Types of data we collect
Our website does not store any information that would, on its own, allow us to identify individual users of this service without their permission. Any cookies that may be used by this website are used either solely on a per session basis or to maintain user preferences. Cookies are not shared with any third parties.
As part of the registration process for our newsletter, we collect personal information. We use that information for a couple of reasons: to tell you about things you’ve asked us to tell you about; to contact you if we need to obtain or provide additional information; to check our records are right and to check every now and then that you’re happy and satisfied to stay on the mailing list. We don’t rent or trade email lists with other organisations and businesses.
We send our newsletter from our own server using an SMTP mailing service. We gather statistics around email opening and clicks using industry standard technologies to help us monitor and improve our newsletter. You can unsubscribe from general mailings at any time of the day or night by clicking the unsubscribe link at the bottom of any of our emails.
Access to your personal information
You are entitled to view, amend, or delete the personal information that we hold. Email your request to our data protection officer using our contact form or emailing firstname.lastname@example.org. If you are a registered member you can log in and amend your details here.
This is the privacy notice of BEHINDTHENOISE.CO.UK. In this document, “we”, “our”, or “us” refer to BEHINDTHENOISE.CO.UK. Behind The Noise (Doghouse Studios Ltd), c/o The Doghouse, Suite 4/1, 5 St. Vincent’s Place, Glasgow, G1 3BJ
- This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.
- We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.
- We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.
- We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
- Our policy complies with UK law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR).
- The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at knowyourprivacyrights.org
- Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
The basis on which we process information about you
The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.
If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.
If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
1. Information we process because we have a contractual obligation with you
When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.
In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
We may use it in order to:
- verify your identity for security purposes
- sell products to you
- provide you with our services
- provide you with suggestions and advice on products, services and how to obtain the most from using our website
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
2. Information we process with your consent
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal information.
Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.
Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.
If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.
We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by instructing us using our contact form or emailing us at email@example.com . However, if you do so, you may not be able to use our website or our services further.
3. Information we process for the purposes of legitimate interests
We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.
Where we process your information on this basis, we do after having given careful consideration to:
- whether the same objective could be achieved through other means
- whether processing (or not processing) might cause you harm
- whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
For example, we may process your data on this basis for the purposes of:
- record-keeping for the proper and necessary administration of our organisation and business
- responding to unsolicited communication from you to which we believe you would expect a response
- protecting and asserting the legal rights of any party
- insuring against or obtaining professional advice that is required to manage organisational or business risk
- protecting your interests where we believe we have a duty to do so
4. Information we process because we have a legal obligation
We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.
For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
This may include your personal information.
5. Sending a message to our support team
When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.
We record your request and our reply in order to increase the efficiency of our business & organisation.
We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.
When we receive a complaint, we record all the information you have given to us.
We use that information to resolve your complaint.
If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
Use of information we collect through automated systems when you visit our website
Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.
Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.
Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
- to track how you use our website
- to record whether you have seen specific messages we display on our website
- to keep you signed in our site
- to record your answers to surveys and questionnaires on our site while you complete them
- to record the conversation thread during a live chat with our support team
8. Personal identifiers from your browsing activity
Requests by your web browser to our servers for web pages and other content on our website are recorded.
We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.
If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.
Disclosure and sharing of your information
9. Information we obtain from third parties
Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use.
No such information is personally identifiable to you.
10. Data may be processed outside the European Union
Our websites are hosted in the United Kingdom.
We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business.
Accordingly data obtained within the UK or any other country could be processed outside the European Union.
For example, some of the software our website uses may have been developed in the United States of America or in Australia.
We use the following safeguards with respect to data transferred outside the European Union:
- the processor is within the same corporate group as our business or organisation and abides by the same binding corporate rules regarding data processing.
- the data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority in the European Union [, specifically that in the country of …]
- we comply with a code of conduct approved by a supervisory authority in the European Union [, specifically that in the country of …]
- we are certified under an approved certification mechanism as provided for in the GDPR
- both our organisation and the processor are public authorities between whom there is either a legally binding agreement or administrative arrangements approved by a supervisory authority in the European Union relating to protection of your information
Access to your own information
11. Access to your personal information
- At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our website.
- To obtain a copy of any information that is not provided on our website you may send us a request using our contact form or emailing us at firstname.lastname@example.org .
- After receiving the request, we will tell you when we expect to provide you with the information.
12. Removal of your information
This may limit the service we can provide to you.
13. Verification of your information
When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
14. Use of site by children
- We do not sell products or provide services for purchase by children, nor do we market to children.
- If you are under 18, you may use our website only with consent from a parent or guardian
- We collect data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children.
- Such child users and visitors will inevitably visit other parts of the site and will be subject to whatever on-site marketing they find, wherever they visit.
15. Encryption of data sent between us
We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.
Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.
16. How you can complain
- If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
- If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner’s Office. This can be done at https://ico.org.uk/concerns/
17. Retention period for personal data
Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:
- to provide you with the services you have requested;
- to comply with other law, including for the period demanded by our tax authorities;
- to support a claim or defence in court.
18. Compliance with the law
However, ultimately it is your choice as to whether you wish to use our website.
We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.
20. Information Security
Unfortunately, the transmission of information via online or mobile networks and the online storage of information online is not completely secure. In fact no website is ever completely secure. As such you must acknowledge and accept that others may intercept any personal information you provide to us, and that any such transmission is at your own risk.
Never set a password on this site that you use elsewhere. Consider also using a less important email address if you have one. Only give information that you are happy to give.
Detailed Terms and Conditions
These terms and conditions are the contract between you and BEHINDTHENOISE.CO.UK (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
We are Behind The Noise (Doghouse Studios Ltd), c/o The Doghouse, Suite 4/1, 5 St. Vincent’s Place, Glasgow, G1 3BJ, a company registered in the United Kingdom.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
These are the agreed terms
|means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
|means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
|means any service we provide, whether through Our Website or otherwise. It includes the membership service we provide as set out on Our Website and in this contract.
|means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
|means all of the services available from Our Website, whether free or charged.
|means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the Behind The Noise group of companies. It includes all web pages controlled by us.
2. Our contract
- 2.1 These terms and conditions regulate the business relationship between you and us. By buying BEHINDTHENOISE.CO.UK Membership or using Our Website free of charge, you agree to be bound by them.
- 2.2 We do not offer the Services in all countries. We may refuse to provide the Services if you live in a country we do not serve.
- 2.3 In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
- 2.4 Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time.
- 2.5 Our contract with you and licence to you last for one year from the date of start / payment. Any continuation by us or by you after the expiry of one year is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
- 2.6 The contract between us comes into existence when we receive payment from you for a Service.
- 2.7 The contract between us comes into existence only when we write to you to confirm that we agree to provide to you the Service you want. Your payment does not create a contract. If we decline to provide a Service we shall immediately return your money to your credit card.
- 2.8 If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
- 2.9 We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.
3. Your account and personal information
- 3.1 When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- 3.2 You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
- 3.3 You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
4. BEHINDTHENOISE.CO.UK Membership
- 4.1 Our basic Service is free of charge. You may use it subject to your compliance with the terms of this agreement.
- 4.2 Details of the cost and benefits of BEHINDTHENOISE.CO.UK Membership are as set out on Our Website. You may subscribe to BEHINDTHENOISE.CO.UK Membership Services at any time.
- 4.3 If you subscribe to BEHINDTHENOISE.CO.UK Membership as a Consumer, the law provides that you can opt out of your right to the 14 day cancellation period. Of course, we will not accept your subscription request unless you agree to lose your cancellation right.
- 4.4 You do this by instructing us to allow subscription immediately, or as soon as we can. If you do that, we will give you BEHINDTHENOISE.CO.UK Membership immediately and you lose your right to cancel your order.
- 4.5 By accepting these terms, you now agree that you are instructing us to give you BEHINDTHENOISE.CO.UK Membership immediately and you understand that, in doing so, you lose your right to cancel your order within 14 days.
- 4.6 If you give up your right to cancel, that will apply to any renewal of your BEHINDTHENOISE.CO.UK Membership at any time from now.
- 4.7 Apart from your cancellation right, termination of BEHINDTHENOISE.CO.UK Membership will be regulated by this contract set out in paragraph 14 below.
- 4.8 You may not transfer your BEHINDTHENOISE.CO.UK Membership to any other person.
- 4.9 We reserve the right to modify the BEHINDTHENOISE.CO.UK Membership rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the BEHINDTHENOISE.CO.UK Membership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on Our Website on the day you join as a member.
- 5.1 The price payable for Services that you order is clearly set out on Our Website.
- 5.2 The price charged for any Service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
- 5.3 Prices are inclusive of any applicable value added tax or other sales tax.
- 5.4 Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
- 5.5 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
- 5.6 You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
- 5.7 If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.
6. Renewal payments
- 6.1 At least four weeks before expiry of the period, for which you have paid, we shall send you a message to your last known email address to tell you that your BEHINDTHENOISE.CO.UK Membership and licence to use the Services is shortly to expire and to invite you to renew. An invoice for the new period will be included.
- 6.2 At any time before expiry of your BEHINDTHENOISE.CO.UK Membership, you may use the “Your Details” tab on Our Website to access your personal information and you can change your requirements for Services or cancel renewal by using our contact form or by emailing us at email@example.com.
- 6.3 At expiry of your BEHINDTHENOISE.CO.UK Membership we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your BEHINDTHENOISE.CO.UK Membership for a further period by sending you an email message.
- 6.4 Subject to last previous sub-paragraph, you may cancel BEHINDTHENOISE.CO.UK Membership within 14 days after the day we confirm the renewal of your BEHINDTHENOISE.CO.UK Membership. If you do so we will refund your Membership cost within [14 days] of receipt of this request.
- 6.5 Other than the limitation set out above BEHINDTHENOISE.CO.UK Membership is non-refundable and non-transferable.
7. Security of your credit card
We take care to make Our Website safe for you to use.
- 7.1 Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
- 7.2 If you have asked us to remember your credit card details for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
8. Restrictions on what you may Post to Our Website
- 8.1 We may, at our discretion, read, assess, review or moderate any Content Posted on Our Website. If we do, we need not to notify you or give you a reason.
- 8.2 You agree that you will not use or allow anyone else to use Our Website to Post a Content which is or may:
- 8.2.1 be malicious or defamatory;
- 8.2.2 consist in commercial audio, video or music files;
- 8.2.3 be obscene, offensive, threatening or violent;
- 8.2.4 be sexually explicit or pornographic;
- 8.2.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- 8.2.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- 8.2.7 solicit passwords or personal information from anyone;
- 8.2.8 be used to sell any goods or services or for any other commercial use;
- 8.2.9 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- 8.2.10 link to any of the material specified above, in this paragraph.
- 8.2.11 Post excessive or repeated off-topic messages to any forum or group;
- 8.2.12 sending age-inappropriate communications or Content to anyone under the age of .
9. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- 9.1 hyperlinks, other than those specifically authorized by us;
- 9.2 keywords or words repeated, which are irrelevant to the Content Posted.
- 9.3 the name, logo or trademark of any organisation other than that of you or your client.
- 9.4 inaccurate, false, or misleading information.
10. How we handle your Content
- 10.2 If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control over who sees it or what anyone does with it.
- 10.3 Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
- 10.4 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
- 10.5 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
- 10.6 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
- 10.7 Please notify us of any security breach or unauthorised use of your account.
11. Removal of offensive Content
- 11.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- 11.2 We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- 11.3 If you are offended by any Content, the following procedure applies:
- 11.3.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email;
- 11.3.2 we shall remove the offending Content as soon as we are reasonably able;
- 11.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- 11.3.4 we may re-instate the Content about which you have complained or not.
- 11.4 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- 11.5 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
12. Security of Our Website
- 12.1 If you violate Our Website, we shall take legal action against you.
- 12.2 You now agree that you will not, and will not allow any other person to:
- 12.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- 12.2.2 link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
- 12.2.3 download any part of Our Website, without our express written consent;
- 12.2.4 collect or use any product listings, descriptions, or prices;
- 12.2.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- 12.2.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
- 12.2.7 share with a third party any login credentials to Our Website.
- 12.3 Despite the above terms, we now grant a licence to you to:
- 12.3.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- 12.3.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
13. Disclaimers and limitation of liability
- 13.1 The law differs from one country to another. This paragraph applies to sales throughout the EU.
- 13.2 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
- 13.3 We make no representation or warranty that the Services will be:
- 13.3.1 useful to you;
- 13.3.2 of satisfactory quality;
- 13.3.3 fit for a particular purpose;
- 13.3.4 available or accessible, without interruption, or without error;
- 13.4 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
- 13.5 You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
- 13.6 We shall not be liable to you for any loss or expense which is:
- 13.6.1 indirect or consequential loss; or
- 13.6.2 economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
- 13.7 This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.
- 13.8 If you become aware of any breach of any term of this agreement by any person, please tell us using our contact form or by emailing us at firstname.lastname@example.org We welcome your input [but do not guarantee to agree with your judgement.]
Non EU consumers:
- 13.9 The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- 13.10 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
- 13.11 We make no representation or warranty that the Services will be:
- 13.11.1 useful to you;
- 13.11.2 of satisfactory quality;
- 13.11.3 fit for a particular purpose;
- 13.11.4 available or accessible, without interruption, or without error.
- 13.12 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
- 13.13 We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
- 13.14 We make no representation or warranty and accept no responsibility in law for:
- 13.14.1 accuracy of any Content or the impression or effect it gives;
- 13.14.2 delivery of Content, material or any message;
- 13.14.3 privacy of any transmission;
- 13.14.4 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
- 13.14.5 any aspect or characteristic of any goods or services advertised on Our Website;
- 13.15 Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
- 13.16 We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
- 13.17 You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
- 13.18 Our total liability under this agreement, however it arises, shall not exceed the sum of £ [10,000]. This applies whether your case is based on contract, tort or any other basis in law.
- 13.19 This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017.
- 13.20 If you become aware of any breach of any term of this agreement by any person, please tell us by [state action required]. We welcome your input [but do not guarantee to agree with your judgement.]
- 13.21 Nothing in this agreement excludes liability for a party’s fraud.
14. Duration and termination
- 14.1 This agreement shall operate for the period for which you have subscribed to BEHINDTHENOISE.CO.UK Membership Service.
- 14.2 You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on the Our Website and submitting it. We reserve the right to check the validity of any request to terminate membership.OR
- 14.3 We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
- 14.4 Termination by either party shall have the following effects:
- 14.4.1 your right to use the Services immediately ceases;
- 14.4.2 we are under no obligation to forward any unread or unsent messages to you or any third party.
- 14.5 In the event of such termination by us, we will within seven days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed.
- 14.6 There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.
- 14.7 We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
15. Storage of data
- 15.1 We assume no responsibility for the deletion or failure to store or deliver email or other messages.
- 15.2 We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
- 15.3 You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
16. Interruption to Services
- 16.1 If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
- 16.1 You acknowledge that the Services may also be interrupted for many reasons beyond our control.
- 16.1 You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
- 17.1 any act, neglect or default of yours in connection with this agreement or your use of the Services;
- 17.2 your breach of this agreement;
- 17.3 your failure to comply with any law;
- 17.4 a contractual claim arising from your use of the Services.
18. Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
- 18.1 If you are not happy with our services or have any complaint then you must tell us by email message to email@example.com or an updated address which you will find on Our Website. You can also use our contact form.
- 18.2 Detailed information about our complaint handling procedure is available on request using our contact form.
- 18.3 If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration.
- 18.4 We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
19. Miscellaneous matters
- 19.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- 19.2 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- 19.3 If you are in breach of any term of this agreement, we may:
- 19.3.1 terminate your account and refuse access to Our Website;
- 19.3.2 remove or edit Content, or cancel any order at our discretion;
- 19.3.3 issue a claim in any court.
- 19.4 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
- 19.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- 19.6 Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery.
- It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- It shall be deemed to have been delivered:
- 19.7 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
- 19.8 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, [including any labour dispute between a party and its employees].
- 19.9 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.