AMAX DIGITAL MARKETING LTD
Website Terms & Conditions
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Last updated: 9th October 2023
1. WHO WE ARE AND HOW TO CONTACT US
1.1 We are Amax Digital Marketing Ltd, a company incorporated and registered in England and Wales under company number 14032443 with its offices at Amax House Unit B1b, Neptune Road, Harrow, England, HA1 4HX (“Amax”, “we” or “us”).
1.2 If you have any queries concerning these Terms, you may contact us at [marketing@amax.co.uk].
2. WHAT DO THESE TERMS COVER?
2.1 These website terms and conditions (“Terms”) apply to and govern all use of our website, https://www.amaxmarketing.net/ (the “Website”) and any related services or functionalities (together, the “Services”). Please read the following carefully before using the Services. By using the Services, you are agreeing to be bound by, and become a party to, these Terms, which can be found on our Website. If you do not agree with these Terms, you may not use the Services.
3. HOW ARE THESE TERMS UPDATED?
3.1 We may update these Terms from time to time for any reason by posting the updated version to our Website, but changes to these Terms take effect only where they are permitted by law and made available to you for your agreement. Every time you use the Services, you are deemed to have accepted the latest version of these Terms in place at that time. Please check our Website for any updates to these Terms each time you use the Services.
4. SHOULD I RELY ON THE CONTENT ON THE WEBSITE?
4.1 The content on our Services is provided for general information only. Whilst we update the content on our Services from time to time, we make no representations, warranties or guarantees, express or implied, that the content on our Services is accurate, complete or up to date.
4.2 Our Services links to other websites and resources owned and operated by third parties (“third party sites”). We have no control over these third party sites.
5. LIMITED USE LICENCE
5.1 Amax hereby grants a limited, non-exclusive right and license to you for you to use the Services, subject to these Terms, for personal, non-commercial use only. Any use, reproduction or redistribution of the Services not in accordance with these Terms is expressly prohibited.
5.2 These Terms and your use of the Services do not give you any rights of title or ownership in any property, whether tangible or intangible. The Services are licensed, not sold.
5.3 The Services are comprised of copyright works of Amax and/or its licensors.
6. END USER OBLIGATIONS
6.1 You must not do, or attempt to do, any of the following with the Services (except to the extent expressly permitted by these Terms):
6.1.1 use the Services if you are not fully able and legally competent to agree to these Terms;
6.1.2 sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-license, derive source code from, modify, adapt, hack, merge, disassemble, decompile, create derivative works based on, commercially exploit or otherwise transfer or deal in copies or reproductions of the Services, or any part of or interest in them, to other parties in any way (except where a Service expressly permits you to do so through sharing content in that Service / on social media);
6.1.3 remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices and legends contained on the Services;
6.1.4 attempt to gain unauthorised access to the Services or to the computers, devices, servers, or networks connected to them by any means;
6.1.5 infringe Amax’s intellectual property rights or those of any third party in relation to your use of the Services or create alternative services which mimics any data or functionality of the Services;
6.1.6 make the Services or any part of them available to any third party (aside from fairly and honestly providing links to the Services, showing them to other people or where specifically permitted under these Terms) or otherwise display, publish, copy, print, post or otherwise use the Services and the information contained therein for the benefit of any third party or website; or
6.1.7 use the Services for any illegal or immoral purposes, or in a way which might call into disrepute or undermine the integrity of Amax or the Services (such as tampering with competition results or altering the human skill component of any competitions);
6.2 You will cooperate fully with Amax to investigate any suspected illegal, fraudulent or improper activity, or any breach of these Terms and, if you feel that the behaviour of another individuals breaches these Terms then please let Amax know by sending an email to [marketing@amax.co.uk] with details of the potential breach and/or the individual responsible. Amax will take reasonable steps to deal with any breach.
6.3 You are responsible for ensuring that you have an internet connection, and that the device and equipment that you use have sufficient system capabilities and memory in order to use the Services. Amax is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnections or any incorrect or inaccurate results.
7. OWNERSHIP
7.1 All right, title, interest and ownership rights and any and all copyrights, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications or extensions therefor and all other intellectual property rights of any similar or equivalent type in any territory of the world (“Intellectual Property Rights”), in or connected with the Services and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Services are owned by, belong to and vest in Amax and its licensors.
7.2 The Services may contain certain materials licensed by third parties to Amax. All trade marks and other rights are the property of their respective owners.
7.3 The Services may include intellectual property, or references, relating to third parties such as (without limitation) real-world events, people, organisations, places, companies and competitions or other real-world references. Except where we may have licensed rights from the relevant party, we do not represent that we have a connection with or any arrangement with such rights owners. We may in some instances make limited use of unlicensed third party intellectual property for the limited purposes of providing information about and/or to identify real-world facts in an honest and fair way and as permitted by applicable law.
8. LIABILITY
8.1 Amax warrants that it has used and will use reasonable efforts to ensure that:
8.1.1 it is entitled to grant the rights and licences granted hereunder; and
8.1.2 the Services will be of satisfactory quality.
8.2 Except as specifically provided in these Terms and to the maximum extent permitted by law:
8.2.1 the Services are provided on an “as is” and “as available” basis without warranty or guarantee of any kind (express or implied) other than those set out in these Terms;
8.2.2 Amax only accepts liability for direct loss as a result of its breach of its warranties in Clause 8.1 unless otherwise set out in these Terms;
8.2.3 subject to Clause 8.3, Amax and its licensors’ maximum liability will be limited to £20;
8.2.4 Amax and its licensors will not in any event be liable in any way for any consequential or indirect loss or damage, including loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill, reputation, or for business interruption, (save to the extent that damage to your device or other digital content which you own is caused by the Services as a result of our failure to use reasonable care and skill, in which case you may be entitled to compensation or we may be obliged to repair your device); and
8.2.5 Amax does not guarantee that the Services, on any content within them, will always be available, will be uninterrupted or will be error free or that errors can or will be corrected, or that the Services are free of viruses or other harmful components.
8.3 These Terms shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law, nor shall it exclude or limit any liability for fraud, fraudulent misrepresentation, or death or personal injury caused by Amax’s negligence.
8.4 You hereby indemnify (agree to compensate), defend and hold harmless Amax and Amax’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties”) from and against any and all any liabilities, claims, costs and expenses (including without limitation legal expenses and lawyers’ fees) incurred by the Indemnified Parties arising out of any of:
8.4.1 any breach by you of these Terms or claims arising directly or indirectly from your use or misuse of the Services;
8.4.2 any negligent or improper use of your device;
8.4.3 any use of the Services otherwise than in accordance with these Terms and any community use guidelines we may make available from time to time.
8.5 You shall fully cooperate with Amax in the defence of any such claim made pursuant to Clause 8.4, and Amax reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
8.6 You further agree that the subject matter of these Terms is of a unique character with special value, and that Amax would be irreparably damaged if these Terms were not specifically enforced, and therefore you agree that Amax shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of these Terms, in addition to such other remedies as Amax may otherwise have available to it under applicable laws.
8.7 Amax’s licensors shall be third-party beneficiaries under these Terms and shall have the express right to enforce their provisions and to enjoy the benefits of their protections.
8.8 These Terms shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law.
9. AGE RESTRICTIONS
9.1 Amax does not target the Services to users under 18 years of age.
9.2 To use the Services you must be both:
9.2.1 of an age which meets the minimum age certification requirement of the Services in the territory you are in (where applicable); and
9.2.2 in any event, you must be over the age of 18 years.
9.3 By using the Services, you represent and warrant that you are over 18 years of age. If you are not over 18 years of age, you must stop using the Services immediately.
10. DATA PROTECTION
Please be aware that any personal data you supply to us when using the Services will be used by us in accordance with our Privacy Policy https://amaxmarketing.net/privacy-policy. Please read our Privacy Policy carefully.
11. TERMINATION
11.1 These Terms and the licences granted by them are effective until terminated.
11.2 We may:
11.2.1 temporarily discontinue the Services at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for; and
11.2.2 (if you do not comply with these Terms, or we reasonably suspect that you have failed to do so) take any action we deem reasonable in our sole discretion against you, including immediately suspending your access to the Services. We reserve the right to determine what conduct we consider to be in violation of, or otherwise outside the intent or spirit of, these Terms and/or the Services. However, if what you have done can be put right, we will give you a reasonable opportunity to do so.
11.3 You may terminate these Terms at any time by emailing us at [marketing@amax.co.uk].
11.4 Following termination of these Terms, you will no longer be permitted to use the Services.
12. GENERAL
12.1 These Terms constitute the entire agreement between Amax and you in respect of their subject matter.
12.2 Even if we delay in enforcing these Terms and/or our rights, we can still enforce these Terms and/or our rights later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking of any of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.3 We may transfer our rights and obligations under these Terms to another organisation (such as, without limitation, in the event of a business restructure or acquisition). We will let you know if that happens and we will ensure that your rights under these Terms are unaffected. You may not transfer your rights or obligations under these Terms unless we expressly agree to the transfer in writing.
12.4 Except where expressly stated to the contrary in these Terms, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
12.5 In the event that any provision of these Terms (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be interpreted in such a way as to ensure it is enforced to the maximum extent permissible in a manner reflecting the parties’ intentions and the remaining portions of these Terms shall, in any event, remain in full force and effect.
12.6 These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim. In addition you may have the legal right to bring proceedings in your local jurisdiction and, if this is the case, then you may bring proceedings there.
