These terms and conditions regulate the business relationship between you and us. When you buy from us or use our services, you agree to be bound by them.
No person under the age of 18 years may purchase Services. If you are under 18, please ask an adult for help with your purchase.
In this agreement
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to our website or a user of Our Platform; and
2.2 in any event to you as a registered user of Our Platform; and
2.3 in any event to you as a buyer or prospective buyer of our Services.
2.4 We shall accept your order or registration by e-mail confirmation. That is when our contract is made.
2.5 We may change these terms from time to time. The terms that apply to you are those posted on Our Platform on the day you order Services.
2.6 If in future, you buy Services from us under any arrangement which does not involve your payment via Our Platform, these terms still apply so far as they can be applied.
2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card or transfer to your bank account as soon as reasonably practicable but in any event no later than 7 days from the date of your order.
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
4.1 It is possible that the price may have increased from that posted on our website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.
4.2 You agree to pay the charge for the Services, from either the credit card or debit card information for which you have or will have supplied to us, or by direct bank transfer to our account.
4.3 Payments are billed in advance before Services are provided.
4.4 Our Services will be provided in the way we have explained in our website.
4.5 You must maintain an active account with us at any time that you publish or distribute commercially any Content, Material or work generated through the use of our Servcies.
4.6 If we are not able to provide your Services within 10 days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
4.7 We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Platform.
4.8 If we change the nature or provision of the Services, you may terminate this contract.
4.9 If a change we make in the provision of the Services, involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.
4.10 You may not share or allow others to use the Services in your name.
4.11 We will do our best to maintain Our Platform so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.
5.1 If you are a citizen of the European Union, and you are buying as a consumer, you may cancel your order for the Services at any time before the expiry of 7 working days from the date of order, not including the day you ordered.
5.2 We will refund your money within 30 days.
5.3 This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way have provided the Services to you.
6.1 If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
6.2 You are responsible for purchasing Services which you are lawfully able to import or use and for the payment of import duties and taxes of any kind levied in your country.
7.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
8.1 We or our Content suppliers may make improvements or changes to Our Platform, the Content, or to any of the Services, at any time and without advance notice.
8.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
8.3 We give no warranty and make no representation, express or implied, as to:
8.4 Our Platform contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
8.5 Some of our services rely on third party operating systems and software. You acknowledge and agree that we shall not be liable in any way for any incompatabilities or loss of function to our services resulting from a change to these third party operating systems or software.
8.6 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Platform or the purchase of Services.
8.7 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
8.8 The above two sub paragraphs do not apply to a claim for personal injury.
9.1 You retain full ownership of your Material. We do not claim any ownership of it.
9.2 You agree that if you do post any Material on Our Platform, in doing so, you grant us (and those we work with to provide Our Platform and Services) worldwide, non-exclusive, royalty-free, sublicenseable rights to use, copy, distribute, prepare derivative works (such as translations or format conversions) of, perform, publish, or publicly display the Material to the extent reasonably necessary for Our Platform and the Service. This license is solely to enable us to technically administer, display, and operate Our Platform and the Services.
9.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
9.4 You represent and warrant that:
10.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Platform.
10.2 You may not use any software tool for the purpose of extracting data from our website.
10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
As a condition of your use of Our Platform, you agree to comply with these provisions:
11.1 You will not use or allow anyone else to use Our Platform to post or otherwise publish:
11.2 You will not use the Services for spamming. Spamming includes, but is not limited to:
12.1 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
12.2 You may not remove, obfuscate, replace, resize or otherwise change in any way the Locly name or logo when present in Content that you download.
12.3 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
12.4 Subject to the other terms of this agreement, if we prepare a branded version of our mobile application for you, you may distribute this version only through the Apple App Store or the Google Play Store.
12.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it.
13.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
13.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
13.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
15.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
15.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
15.3 Nothing in this agreement or on Our Platform shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
15.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
15.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
15.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
15.8 This Agreement shall be governed by and construed in accordance with the law of England and Wales. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.