1. About this policy
1.1. This acceptable use policy (Policy) governs how you may access and use this website and all associated web pages and content (Site).
1.2. You should read this Policy carefully before using the Site.
1.3. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by this Policy, which supplements our other terms and policies. If you do not agree with or accept any part of this Policy, you should stop using the Site immediately.
1.4. If you have any questions about this Policy, please send an email to firstname.lastname@example.org or write to us at Heat Geek Ltd, 93 Mytchett Road, Mytchett, Camberley, GU16 6ES, England, United Kingdom.
1.5. If you would like this Policy in another format (for example: audio, large print, braille) please contact us using the above contact details.
1.6. In this Policy:
‘we’, ‘us’ or ‘our’ means Heat Geek Ltd a company registered in England and Wales under company registration number 11887015. Our registered office is at 93 Mytchett Road, Mytchett, Camberley, GU16 6ES, England; and
‘you’ or ‘your’ means the person accessing or using the Site or its content.
2. Acceptable use
2.1. We permit you to use the Site only to view and purchase our goods. Use of the Site in any other way, including any unacceptable use set out in this Policy, is not permitted.
2.2. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
2.3. We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
3. Unacceptable use
3.1. As a condition of your use of the Site, you agree not to use the Site:
3.1.1. for any purpose that is unlawful under any applicable law or prohibited by this Policy;
3.1.2. to commit any act of fraud;
3.1.3. to distribute viruses or malware or other similar harmful software code;
3.1.4. for purposes of promoting unsolicited advertising or sending spam;
3.1.5. to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
3.1.6. in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
3.1.7. in any manner that harms minors;
3.1.8. to promote any unlawful activity;
3.1.9. to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
3.1.10. to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
3.1.11. to attempt to circumvent password or user authentication methods.
4. Bulletin boards, chat rooms and other interactive services
4.1. We may make bulletin boards, chat rooms or other communication services (Interactive Services) available on the Site.
4.2. We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material (Submission) submitted to our Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
4.3. We may remove or edit any Submission to any of our Interactive Services whether they are moderated or not.
4.4. Any Submission you make must comply with our Submission standards set out in clause 5 below.
4.5. By making a Submission, you grant to us a royalty-free, irrevocable, non-exclusive, transferable licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display the Submission (in whole or in part) on the Site, and on any other websites operated by us, indefinitely.
5. Submission standards
5.1. Any Submission you make to our Interactive Services and any other communication to users of our Site by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably.
5.2. In particular, any Submission or communication by you must be:
5.2.1. your own original work and lawfully submitted;
5.2.2. factually accurate or your own genuinely held belief;
5.2.3. provided with the necessary consent of any third party;
5.2.4. not defamatory or likely to give rise to an allegation of defamation;
5.2.5. not offensive, obscene, sexually explicit, discriminatory or deceptive; and
5.2.6. unlikely to cause offence, embarrassment or annoyance to others.
6. Registration and password security
6.1. Use of the Site may require registration, particularly in order to access restricted areas of the Site or when making a purchase.
6.2. We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.
6.3. You are responsible for making sure that your password and any other account details are kept secure and confidential.
6.4. If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
7. Your privacy and personal information
8. Confidential information
8.1. You undertake that you will keep any information provided to you by way of our various training courses (Course) or that is confidential in nature concerning us and our affiliates including, any details of our, business, affairs, customers, clients, suppliers, plans or strategy (Confidential Information) confidential and that it shall not be used or disclosed to any person, except as permitted by clause 8.3.
8.2. Without prejudice to the generality of clause 8.1, you expressly acknowledge and agree that any know-how relating to the Course constitute Confidential Information for the purposes of this agreement and that your obligations under this agreement shall apply to such information and materials.
8.3. You may:
8.3.1. disclose any Confidential Information to any of your representatives or advisers (Representatives) who need to know the relevant Confidential Information for the purposes of the performance of any obligations under this agreement, provided that you must ensure that each of your Representatives to whom Confidential Information is disclosed is aware of its confidential nature and undertake and agrees to comply with this clause 8;
8.3.2. disclose any Confidential Information as may be required by law, any court, any governmental, regulatory or supervisory authority or any other authority of competent jurisdiction to be disclosed; and
8.3.3. use Confidential Information only to perform any obligations under this contract
8.4. You recognise that any breach or threatened breach of this clause 8 may cause us irreparable harm for which damages may not be an adequate remedy. Accordingly, in addition to any other remedies and damages, you agree that we may be entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.
8.5. Due to the highly sensitive and confidential nature of the Confidential Information disclosed by us to you in connection with the Course, and due to the high commercial value of the Confidential Information disclosed by us to you in connection with the Course, each party expressly acknowledges and agrees that this clause 8 shall be binding in perpetuity.
9. Ownership, use and intellectual property rights
9.1. The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.
9.2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
9.3. Nothing in this Policy grants you any legal rights in the Site or the Content other than as necessary for you to access it. If you are undertaking our Course(s) we grant you a licence (Licence) to use the Content as part of the Course subject to the following:
9.3.1. the Licence is non-exclusive. Accordingly, we may grant licences of the Content to third parties and our self use the Content;
9.3.2. the Licence is non-transferable and cannot be sublicensed;
9.3.3. the Content may only be used in connection with the provision of the Course; and
9.3.4. the Licence shall subsist for the Course whereupon it shall automatically terminate.
9.4. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
10. Linking and framing
10.1. You may create a link to our Site from another website without our prior written consent provided no such link:
10.1.1. creates a frame or any other browser or border environment around the content of our Site;
10.1.2. implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
10.1.3. displays any of our HEAT GEEK brand or logos used on our Site without our permission; or
10.1.4. is placed on a website that itself breaches this Policy.
10.2. We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
10.3. The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
11. Limitation on our liability
11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
11.1.1. losses that were not foreseeable to you and us when these Terms were formed;
11.1.2. losses that were not caused by any breach on our part;
11.1.3. business losses; and
11.1.4. losses to non-consumers.
12.1. We shall apply the terms of this Policy in our absolute discretion. In the event of your breach of this Policy we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions or any other communication to users of our Site by you to law enforcement authorities or take any action we consider necessary to remedy the breach.
12.2. Relevant United Kingdom law will apply to this Policy. If you want to take court proceedings, the relevant courts of the United Kingdom will have non-exclusive jurisdiction in relation to this Policy.