These Terms and Conditions, together with any and all other documents
this website, www.2burned.com
(“Our Site”). Please read these Terms and Conditions carefully and
ensure that you understand them. Your agreement to comply with and be
bound by these Terms and Conditions is deemed to occur upon your first
use of Our Site. If you do not agree to comply with and be bound by
these Terms and Conditions, you must stop using Our Site immediately.
These Terms and Conditions do not apply to the sale of goods. Please
refer to our Sale of Goods Terms and Conditions for more information
www.2burned.com, 2Burned ltd, 2Burned®
- Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires,
the following expressions have the following meanings:
means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
any and all text, images, audio, video, scripts, code, software,
databases and any other form of information capable of being stored on a
computer that appears on, or forms part of, Our Site;
means a user of Our Site;
any content submitted to Our Site by Users including, but not limited
to, Product reviews, comments and uploaded pictures; and
2Burned ltd, whose registered address is 23
Tenby Close, Warrington, WA59SG and whose main trading address is 23
Tenby Close, Warrington, WA59SG.
- Information About Us
2.1 Our Site, www.2burned.com, is owned and operated by 2Burned ltd registered in England
whose registered address is 23 Tenby Close, Warrington, WA59SG. and
whose main trading address is 23 Tenby Close, Warrington, WA59SG.
- Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis.
We may alter, suspend or discontinue Our Site (or any part of it) at
any time and without notice. We will not be liable to you in any way if
Our Site (or any part of it) is unavailable at any time and for any
parts of Our Site (including the ability to purchase goods from Us) may
require an Account in order to access them.
4.2 You may
not create an Account if you are under 18 years of age. If you are
under 18 years of age and wish to use the parts of Our Site that require
an Account, your parent or guardian should create the Account for you
and you must only use the Account with their supervision.
When creating an Account, the information you provide must be accurate
and complete. If any of your information changes at a later date, it is
your responsibility to ensure that your Account is kept up-to-date.
We recommend that you choose a strong password for your Account,
consisting of a combination of upper and lower case letters as well as
number and symbols. It is your responsibility to keep your password
safe. You must not share your Account with anyone else. If you believe
your Account is being used without your permission, please contact Us
immediately. We will not be liable for any unauthorised use of your
4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
Any personal information provided in your Account will be collected,
used, and held in accordance with your rights and Our obligations under
the Data Protection Act 1998, as set out in Clause 17.
If you wish to close your Account, you may do so at any time. Closing
your Account will result in the removal of your information. Closing
your Account will also remove access to any areas of Our Site requiring
an Account for access.
- Intellectual Property Rights
With the exception of User Content (see Clause 6), allContent included
on Our Site and the copyright and other intellectual property rights
subsisting in that Content, unless specifically labelled otherwise,
belongs to or has been licensed by Us. All Content (including User
Content) is protected by applicable United Kingdom and international
intellectual property laws and treaties.
5.2 Subject to
sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell,
rent, sub-licence, store, or in any other manner re-use Content from Our
Site unless given express written permission to do so by Us.
5.3 You may:
Access, view and use Our Site in a web browser (including any web
browsing capability built into other types of software or app);
5.3.2 Download Our Site (or any part of it) for caching;
5.3.3 Print pages from Our Site;
5.3.4 Download extracts from pages on Our Site; and
5.3.5 Save pages from Our Site for later and/or offline viewing.
Our status as the owner and author of the Content on Our Site (or that
of identified licensors, as appropriate) must always be acknowledged.
You may not use any Content saved or downloaded from Our Site for
commercial purposes without first obtaining a licence from Us (or our
licensors, as appropriate) to do so. This does not prohibit the normal
access, viewing and use of Our Site for general information purposes
whether by business users or consumers.
5.6 Nothing in
these Terms and Conditions limits or excludes the provisions of Chapter
III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in
Relation to Copyright Works’, covering in particular the making of
temporary copies; the making of personal copies for private use;
research and private study; the making of copies for text and data
analysis for non-commercial research; criticism, review, quotation and
news reporting; caricature, parody or pastiche; and the incidental
inclusion of copyright material.
- User Content
6.1 User Content on Our Site includes (but is not necessarily limited to) product reviews, comments and uploaded files.
An Account is required if you wish to submit User Content. For terms
and conditions pertaining to Accounts, please refer to Clause 4.
You agree that you will be solely responsible for your User Content.
Specifically, you agree, represent and warrant that you have the right
to submit the User Content and that all such User Content will comply
with Our Acceptable Usage Policy, detailed below in Clause 12.
You agree that you will be liable to Us and will, to the fullest extent
permissible by law, indemnify Us for any breach of the warranties given
by you under sub-Clause 6.3. You will be responsible for any loss or
damage suffered by Us as a result of such breach.
(or your licensors, as appropriate) retain ownership of your User
Content and all intellectual property rights subsisting therein. When
you submit User Content you grant Us an unconditional, non-exclusive,
fully transferrable, royalty-free, perpetual, irrevocable,worldwide
licence to use, store, archive, syndicate, publish, transmit, adapt,
edit, reproduce, distribute, prepare derivative works from, display,
perform and sub-licence your User Content for the purposes of operating
and promoting Our Site. In addition, you also grant Other Users the
right to copy and quote your User Content within Our Site.
If you wish to remove User Content from Our Site, the User Content in
question will be anonymised by removing your username and any other
information possible. Please note, however, that caching or references
to your User Content may not be made immediately unavailable (or may not
be made unavailable at all where they are outside of Our reasonable
6.7 We may reject, reclassify, or remove any
User Content from Our Site where, in Our sole opinion, it violates Our
Acceptable Usage Policy, or if We receive a complaint from a third party
and determine that the User Content in question should be removed as a
- Links to Our Site
7.1 You may link to Our Site provided that:
7.1.1 You do so in a fair and legal manner;
You do not do so in a manner that suggests any form of association,
endorsement or approval on Our part where none exists;
7.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
7.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
7.2 You may link to any page of Our Site provided you comply with the remainder of this Clause 7.
- Links to Other Sites
to other sites may be included on Our Site. Unless expressly stated,
these sites are not under Our control. We neither assume nor accept
responsibility or liability for the content of third party sites. The
inclusion of a link to another site on Our Site is for information only
and does not imply any endorsement of the sites themselves or of those
in control of them.
The Content on Our Site does not constitute advice on which you should
rely. It is provided for general information purposes only.
Professional or specialist advice should always be sought before taking
any action. Insofar as is permitted by law, We make no representation,
warranty, or guarantee that Our Site will meet your requirements, that
it will not infringe the rights of third parties, that it will be
compatible with all software and hardware, or that it will be secure.
If, as a result of Our failure to exercise reasonable care and skill,
any digital content from Our Site damages your device or other digital
content belonging to you, you may be entitled to certain legal
remedies. For more details concerning your rights and remedies as a
consumer, please contact your local Citizens Advice Bureau or Trading
9.2 We make reasonable efforts to ensure
that the Content on Our Site is complete, accurate, and up-to-date. We
do not, however, make any representations, warranties or guarantees
(whether express or implied) that the Content is complete, accurate, or
up-to-date. Please note that this exception does not apply to
information concerning goods for sale through Our Site. Please refer to
Our Sale of Goods Terms and Conditions.
- Our Liability
The provisions of this Clause 8 apply only to the use of Our Site and
not to the sale of goods, which is governed separately by Our Sale of
Goods Terms and Conditions.
10.2 To the fullest extent
permissible by law, We accept no liability to any user for any loss or
damage, whether foreseeable or otherwise, in contract, tort (including
negligence), for breach of statutory duty, or otherwise, arising out of
or in connection with the use of (or inability to use) Our Site or the
use of or reliance upon any Content included on Our Site.
To the fullest extent permissible by law, We exclude all
representations, warranties, and guarantees (whether express or implied)
that may apply to Our Site or any Content included on Our Site.
If you are a commercial user, We accept no liability for loss of
profits, sales, business or revenue; loss of business opportunity,
goodwill or reputation; loss of anticipated savings; business
interruption; or for any indirect or consequential loss or damage.
We exercise all reasonable skill and care to ensure that Our Site is
free from viruses and other malware, however subject to sub-Clause 9.2,
We accept no liability for any loss or damage resulting from a virus or
other malware, a distributed denial of service attack, or other harmful
material or event that may adversely affect your hardware, software,
data or other material that occurs as a result of your use of Our Site
(including the downloading of any Content from it) or any other site
referred to on Our Site.
10.6 We neither assume nor accept
responsibility or liability arising out of any disruption or
non-availability of Our Site resulting from external causes including,
but not limited to, ISP equipment failure, host equipment failure,
communications network failure, natural events, acts of war, or legal
restrictions and censorship.
10.7 Nothing in these Terms and
Conditions excludes or restricts Our liability for fraud or fraudulent
misrepresentation, for death or personal injury resulting from
negligence, or for any other forms of liability which cannot be excluded
or restricted by law. For full details of consumers’ legal rights,
including those relating to digital content, please contact your local
Citizens’ Advice Bureau or Trading Standards Office.
- Viruses, Malware and Security
11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
You are responsible for protecting your hardware, software, data and
other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any
other material which is malicious or technologically harmful either to
or via Our Site.
11.4 You must not attempt to gain
unauthorised access to any part of Our Site, the server on which Our
Site is stored, or any other server, computer, or database connected to
11.5 You must not attack Our Site by means of a
denial of service attack, a distributed denial of service attack, or by
any other means.
11.6 By breaching the provisions of
sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under
the Computer Misuse Act 1990. Any and all such breaches will be
reported to the relevant law enforcement authorities and We will
cooperate fully with those authorities by disclosing your identity to
them. Your right to use Our Site will cease immediately in the event of
such a breach.
- Acceptable Usage Policy
You may only use Our Site in a manner that is lawful and that complies
with the provisions of this Clause 12. Specifically:
12.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
12.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
you must not use Our Site to knowingly send, upload, or in any other
way transmit data that contains any form of virus or other malware, or
any other code designed to adversely affect computer hardware, software,
or data of any kind; and
12.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
When submitting User Content (or communicating in any other way using
Our Site), you must not submit, communicate or otherwise do anything
12.2.1 is sexually explicit;
12.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
12.2.3 promotes violence;
12.2.4 promotes or assists in any form of unlawful activity;
discriminates against, or is in any way defamatory of, any person,
group or class of persons, race, sex, religion, nationality, disability,
sexual orientation or age;
12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.7 is calculated or is otherwise likely to deceive;
12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
misleadingly impersonates any person or otherwise misrepresents your
identity or affiliation in a way that is calculated to deceive (obvious
parodies are not included within this definition provided that they do
not fall within any of the other provisions of this sub-Clause 12.2);
12.2.10 implies any form of affiliation with Us where none exists;
infringes, or assists in the infringement of, the intellectual property
rights (including, but not limited to, copyright, patents, trade marks
and database rights) of any other party; or
12.2.12 is in breach
of any legal duty owed to a third party including, but not limited to,
contractual duties and duties of confidence.
12.3 We reserve
the right to suspend or terminate your access to Our Site if you
materially breach the provisions of this Clause 12 or any of the other
provisions of these Terms and Conditions. Specifically, We may take one
or more of the following actions:
12.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
12.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;
12.3.3 issue you with a written warning;
take legal proceedings against you for reimbursement of any and all
relevant costs on an indemnity basis resulting from your breach;
12.3.5 take further legal action against you as appropriate;
12.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
12.3.7 any other actions which We deem reasonably appropriate (and lawful).
We hereby exclude any and all liability arising out of any actions
(including, but not limited to those set out above) that We may take in
response to breaches of these Terms and Conditions.
- Privacy and Cookies
of Our Site is also governed by Our Cookie and Privacy Policies,
available on our terms and conditions. These policies are incorporated
into these Terms and Conditions by this reference.
- Changes to these Terms and Conditions
We may alter these Terms and Conditions at any time. Any such changes
will become binding on you upon your first use of Our Site after the
changes have been implemented. You are therefore advised to check this
page from time to time.
14.2 In the event of any conflict
between the current version of these Terms and Conditions and any
previous version(s), the provisions current and in effect shall prevail
unless it is expressly stated otherwise.
- Contacting Us
To contact Us, please email Us at email@example.com or using any of the methods provided on Our contact page.
- Communications from Us
If We have your contact details, We may from time to time send you
important notices by email. Such notices may relate to matters
including, but not limited to, service changes and changes to these
Terms and Conditions.
16.2 We will never send you marketing
emails of any kind without your express consent. If you do give such
consent, you may opt out at any time. Any and all marketing emails sent
by Us include an unsubscribe link. If you opt out of receiving emails
from Us at any time, it may take up to 14 business days for your new
preferences to take effect.
16.3 For questions or complaints
about communications from Us (including, but not limited to marketing
emails), please contact Us at firstname.lastname@example.org
- Data Protection
Any and all personal information that We may collect will be collected,
used and held in accordance with the provisions of the Data Protection
Act 1998 and your rights and Our obligations under that Act.
17.2 We may use your personal information to:
17.2.1 Reply to any communications you send to Us;
17.2.2 Send you important notices, as detailed in Clause 16;
17.3 We will not pass on your personal information to any third parties.
- Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us
(whether contractual or otherwise) shall be governed by, and construed
in accordance with, English law.
18.2 If you are a consumer,
any disputes concerning these Terms and Conditions, the relationship
between you and Us, or any matters arising therefrom or associated
therewith (whether contractual or otherwise) shall be subject to the
jurisdiction of the courts of England, Wales, Scotland, or Northern
Ireland, as determined by your residency.
18.3 If you are a
business, any disputes concerning these Terms and Conditions, the
relationship between you and Us, or any matters arising therefrom or
associated therewith (whether contractual or otherwise) shall be subject
to the exclusive jurisdiction of the courts of England and Wales.