These terms and conditions detail how the Miuniverse® website (the "Website") and the Miuniverse® App (the "App") can be used. If you use the Website or our App you agree to be bound by these terms and conditions
- DefinitionsIn these terms and conditions, "we" and "us" mean E Touch Solutions Limited (company number 07501810).
- Access and using our Website and AppAccess to our Website and/or App is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website and App without notice (see below). We will not be liable if for any reason our Website and/or App is unavailable at any time or for any period or if at any time any functionality of our App is restricted or impaired.
From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.
- Your use of our Website and AppYou may use our Website and App only for lawful purposes.
You may not use our Website and App:
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- In any way that breaches any applicable local, national or international law or regulation.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Reliance on Information Posted
- Not to access without authority, interfere with, damage or disrupt:
- Any part of our Website and/or App;
- Any software used in the provision of our Website and/or App;
- Any equipment or network or software owned or used by any third party.
Commentary and other materials posted on our Website and information provided to you via your use of our App are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website or users of our App, or by anyone who may be informed of any of its contents.Intellectual Property
All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, and any combination thereof) available on the Website (the “Content”), is either owned or licenced by E Touch Solutions Limited and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.Amendments to our Website and App.
We update our Website regularly, and may change the functionality or content of the App or the content of our Website at any time. If the need arises, we may suspend access to our Website and/or App, or close it indefinitely. Any of the material on our Website and/or App may be out of date at any given time, and we are under no obligation to update such material.Data submitted by you.
You must not misuse our Website or App by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website, or any server, computer or database on which data collected through your use of our App is stored. You must not attack our Website via a denial- of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and our App will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or App or to your downloading of any material posted on it, or on any website linked to it.Links to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our Website other than that set out above, please address your request to email@example.comRestrictions on sites that can link to our website
You may not link to our website from any site that contains material that is libellous, defamatory, pornographic, obscene, in any way a breach of the laws of England and Wales, or infringes any third party intellectual property rights.Removal of links
You must remove your links to our website immediately, if we request you to do so.Links from our Website or App
Where our Website and/or App contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.Suspension and Termination
- Immediate, temporary or permanent withdrawal of your right to use our Website and/or App;
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal action against you;
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Miuniverse® is a registered trade mark of E Touch Solutions Limited. The Miuniverse® trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our, Website or App, whether registered or not (the “Trade Marks”), are and remain the exclusive property of E Touch Solutions Limited, and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.Jurisdiction and Applicable Law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website and your use of our App although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
Nothing within the Website or the App is, or shall be deemed to constitute, financial or other advice or a recommendation to purchase any product or service. Any and all information provided within the Website or the App is for general information purposes only.Exclusions of liability
We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Website or App will be fault free and we do not accept liability for any errors or omissions. We do not monitor, verify or endorse information submitted by us or third party providers for inclusion on the Website or App and you should be aware that such information may be inaccurate, incomplete or out of date. We do not give any warranty that the Website or App is free from viruses or anything else which may have a harmful effect on any technology. Due to the nature of electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to access the Website or the App or from any use of the Website or the App or reliance on the data transmitted using the Website or the App, is excluded to the fullest extent permissible by law. Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or for our fraud. Subject to the liability which we accept above: (a) our aggregate liability to you arising out of or in connection with this agreement or use of the Website shall not exceed £100; and (b) we shall not be liable in contract, tort or otherwise howsoever arising out of or in connection with this agreement or use of the Website or the App for any indirect loss *, consequential loss, loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation. * For losses that were not foreseeable to both parties when the contract was made * For losses that were not caused by any breach on part of the supplier * For business losses and/or losses to non consumers. This Section does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any).Variations
If you have any concerns about material which appears on our Website or App, please firstname.lastname@example.orgAssignment, Subcontracting etc.
We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.Events beyond our reasonable control.
We shall not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.Severance
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.Payment
Use of the Miuniverse® website is currently free. However, E Touch Solutions Limited reserves the right to charge the Customer for certain services or impose charges for use of services that were free. The Customer will be clearly notified of any applicable charges before any such services can be selected or before any charges are levied. The Customer shall be responsible for transmitting all payments due to Suppliers on the terms agreed with the relevant Supplier. E Touch Solutions Limited shall have no responsibility for transmission of payments to a Supplier.Entire Agreement
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract. We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“Representations”) of any person (whether a party to that contract or not) other than as expressly set out in these Terms. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.Complaints
Our aim is at all times to provide you with an excellent service. However, if you are unhappy with our service for any reason, please contact via email at email@example.com
. We will acknowledge receipt of your complaint, in writing, within 5 business days and we will inform you of the name or job title of the individual handling the complaint (together with details of our complaint handling process). We may combine the acknowledgement of the complaint with our final response, but in any event we aim to resolve complaints at the earliest opportunity.Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section does not affect your statutory rights.Contracts (Rights of Third Parties) Act 1999
The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms such that no third party may claim any rights under these Terms.