All services provided by 47 Links to the user are subject to the following Terms & Conditions of Marketing Commando Ltd (trading as 47 Links), a private limited company limited by shares (hereafter referred to as “47 Links” or “us” or “our” or “we”).
The user accepts these Terms and Conditions by using this website.
By acceptance of these Terms and Conditions you agree to, and undertake that:
- You have full authority and capacity to lawfully accept this terms & conditions;
- You are 18 years of age or over;
- You are legally capable of entering into this binding contract;
- If you are under 18, you may only use our Services in conjunction with, and under the supervision of, a parent or legal guardian;
- If you do not qualify or satisfy any of the above, you will immediately draw this to our attention at the outset;
By accepting these Terms and Conditions you warrant, guarantee and undertake:
- That all the details you provide to us are true, accurate, current and complete in all respects;
- To notify us immediately of any changes to the information provided on registration;
- That you are over 18 or if under 18 you have a parent or legal guardian’s permission to enter into this contract and accept these terms and/or register with us as our user in conjunction with and under their supervision;
- To only use the website or the platform for your business or for lawful purposes;
- To only use the website or the platform using your own username and password;
- To make every effort to keep your password safe;
- Not to disclose your password to anyone;
- To change your password immediately upon discovering that it has been compromised;
- To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them;
- You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity;
We reserve the right to terminate an agreement formed with you and to suspend or terminate your access to our platform if:
- You fail to make any payment to us when due;
- You breach these Conditions (repeatedly or otherwise);
- You are impersonating any other person or entity;
- When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
- We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity;
47 Links services may be used for lawful purposes only. Submission, transmission, or maintenance of any information or materials in violation of any UK and Welsh Common Law and Statute and/or regulations, is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene or offensive or racist. 47 Links reserves the right to refuse service to the user without providing reason or cause.
The user is solely responsible for maintaining the confidentiality of the user’s password and account information and ensuring the security, confidentiality and integrity of Content that is transmitted through or stored on 47 Links’ (or its third party service provider’s) platform.
The 47 Links services may not be used to engage in or promote illegal, abusive, or irresponsible behaviour, including: (a) unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (b) monitoring data or traffic on any network or system without the express authorization of the owner of the system or network; (c) interference with service to any user of the 47 Links services or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; (d) use of an Internet account or computer without the owner’s authorization; (e) collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting); (e) collecting or using information without the consent of the owner of the information; (f) use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting; (g) use of the 47 Links services to distribute software that covertly gathers information about a user or covertly transmits information about the user; (h) use of the 47 Links services for distribution of advertisement delivery software unless the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft’s “ad/remove” tool); or (i) any conduct that is likely to result in retaliation against 47 Links, or 47 Links’ employees, officers, agents, other 47 Links services users, including engaging in behaviour that results in any server being the target of a denial of service attack.
The 47 Links services may not be used to post, publish, transmit, distribute, or store (temporarily or permanently) any content (including but not limited to written media, audio works, video, Web content, email, bulletin board postings, chat, tweets, and any other type of posting or transmission that relies on the Internet) that: (a) constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts; (b) is excessively violent, incites violence, threatens violence, or contains harassing content or discriminatory or hate speech; (c) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (d) is defamatory or violates a person’s privacy; (e) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement; (f) improperly exposes trade secrets or other confidential or proprietary information of another person or organization; (g) is intended to assist others in defeating technical copyright protections; (h) infringes on or breaches the copyright, trade or service mark, patent, or other property right of any other person or organization; (i) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (j) is otherwise illegal or solicits conduct that is illegal under any law, regulation, ordinance, court order or other legal process that is applicable to the user or 47 Links; or (k) is otherwise malicious, fraudulent, or may result in retaliation against 47 Links by offended viewers or recipients, or is intended to harass or threaten.
The user warrants that it has the full right, power and authority to accept and perform this Terms & Conditions and has not entered into any arrangement which in any way conflicts with this Terms & Conditions or inhibits, restricts or impairs its ability to perform its obligations under this Terms & Conditions.
Except as expressly provided for in this Terms & Conditions, 47 Links expressly disclaims any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
These Terms & Conditions do not obligate 47 Links to monitor or review, and 47 Links hereby expressly disclaims any liability for, data or content of any type that may be transmitted through or stored on, temporarily or permanently, the 47 Links services.
The user agrees to indemnify and hold harmless 47 Links from any and all claims resulting from the user’s unlawful or improper use of 47 Links services which cause damage to the user or a third party. Each party shall indemnify and keep the other party fully and effectively indemnified on demand against any liability, damage, expenses, claims or cost (including reasonable legal costs and expenses) suffered by the other party as a result of any breach by the first party of the Warranties section.
To take the benefit of an indemnity, that party shall; (i) notify the other party promptly in writing and in any event within ten (10) business days of first learning of any such claim, lawsuit, action or proceeding; (ii) consent to the other party having the sole authority to control the defence and/or settlement of any such claim, lawsuit, action or proceeding; and (iii) provide reasonable co-operation and assistance to the other party, at that party’s expense, in defending any such claim, lawsuit, action or proceeding.
Limitation of liability
Save as provided in clauses of the Warranties section, 47 Links shall not be liable in contract, tort (including negligence) or otherwise arising in connection with this Terms & Conditions for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated saving) in each case, even if the relevant party has been advised of the possibility of such loss or damage and howsoever incurred.
To the maximum extent permitted by law, we will not be liable to the user in any way for: (i) any cost, loss of income, business or profits, or for any loss or damage; or (ii) any event that we cannot reasonably control and which would have been unavoidable (despite reasonable commercial efforts to prevent the event happening) or resulting from us complying with any relevant requirement under any law or regulation to which we are subject.
Nothing in this Terms & Conditions shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees acting in the course of their duties.
47 Links will not be liable for any failure or delay in performing its obligations under the Terms & Conditions to the extent that this failure or delay is the result of any cause or circumstance beyond the reasonable control of 47 Links including but not limited to acts of god, war, civil commotion or industrial dispute and that failure could not have been prevented or overcome by 47 Links acting reasonably and prudently.
The user accepts these Terms & Conditions by using this website. 47 Links reserves the right to change the Terms & Conditions.Governing law
These Terms & Conditions shall be governed by the laws of England and Wales, which shall claim venue and jurisdiction for any legal motion or claim arising from these Terms & Conditions.
If you have any questions or need further information as to the Site or Services provided by 47 Links, or need to notify 47 Links as to any matters relating to the Site or Services please contact 47 Links at:Legal DepartmentMarketing Commando Ltd171 Kingston RdTeddingtonTW11 9JPUK