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Site Terms of Use

2coves Technology Ltd. and its affiliates, provide access to the www.2coves.co.uk site (the “Site”) subject to these terms and conditions of use (the “Terms of Use”). The words “you” and “your” mean you, being any individual gaining access to, browsing or using the Site. Please read these Terms of Use carefully before using the Site: by accessing, browsing or using the Site, you signify your agreement to be bound by them.

If you make a purchase by means of the Site, the purchase will be subject to the applicable Terms and Conditions for the Sale of Products and Services.

1. Your Account

If you set up an account with 2coves, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should ensure that your password is kept confidential and secure and you should inform 2coves immediately if you have any reason to believe that your password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide to 2coves are correct and inform 2coves immediately of any changes to the information that you provided when registering. You can update the information you provided in the ‘Your Account’ area of the Site. 2coves reserves the right to refuse access to the Site, terminate accounts, remove or edit content at its discretion.

2. Privacy and Data Protection

Personal data obtained by 2coves shall be held and processed in accordance with all applicable laws and with 2cove's Privacy Policy. 2coves may share your personal data with other 2coves entities, agents, or subcontractors performing Services for 2coves. 2coves may also transfer your personal data to affiliated companies or agents or subcontractors performing Services for 2coves, which may be outside the European Economic Area, in which case 2coves will ensure adequate protection to safeguard your personal data. For details of 2cove's Privacy Practices, please see our Privacy Practices or contact us at privacy@2coves.co.uk. By using this site and, if applicable, providing 2coves with your personal data, you consent to the processing of your personal data in accordance with the above.

3. Site Content

2coves uses reasonable care to ensure that the information appearing on the Site is accurate and up-to-date. However, errors and omissions may occur and Site users should not take the accuracy of the information for granted, nor should they rely upon any of the Site content as a statement or representation of fact. 2coves has no control over the use to which the information may be put by the user. Accordingly, save for information posted on the Site by 2coves in reliance on which you have entered into a contract with 2coves, in respect of which clause 10.1 shall apply, 2coves shall not be liable for any loss of profits or contracts, or any indirect or consequential loss or damage arising out of or in connection with the use of such information. 2coves has not reviewed all of the sites linked to this Site and shall not be liable for their content. Users link to other sites at their own risk.

4. Access and License

4.1 2coves will seek to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. 2coves will seek to limit the frequency and duration of any such suspension or restriction. 2coves grants you a limited license to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of 2coves. This license does not include any resale or commercial use of the Site or its contents; any collection and/or use of any Product Descriptions, Service Descriptions, prices or any other Site information; any derivative use of the Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorised use of the Site shall terminate the license granted by 2coves.

4.3 Neither the Site nor any portion of it may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without 2coves’s express written consent.

5. Your Conduct

5.1 You agree that you will not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You are responsible for all electronic communications and content sent from your computer to 2coves and you must use the Site for lawful purposes only. You must not use the Site for any of the following:

• for fraudulent purposes, or in connection with or encouraging conduct that constitutes a criminal offence, results in civil liability or otherwise breaches relevant laws, regulations or codes of practice;

• to send, disseminate, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, harassing, obscene, menacing or otherwise objectionable; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam";

• to gain unauthorised access to other computer systems;

• to interfere with any other person’s use or enjoyment of the Site or to interfere with or disrupt networks or sites connected to from the Site;

• to breach any laws concerning the use of public telecommunications networks;

• to cause annoyance, inconvenience or needless anxiety; or

• to make, transmit or store electronic copies of materials on the Site protected by copyright, without the permission of the copyright owner.

5.2 You agree to indemnify 2coves against all losses, liabilities, costs and expenses reasonably suffered or incurred by 2coves, all damages awarded against 2coves under any judgment by a court of competent jurisdiction and all settlement sums paid by 2coves as a result of any settlement agreed by 2coves arising out of or in connection with:

• any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;

• any claim by any third party that the use of the Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and

• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.

6. Reviews, Comments, Communications and other Content

6.1 Users of the Site may, where applicable, post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to 2coves or to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. 2coves reserves the right (but is not obliged) to remove or edit any content or to refuse to post materials on the Site. If you post content or submit material, and unless 2coves indicates otherwise, you

• grant 2coves and its affiliates a non-exclusive, royalty-free and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media;

• grant 2coves and its affiliates and sub-licensees the right and option to use the name that you submit in connection with such content; and

• agree that any material or information transmitted to or posted to the Site will be treated as non-confidential and non-proprietary and may be disseminated or stored or used by 2coves or its affiliates for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products.

6.3 You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

6.4 You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to 2coves: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable 2coves policies or guidelines and will not cause wrongful injury to 2coves or to any person or entity (including that the content is not defamatory). You agree to indemnify 2coves and its affiliates for all claims brought by a third party against 2coves or its affiliates arising out of or in connection with a breach of these warranties.

7. Children

2coves does not sell products for purchase by children. If you are under 18, you may use the Site only with the involvement of a parent or guardian.

8. Electronic Communications

When you visit the Site or send an e-mail to 2coves, you are communicating with 2coves electronically. 2coves will communicate with you by e-mail or by posting notices on the Site. For contractual purposes, if you send an email to 2coves, you consent to receive communications, and (to the extent permissible in law) agreements and notices, from 2coves by email. You can at any time choose not to receive email promotional communications from 2coves by updating your preferences by contacting us.

9. Intellectual Property

9.1 Trademarks 2coves and 2coves Technology, the 2coves and 2coves Technology logo, 2coves Innovation, 2coves Rapid, 2coves Essence, 2coves Essential, 2coves Dolphin, 2coves Atlantic, 2coves Pacific, 2coves Swordfish, 2coves Investa, 2coves Premium, 2coves Aura, 2coves Optiplus, 2coves VidiaPlus, 2coves Ensure, 2coves Velodrome, 2coves Evolve are trademarks of 2coves Technology Ltd. and/or its affiliates. The trademarks and logos used and displayed on the Site (the “Trademarks”) may not be used in any advertising or other publicity materials whether in relation to the distribution of any information obtained from the Site or otherwise, without the prior written consent of the Trademark owner. The Trademarks may not be used in connection with any product or service that is not 2cove’s, in any manner that is likely to cause confusion or in any manner that disparages or discredits 2coves. You may not frame or use framing techniques to enclose any Trademark, logo, or other proprietary information (including images, text, page layout, or form) of 2coves Technology Ltd. and its affiliates without 2cove’s express written consent. You may not use any meta tags or any other "hidden text" utilising 2coves Technology Ltd. or its affiliates' names or trademarks without the express written consent of 2coves.

9.2 Copyright

Copyright in the material included on the Site is held by 2coves or by the original creator or author of the material. All Site content is protected by international copyright, authors’ rights and database rights laws. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of 2coves or the copyright owner. Permission is granted to display, copy, distribute and download the materials on the Site for personal, non-commercial use only, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission shall terminate automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not, without 2cove's permission, "mirror" any material contained on the Site on any other server.

10. Liability

10.1 If you enter into a contract with 2coves, the extent to which 2coves is liable under that contract will be specified in the applicable Terms and Conditions relating to that contract. In the event of any delay or failure by 2coves to perform any of its obligations arising under these Terms of Use, then, subject to clause 11.3, 2coves shall not be liable:

- if such delay or failure is caused by an event or events beyond 2cove’s reasonable control, such as for example and without limitation: third party strike action, terrorism, war, natural disasters, severe weather, or unforeseeable manufacturing or transport disruption affecting 2coves suppliers; or

- for loss which was not reasonably foreseeable by 2coves.

10.3 2coves does not seek to limit liability for death or personal injury resulting from its negligence, breach of duty, or wilful misconduct.

11. Waiver

If you breach these Terms of Use and 2coves takes no action, 2coves will still be entitled to use its rights and remedies in respect of that breach at a later date or in any other situation where you breach these Terms of Use.

12. Alteration of Service or Amendment to these Terms of Use

2coves reserves the right to make any changes to the Site, our policies and/or these Terms of Use at any time. You will be subject to the policies and Terms of Use in force at the time that you use the Site, unless any subsequent change to those policies or these Terms of Use is required to be given retrospective effect by law or government authority. Notification of any changes will be made via the Site. If you continue to use the Site after such notification has been given, your use signifies your agreement to be bound by the amended Terms of Use.

13. Law and Jurisdiction

13.1 2coves makes no commitment that the materials on the Site are appropriate or available for use in locations outside the United Kingdom, and accessing the Site from territories where it contents are illegal or unlawful is prohibited. Should you access the Site from locations outside the United Kingdom, you are responsible for compliance with local laws. These Terms of Use are governed by and shall be interpreted in accordance with the applicable laws of the United Kingdom.

13.2 If a contract of sale is entered into between you and 2coves, the applicable jurisdiction shall be determined by the terms of that contract. In the absence of any such contract, you and 2coves agree to submit to the exclusive jurisdiction of the courts of England and Wales, or if your main residence is in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland respectively.

13.3 If any part of these Terms of Use is found to be unenforceable by a court, the rest shall be unaffected.

14. Our details

The Site is owned and operated by 2coves Technology Ltd, a company registered in England and Wales. Company Registration Number: 07680412. Registered address: 2coves Technology Ltd. 3 Middle Walk, Duporth, St Austell, Cornwall PL26 6BB.



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