Terms and Conditions
- Introductory
- Our Site and Services
- Our Content and Marks
- Your Use of Our Site and Services
- User Content
- Forum and Social Media
- User Representations
- Prohibited Activities
- Third Parties and External Links
- Privacy Policy
- Services Management
- Term and Termination
- Modifications and Interruptions
- Disclaimer
- Limitations of Liability
- Indemnification and Compensation
- Electronic Communications, Transactions and Signatures
- Miscellaneous
- Governing Law
- How to Contact Us
12th March 2024
Introductory
These are the Terms and Conditions of Use (“Terms“) for renoviva.co.uk. When we say “Site” we mean the renoviva.co.uk website, including our Forum, as well as our social media content. Our Site is owned and operated by XMH LTD (doing business as Renoviva) (“we“, “us” or “our“).
Please read these Terms and look out for changes as the latest version always applies. By continuing to use our Site and/or Services, you’ll be considered to have accepted these Terms. If you do not follow these Terms we may stop you using the Site and our Services.
Our Site and Services
We provide home renovation related information for within the United Kingdom, including guides, and offer a Forum for people to share renovation related experiences and information, as well as a mailing list related to the foregoing (collectively with any further or additional services that we may introduce from time to time, the “Services”).
The information on our Site and through our Services should not be taken as professional advice, representation, or arrangement by us. Other than set out in these Terms, there is no contractual relationship between us, no principal and agent relationship formed under any circumstances and no attorney and client relationship formed under any circumstances. The information we provide is for general informational purposes only. All the information on our Site and Services is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on our Site or Services. Our general information provides a useful framework, but you should expect to develop your own awareness and knowledge of the subject matter of interest to you as well as to expand upon it, and to adapt it, as may be necessary or useful depending on your own circumstances and/or requirements. You are additionally responsible for making (or refraining from making) your own decisions. We are not liable for anything that happens as a result of you relying on the Site or any of our Services. Under no circumstance do we have any liability to you for any loss or damage or any kind incurred as a result of your use of our Site and/or Services or your reliance on any information provided on our Site and/or Services. You use of our Site and/or Services is solely at your own risk.
Our Site and Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement in such jurisdiction or country. Any persons who choose to access our Site and Services from locations other than the United Kingdom do so upon their own initiative and are responsible for compliance with law and regulation of their jurisdiction to the extent applicable.
Our Content and Marks
We are the owner or licensee of all intellectual property rights used on our Site and in our Services (the “Content”), including any trademarks, service marks and logos (the “Marks”).
Our Content and Marks are protected by intellectual property laws in the United Kingdom and in other jurisdictions. They are provided “as is” for personal, non-commercial use only.
Your Use of Our Site and Services
Our Site and Services are for your own personal and non-commercial use only. We grant you a non-exclusive, non-transferable, revocable license to access the Site and use the Services, including to download or print a copy of any portion of the Content to which you have properly gained access, provided it is solely for your own personal and non-commercial use.
Except as set out herein, no part of our Site or Services, including any Content and Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.
User Content
By “user content” we mean anything posted on our Site by users of our Site, for example comments on articles or Forum posts.
You should only post user content that you have created independently. You will be the copyright owner under UK copyright laws of that user content, but by posting it on our Site you agree and give us a licence to use, redistribute, make available and/or sell it whenever and however we want to without needing your permission or needing to pay you.
We may also automatically track certain links in your Forum posts.
We, or third parties we give permission to, can edit, change your user content to meet our Site technical requirements, refuse to publish, or remove your user content at any time.
We are not responsible for the deletion or failure to store either your or other users’ content. Our Site and Services are not intended for persons under the age of 18 but, if you are under 18, you confirm that you have the permission of your parent or guardian to submit content to our Site.
Forum and Social Media
We require that your use of our Site is lawful and where you use our Forum you must follow the Forum rules, which are incorporated by reference into and form part of these Terms.
If you want to post on our Forum we will ask you for your email address and you will need to create a username and password. This means that we will only hold very limited personal information about you that is not already viewable to other users. Please review our Privacy Policy with respect to such information.
We are not liable for any user content, which is the opinion of the person posting only and in no way reflects our opinions or attitudes. You are solely responsible for your user content and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us in relation to your user content.
You guarantee that the user content you post on the Forum or our social media does not:
- Breach these Terms;
- Contain unlawful, libelous, misleading, discriminatory or fraudulent content;
- Harm or offend other people in containing extremist views, appearing to incite or promote terrorist activities, or in being obscene, threatening, harassing, abusive, hateful, or embarrassing;
- Contain personal information or infringe any intellectual property right or privacy right of anyone else.
We may remove posts or restrict your ability to post if you do anything contrary to the guarantees you give above.
You can report any post that you feel does not follow these Terms. For Forum posts, see our Forum rules for further information on our reporting processes.
User Representations
By using our Site and/or Services, you represent and warrant that:
- You have the legal capacity and you agree to comply with these Terms;
- You are not a minor in the jurisdiction in which you reside;
- You will not access the Site or Services through automated or non-human means;
- You will not use the Site or Services for any illegal or unauthorised purpose, including none of the prohibited activities listed below; and
- Your use of the Site and Services will not any applicable law or regulation.
Where we have granted you an account to access or utilise any part of our Site or Services, you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof.
Prohibited Activities
As a user of the Site and/or Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without express written permission from us;
- Trick, defraud or mislead us or other users, especially in any attempt to learn sensitive account information or personal information with the intent to inappropriately or unlawfully use such information;
- Circumvent, disable or otherwise interfere with security related features of the Site or Services;
- Disparage, tarnish or otherwise harm us and/or our Site or Services;
- Use any information obtained from our Site or Services to harass, abuse or harm another person;
- Make improper use of our support services or submit false reports of any kind;
- Use the Site or Services in a manner that contravenes any applicable laws or regulations;
- Engage in unauthorised framing or linking to the Site or Services;
- Upload or transmit, or attempt to upload or transmit, any viruses or other malware or to take any action that may interfere with any other party’s uninterrupted use and enjoyment of our Site and Services or which otherwise modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site or Services;
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
- Delete any intellectual property notice from any Content;
- Attempt to impersonate another person or use the username of another user;
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, such as spyware;
- Interfere with, disrupt, or create an undue burden on the Site or Services or the networks or services connected to the Site or Services;
- Harass, annoy, intimidate or threaten any other user;
- Attempt to bypass any measures designed to prevent or restrict access to the Site or Services or any portion thereof;
- Copy or adapt, decipher, decompile, disassemble or reverse engineer, the Services’ software, except where licensed by us and as permitted under the terms of any licensor or where permitted by applicable law;
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, such as any spider, robot, cheat utility, scraper or offline reader that accesses the Site and/or Services, or use or launch any unauthorised script or other software;
- Use a buying agent or purchasing agent to make purchases on the Services;
- Make any unauthorised use of the Site or Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences; or
- Use the Site or Services as part of any effort to compete with us or otherwise use the Site, Services, Content and/or Marks for any revenue generating endeavour or commercial enterprise.
Third Parties and External Links
If we mention third party companies on our Site, we usually do so because we have used their services previously or because they are known to us and we think that they may be useful to you. We do not however vet them or monitor how they run their business and you should be aware that they are third parties and we have no control over their businesses. In interacting with them, you do so at your own risk. You should always carry out your own research into any product or service that is of interest to you.
We are not responsible for third party content or liable for anything that happens if you choose to use third party websites, including when you access their website or services through links that we provide on our Site or through our Services. You should read their terms and conditions and privacy policies carefully. You will be bound by those terms and conditions, and any personal information you give them will be used in line with their privacy policies, not ours.
If we decide to use affiliate links, in which event we will add that information to our About page, some of our Site links will be “affiliate” links, which will take you directly or indirectly to a product or service provider. This may result in us receiving money if you click through to their site or buy a product or service from them. Our decision to include a link is never influenced by any money we could get and any benefit we get is at no cost to you.
If you link to our Site, you will need to follow these Terms and any relevant laws. You are also not allowed to pretend to be us, or suggest that you are endorsed by us, or connected to us, or link to us from content that could be offensive.
Privacy Policy
Please read our Privacy Policy to see how we collect, use and protect your personal information.
Services Management
We reserve the right but not the obligation to: (1) monitor the Services for violations of these Terms; (2) take legal action against anyone who, in our opinion, violates the law or these Terms; (3) refuse, restrict access to, limit the availability of, or disable any of your user content or any part thereof or your access to our Site and/or Services; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our Site; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
Term and Termination
These Terms remain in full force and effect while you use the Site and/or Services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our Site and/or Services to any person for any reason or for no reason. We may terminate your use or participation in the Site and/or Services or delete any content that you posted at any time, without warning, in our sole discretion.
If we terminate or suspect your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.
Modifications and Interruptions
We reserve the right to change, modify or remove the contents of the Site and/or Services at any time and for any reason without notice. We have no obligation to update any information on our Site or Services. We will not be liable to you or any third party for any modification, change, suspension or discontinuance of the Site and/or Services.
We cannot guarantee the Site and/or Services will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site and/or Services, resulting in interruptions, delays and/or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site and/or Services at any time or for any reason without notice. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance. Nothing in these Terms will be construed to obligate us to main and support the Site and/or Services or to supply any corrections, updated or releases in connection therewith.
Disclaimer
There may be information on the Site or in our Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any such errors, inaccuracies or omissions and to change or otherwise update information on our Site or in our Services at any time without notice.
The Site and Services are provided on an ‘as-is’ and ‘as-available’ basis. You agree that your use of the services will be at your sole risk. We disclaim all warranties, express or implied, in connection with the Site and Services and your use thereof. We make no warranties, express or implied, about the accuracy or completeness of the Site or Services or of any website or service linked to from our Site or Services. We will assume no liability or responsibility for any: (1) errors, mistakes or inaccuracies of content and materials; (2) personal injury or damage resulting from your access to and use of the Site and/or Services; (3) any unauthorised access to or use of our servers and/or any and all personal or other information stored therein or thereon; (4) any interruption or cessation of transmission to or from the Site or Services; (5) any bugs, viruses or other malware which may be transmitted to or through the Site or Services by any third party; and/or (6) any errors or omissions in any content and materials or for any loss or damage incurred as a result of the use of any content posted, transmitted or otherwise made available via the Site or Services. We do not endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Site or Services, any hyperlinked website, or any website or application featured in any banner or other advertising, and we will not be a party to or in any way responsible for monitoring any transaction between you and any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your own best judgement and exercise caution where appropriate.
Limitations of Liability
In no event will XMH LTD or any of its shareholders, directors, employees or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Site or Services, except where such limitation of liability is not permitted by law. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us.
Indemnification and Compensation
You agree to defend, indemnify and hold us harmless, including any subsidiaries or affiliates we may have, and all of our shareholders, officers, directors, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including attorney fees and expenses, made by any third party due to or arising from your: (1) use of the Site and/or Services; (2) breach of these Terms; (3) breach of your representations and warranties in these Terms; (4) violation of the rights of a third party; (5) overt harmful act toward any other user of the Site and/or Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, or proceeding which is subject to this indemnification upon becoming aware of it.
You agree to compensate us for any liability or cost we may face as a result of: (1) any content that you post on our Site and/or Services, or via any other communications systems; (2) any actions you take that disrupt access to and/or the functioning of our Site and/or Services; or (3) any breach by you of your obligations under these Terms.
Electronic Communications, Transactions and Signatures
Visiting the Site and using the Services, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or complete by us or via the services. You waive any rights or requirements under any statute, regulation, rule, ordinance or other law in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.
Miscellaneous
The Terms are a contract between you and us about your use of our Site. No one can enforce any parts of these Terms for you.
You waive any and all defences that you may have based on the electronic form of these Terms and the lack of signing by parties hereto to execute these Terms.
There is no joint venture, partnership, employment or agency relationship created between you and us through these Terms or your use of our Site and/or Services.
Our failure to exercise or enforce any right or provision of these Terms does not operate as a waiver of such right or provision.
We may assign any or all of our rights and/or obligations to others at any time.
If any provision or part of a provision of these Terms is determined to be unlawful, void or unenforceable, that provision or part of a provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Governing Law
English law governs theseTerms and only the English courts can resolve any dispute between us in connection with these Terms.
How to Contact Us
Please contact us via our contact page or write to XMH LTD, 82a James Carter Road, Mildenhall, Suffolk, IP28 7DE.