Terms & Conditions

Imagineear Ltd, The Blomfield Rooms, Fulham Palace, Bishop’s Avenue, London SW6 6EA
www.imagineear.com
Company No: 0688 7633 VAT No: GB971 9709 73 ICO No: ZA130648

IMAGINEEAR WEBSITE TERMS OF USE

Last Reviewed: 30th April 2023
Next Review: before end-April 2023

All Imagineear web apps and websites, including this website, are operated by Imagineear Ltd, a limited liability company registered in the United Kingdom under company number 0688 7633. Imagineear’s registered office is The Blomfield Rooms, Fulham Palace, Bishop’s Avenue, London SW6 6EA. In these Terms of Use, the terms “we”, “use” and “our” refer to Imagineear, “you” and “your” refer to visitors to the website, and the term “website” refers to all Imagineear web apps and websites, including this website.
Before making use of any part of the website, please read the following terms and conditions carefully. They apply to all those who access the website and by doing so, you agree to be bound by the terms in full. These terms are to be read in conjunction with the Imagineear Privacy and Cookie policies, both of which are available from Imagineear. Together they comprise the terms on which Imagineear provides, and visitors make use of, the website.

  1. OUR SERVICE
    The content of the website is reviewed regularly and updated to ensure that information given remains accurate, up-to-date and relevant for users. Despite these efforts to ensure the information provided is kept current and complete, we do not accept responsibility for possible errors, inaccuracies or omissions. As such, any reliance on information contained in the website is at your own risk.
    There exists no relationship between Imagineear and users of the website that would give rise to any duties on our part. We undertake no obligation to update, amend or clarify information except as required by law. We do, however, reserve the right to modify the contents of this site at any time without prior notice. You therefore agree that it is your responsibility to monitor changes.
  2. OWNERSHIP OF CONTENT
    Imagineear and/or third parties are the owners of all right, title and interest in and to the website and its content including without limitation all intellectual property rights therein and thereto. Imagineear reserves all of its rights in the content and website. Nothing in these Terms of Use grants you a right or licence to use any trademark, design right or copyright owned or controlled by Imagineear or any other third party.
  3. USE OF CONTENT
    You may not use the website or its content:
    3.1 For any unlawful purpose;
    3.2 To solicit others to perform or participate in any unlawful acts;
    3.3 In a way that violates any applicable local, national or international law or regulation or is fraudulent or has any unlawful or fraudulent purpose or effect.
    3.4 To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
    3.5 To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
    3.6 To knowingly upload or transmit viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code that will or may be used in any way that will affect the functionality or operation of the website, any other websites, the internet, or related hardware and software;
    3.7 To collect or track the personal information of others;
    3.8 To spam, phish, pharm, pretext, spider, crawl or scrape;
    3.9 For any obscene or immoral purpose; or
    3.10 To interfere with or circumvent the security features of the website, any other websites, the Internet, or related software.
    You also agree that you will not, and will not allow any third party to:
    3.11 Copy, emulate, clone, rent, lease, sell, modify, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the website or content that may be presented or accessed through the website in contravention of the provisions of these Terms of Use for any purpose, unless otherwise permitted;
    3.12 Take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in the website; or
    3.13 Remove, obscure, or alter Imagineear’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the website.
  4. SUSPENSION
    Should we decide that you have breached the Terms of Use contained in this agreement, we exclude liability for such a breach, and reserve the right to:
    4.1 Restrict your right to use the website through an immediate suspension;
    4.2 Issue a formal warning;
    4.3 Begin legal proceedings and supply all information deemed necessary to the relevant law enforcement authorities; or
    4.4 Take any other reasonably appropriate course of action.
  5. LIMITATION OF LIABILITY
    5.1 Imagineear does not guarantee, represent, or warrant that your use of the website will be uninterrupted, timely, secure or error-free. We may remove the service for indefinite periods of time or cancel the service at any time without notice.
    5.2 To the maximum extent permitted by law, Imagineear and its affiliates are not liable to you under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages, whether in contract, tort (negligence), breach of statutory duty, or otherwise, that may be incurred by you through your use of the website, even if foreseeable, arising under or in connection with use of, or inability to use, the website; or use of, or reliance on any content displayed on the website.
    5.3 Thus, by using the website, you assume full responsibility for using the materials and information contained therein and you understand that neither Imagineear nor its affiliates are responsible or liable for any claim, loss, damage, costs or expenses resulting from its use.
    5.4 We accept no responsibility for the content of third party websites, named agencies, companies, products, services or publications linked within the website. These links are not to be construed as a recommendation or endorsement by Imagineear and we are not liable for any loss or damage caused through your use of them.
  6. INDEMNITY
    6.1 To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Imagineear, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or accruing from your use of the website, your violation of these Terms of Use or your violation of any law or the rights of a third-party.
  7. CHANGES
    7.1 These Terms of Use are effective as of the date stated at the top of this page.
    7.2 Imagineear reserves the right to add, change, suspend or remove aspects of these Terms of Use or the website itself without notice or liability. Your continued use of the website following the posting of any changes will constitute acceptance of these changes. It is therefore important that you periodically review these Terms of Use and note the changes made.
    7.3 If, at any point, you do not agree with any portion of the current version of the Terms of Use, you must immediately stop using the website.
  8. TERMINATION 8.1 These Terms of Use will continue to apply unless and until terminated by either you or us. You may terminate these Terms of Use at any time by ceasing to use the website. 8.2 Your rights automatically and immediately terminate without notice if you fail to comply with any provision of these Terms of Use.
  9. MISCELLANEOUS
    9.1 These Terms of Use and any policies or operating rules posted by us constitute the entire Agreement between you and us relating to and governing your use of the website, and completely replace any prior or contemporaneous agreements between you and us regarding the website (including, but not limited to, any prior versions of the Terms of Use).
    9.2 The failure of Imagineear to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision, which will still be available to us.
    9.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is unlawful, void, unenforceable or otherwise invalid, then that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be removed without affecting the rest of the Terms of Use. The remaining provisions will continue to be valid and enforceable.
    9.4 The rights granted in these Terms of Use may not be assigned or transferred by either you or us without the prior written approval of the other party. Neither you nor we are permitted to delegate responsibilities or obligations under these Terms of Use without the prior written approval of the other party.
    9.5 These Terms of Use and any disputes arising out of them shall be governed by and interpreted in accordance with English law with the courts of England and Wales having exclusive jurisdiction to resolve any dispute or claim arising out of or in connection with them.
  10. CONTACT
    Questions and comments on these Terms of Use are welcomed and should be addressed to the Legal Department, by email at legaldepartment@imagineear.com, by phone at 020 3954 3515, or by post to:
    Legal Department
    Imagineear Ltd
    The Blomfield Rooms,
    Fulham Palace,
    London, SW6 6EA
    United Kingdom