Please read these terms and conditions carefully. They contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
1.1 Please read these terms and conditions carefully before using the website operated by Second Bounce Limited (a company registered in England and Wales, Company Number 06512645) ("Second Bounce", "our", "we" or "us"). In particular, we draw your attention to clauses 6 (Applicability of online materials) and 10 (Liability). By accessing and making use of the Second Bounce™ or other websites ("our websites") you agree to be legally bound by these terms and conditions as they may be modified and posted on our websites from time to time. These terms and conditions take effect from the date when you first access our websites.
1.2 Without prejudice to the above, by using or accessing our websites, you agree to be legally bound by these terms and conditions of use as they apply to your use of, or access to, our websites. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of our websites.
1.3 If you do not wish to be bound by these terms and conditions in full then you may not use our websites and you must leave our websites immediately.
2. Nature of our Websites
Our websites are a place for you to obtain information about Second Bounce and the products and services that we provide. We also provide online facilities for the ordering of the various products and services. Please note that our websites are available only to individuals that can form legally binding contracts under applicable law. You must be over 18 to use our websites. If you do not qualify, you must leave our websites immediately.
3. Modifications to Websites
3.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our websites or the content or services available through them, including your access to them. Unless explicitly stated to the contrary, any new features including new content shall be subject to these terms and conditions.
3.2 Please note that although we try to ensure that the content of our websites is accurate, they may contain typographical errors or other inaccuracies.
4. Information You Provide to Us
4.1 The following applies to any information you provide to us, including, but not limited to, any online registration:
- You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the products and services which are available through our websites by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our "Partner Companies").
4.3 You warrant and undertake that you will not use our websites for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use our websites terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our websites. You may not share these with or transfer them to any third parties. You must notify Second Bounce immediately of any unauthorised use of them or any other breach of security regarding our websites that comes to your attention.
6. Applicability of Online Materials
6.1 Unless otherwise specified all content and materials published on our websites are presented solely for your private, personal and non-commercial use.
6.2 Our websites are controlled and operated by us from various offices in England, with our principal point of contact being 30 Argyll Avenue, Chester CH4 8AL, England. Where content published on the websites is supplied by third parties, you understand that we do not control or endorse such content in any way. Any content which is offered by third parties is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content. You assume total responsibility and risk for your use of our websites and use of all information contained within them.
6.3 We have used our best endeavours to ensure that our websites comply with UK laws. However, we make no representations that the materials on our websites are appropriate or available for use in locations outside the UK. Those who visit our websites from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our websites and/or viewing of them, or use of any material or content in our websites or services, or products offered through our websites are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our websites and must leave our websites immediately.
7. Copyright and Monitoring
The contents of our websites, including all rights vested in the Second Bounce name and logo, are protected by international copyright laws and other intellectual property rights. The owner of these rights is Second Bounce, its affiliates or other third party licensors or contributors. All products and logos mentioned in our websites are the trade marks, service marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our websites including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.
8. Linked Sites
Second Bounce make no representations whatsoever about any other websites which you may access through our websites or which may link to our websites. When you access any other website you understand that it is independent from Second Bounce and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Second Bounce endorses or accepts any responsibility for the content, or the use of, such a website and Second Bounce shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
9. Availability of our Websites
We will try to make our websites available but cannot guarantee that our websites will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our websites and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
10.1 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products, our websites or any information or service provided through our websites.
10.2 We will do our best to ensure that all materials and information published on our websites are accurate, but please note that all content materials and information on our websites are provided on an 'as is' basis and you assume total responsibility and risk for your use of our websites and use of all information contained within it.
10.3 Subject to clause 10.4, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use of, performance of our websites or their contents, subject to clause 10.4, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of Second Bounce or our servants, agents or any other person or entity.
10.4 Any limitation on liability does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
10.5 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our websites and is compatible with our websites. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our websites will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
10.6 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
11.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
11.2 We may alter these terms and conditions from time to time and post the new version on our websites, following which all use of our websites will be governed by that version. You must check the terms and conditions on the websites regularly. We do not need to give you notice of any change to these terms and conditions and your continued use of our websites shall be deemed to be your acceptance of any changes that have been made.
11.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
11.5 These terms and conditions and your use of our websites are governed by English law and you submit to the non-exclusive jurisdiction of the English courts.
11.6 Except in respect of a payment obligation, neither you nor Second Bounce will be held liable for any failure to perform any obligation to the other due to causes beyond your or Second Bounce's respective reasonable control.
11.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.
11.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
12.1 All notices shall be given:
12.1.1 to us via e-mail at info(at)secondbounce.com or by post to 30 Argyll Avenue, Chester, CH4 8AL, England; or
12.1.2 to you at either the e-mail or postal address you provide during any registration process.
12.2 All notices shall, except where otherwise specifically provided, be in writing in the English language and may be:
12.2.1 sent by e-mail, in which case it shall be deemed to have been served when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt);
12.2.2 if within the United Kingdom, sent by first class pre-paid post, in which case it shall be deemed to have been given 3 days after the date of posting; or
12.2.3 if from or to any place outside the United Kingdom, sent by pre-paid priority airmail, in which case it shall be deemed to have been given seven Business Days after the date of posting.
These terms and conditions replace all other terms and conditions previously applicable to the use of our websites.