1.1. These terms and conditions shall govern your use of our website.
1.2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
Please find below information about our website terms and conditions of use. This document should be read in conjunction with the following documents:
Last updated: 11 November 2020
2.1. Where displayed on an individual web page, copyright (c) 2020 Judd & Judd Ltd.
2.2. For any content submitted to us for publication on our website, you must ensure that you own the copyright, or have obtained express permission from the copyright owner. This includes all content submitted by you for our directory listings and feature articles.
3.1. You may:
- view pages from our website in a web browser;
- download pages from our website for caching in a web browser;
- print pages from our website;
- stream audio and video files from our website; and
- use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.3. Unless you own or control the relevant rights in the material, you must not, without our consent:
- republish material from our website (including republication on another website);
- sell, rent or sub-license material from our website;
- show any material from our website in public;
- exploit material from our website for a commercial purpose; or
- redistribute material from our website.
3.4. Notwithstanding Section 3.3, you may redistribute our content in electronic form via our social media buttons, where this is enabled.
3.5. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4.1. You must not:
- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
- violate the directives set out in the robots.txt file for our website; or
- use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2. You must ensure that all the information you supply to us through our website, or in relation to our website, or for publication on our website, is true, accurate, current, complete and non-misleading. This includes all content submitted for our directory listings and feature articles, as well as advertising and promotional material.
4.3. View our full Acceptable Use policy.
5.1. In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, promotional material and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
5.2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt and publish your content on and in relation to this website and any successor website, as well as translate and distribute your content in any existing or future media.
5.3. You grant to us the right to sub-license the rights licensed under Section 5.2.
5.4. You grant to us the right to bring an action for infringement of the rights licensed under Section 5.2.
5.5. You may edit your content at any time by contacting firstname.lastname@example.org.
5.6. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
5.7. In addition to Section 5.6, we reserve the right to remove any content at any time without explanation.
6.1. You warrant and represent that your content will comply with these terms and conditions.
6.2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
6.3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- be untrue, false, inaccurate or misleading;
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss (including financial) or damage;
- constitute spam;
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
6.4. You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
6.5. You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
6.6. You must ensure that you review regularly (at least annually) any content submitted by you and published on our website, without prompting from us.
7.1. If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
7.2. You can let us know about any such material or activity by email using email@example.com.
8.1. We do not warrant or represent:
- the completeness or accuracy of the information published on our website;
- that the material on the website is up to date; or
- that the website or any service on the website or any service of third parties linked to from our website will remain available.
8.2. Where information has been supplied by third parties, you are reminded to contact the third party concerned to confirm information is accurate, up to date and complete before acting upon it. We accept no liability for any of your decisions and/or actions which are based on information published on our website, nor for any costs incurred as a result.
8.3. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
8.4. To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
9.1. Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law.
9.2. The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
- are subject to Section 9.1; and
- govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
9.4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10.1. You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
11.1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- send you one or more formal warnings;
- temporarily suspend your access to our website;
- permanently prohibit you from accessing our website;
- block computers using your IP address from accessing our website;
- contact any or all of your internet service providers and request that they block your access to our website; and/or
- commence legal action against you, whether for breach of contract or otherwise.
11.2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
12.1. Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
12.2. We have no control over third party websites and their contents, and subject to Section 9.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
13.1. Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
13.2. The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
14.1. From time to time we may run competitions, free prize draws, surveys and/or other promotions on our website.
14.2. Competitions and surveys will be subject to separate terms and conditions (which we will make available to you as appropriate).
15.1. We may revise these terms and conditions from time to time.
15.2. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
16.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
16.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18.1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
19.1. Subject to Section 9.1, these terms and conditions, together with:
- our privacy and cookies policy,
- acceptable use policy,
- display advertising terms and conditions, and
- book order terms and conditions
shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
20.1. These terms and conditions shall be governed by and construed in accordance with English law.
20.2. Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
21.1. The MBR Site (www.thembrsite.com) is owned and operated by Judd and Judd Ltd.
21.2. We are registered in England and Wales under registration number 8082403, and our registered office is at Suite 2, Douglas House, 32−34 Simpson Road, Fenny Stratford, Buckinghamshire, MK1 1BA, United Kingdom.
21.3. You can contact us by email, using firstname.lastname@example.org.