re a private limited company, registration number 4480678 and registered address is 83 West Cliff Road, Ramsgate, Kent CT11 9NS (not open to the public). Our VAT number is 805 4307 54.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse this website by knowingly introducing viruses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to this website. You must not attack this website 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 and the Police and Justice Act 2006. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any websites linked to it.
We cannot and do not warrant that this website is free of viruses or technical defects of any description and will not be responsible for any technical problems arising from the use of this website.
ACCEPTABLE USE STANDARDS
You may use our website only for lawful purposes. You may not use our site:
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation, for example 'spam'.
· To transmit, or procure the sending of any material which is: defamatory of any person, obscene, offensive, inflammatory, sexually explicit, promotes discrimination or harassment based on sex, sexual orientation, gender reassignment, marital or civil partnership status, race, age, religion or disability, infringes any copyright, database right or trade mark of any person, is likely to deceive any person, is in breach of any legal duty owed to a third party (for example, the duty of confidence), is threatening or abusive, is likely to harass, upset or embarrass any other person, misrepresents your identity, or advocates or promotes any unlawful act.
We will determine, in our absolute discretion, whether there has been a breach of these acceptable use standards through the use of our website. If a breach of this policy has occurred, we may take such action as we deem necessary.
Failure to comply with these acceptable use standards constitutes a material breach of these terms and conditions and may result in our taking all or any of the following actions:
· Immediate, temporary or permanent withdrawal of your right to use our website.
· Immediate, temporary or permanent removal of any posting or material uploaded by you to our website.
· A warning being issued to you.
SECURITY
We will take all reasonable steps to ensure that any personal information you provide is kept secure. However, because of the nature of the internet, we cannot and do not guarantee that personal information you provide will not be intercepted by others and decrypted. Consequently, your privacy cannot be guaranteed. Please refer to our Cookies and Privacy Policy.