Disclaimer Third Parties
All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
Terms and Conditions
This document was created using an SEQ Legal template.
(3) License to use website
Unless otherwise stated, we or our licencors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
[(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;]
[(e) edit or otherwise modify any material on the website; or]
[(f) redistribute material from this website [except for content specifically and expressly made available for redistribution [(such as our newsletter)].]
[Where content is specifically made available for redistribution, it may only be redistributed [within your organization].]
(4) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website 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.
You must not 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 without our express written consent.
[You must not use our website to transmit or send unsolicited commercial communications.]
[You must not use our website for any purposes related to marketing without our express written consent.]
(5) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If [we provide you with / you generate] a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.
You must notify us in writing immediately if you become aware of any unauthorized use of your account or password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
You must not use any other person's user ID and password to access our website[, unless you have that person's express permission to do so].
[We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.]
(6) User content
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.
Your content must not be illegal or unlawful, must not infringe any third party's legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
(7) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(8) Limitations and exclusions of liability
[To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.]
[We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.]
[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.]
[We will not be liable to you in respect of any loss or corruption of any data, database or software.]
[We will not be liable to you in respect of any special, indirect or consequential loss or damage.]
(14) Exclusion of third party rights
(15) Entire agreement
(16) Law and jurisdiction
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
This document was created using an SEQ Legal template.
(2) What information do we collect?
We may collect, store and use the following kinds of personal information:
[(a) information about your computer and about your visits to and use of this website (including [your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, website navigation and [details]]);]
[(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services (including [details]);]
[(c) information that you provide to us for the purpose of registering with us (including [details]);]
[(d) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters (including [details]);]
[(e) any other information that you choose to send to us; and]
[(f) other information.]
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We [may] use [both] ["session" cookies] [and "persistent" cookies] on the website. [Session cookies will be deleted from your computer when you close your browser.] [Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.]
Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer (version 9) you can refuse all cookies by clicking "Tools", "Internet options", "Privacy", and selecting "Block All Cookies" using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites[, including this one].]
(4) Using your personal information
We may use your personal information to:
[(a) administer the website;]
[(b) improve your browsing experience by personalizing the website;]
[(c) enable your use of the services available on the website;]
[(d) send you goods purchased via the website, and supply to you services purchased via the website;]
[(e) send statements and invoices to you, and collect payments from you;]
[(f) send you general (non-marketing) commercial communications;]
[(g) send you email notifications which you have specifically requested;]
[(h) send you [our newsletter and other] marketing communications relating to our business [or the businesses of carefully-selected third parties] which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (and you can inform us at any time if you no longer require marketing communications);]
[(i) provide third parties with statistical information about our users – but this information will not be used to identify any individual user;]
[(j) deal with enquiries and complaints made by or about you relating to the website;]
[(k) keep the website secure and prevent fraud;]
[(l) verify compliance with the terms and conditions governing the use of the website [(including monitoring private messages sent through our website private messaging service)]; and]
[(m) [other uses].]
[Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.]
[We will not, without your express consent, provide your personal information to any third parties for the purpose of direct marketing.]
In addition, we may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any ongoing or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
[(d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and]
[(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.]
(6) International data transfers
Information which you provide may be transferred to countries [(including [the United States], [Japan], [other countries])] which do not have data protection laws equivalent to those in force in the European Economic Area.
[In addition, [personal information that you submit for publication on the website] will be published on the internet and may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.]
You expressly agree to such transfers of personal information.
(7) Security of your personal information
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
[All electronic transactions entered into via the website will be protected by encryption technology.]
You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
[You are responsible for keeping your password [and other login details] confidential. We will not ask you for your password (except when you log in to the website).]
(8) Policy amendments
(9) Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to:
(a) the payment of a fee (currently fixed at $20 USD); and
(b) the supply of appropriate evidence of your identity [(for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address)].
We may withhold such personal information to the extent permitted by law.
You may instruct us not to process your personal information for marketing purposes[, by sending an email to us]. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
(10) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(11) Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
(13) Data controller
The data controller responsible in respect of the information collected on this website is Jessie Rancourt, email@example.com