Terms and Conditions

1. Introduction

1.1 These terms and conditions shall govern your use of our website and/or our apps.

1.2 By using our website and/or our apps, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website and/or our apps.

1.3 If you register with our website and/or our apps, submit any material to our website and/or our apps or use any of our website and/or our apps services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website and/or our apps; and by using our website and/or our apps or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

2. Credit

2.1 This document was created using a template from SEQ Legal.

3. Copyright notice

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and our apps and the material on our website and in our apps; and

(b) all the copyright and other intellectual property rights in our website and our apps and the material on our website and in our apps are reserved.

4. Licence to use our website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer, mobile device or smart TV.

4.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. Licence to use our apps

5.1 You may:

(a) view screens from our apps on a mobile device or smart TV;

(b) download content from our services for caching in our apps on a mobile device or smart TV;

(d) use our services by means of our apps, subject to the other provisions of these terms and conditions.

5.2 Except as expressly permitted by Section 5.1 or the other provisions of these terms and conditions, you must not download any material from our apps or our services or save any such material to your computer, mobile device or smart TV.

5.3 You may only use our apps for your own personal purposes, and you must not use our apps for any other purposes.

5.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material in our apps.

5.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our apps (including republication in another app);

(b) sell, rent or sub-license material from our apps;

(d) exploit material from our apps for a commercial purpose; or

(e) redistribute material from our apps.

5.6 We reserve the right to restrict access to areas of our apps, or indeed our whole apps, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures in our apps.

6. Acceptable use

6.1 You must not:

(a) use our website and/or our apps in any way or take any action that causes, or may cause, damage to the website or our apps or impairment of the performance, availability or accessibility of the website or our apps;

(b) use our website and/or our apps in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website and/or our apps to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website and/or our apps without our express written consent;

(e) access or otherwise interact with our website and/or our apps using any robot, spider or other automated means;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website and/or our apps for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

6.2 You must not use data collected from our website and/or our apps to contact individuals, companies or other persons or entities.

6.3 You must ensure that all the information you supply to us through our website and/or our apps, or in relation to our website and/or our apps, is true, accurate, current, complete and non-misleading.

7. Your content: licence

7.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website and/or our apps for storage or publication on, processing by, or transmission via, our website and/or our apps.

7.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this website and/or our apps and any successor website or app.

7.3 You grant to us the right to sub-license the rights licensed under Section 7.2.

7.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 7.2.

7.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

7.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

8. Your content: rules

8.1 You warrant and represent that your content will comply with these terms and conditions.

8.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

8.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

9. Limited warranties

9.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website and/or in our apps;

(b) that the material on our website and/or in our apps is up to date; or

9.2 We reserve the right to discontinue or alter any or all of our services, and to stop publishing our website and/or our apps, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any services, or if we stop publishing our website and/or our apps.

9.3 To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and/or our apps and the use of our website and/or our apps.

10. Limitations and exclusions of liability

10.1 Nothing in a contract under these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in a contract under these terms and conditions:

(a) are subject to Section 10.1; and

(b) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.

10.3 To the extent that our website and/or our apps and the information and services on our website and/or in our apps are provided free of charge, we will not be liable for any loss or damage of any nature.

10.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

10.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

10.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our website and/or our apps or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

11. Breaches of these terms and conditions

11.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website and/or our apps;

(d) block computers using your IP address from accessing our website and/or our apps;

(e) contact any or all of your internet service providers and request that they block your access to our website and/or our apps;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website and/or in our apps.

11.2 Where we suspend or prohibit or block your access to our website and/or our apps or a part of our website and/or our apps, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

12. Variation

12.1 We may revise these terms and conditions from time to time.

12.2 The revised terms and conditions shall apply to the use of our website and our apps from the date of publication of the revised terms and conditions on our website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

12.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website and/or in our apps, and you must stop using our website and our apps.

13. Assignment

13.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

13.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

14. Severability

14.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

14.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

15. Third party rights

15.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

15.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

16. Entire agreement

16.1 Subject to Section 10.1, these terms and conditions, together with our privacy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

17. Law and jurisdiction

17.1 A contract under these terms and conditions shall be governed by and construed in accordance with English law.

17.2 Any disputes relating to a contract under these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

18. Our details

18.1 This website is owned and operated by Tactile Labs Ltd.

18.2 We are registered in England and Wales under registration number 09834668, and our registered office is at 7 St. Georges Court, Queen's Road, Tunbridge Wells, TN4 9GX, United Kingdom.

18.3 You can contact us by email to team@tactilelabs.co.uk.