Introduction
1.1 These terms and conditions shall govern your subscriptions on 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.
1.3 If you register with our website, submit any material to our website or use any
of our website services, we will ask you to expressly agree to these terms and
conditions.
1.4 You must be at least 18 years of age to use our website; by using our website
or agreeing to these terms and conditions, you warrant and represent to us
that you are at least 18 years of age.
Copyright notice
2.1 Copyright (c) 2022 Polarize Ltd..
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and
other intellectual property rights in our website and the material on our
website; and
(b) all the copyright and other intellectual property rights in our website
and the material on our website are reserved.
Permission to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website, providing that such printing is not
systematic or excessive;
(d) stream audio and video files from our website using the media player on
our website; and
(e) 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 Section 3.1 or the other provisions of these
terms and conditions, you must not download any material from our website
or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes;
you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not
edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another
website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and
electronic form to any person.
3.7 We reserve the right to suspend or restrict access to our website, to areas of
our website and/or to functionality upon our website. We may, for example,
suspend access to the website during server maintenance or when we update
the website. You must not circumvent or bypass, or attempt to circumvent or
bypass, any access restriction measures on the website.
Misuse of website
4.1 You must not:
(a) 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, accessibility, integrity or security of the website;
(b) 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;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our
permission;
(e) circumvent any authentication or security systems or processes on or
relating to our website;
(f) 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;
(g) impose an unreasonably large load on our website resources (including
bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website
without our permission;
(i) 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;
(j) access or otherwise interact with our website using any robot, spider or
other automated means, except for the purpose of search engine
indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity
(including without limitation email marketing, SMS marketing,
telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
4.2 You must not use data collected from our website to contact individuals,
companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website,
or in relation to our website, is true, accurate, current, complete and nonmisleading.
Use on behalf of organisation
5.1 If you use our website or expressly agree to these terms and conditions in the
course of a business or other organisational project, then by so doing you bind
both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or
organisational project,
to these terms and conditions, and in these circumstances references to “you”
in these terms and conditions are to both the individual user and the relevant
person, company or legal entity, unless the context requires otherwise.
Registration and accounts
6.1 To be eligible for an account on our website under this Section 6, you must be
resident or situated in the United Kingdom.
6.2 You may register for an account with our website by completing and
submitting the account registration form on our website, and clicking on the
verification link in the email that the website will send to you.
6.3 You must not allow any other person to use your account to access the
website.
6.4 You must notify us in writing immediately if you become aware of any
unauthorised use of your account.
6.5 You must not use any other person’s account to access the website.
User login details
7.1 If you register for an account with our website, we will provide you with a user
ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content
rules set out in Section 12; you must not use your account or user ID for or in
connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any
disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to
keep your password confidential, and may be held liable for any losses arising
out of such a failure.
Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation, providing that
if we cancel any services you have paid for and you have not breached these
terms and conditions, we will refund to you a pro rata amount of your
payment, such amount to be calculated by us using any reasonable
methodology.
8.2 You may cancel your account on our website using your account control panel
on the website. You will not be entitled to any refund if you cancel your
account in accordance with this Section 8.2.
Subscriptions
9.1 To become a subscriber to our website services, you must pay the applicable
subscription fees during the account registration procedure. We will send you
an acknowledgement of your order. If your order is accepted, we will send you
an order confirmation, at which point the contract between us for the supply
of the website services shall come into force.
9.2 You will have the opportunity to identify and correct input errors prior to
making your order.
9.3 For so long as your account and subscription remain active in accordance with
these terms and conditions, you will benefit from the features specified on our
website in relation to your subscription type.
9.4 We may from time to time vary the benefits associated with a subscription by
giving you written notice of the variation, providing that, if in our reasonable
opinion such a variation results in a substantial loss of value or functionality,
you shall have the right to cancel your subscription, and we will refund to you
any amounts paid to us in respect of any period of subscription after the date
of such cancellation.
9.5 At the end of any period of subscription for which you have paid, and subject
to the other provisions of these terms and conditions, your subscription will be
automatically renewed and you must pay to us the applicable subscription
fees, unless you cancel the subscription using the cancellation facility on our
website before the date of renewal.
Fees
10.1 The fees in respect of our website services will be as set out on the website
from time to time.
10.2 You must pay to us the fees in respect of our website services in advance, in
cleared funds, in accordance with any instructions on our website.
10.3 We may vary fees from time to time by posting new fees on our website, but
this will not affect fees for services that have been previously paid.
10.4 If you dispute any payment made to us, you must contact us immediately and
provide full details of your claim.
10.5 If you make an unjustified credit card, debit card or other charge-back then
you will be liable to pay us, within 7 days following the date of our written
request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back
(including charges made by our or your bank or payment processor or
card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the
amounts referred to in this Section 10.5 (including without limitation
legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the
source of an entry on your card statement or other financial statement, and
make a charge-back as a result, this will constitute an unjustified charge-back
for the purposes of this Section 10.5.
10.6 If you owe us any amount under or relating to these terms and conditions, we
may suspend or withdraw the provision of services to you.
10.7 We may at any time set off any amount that you owe to us against any
amount that we owe to you, by sending you written notice of the set-off.
Our rights to use your content
11.1 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 and files) that you submit to
us or our website for storage or publication on, processing by, or transmission
via, our website.
11.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to
use, reproduce, store, adapt, publish, translate and distribute your content in
any existing or future media.
11.3 You grant to us the right to sub-license the rights licensed under Section 11.2.
11.4 You grant to us the right to bring an action for infringement of the rights
licensed under Section 11.2.
11.5 You hereby waive all your moral rights in your content to the maximum extent
permitted by applicable law; and you warrant and represent that all other
moral rights in your content have been waived to the maximum extent
permitted by applicable law.
11.6 You may edit your content to the extent permitted using the editing
functionality made available on our website.
11.7 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.
Rules about your content
12.1 You warrant and represent that your content will comply with these terms and
conditions.
12.2 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).
12.3 Your content, and the use of your content by us in accordance with these
terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right,
design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data
protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the
commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) 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 or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing,
anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
Report abuse
13.1 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.
13.2 You can let us know about any such material or activity by email or using our
abuse reporting form.
Limited warranties
14.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our
website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
14.2 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.
14.3 To the maximum extent permitted by applicable law and subject to Section
15.1, we exclude all representations and warranties relating to the subject
matter of these terms and conditions, our website and the use of our website.
Limitations and exclusions of liability
15.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from
negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable
law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 The limitations and exclusions of liability set out in this Section 15 and
elsewhere in these terms and conditions:
(a) are subject to Section 15.1; and
(b) 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.
15.3 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.
15.4 We will not be liable to you in respect of any losses arising out of any event or
events beyond our reasonable control.
15.5 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.
15.6 We will not be liable to you in respect of any loss or corruption of any data,
database or software.
15.7 We will not be liable to you in respect of any special, indirect or consequential
loss or damage.
15.8 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).
Indemnity
16.1 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.
Breaches of these terms and conditions
17.1 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:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that
they block your access to our website;
(f) commence legal action against you, whether for breach of contract or
otherwise; and/or
(g) suspend or delete your account on our website.
17.2 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).
Third party websites
18.1 Our website includes hyperlinks to other websites owned and operated by
third parties; such hyperlinks are not recommendations.
18.2 We have no control over third party websites and their contents, and subject
to Section 15.1 we accept no responsibility for them or for any loss or damage
that may arise from your use of them.
Trade marks
19.1 Polarize and, 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.
19.2 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.
Variation
20.1 We may revise these terms and conditions from time to time.
20.2 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.
20.3 If you have given your express agreement to these terms and conditions, we
will ask for your express agreement to any revision of these terms and
conditions; and if you do not give your express agreement to the revised
terms and conditions within such period as we may specify, we will disable or
delete your account on the website, and you must stop using the website.
Assignment
21.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal
with our rights and/or obligations under these terms and conditions.
21.2 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.
Severability
22.1 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.
22.2 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.
Third party rights
23.1 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.
23.2 The exercise of the parties’ rights under a contract under these terms and
conditions is not subject to the consent of any third party.
Entire agreement
24.1 Subject to Section 15.1, these terms and conditions, together with our privacy
and cookies policy, 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.
Law and jurisdiction
25.1 These terms and conditions shall be governed by and construed in accordance
with English law.
25.2 Any disputes relating to these terms and conditions shall be subject to the
exclusive jurisdiction of the courts of England.
Statutory and regulatory disclosures
26.1 We will not file a copy of these terms and conditions specifically in relation to
each user or customer and, if we update these terms and conditions, the
version to which you originally agreed will no longer be available on our
website. We recommend that you consider saving a copy of these terms and
conditions for future reference.
26.2 These terms and conditions are available in the English language only.
26.3 We are registered in England and Wales; you can find the online version of the
register at https://find-and-update.companyinformation.service.gov.uk/company/12944077, and our registration number
is 12944077.
Our details
27.1 This website is owned and operated by Polarize Ltd.
27.2 We are registered in England and Wales under registration number 12944077,
and our registered office is at 20-22 Wenlock Road, London, England, N1 7GU.
27.3 You can contact us:
(a) using our website contact form; or
(b) by email, using the email address published on our website.
