Terms and conditions
1 INTRODUCTION
1.1 - Welcome to our website (“Website”). Our Website is
provided to you by Manu BeWater.
1.2 - Please read these general terms and conditions
(“General Terms”) carefully - they set out the basis on
which you are allowed to use our Website. If you have any
questions about them or don’t accept them, please contact us
at info@manubewater.com or use the Contact Us page from the
menu. 1.3
In addition to these General Terms, your use of our Website
may also be subject to other terms and conditions and
policies which are referred to below.
1.4 - The ManuBeWater website is hosted, managed and
maintained on behalf of ManuBeWater. These General Terms
govern the use of the Website which shall be deemed to be
“our Website” for the purposes of these General Terms,
unless stated otherwise.
1.5 - You should save and/or print out a copy of these
General Terms for your future reference.
2 USING OUR WEBSITE
2.1 - You, as the user of our Website (“you” “your” and
“yourself”), can use our Website for your own personal
non-commercial use.
2.2 - Access to our Website is permitted on a temporary
basis and we reserve the right to withdraw or amend the
service without notice. You are responsible for making all
arrangements necessary to access this Website. You are also
responsible for ensuring that all persons accessing our
Website through your internet connection are aware of these
General Terms.
2.3 - You are not permitted to use, or cause others to use,
any automated system or software to extract content or data
from our Website except in cases where you or any applicable
third party has entered into a written agreement with us
that expressly permits such activity.
2.4 - You acknowledge that we cannot guarantee that our
Website will:
a. stay the same as we might change or remove it or make
access to it subject to registration or charges;
b. be compatible with all or any hardware or software which
you may use;
c. be available all the time or at any specific time;
d. be accurate and up to date; or
e. be error-free or free of viruses, electronic bugs, Trojan
horses or other harmful components and you must take your
own precautions accordingly.
2.5
You also acknowledge that:
a. we cannot guarantee the speed or security of the Website;
and
b. we will not be responsible for any damage or loss you may
suffer directly or indirectly as a result of any virus
attack that can be traced to our Website to the fullest
extent permissible by law.
3 VARIATIONS
3.1 - We may from time to time vary these General Terms
and/or the terms and policies referred to in these General
Terms. Please check our terms and policies regularly to
ensure you are aware of any variations we may make. If you
continue to use our Website, you are deemed to have accepted
such variations. If you do not agree to such variations, you
should not use our Website.
4 YOUR PRIVACY
4.1 - The privacy of your personal data is important to us.
Please see our PRIVACY POLICY, which forms part of these
General Terms, for details of how we will process your
personal data.
5 OUR USE OF COOKIES
5.1 - This Website uses cookies. Please see our COOKIE
POLICY, which forms part of our General Terms, for further
details.
6 PURCHASING GOODS AND SERVICES FROM OUR WEBSITE
6.1 - If you purchase goods or services from our Website
then such purchases will be subject to our TERMS OF
PURCHASE.
7 UPLOADING YOUR CONTENT TO OUR WEBSITE
7.1 - On certain parts of our Website, you may be invited to
submit materials for publication on our Website and/or use
by us in accordance with these General Terms (“Your
Content”). Your Content will be moderated by us before being
uploaded to the Website. Manu BeWater may in its discretion
determine whether Your Content is suitable for inclusion on
the Website, and makes no guarantee that Your Content will
be uploaded to the Website or used by us. If you choose to
upload materials, you must ensure that Your Content complies
with our Acceptable Content Guidelines below.
8 ACCEPTABLE CONTENT GUIDELINES
8.1 - Your Content must not breach any third party Rights
anywhere in the world. We appreciate that you may not be an
expert in Rights, but by way of example:
a. Your Content must not include music unless you have
written the music yourself or have a licence from the person
who wrote and recorded the music;
b. Your Content does not feature offensive content
8.2 - You must have the express consent of any individual
featured in Your Content to their image and/or voice being
used in accordance with the permission you grant to us
below. If you do not have their consent, you must not submit
any content featuring that individual to the Website;
8.3 - Your Content must not:
a. Your Content must not encourage or condone anti-social
behaviour.
b. contain any material which is or may reasonably be
considered to be threatening, defamatory, obscene, indecent,
offensive, pornographic, abusive, liable to incite racial
hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, or in breach of confidence;
c. be illegal or infringe the Rights of any third party, in
any country in the world; and
d. be technically harmful (by way of example it must not
include any computer viruses, logic bombs, Trojan horses,
worms, harmful components, corrupted data or other malicious
software or harmful data).
8.4 - By uploading Your Content to the Website, you hereby
grant Manu BeWater and its designees, together with users of
the website an irrevocable non-exclusive licence (which is
unlimited in time) to view and use Your Content without
restriction, including by way of example for commercial
purposes.
8.5 - We make no guarantee that Your Content will be kept on
the Website for any length of time, and we reserve the right
to remove Your Content as we see fit. You are urged to keep
back up copies of any of Your Content submitted to us. The
Website should not be used as your primary method to store
or curate copies of your images, videos or text, as Your
Content may be removed permanently from the Website at any
time, and ManuBeWater may not keep copies of Your Content.
8.6 - If you wish to request us to stop using any of Your
Content at any time, you should notify us by emailing
info@manubewater.com setting out details of Your Content
(the “Notified Content”) and, for Notified Content published
on our Website, where it can be found on the Website. We
will endeavour to respond promptly and to endeavour to cease
using the Notified Content. However, please note that once
you have posted Your Content, it may be shared and reposted
by Manu BeWater on other websites and used in other media
and publications. Whilst we will endeavour to cease using
any Notified Content within a reasonable time of the date
you notify us of your request to do so, we cannot give any
guarantee that we will be able to do so where the Notified
Content has been published on the Website or in other media.
9 TAKE DOWN PROCEDURE FOR MATERIALS
9.1 - If you have good reason to believe that any Materials
posted by other users do not comply with the Acceptable
Content Guidelines, then you should notify us by emailing us
at info@manubewater.com.
9.2 - Where we receive notification that Materials posted by
other users does not comply with the Acceptable Content
Guidelines, we will endeavour to investigate promptly.
Whilst we are investigating, we reserve the right to remove
the affected Materials immediately from our Website.
10 REGISTRATION
10.1 - You may need to register with our Website in order to
use certain parts or functions of our Website. Your access
to such parts of our website is permitted on the basis that:
a. Only you use your username and password; and
b. You provide correct, current and complete information
about yourself when registering;
10.2 - If you breach any of these General Terms, or any of
the other terms and policies referred to in these General
Terms, your account and ability to access and use your
account may be terminated by us immediately by giving
written notice to you using the contact details you gave to
us on registration.
10.3 - You are entitled to terminate your account with us at
any time by notifying us through the appropriate account
management screens. If you terminate your account, please
note that Your Content published on our Website will still
be visible to others on the Website, and we may continue to
display Your Content on the Website unless you request us to
remove it in writing in which case clause 8.6 will apply.
10.4 - We may withdraw your access to the Website and/or
your account at any time and for any reason and we will not
be liable for any resulting loss of damage to the fullest
extent permissible in law.
11 INTELLECTUAL PROPERTY RIGHTS
11.1
Our Website and all information, images, photographs and
other content displayed on the Website (“Material(s)”) are
protected by certain rights. These rights include all
patents, rights to inventions, copyright and related rights,
moral rights, trademarks and service marks, business names
and domain names, goodwill and the right to sue for passing
off or unfair competition, rights in designs and all other
intellectual property rights, in each case whether
registered or unregistered (“Rights”). These Rights either
belong directly to Manu BeWater or are licensed to us from
their respective owners or licensors.
11.2 - You may only view, print out and use the Website and
the Materials for your own personal, non-commercial use. We
expressly reserve all Rights in and to the Website and the
Materials and your use of the Website and Materials is
subject to the following restrictions. You must not:
a. remove any copyright or other proprietary notices
contained in the Materials;
b. use any Materials from our Website in any manner that may
infringe any of our Rights or the Rights of a third party;
or
c. reproduce, modify, display, perform, publish, distribute,
disseminate, broadcast, frame, communicate to the public or
circulate to any third party or exploit our Website and/or
the Materials in any way, including for any commercial
purpose, without our prior written consent.
11.3
Any use of the Website or the Materials in a manner not
expressly permitted by these General Terms may constitute an
infringement of our Rights or the Rights of our Licensors.
We and our Licensors reserve the right to exercise all
rights and remedies available in respect of any infringement
of Rights in the Website or the Materials accessible on it.
12 TRADEMARKS
12.1 - We reserve all Rights in and to the
www.manubewater.com domain name and all related domains and
sub-domains, the name “Manu BeWater”, our logo and our
service marks, brand names, trading names and/or trademarks
appearing on the Website. Other trademarks, products and
company names mentioned on the Website may be the trademarks
of their respective owners or licensors and the Rights in
such marks are reserved to their respective owners or
licensors.
12.2
Nothing in these General Terms should be construed as
granting any licence or right to use any such trademark or
domain name.
13 RELIANCE ON THE INFORMATION ON OUR WEBSITE
13.1 - The information published on our Website is for
general information purposes only and therefore you should
not rely on it and we expressly exclude any liability for
any loss or damage arising from your reliance on any
information available on our Website to the fullest extent
permissible by law.
13.2 - We recommend that you take further advice or guidance
before taking any action based on the information contained
on or generated by our Website. Our customer services
department can be contacted using the details that appear at
the end of these General Terms should you require any
further assistance in this respect.
14 OUR LIABILITY TO YOU
14.1 - We are only liable to you in connection with your use
of our Website for losses which you suffer as a direct
result of our breach of these General Terms. We shall not be
liable for any indirect, special, incidental or
consequential damage or loss or for any business losses that
you may incur, including but not limited to lost data, lost
profits or business interruption.
14.2 - Manu BeWater is not liable for any Materials posted
by other users and which are available on the Website. In
the event that you believe such Materials infringe any
Rights, or are illegal, then you should use the
functionality on the Website to flag such Materials so that
we may investigate.
14.3 - Manu BeWater shall not be liable under these General
Terms for any experience advertised and provided by a third
party experience management partner on the Experiences
Website. Liability for such experiences shall be in
accordance with the terms and conditions applicable to each
such experience.
14.4 - We do not exclude our liability (if any) to you for:
a. Personal injury or death resulting from our negligence;
b. Fraud or Fraudulent misrepresentation; or
c. Any matter for which it would be illegal for us to
exclude or to attempt to exclude our liability.
15 YOUR LIABILITY TO US
15.1 - You acknowledge that any use by you of the Materials
in a manner not expressly permitted by these General Terms
may mean that you are infringing our Rights or the Rights of
our third party licensors and we and our licensors reserve
all rights and remedies against you in respect of any such
infringement.
15.2 - You hereby agree to compensate Manu BeWater, its
group companies, its clients, associates and affiliates from
and against any loss, cost, damage, expense or liability
they may suffer as a result of:
a. your breach of these General Terms; and/or
b. your use of the Materials; and/or
c. of any of Your Content
16 LINKING TO OUR WEBSITE
16.1 - You may link to any page of our Website, for non
commercial purposes provided that you do so in a way that is
fair and legal and which does not damage our reputation or
take advantage of it.
16.2 - You must not link to our Website in such a way as to
suggest any form of association, approval or endorsement on
our part where none exists.
16.3 - You must not remove, obscure or modify in anyway any
advertisements, copyright notice, or other information on
our Website. Our Website must not be framed on any other
site.
16.4 - If you would like to link to our Website for
commercial purposes or any purpose not included above,
please contact us using the details below.
16.5 - We reserve the right to withdraw linking permission
at any time and without notice.
17 THIRD PARTY WEBSITES
17.1 - Our Website and/or the Materials may contain links to
third party websites. If you decide to visit any third party
site, you do so at your own risk. We are not responsible for
the content, accuracy or opinions expressed on such
websites. Links do not imply that we are, or our Website is,
affiliated to or associated with such sites.
17.2 - Your browsing and interaction on any other website,
including websites which have a link to our Website, is
subject to that website’s own rules and policies. Please
read those rules and policies before proceeding.
18 ENQUIRIES AND COMPLAINTS
18.1 - If you have an enquiry or complaint about this
Website, you should contact our customer services department
at Customer Services, Manu BeWater at info@manubewater.com
and we will try to answer your enquiry or resolve any
complaint as soon as possible.
19 GENERAL PROVISIONS & APPLICABLE LAW
19.1 - You may not assign, sub-license or otherwise transfer
any of your rights under these General Terms.
19.2 - If any provision of these General Terms is found to
be invalid for any reason, the invalidity of that provision
will not affect the remaining provisions of these General
Terms, which shall remain in full force and effect.
19.3 - Failure by either of us to exercise any right or
remedy under these General Terms does not constitute a
waiver of that right or remedy.