1. WHO WE ARE
2.2 If you do not agree to these terms, you must not use our Site.
3. OTHER APPLICABLE TERMS
5. CHANGES TO THE SITE
We may update and change our Site from time to time. Your use of our Site following such changes constitutes your acceptance of these changes.
6. SUSPENSION OR WITHDRAWAL OF THE 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 and operational reasons. Your right to access our Site is given on a temporary basis only.
7. ACCOUNT DETAILS
7.1 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.
7.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
8. USE OF SITE
8.1 You may only use our Site for lawful purposes and in compliance with all applicable laws, including without limitation data protection and privacy laws, laws relating to copyright of content and laws relating to unsolicited commercial electronic messages.
8.3 You may print or download any material on our Site and retain a copy of it for your personal use or for the use of anyone in your organisation.
8.4 Copies of materials from this Site may be distributed to third parties for their personal use provided that:
8.4.1 you do so free of charge;
8.4.2 the content of the material and the copyright notices remain intact;
8.4.3 you agree that the communication of the materials will not be misleading, inaccurate, used for any illegal purpose or in a manner that would bring us into disrepute;
8.4.4 you inform the third party that these terms apply and the third party agrees to comply with these terms.
8.4.5 You will require our permission to make any other use of the material, including, in particular, its incorporation into any other electronic or hard copy document.
8.5 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.
8.6 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
8.7 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
9. PROHIBITED USES
9.1 You may not use our site:
9.1.1 In any way that breaches any applicable local, national or international law or regulation;
9.1.2 In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
9.1.3 For the purpose of harming or attempting to harm minors in any way;
9.1.4 To bully, insult, intimidate or humiliate any person;
9.1.5 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
9.1.6 To attempt to gain unauthorised access to our Site, the server, equipment or network on which our Site is stored, any server, computer or database connected to our Site or any software;
9.1.7 to attempt to gain unauthorised access to any other website, internet account, server, computer, equipment, system, network, data or information;
9.1.8 to monitor data or traffic on any network or system;
9.1.9 to collect or use information, including without limitation email addresses, screen names or other identifiers, by deceit (such as phishing, internet scamming, password robbery, spearing, scraping and harvesting);
9.1.10 to distribute software; and
9.1.11 to carry out a denial-of-service attack or a distributed denial-of-service attack on our Site or use our Site to carry out any such attack on any other website.
10. INFORMATION ON THIS SITE
10.1 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.
10.2 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 make no warranties, representations, undertakings or guarantees that our Site or any content on it will be free from errors or omissions.
11. LINKS ON OUR SITE
11.1 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.
11.2 We have no control over the contents of those Sites or resources.
12. LINKING TO OUR SITE
12.1 You may create a link to our Site from another website, but only if you comply with the following conditions:
12.1.1 you may only link to the homepage of our Site. You must not create a link to any other page of our Site, nor frame any page of our Site;
12.1.2 you may only link to our Site from a website which you own; and
12.1.3 you must not suggest that we have any association with you or that we approve or endorse your website or any of your products or services, unless we expressly agree that you can do so.
12.2 We reserve the right to require you to remove any link to our Site at any time and without giving you prior notice.
13.1 Whether you are a consumer or a business user:
13.1.1 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.
13.1.2 All use by you of this Site is at your own risk. You assume complete responsibility for, and for all risk of loss resulting from, your downloading from, uploading to and/or using of, or referring to or relying on facilities, services or materials provided on this Site, or any other information obtained from your use of the Site. You agree that OpenBuilt will not be liable for damages arising out of your use or your inability to use the Site, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds.
13.1.3 These terms and any other terms or conditions accepted by you in connection with your use of this Site represent the entire agreement between you and OpenBuilt in relation to their subject matter and supersede any prior agreement, understanding or arrangement between you and OpenBuilt, whether oral or in writing. Both you and OpenBuilt acknowledge that neither you nor OpenBuilt has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us except as expressly stated in these terms.
13.1.4 If any of these terms are determined by any court or any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13.1.5 If OpenBuilt fails to insist upon the strict performance of any obligations under any of these terms, or if OpenBuilt fails to exercise any of the rights or remedies to which it is entitled to under these terms, this shall not constitute a waiver of such rights or remedies and shall not release you from compliance with such obligations. A waiver by OpenBuilt of any default shall not constitute a waiver of any subsequent default. No waiver by OpenBuilt of any of your obligations under these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
13.2 If you are a business user:
13.3 We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
13.4 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:
(i) use of, or inability to use, our Site; or
(ii) use of or reliance on any content displayed on our Site.
13.5 In particular, we will not be liable for:
13.5.1 loss of profits, sales, business, or revenue;
13.5.2 business interruption;
13.5.3 loss of anticipated savings;
13.5.4 loss of business opportunity, goodwill or reputation; or
13.5.5 any indirect or consequential loss or damage.
13.6 If you are a consumer user:
13.6.1 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.
15.1 We do not guarantee that our Site will be secure or free from bugs or viruses.
15.2 You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
15.3 You must not knowingly or recklessly introduce to our Site, or use our Site to transmit, any application, material or ware (such as viruses, spyware, malware or adware) which are malicious or harmful.
16. APPLICABLE LAW