Terms of Use
1. INTRODUCTION
1.1 Please read these terms and conditions (the "Terms") carefully before using this website.
1.2 The website includes the whole or any part of the web pages located at zenb.co.uk (the "Website").
1.2 The website includes the whole or any part of the web pages located at zenb.co.uk (the "Website").
1.3 This Website is owned and operated by Zenb US Inc, a company incorporated under the laws of Delaware, USA. Our registered office is at 1661 Feehanville Road, Suite 300 Mt Prospect, IL 60056, USA. References in these Terms to “Zenb”, "we", "us", "our" are each a reference to Zenb US Inc. You can contact us using the details which are provided on our Contact Us page and at the end of these Terms. The expressions "you" and "your" refer to each and every individual who accesses or uses the Website.
1.4 This Website is aimed at UK consumers. In accessing or using the Website, you agree to be bound by the Terms and any other terms and conditions that are made available to you by us from time to time. If you do not accept all of these terms, then you must refrain from accessing or using the Website. If you accept these Terms and subsequently breach any one of them, we reserve the right to suspend your access to the Website immediately.
1.5 These Terms prevail to the extent of any inconsistency with any other applicable terms. We recommend that you print a copy of these terms for future reference.
2. USE OF THE WEBSITE
2.1 This Website is established for information and promotional purposes and you are provided with access to it to display and view the contents of the Website for your own personal and non-commercial use. Nothing you see on the Website, or content you access, constitutes advice, a personal recommendation or an offer to enter into a contract with us, or anyone else.
2.2 We may need to change, restrict, suspend, or even stop your access to the Website completely – for security, or other technical or business, reasons. We will try and notify you in advance, in the event this should become necessary. While we use reasonable efforts to ensure the integrity of this Website, we do not and cannot guarantee that your use of this Website will be error free or uninterrupted. We will try to give you reasonable notice of any such suspension or withdrawal.
2.2 We may need to change, restrict, suspend, or even stop your access to the Website completely – for security, or other technical or business, reasons. We will try and notify you in advance, in the event this should become necessary. While we use reasonable efforts to ensure the integrity of this Website, we do not and cannot guarantee that your use of this Website will be error free or uninterrupted. We will try to give you reasonable notice of any such suspension or withdrawal.
3. YOUR PERSONAL INFORMATION
3.1 Zenb will only use information submitted by you via the Website that can be used to identify you ("Personal Data") in accordance with our privacy policy (the "Privacy Policy").
3.2 This Website protects Personal Data it may collect about individual users by maintaining physical, electronic and procedural safeguards in compliance with applicable UK data protection laws. For more information on privacy, and our use of cookies, please read our Privacy Policy and our cookie policy (the "Cookie Policy").
3.3 You will only receive email communications from Zenb in the event you have actively opted-in to receive such communications.
4. LINKING
Links on the Website to external webpages
4.1 This Website may contain links to external websites. These links are provided to give you the opportunity to access other pages it is felt may be of assistance to you. These links are for information only and we are not responsible for the content or privacy practices of any external internet site. Users follow links to third party websites at their own risk.
4.2 Links to any such websites on the Website should not be construed as an endorsement, approval or recommendation by us of that website or any content contained therein.
4.1 This Website may contain links to external websites. These links are provided to give you the opportunity to access other pages it is felt may be of assistance to you. These links are for information only and we are not responsible for the content or privacy practices of any external internet site. Users follow links to third party websites at their own risk.
4.2 Links to any such websites on the Website should not be construed as an endorsement, approval or recommendation by us of that website or any content contained therein.
Linking to our Website
4.3 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.
4.4 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.
5. INTELLECTUAL PROPERTY
5.1 All rights in this Website and the content published on this Website (in whatever form and whether registered or unregistered), including copyright, design rights, trade marks, trade names, patents, inventions, know-how, database rights, confidential information and domain names are reserved strictly to us and/or our licensees. This includes the Website's design, layout, look and appearance.
5.2 You may read, view, print and download one hard copy of the material on this site for your own personal, non-commercial use only ("Permitted Purpose"). You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
5.3 Copyright in the Website (including without limitation text, images, photographs, videos and video clips, graphics, product designs, logos, icons, sound recordings and software) is owned or controlled by, or licensed to, us. Other than for the purposes of relevant UK law, or for a Permitted Purpose, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, copy, print, display, perform, publish or create derivative works from any part of the Website or from any information obtained from the Website; or
(b) commercialise any information, products or services obtained from any part of this Website,
without our prior written permission.
5.4 This Website includes registered trade marks owned and/or applied for by us (or our licensors). You must not use any of our trade marks, logos or trade names appearing on the Website:
(a) as part of your own trade marks or company name;
(b) in connection with activities, products or services which are not related to this Website;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages us or our information, products or services (including this Website).
5.5 You must not authorise or assist any person to do any of the acts prohibited by this section 5.
5.6 Nothing contained on the Website should be construed as granting any licence or right of use to any third party intellectual property.
(b) commercialise any information, products or services obtained from any part of this Website,
without our prior written permission.
5.4 This Website includes registered trade marks owned and/or applied for by us (or our licensors). You must not use any of our trade marks, logos or trade names appearing on the Website:
(a) as part of your own trade marks or company name;
(b) in connection with activities, products or services which are not related to this Website;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages us or our information, products or services (including this Website).
5.5 You must not authorise or assist any person to do any of the acts prohibited by this section 5.
5.6 Nothing contained on the Website should be construed as granting any licence or right of use to any third party intellectual property.
6. USER GENERATED CONTENT
6.1 Any information, communication or material which you or other members submit, create, upload or otherwise contribute to the Website ("Submitted Material") must comply with these Terms and all other applicable terms.
6.2 We are not responsible for the accuracy, completeness or suitability of any Submitted Material, and you need to take care and make all reasonable enquiries (including ensuring the currency of that information) before relying on or making decisions in reliance on Submitted Material. We do not produce, edit, approve or promote any Submitted Material. We have the right (but not the obligation) to review and immediately remove any Submitted Material for any reason, including if we consider (in our sole discretion) that Submitted Material to be abusive, defamatory, in violation of any third party intellectual property rights, in contravention of any law or otherwise unacceptable ("Submitted Material Standards").
6.3 By contributing any Submitted Material, you acknowledge and agree that:
6.3 By contributing any Submitted Material, you acknowledge and agree that:
(a) we do not guarantee that any Submitted Material will be protected against loss, misuse or unauthorised alteration by third parties;
(b) we may review that Submitted Material and we may determine, in our absolute discretion, not to post that content on the Website for any reason;
(c) we are not responsible or liable for your Submitted Material, and we do not accept any responsibility for any use or misuse which you or any other users of this Website make of your Submitted Material; of your Submitted Material may be posted on the Website for the public to view;
(d) any of your Submitted Material that does not constitute Personal Data will be provided on a non-confidential and non-proprietary basis; and
(e) you warrant that the Submitted Materials do not violate the Submitted Material Standards, and you will be responsible to compensate us for any loss or damage we may suffer as a result of such breach.
6.4 By submitting, posing, creating, uploading or otherwise contributing Submitted Material to the Website, you grant us a non-exclusive, perpetual, irrevocable, worldwide, sub-licensable, transferable and royalty-free licence to exercise any and all copyright, trade mark and other intellectual property rights in Submitted Material. You warrant that you have the right to submit any Submitted Material and that the material does not infringe any rights of any third party or at law. To the extent that you have any moral rights in relation to any Submitted Material, you hereby irrevocably and unconditionally consent to any amendment of the intellectual property in any manner by us (and our successors and assigns) for the purposes of the our business without further reference to you.
7. PROHIBITED USES
7.1 In your use of and access to this Website, you must not:
(a) try to gain unauthorised access to our Website, or any server, computer, or database connected to our Website;
(b) breach or circumvent any laws, third party rights (including intellectual property rights) or terms applicable to you;
(c) engage in any fraudulent activity;
(d) modify, adapt, sell or reverse engineer any part of the Website;
(e) post false, inaccurate, misleading, deceptive, defamatory, or libellous content;
(f) access or attempt to access this Website from any jurisdiction which may be geo-blocked from your location from time to time;
(g) knowingly engage in malicious or technologically harmful activity that could compromise the integrity of the Website, such as introducing viruses, attempting to gain unauthorised access to the Website and/or our systems or attacking our Website and/or systems through a denial-of-service attack;
(h) harvest or otherwise collect information about users without their consent;
(i) create or compile, directly or indirectly, any collection, compilation, database or directory from the Website content;
(j) use the Website in any manner that could interfere with any other party's use and enjoyment of the Website;
(k) license, sell and/or otherwise provide access to and/or use of the Website to any third party, including without limitation for purposes of building a competitive product and/or service;
(l) use our Website if you are not able to form legally binding contracts or are suspended from using our Website.
8. DISCLAIMER AND NO LIABILITY FOR DAMAGES
8.1 Information, material and content published on this Website is for general information only and is provided without warranty, representation or guarantee (whether express or implied). This Website is provided on an "as is", "as available" and "with all faults" basis and we cannot guarantee that any information contained on this Website is complete, current or free of errors.
8.2 All articles, featured products (including those offered by Zenb or by any other third party whose products and/or services may be featured on the Website from time to time), briefings or other information available on this Website are prepared so as to be accurate as at the date of writing. Such information can rapidly become out of date. You must make your own assessment of the information and rely on it at your own risk.
8.3 Zenb does not accept liability for incorrect content or errors and omissions in this Website or its content but does endeavour to correct them as quickly as practicable.
8.4 The internet is an insecure public network, and there is a risk that your transactions are being viewed, intercepted or modified by third parties or that files which you download may contain computer viruses, disabling codes, worms or other devices or defects. Accordingly, any information which you transmit to us is transmitted at your own risk. We do not accept responsibility or liability of any nature for any loss, interference or damage which you may sustain as a result of your use of this Website or any linked website.
8.5 Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, Zenb shall not be liable directly or indirectly in contract, tort, equity or otherwise for any damage whatsoever in connection with this Website or any use of the content provided on this Website including direct, indirect, special, incidental or consequential damage (including, but not limited to, loss of profits, interest, data, business revenue, anticipated savings, business or goodwill).
8.6 Zenb will in no way be liable to you or anyone else for any loss or damage, howsoever caused, which may be directly or indirectly suffered in connection with websites of other entities that are hyperlinked from this Website.
8.7 To the extent permitted by law all representations, warranties and other terms are excluded. This general disclaimer is not restricted or modified by any specific warnings or disclaimers elsewhere on the Website.
9. INDEMNITY
You agree to defend, at all times indemnify and hold harmless Zenb and our respective affiliates, and each of our and their respective consultants, employees, agents, officers, directors, partners, representatives, shareholders, predecessors, successors and assigns, from and against any and all claims, damages, proceedings, injuries, liabilities, costs and expenses (including reasonable legal fees and litigation expenses to which any of such parties may become subject), relating to or arising from your use of the Website, any arrangements you may make based on the information available on or through the Website and any other breach by you, or on your behalf, of these Terms or other improper act or omission.
10. TERMINATION
You agree to defend, at all times indemnify and hold harmless Zenb and our respective affiliates, and each of our and their respective consultants, employees, agents, officers, directors, partners, representatives, shareholders, predecessors, successors and assigns, from and against any and all claims, damages, proceedings, injuries, liabilities, costs and expenses (including reasonable legal fees and litigation expenses to which any of such parties may become subject), relating to or arising from your use of the Website, any arrangements you may make based on the information available on or through the Website and any other breach by you, or on your behalf, of these Terms or other improper act or omission.
10. TERMINATION
10.1 We reserve the right to immediately terminate your ability to access and use the Website at any time. We may do so if, in our absolute discretion, you breach any of the Terms, if you act in a manner contrary to our interests, or for any other serious reason, including because we think that you may create possible legal liabilities for us, we have reasonable cause to believe you are infringing third party rights or we believe such action will improve the security of the Website for other users.
10.2 If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Website and we may refuse service to anyone, at any time, for any reason.
10.3 We reserve the right to change, suspend, or discontinue the Website and the services therein at any time, for any reason. We will not be liable to you for the effect that any changes to the Website or the services may have on you, including your income or your ability to generate revenue through the Website.
10.4 The Terms will remain in effect even after your access to the Website is terminated, or your use of the Website ends.
11. WE MAY CHANGE THESE TERMS
11.1 The information and material on this Website, and all terms that govern your use of the Website (including these Terms and the Privacy Policy), are subject to change from time to time.
11.2 Any such amendments are effective immediately upon publication on the Website. We will try to give reasonable notice of any major changes, but you agree that it is your responsibility to check the Website regularly for amendments to ensure that you understand the terms that apply at that time. Your continued use of the Website following such publication will represent an agreement by you to be bound by those terms as amended. If you do not agree with the amended terms of use, please stop using the Website immediately.
11.2 Any such amendments are effective immediately upon publication on the Website. We will try to give reasonable notice of any major changes, but you agree that it is your responsibility to check the Website regularly for amendments to ensure that you understand the terms that apply at that time. Your continued use of the Website following such publication will represent an agreement by you to be bound by those terms as amended. If you do not agree with the amended terms of use, please stop using the Website immediately.
12. GOVERNING LAW
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
13. DISPUTE RESOLUTION
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
14. GENERAL
(a) We accept no liability for any failure by us to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
(b) If we waive any rights available to us under these Terms (or any other applicable terms) on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
(c) These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
(d) These Terms, the Privacy Policy, Cookie Policy and all policies available through our Website set forth the entire understanding and agreement between us, and supersede all prior understanding and agreement of the parties. Any other terms and conditions or representations are excluded to the extent permitted by law.
(e) If any part of these Terms (or any other applicable terms) is held to be invalid, unenforceable or illegal for any reason, the remaining parts shall nevertheless continue in full force.
(b) If we waive any rights available to us under these Terms (or any other applicable terms) on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
(c) These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
(d) These Terms, the Privacy Policy, Cookie Policy and all policies available through our Website set forth the entire understanding and agreement between us, and supersede all prior understanding and agreement of the parties. Any other terms and conditions or representations are excluded to the extent permitted by law.
(e) If any part of these Terms (or any other applicable terms) is held to be invalid, unenforceable or illegal for any reason, the remaining parts shall nevertheless continue in full force.
Questions regarding these Terms should be directed to us via the form on the Contact Page or in writing to Zenb US, Inc., 1661 Feehanville Road, Suite 300, Mt Prospect, IL 60056, USA.
Effective: 21 January 2019