Last updated on 26 December 2019
1) INFORMATION ABOUT US
1.1. svschigwell.blogspot.com & svschigwell.business.site, are sites operated by SVS Chigwell (“We”).
1.2. This agreement (the ‘Agreement’) together with the documents referred to on it sets forth the terms and conditions by which SVS Chigwell (we, us, Supashine, Supashine Chigwell, Supashine Valeting & Cleaning Specialists, SVS Chigwell ) offers you to use:
1.3. Our Websites: svschigwell.blogspot.com & svschigwell.business.site whether as a guest or a registered user and regardless of how you access them.
1.4. Please read these terms of use carefully before you start using the site as they will create a binding agreement between you and us and will govern our relationship whilst you are using our websites. By using our site, you indicate that you have read, understood, considered and you accept these terms of use, and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
2) ACCESSING OUR SITE
2.1. Access to our Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
2.2. From time to time, we may restrict access to some parts of our Site, of our entire Site, to users who may visit our site or have registered with us.
2.3. 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, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
2.4. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.
3) CREATING AN ACCOUNT AND USING OUR WEBSITES, AND ACCOUNT SYSTEMS
3.1. Only people who are 18 /eighteen/ years old or older may create and use an account with Supashine.
3.2. You agree to always provide us with accurate and complete info, including if you provide us with your names, address of you or your property, date of birth, email address and/or any credit or debit card information or bank account details. We shall use this information according to our Privacy Policy.
3.3. You agree not to share your account or login credentials with anyone. You shall not sell, transfer or allow any other person to access your account or login credentials. You shall be entirely responsible for maintaining the confidentiality of your account and login credentials.
3.4. You agree to notify us immediately if you become aware of any breach of security, including any loss, theft or unauthorised access or disclosure of your account or login credentials.
3.5. You may terminate or suspend your account at any time by contacting us at svschigwell@gmail.com
3.6. We may terminate or suspend your account if we determine, at our absolute discretion that:
3.6.1. You have violated or are violating any term of this Agreement;
3.6.2. Supashine have stopped or will stop offering any or all services in your area or country; 3.6.3. Terminating your account would be in best interest for Supashine, the service providers or any third parties;
3.7. If your account is terminated, you will no longer have access to it, including not limited to, any of the data associated to the account, its contents, information, history or services. In case your account is terminated, Supashine, any of our subsidiaries, partners, service providers, licensors or any other third parties related to us shall have no liability to you. We also reserve the right to terminate any other accounts you may have created or create in the future.
3.8. You hereby acknowledge that you have read, understood, considered and agree that creating and using any and all accounts that you created with Supashine involves the risk that your account may be terminated or suspended and that, whenever you use the Supashine websites, you will bear the risk in mind and esteem to always adhere to the rules set forth in this Agreement and conduct yourself appropriately.
3.9. If you submit any creative ideas, suggestions or materials to us (the ‘Unsolicited Ideas’), you grant Supashine, any of our subsidiaries, partners, service providers, licensors and/or any other third parties related to us a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make available to the public, communicate to the public, sell, offer for sale, and import any and all Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents, designs, industrial rights, and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including sharing the Unsolicited Ideas with others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to us as specified above are valid, effective, and enforceable. Additionally, you give up any claim that the use by Supashine, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us, of your Unsolicited Ideas and violations of any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas set for therein.
3.10 While using our websites, and account systems, you must comply with all applicable laws, rules and regulations in the jurisdiction in which you reside, as well as the additional rules set out by our Agreement with you and the rules that govern your use of our services.
4) INTELLECTUAL PROPERTY RIGHTS
4.1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
4.3. 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.
4.4. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
4.5. You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
4.6. If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5) RELIANCE ON INFORMATION POSTED
5.1. Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed.
5.2. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
6) OUR SITE CHANGES REGULARLY
6.1. We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
7) OUR LIABILITY
7.1. Supashine and the materials displayed on our site is provided to you on ‘as is’ and ‘as available’ basis, without any guarantees, warranties or representations of any kind, express or implied. To the fullest extent permitted by applicable law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
7.1.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
7.1.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our websites or in connection with the use, inability to use, or results of the use of our websites, account systems and/or any websites linked to it and any information and/or materials posted on it, including:
7.1.2.1. loss of income or revenue;
7.1.2.2. loss of business;
7.1.2.3. loss of profits or contracts;
7.1.2.4. loss of anticipated savings;
7.1.2.5. loss of data;
7.1.2.6. loss of goodwill;
7.1.2.7. wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8) INDEMNITY
8.1. You hereby acknowledge and agree to indemnify, defend and hold harmless Supashine, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us, our officers and directors from and against any and all claims, lawsuits, damages, losses, liabilities and costs that directly or indirectly arise or result from your use or misuse of the Supashine websites, account systems, services, any violation by you of any of the provisions of this Agreement or the Privacy Policy or any infringement by you of any third party’s right.
8.2. Supashine reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which even you will cooperate with Supashine in asserting any available defences.
9) INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
9.1. We process information about you in accordance with our privacy policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
10) UPLOADING MATERIAL TO OUR SITE
10.1. Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms. You warrant that any such contribution does comply with those standards. In cases where any such contribution does not comply with those standards and is a cause for a claim or a dispute you agree and undertake to indemnify us for any breach of that warranty.
10.2. Any material you upload to our site will be considered non-confidential and non proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
10.3. You are responsible and liable for any and all communications, information, images, material, their contents and accuracy transmitted, uploaded or posted to our websites, or account systems by you to us and any third party.
10.4. You hereby acknowledge and agree that none of the communications, information, images, material and their contents will not be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of Supashine, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us won’t be liable for any and all use or disclosure of the communications, information, images, material and their contents. You waive any moral rights you may have in the content that you have posted to the maximum extent permitted by the laws of your jurisdiction.
10.5. You hereby represent, warrant and agree that the communications, information, images, materials and their contents shall not violate any third-party rights.
10.6. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in these terms.
11) VIRUSES, HACKING AND OTHER OFFENCES
11.1. You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
11.2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
11.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
12) LINKING TO OUR SITE AND REMOVAL OF LINKS
12.1. You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association or in misleading context.
12.2. Appropriate link text should always be used in links pointing to our website.
12.3. Our site must not be framed on any other site or use any similar technology in relation to the content of the website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms.
12.4. If you wish to make any use of material on our site other than that set out above or to link to us for commercial purposes, please address your request to svschigwell@gmail.com.
12.5. You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.
12.6. If you would like us to remove a link to your website that is included on this website, please contact us. Unless you have a legal right to demand removal, such removal will be at our discretion.
13) LINKS FROM OUR SITE
13.1. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
13.2. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. LIMITATION OF LIABILITY
14.1. Under no circumstances, and under no legal theory, whether in contract, tort (including negligence), strict liability or otherwise, shall Supashine be liable to you or any other person for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (including, damages for loss of business, loss of data, loss of goodwill, or lost profits), or any damages for gross negligence of any kind (including, damages for work stoppage, or any other commercial damages or losses) arising from your use or misuse of the Supashine, even if Supashine knew or should have known of the possibility of such damages. In no event shall Supashine be liable for any damages in excess of any amount you have paid to Supashine for provision of services, if any, during the six /6/ months immediately prior to the time your cause of action arose.
14.2. Notwithstanding the aforementioned limitations of liability nothing in this agreement shall limit Supashine’ liability:
14.2.1. for damage from injury to life, body or health due to negligent breach of duty or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of Supashine;
14.2.2. for other damage arising from a grossly negligent breach of duty by Supashine or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of Supashine;
14.2.3. for intentional misconduct;
14.2.4. for damage arising from a negligent breach of an obligation that is essential for the performance of the contract by Supashine to the extent that is typical and foreseeable;
14.2.5. for any guarantee given by Supashine to you; and
14.2.6. for any liability under a jurisdiction’s applicable services liability legislation.
14.3. Because certain states or jurisdictions do not allow for exclusion or limitation of liability for certain types of losses or damages, in such states or jurisdictions, the liability of Supashine shall be limited to the fullest extent permitted by applicable law.
15) JURISDICTION AND APPLICABLE LAW
15.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
15.2. These terms of use 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.
16. ALTERNATIVE DISPUTE RESOLUTION
16.1. Supashine and you hereby agree to first attempt to informally negotiate any claim or dispute for at least 30 /thirty/ days.
16.3.This clause /13/ shall have no effect on any statutory rights to initiate a court proceeding in case of a dispute and shall not suspend any statutory limitation periods applicable to the bringing of a claim.
17) VARIATIONS
17.1. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.
18. PARTNERSHIP 18.1. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Supashine, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us, as a result of this Agreement and/or your use of the Supashine websites, and/or account systems.
19. ASSIGNING
19.1. You hereby acknowledge and agree that Supashine may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent.
19.2. You hereby acknowledge and agree that you may not assign the Agreement without Supashine’ prior written consent, and any unauthorised assignment by you shall be null and void.
20. WAIVER
20.1. Supashine omission to enforce any provision of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. Any waiver by Supashine, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
21. SEVERABILITY
21.1. If any provision of this Agreement is held to be invalid or unenforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
21.2. If any provision cannot be reformed, any such provision shall be deemed severable from the terms of the Agreement and shall not affect the validity and enforceability of any remaining provisions.
22. HEADINGS
22.1. The headings in this Agreement shall have no legal effect whatsoever and are provided for informational purposes only.
23. TERM
23.1. This Agreement shall be effective as of the date that you indicated that you accept it, whether explicitly or by using the websites, and/or account systems of Supashine, and shall last as long as you continue using the websites, and/or account systems of Supashine.
23.2 You may terminate this agreement by simply ceasing to use the websites, and/or account systems of Supashine.
23.3. You may terminate your account by notifying Supashine at svschigwell@gmail.com.
24. SURVIVABILITY
24.1. Clauses 2.2-2.4 (inclusive), 3, 4, 7, 8, 10, 14-22 (inclusive) shall survive the termination of this Agreement and continue to be in full force.
25. ENTIRE AGREEMENT
25.1. This Agreement represents the complete agreement between you and Supashine concerning the use of our websites, and account systems, and supersedes any prior or contemporaneous agreements between you and Supashine.
25.2. This clause shall have no effect and shall coexist with the Terms and Conditions of the actual services, and shall coexist and not supersede any other Supashine policies referenced in this Agreement.
26) YOUR CONCERNS
26.1. If you have any concerns about material which appears on our Site, please contact us at svschigwell@gmail.com Thank you for visiting our Site.
1) INFORMATION ABOUT US
1.1. svschigwell.blogspot.com & svschigwell.business.site, are sites operated by SVS Chigwell (“We”).
1.2. This agreement (the ‘Agreement’) together with the documents referred to on it sets forth the terms and conditions by which SVS Chigwell (we, us, Supashine, Supashine Chigwell, Supashine Valeting & Cleaning Specialists, SVS Chigwell ) offers you to use:
1.3. Our Websites: svschigwell.blogspot.com & svschigwell.business.site whether as a guest or a registered user and regardless of how you access them.
1.4. Please read these terms of use carefully before you start using the site as they will create a binding agreement between you and us and will govern our relationship whilst you are using our websites. By using our site, you indicate that you have read, understood, considered and you accept these terms of use, and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
2) ACCESSING OUR SITE
2.1. Access to our Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
2.2. From time to time, we may restrict access to some parts of our Site, of our entire Site, to users who may visit our site or have registered with us.
2.3. 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, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
2.4. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.
3) CREATING AN ACCOUNT AND USING OUR WEBSITES, AND ACCOUNT SYSTEMS
3.1. Only people who are 18 /eighteen/ years old or older may create and use an account with Supashine.
3.2. You agree to always provide us with accurate and complete info, including if you provide us with your names, address of you or your property, date of birth, email address and/or any credit or debit card information or bank account details. We shall use this information according to our Privacy Policy.
3.3. You agree not to share your account or login credentials with anyone. You shall not sell, transfer or allow any other person to access your account or login credentials. You shall be entirely responsible for maintaining the confidentiality of your account and login credentials.
3.4. You agree to notify us immediately if you become aware of any breach of security, including any loss, theft or unauthorised access or disclosure of your account or login credentials.
3.5. You may terminate or suspend your account at any time by contacting us at svschigwell@gmail.com
3.6. We may terminate or suspend your account if we determine, at our absolute discretion that:
3.6.1. You have violated or are violating any term of this Agreement;
3.6.2. Supashine have stopped or will stop offering any or all services in your area or country; 3.6.3. Terminating your account would be in best interest for Supashine, the service providers or any third parties;
3.7. If your account is terminated, you will no longer have access to it, including not limited to, any of the data associated to the account, its contents, information, history or services. In case your account is terminated, Supashine, any of our subsidiaries, partners, service providers, licensors or any other third parties related to us shall have no liability to you. We also reserve the right to terminate any other accounts you may have created or create in the future.
3.8. You hereby acknowledge that you have read, understood, considered and agree that creating and using any and all accounts that you created with Supashine involves the risk that your account may be terminated or suspended and that, whenever you use the Supashine websites, you will bear the risk in mind and esteem to always adhere to the rules set forth in this Agreement and conduct yourself appropriately.
3.9. If you submit any creative ideas, suggestions or materials to us (the ‘Unsolicited Ideas’), you grant Supashine, any of our subsidiaries, partners, service providers, licensors and/or any other third parties related to us a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make available to the public, communicate to the public, sell, offer for sale, and import any and all Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents, designs, industrial rights, and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including sharing the Unsolicited Ideas with others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to us as specified above are valid, effective, and enforceable. Additionally, you give up any claim that the use by Supashine, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us, of your Unsolicited Ideas and violations of any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas set for therein.
3.10 While using our websites, and account systems, you must comply with all applicable laws, rules and regulations in the jurisdiction in which you reside, as well as the additional rules set out by our Agreement with you and the rules that govern your use of our services.
4) INTELLECTUAL PROPERTY RIGHTS
4.1. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.
4.3. 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.
4.4. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
4.5. You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
4.6. If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5) RELIANCE ON INFORMATION POSTED
5.1. Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed.
5.2. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
6) OUR SITE CHANGES REGULARLY
6.1. We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
7) OUR LIABILITY
7.1. Supashine and the materials displayed on our site is provided to you on ‘as is’ and ‘as available’ basis, without any guarantees, warranties or representations of any kind, express or implied. To the fullest extent permitted by applicable law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
7.1.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
7.1.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our websites or in connection with the use, inability to use, or results of the use of our websites, account systems and/or any websites linked to it and any information and/or materials posted on it, including:
7.1.2.1. loss of income or revenue;
7.1.2.2. loss of business;
7.1.2.3. loss of profits or contracts;
7.1.2.4. loss of anticipated savings;
7.1.2.5. loss of data;
7.1.2.6. loss of goodwill;
7.1.2.7. wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8) INDEMNITY
8.1. You hereby acknowledge and agree to indemnify, defend and hold harmless Supashine, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us, our officers and directors from and against any and all claims, lawsuits, damages, losses, liabilities and costs that directly or indirectly arise or result from your use or misuse of the Supashine websites, account systems, services, any violation by you of any of the provisions of this Agreement or the Privacy Policy or any infringement by you of any third party’s right.
8.2. Supashine reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which even you will cooperate with Supashine in asserting any available defences.
9) INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
9.1. We process information about you in accordance with our privacy policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
10) UPLOADING MATERIAL TO OUR SITE
10.1. Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms. You warrant that any such contribution does comply with those standards. In cases where any such contribution does not comply with those standards and is a cause for a claim or a dispute you agree and undertake to indemnify us for any breach of that warranty.
10.2. Any material you upload to our site will be considered non-confidential and non proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
10.3. You are responsible and liable for any and all communications, information, images, material, their contents and accuracy transmitted, uploaded or posted to our websites, or account systems by you to us and any third party.
10.4. You hereby acknowledge and agree that none of the communications, information, images, material and their contents will not be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of Supashine, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us won’t be liable for any and all use or disclosure of the communications, information, images, material and their contents. You waive any moral rights you may have in the content that you have posted to the maximum extent permitted by the laws of your jurisdiction.
10.5. You hereby represent, warrant and agree that the communications, information, images, materials and their contents shall not violate any third-party rights.
10.6. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in these terms.
11) VIRUSES, HACKING AND OTHER OFFENCES
11.1. You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
11.2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
11.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
12) LINKING TO OUR SITE AND REMOVAL OF LINKS
12.1. You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association or in misleading context.
12.2. Appropriate link text should always be used in links pointing to our website.
12.3. Our site must not be framed on any other site or use any similar technology in relation to the content of the website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms.
12.4. If you wish to make any use of material on our site other than that set out above or to link to us for commercial purposes, please address your request to svschigwell@gmail.com.
12.5. You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.
12.6. If you would like us to remove a link to your website that is included on this website, please contact us. Unless you have a legal right to demand removal, such removal will be at our discretion.
13) LINKS FROM OUR SITE
13.1. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
13.2. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. LIMITATION OF LIABILITY
14.1. Under no circumstances, and under no legal theory, whether in contract, tort (including negligence), strict liability or otherwise, shall Supashine be liable to you or any other person for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (including, damages for loss of business, loss of data, loss of goodwill, or lost profits), or any damages for gross negligence of any kind (including, damages for work stoppage, or any other commercial damages or losses) arising from your use or misuse of the Supashine, even if Supashine knew or should have known of the possibility of such damages. In no event shall Supashine be liable for any damages in excess of any amount you have paid to Supashine for provision of services, if any, during the six /6/ months immediately prior to the time your cause of action arose.
14.2. Notwithstanding the aforementioned limitations of liability nothing in this agreement shall limit Supashine’ liability:
14.2.1. for damage from injury to life, body or health due to negligent breach of duty or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of Supashine;
14.2.2. for other damage arising from a grossly negligent breach of duty by Supashine or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of Supashine;
14.2.3. for intentional misconduct;
14.2.4. for damage arising from a negligent breach of an obligation that is essential for the performance of the contract by Supashine to the extent that is typical and foreseeable;
14.2.5. for any guarantee given by Supashine to you; and
14.2.6. for any liability under a jurisdiction’s applicable services liability legislation.
14.3. Because certain states or jurisdictions do not allow for exclusion or limitation of liability for certain types of losses or damages, in such states or jurisdictions, the liability of Supashine shall be limited to the fullest extent permitted by applicable law.
15) JURISDICTION AND APPLICABLE LAW
15.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
15.2. These terms of use 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.
16. ALTERNATIVE DISPUTE RESOLUTION
16.1. Supashine and you hereby agree to first attempt to informally negotiate any claim or dispute for at least 30 /thirty/ days.
16.2. You shall notify Supashine of any claims that you have by sending a notice to: SVS Chigwell
16.3.This clause /13/ shall have no effect on any statutory rights to initiate a court proceeding in case of a dispute and shall not suspend any statutory limitation periods applicable to the bringing of a claim.
17) VARIATIONS
17.1. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.
18. PARTNERSHIP 18.1. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Supashine, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us, as a result of this Agreement and/or your use of the Supashine websites, and/or account systems.
19. ASSIGNING
19.1. You hereby acknowledge and agree that Supashine may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent.
19.2. You hereby acknowledge and agree that you may not assign the Agreement without Supashine’ prior written consent, and any unauthorised assignment by you shall be null and void.
20. WAIVER
20.1. Supashine omission to enforce any provision of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. Any waiver by Supashine, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
21. SEVERABILITY
21.1. If any provision of this Agreement is held to be invalid or unenforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
21.2. If any provision cannot be reformed, any such provision shall be deemed severable from the terms of the Agreement and shall not affect the validity and enforceability of any remaining provisions.
22. HEADINGS
22.1. The headings in this Agreement shall have no legal effect whatsoever and are provided for informational purposes only.
23. TERM
23.1. This Agreement shall be effective as of the date that you indicated that you accept it, whether explicitly or by using the websites, and/or account systems of Supashine, and shall last as long as you continue using the websites, and/or account systems of Supashine.
23.2 You may terminate this agreement by simply ceasing to use the websites, and/or account systems of Supashine.
23.3. You may terminate your account by notifying Supashine at svschigwell@gmail.com.
24. SURVIVABILITY
24.1. Clauses 2.2-2.4 (inclusive), 3, 4, 7, 8, 10, 14-22 (inclusive) shall survive the termination of this Agreement and continue to be in full force.
25. ENTIRE AGREEMENT
25.1. This Agreement represents the complete agreement between you and Supashine concerning the use of our websites, and account systems, and supersedes any prior or contemporaneous agreements between you and Supashine.
25.2. This clause shall have no effect and shall coexist with the Terms and Conditions of the actual services, and shall coexist and not supersede any other Supashine policies referenced in this Agreement.
26) YOUR CONCERNS
26.1. If you have any concerns about material which appears on our Site, please contact us at svschigwell@gmail.com Thank you for visiting our Site.
