Terms of Use
Last updated: March 2024
Acceptance of Terms
By accessing or using any website, application, or digital property owned or operated by Telldar Holdings Ltd. or its affiliated entities (collectively, "Telldar," "we," "us," or "our"), you agree to be bound by these Terms of Use ("Terms") and all applicable laws and regulations. If you do not agree to these Terms, you must not access or use our digital properties.
These Terms constitute a legally binding agreement between you and Telldar. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting. Your continued use of our digital properties following any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically for updates.
These Terms apply to all visitors, users, and others who access or use our digital properties. By using our digital properties, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. If you are accessing our digital properties on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Definitions
For the purposes of these Terms, the following definitions shall apply:
"Content" means all text, graphics, images, photographs, illustrations, icons, audio clips, video clips, data compilations, software, and other materials available on or through our digital properties, whether provided by Telldar, its licensors, or third parties.
"Digital Properties" means all websites, mobile applications, software platforms, portals, and other digital services owned, operated, or controlled by Telldar or its affiliated entities.
"User Content" means any content, materials, information, or communications that you submit, post, upload, or otherwise make available through our digital properties.
"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, rights in designs, database rights, rights in know-how, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted such rights.
Use of Digital Properties
Our digital properties are provided for informational purposes only and do not constitute an offer or solicitation with respect to any services. The information contained herein is general in nature and is not intended to address the specific circumstances of any particular individual or entity.
You agree to use our digital properties only for lawful purposes and in accordance with these Terms. You agree not to use our digital properties:
(a) In any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the United Kingdom, the European Union, or other countries
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
(c) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation
(d) To impersonate or attempt to impersonate Telldar, a Telldar employee, another user, or any other person or entity
(e) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the digital properties, or which may harm Telldar or users of the digital properties
Prohibited Activities
Additionally, you agree not to:
(a) Use the digital properties in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the digital properties
(b) Use any robot, spider, or other automatic device, process, or means to access the digital properties for any purpose, including monitoring or copying any of the material
(c) Use any manual process to monitor or copy any of the material on the digital properties without our prior written consent
(d) Use any device, software, or routine that interferes with the proper working of the digital properties
(e) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the digital properties or any server, computer, or database connected to the digital properties
(g) Attack the digital properties via a denial-of-service attack or a distributed denial-of-service attack
(h) Otherwise attempt to interfere with the proper working of the digital properties
Intellectual Property Rights
The digital properties and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Telldar, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Telldar name, the Telldar logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Telldar or its affiliates or licensors. You must not use such marks without the prior written permission of Telldar. All other names, logos, product and service names, designs, and slogans on the digital properties are the trademarks of their respective owners.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our digital properties for personal, non-commercial purposes. This license does not include any resale or commercial use of the digital properties or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the digital properties or their contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our digital properties, except as follows: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; (c) you may print or download one copy of a reasonable number of pages of the digital properties for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
User Content and Submissions
The digital properties may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Content") on or through the digital properties.
All User Content must comply with the Content Standards set out in these Terms. Any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content on the digital properties, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that: (a) you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (b) all of your User Content does and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Telldar, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Content Standards
These content standards apply to any and all User Content and use of Interactive Services. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
(a) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
(c) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person
(d) Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws
(e) Be likely to deceive any person
(f) Promote any illegal activity, or advocate, promote, or assist any unlawful act
(g) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person
(h) Impersonate any person, or misrepresent your identity or affiliation with any person or organization
(i) Involve commercial activities or sales, such as contests, sweepstakes, barter, or advertising
(j) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case
Monitoring and Enforcement
We have the right to:
(a) Remove or refuse to post any User Content for any or no reason in our sole discretion
(b) Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms
(c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
(d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the digital properties
(e) Terminate or suspend your access to all or part of the digital properties for any or no reason, including without limitation, any violation of these Terms
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the digital properties.
Disclaimer of Warranties
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE DIGITAL PROPERTIES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DIGITAL PROPERTIES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PROPERTIES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE DIGITAL PROPERTIES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PROPERTIES IS AT YOUR OWN RISK. THE DIGITAL PROPERTIES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PROVIDED BY LAW, TELLDAR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TELLDAR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DIGITAL PROPERTIES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE DIGITAL PROPERTIES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
THE AGGREGATE LIABILITY OF TELLDAR AND ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED ONE HUNDRED POUNDS STERLING (£100).
THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR DEATH OR BODILY INJURY CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE SITE.
Indemnification
You agree to defend, indemnify, and hold harmless Telldar, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the digital properties, including, but not limited to, your User Content, any use of the digital properties' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the digital properties.
Third-Party Links and Content
The digital properties may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the digital properties, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on the digital properties; send emails or other communications with certain content, or links to certain content, on the digital properties; cause limited portions of content on the digital properties to be displayed or appear to be displayed on your own or certain third-party websites.
Geographic Restrictions
The owner of the digital properties is based in England and Wales in the United Kingdom. We provide the digital properties for use only by persons located in the United Kingdom. We make no claims that the digital properties or any of their content is accessible or appropriate outside of the United Kingdom. Access to the digital properties may not be legal by certain persons or in certain countries. If you access the digital properties from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law and Jurisdiction
All matters relating to the digital properties and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of England and Wales without giving effect to any choice or conflict of law provision or rule (whether of England and Wales or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the digital properties shall be instituted exclusively in the courts of England and Wales, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
Arbitration
At Telldar's sole discretion, it may require you to submit any disputes arising from these Terms or use of the digital properties, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the London Court of International Arbitration applying the laws of England and Wales.
Waiver and Severability
No waiver by Telldar of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Telldar to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms, our Privacy Policy, and any other policies or guidelines posted on the digital properties constitute the sole and entire agreement between you and Telldar regarding the digital properties and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the digital properties.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Telldar's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Telldar may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Force Majeure
Telldar shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including, without limitation, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Notices
All notices required or permitted to be given under these Terms shall be in writing and shall be delivered personally, sent by certified or registered mail, postage prepaid, return receipt requested, or sent by recognized overnight courier service. Notices to Telldar shall be sent to the address specified on the digital properties or such other address as Telldar may specify in writing. Notices to you may be sent to the email address you provide in connection with your use of the digital properties.
Electronic Communications
When you visit the digital properties or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the digital properties. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Export Control
You agree to comply with all applicable export and re-export control laws and regulations, including without limitation the Export Administration Regulations maintained by the United States Department of Commerce, trade and economic sanctions maintained by the United States Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the United States Department of State. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software, source code, or technology received from Telldar under these Terms to any destination, entity, or person prohibited by any applicable laws or regulations without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Contact Information
All feedback, comments, requests for technical support, and other communications relating to the digital properties should be directed to our Legal Department through appropriate channels as indicated on our website.
Questions regarding these Terms of Use should be directed to:
The Telldar Holdings Company
Legal Department
Registered Office Address available upon request