Terms and Conditions
TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE WITH THE DOMAIN NAME WWW.CHARLESWIX.COM
What’s in These Terms?
These terms tell you the rules for using our website with the domain name www.charleswix.com (“the site”).
1. Who We Are and How to Contact Us
The site is operated by Charles Wix Limited (“We”). We are a limited liability company registered in England and Wales under company number 14035929. Our registered office is 95 Aldwych, London, England, WC2B 4JF.
To contact us, please send an email to [email protected].
2. By Using Our Site You Accept These Terms
2.1 By using our site, you confirm that you have read and accept these terms of use and that you agree to comply with them.
2.2 If you do not agree to these terms, you must not use our site.
2.3 We recommend that you print a copy of these terms for future reference.
3 There Are Other Terms That May Apply to You
3.1 The other terms which apply to your use of our site are:
a) Our Privacy Policy at https://charleswix.com/privacy-policy/. See further under clause 18.1.
b) Our Cookie Policy at https://charleswix.com/cookie-policy/, which sets out information about the cookies on our site.
4 We May Make Changes to these Terms of Use
We may amend these terms of use from time to time. Accordingly, every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
5 We May Make Changes to Our Site
We may update and change our site from time to time to reflect, for example, changes to our services, our users’ needs and our business priorities.
6 We May Suspend or Withdraw Our Site
6.1 Our site is made available free of charge.
6.2 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, operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
6.3 You are also responsible for ensuring that all persons who access our site on your behalf or using your login details and/or your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
7 We May Transfer this Agreement to Someone Else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms of use.
8 You Must Keep Your Account Details Safe
8.1 When 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 or them to any third party.
8.2 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.
8.3 If you know or suspect that anyone other than you knows your user identification code or password, you must notify us promptly at [email protected].
9 Intellectual Property
9.1 You acknowledge that all intellectual property rights in the software, copy and the documents (“Materials”) which make up our site belong to us, that rights in the software are licensed (not sold) to you, and that you have no rights in, or to, the Materials other than the right to use them in accordance with these terms of use.
9.2 You acknowledge that you have no right to have access to the software in source code form.
10 How You May Use Materials on Our Site
10.1 We are the owner or the licensee of all intellectual property rights in our site, and in the Materials published or accessible on it. Those Materials are protected by copyright and other laws and treaties around the world. Without limitation, all such rights are reserved.
10.2 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.
10.3 You must not modify the paper or digital copies of any of the 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.
10.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
10.5 You must not use any part of the content and the Materials on our site for commercially competitive purposes without obtaining a licence to do so from us and / or our licensors.
10.6 If you print off, copy or download any part of our site or the Materials in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies you have made.
11 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. If you need to know or be aware of any particular facts in the use of this website or when contracting, email Us at [email protected]
12 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.
We have no control over the contents of those sites or resources.
13 User-generated Content Is Not Approved By Us
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. 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.
14 Our Responsibility for Loss and Damage Suffered by You
Whether you are a consumer or a business user:
14.1 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.
If you are a business user:
14.2 We exclude all implied conditions, warranties, representations, or other terms that may apply to our site or any content on it.
14.3 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 the use of, or inability to use, our site; or the use of or reliance on any content displayed on our site.
14.3.1 In particular but without any limitation, we will not be liable for:
a) loss of profits, sales, business, or revenue;
b) business interruption;
c) loss of anticipated savings;
d) loss of business opportunity, goodwill or reputation; or
e) any indirect or consequential loss or damage of any sort or nature whatsoever.
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.
15 How We May Use Your Personal Information
15.1 We will only use your personal information as set out in our https://charleswix.com/privacy-policy/.
16 Prohibited Uses
16.1 You may use our site only for lawful purposes. You may not use our site:
a) In any way that breaches any applicable local, national or international law or regulation.
b) In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
16.2 You also agree not to reproduce, duplicate, copy or re-sell any part of our site; and not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of our site or its software or the Materials nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the software with another software program, and provided that the information obtained by you during such activities:
a) is used only for the purpose of achieving inter-operability of the site or its software with another software program; and
b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
c) is not used to create any software which is substantially similar to our site or its software.
16.2.1 Not to access without authority, interfere with, damage or disrupt:
a) any part of our site;
b) any equipment or network on which our site is stored;
c) any software used in the provision of our site; or
d) any equipment or network or software owned or used by any third party.
17 Rules About Linking to Our Site
17.1 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.
17.2 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.
17.3 You must not establish a link to our site in any website that is not owned by you.
17.4 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.
17.5 We reserve the right to withdraw linking permission without notice.
17.6 If you wish to link to or make any use of content on our site other than that set out above, please contact [[email protected]].
18 Breach of this Policy
18.1 When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
18.2 Failure to comply with these terms constitutes a material breach upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
a) Immediate, temporary or permanent withdrawal of your right to use our site.
b) Issue of a warning to you.
c) 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.
d) Further legal action against you including without limitation injunction.
e) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
18.3 We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
19 Which Country’s Laws Apply to Any Disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by the law of England and Wales. You and we both agree that the Courts of England and Wales will have exclusive jurisdiction except that 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 of use, their subject matter and their 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 and if available, the Commercial Court (QBD).