Other applicable termsThese Terms refer to the following additional documents, which also apply to your use of our Site:
- Our Acceptable Use Policy & Content Standards, at the end of this document, which sets out how you can and cannot use our Site, including the use of interactive features, our responsibilities to you, and the penalties for breaching the policy.
Information about usOur Site is operated by MUTU Holdings Limited (“we”), a limited company registered in England and Wales under company number 08140536. Our registered office is C/O Bishop Fleming, Chy Nyverow, Newham Road, Truro, Cornwall, TR1 2DP United Kingdom.
Changes to these termsWe may revise these Terms at any time by amending this page. Please ensure that you familiarise yourself with our Terms before using our Site.
Changes to our SiteWe may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
Representations and age RestrictionYou must not falsely identify yourself nor provide any false information to gain access to the Site. This Site is not aimed at children and you must be at least 18 years of age to use the Site.
No reliance on informationThe 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. Please refer to our Medical Disclaimer. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Site is accurate, complete or up-to-date.
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
- 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.
VirusesWe do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order 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 which 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.
Linking to our SiteYou may link to our Site, 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. 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 as notified to you from time to time. If you wish to make any use of content on our Site other than that set out above, please e-mail us at [email protected]. Third party links and resources in our Site Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and we are not liable for any such content, material or resources. The display of any hyperlink and reference to any third party site does not mean that we endorse that third party’s site, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
Applicable lawIf you are a consumer, please note that these Terms, its subject matter and its formation, are governed by the laws of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you 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. If you are a business, these Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Acceptable Use Policy:Prohibited uses You may use our Site only for lawful purposes. You may not use our Site:
- in any way that breaches any applicable local, national or international law, rule, regulation or ordinance;
- 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 others in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
- 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.
- modify or make derivative works based upon the Site;
- 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;
- reverse engineer or access the Site in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to the Site, or (c) copy any ideas, features, functions or graphics of the Site;
- interfere with or disrupt the integrity or performance of the Site or the data contained therein, or our servers or networks; or
Interactive servicesWe may from time to time provide interactive services on our Site. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users (and in particular for children) from third parties when they use any interactive service provided on our Site and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
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. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole. Contributions must:
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with applicable law in the UK and in any country from which they are posted.
- 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; or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and terminationWe will determine, in our sole discretion, whether there has been a breach of the Terms (including but not limited to this acceptable use policy) through your use of our Site. When a breach of the Terms has occurred, we may take such action as we deem appropriate, including but not limited to restricting or revoking your access to the Site. Failure to comply with the Terms constitutes a material breach of the Terms 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;
- 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; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.