Terms of Use

1. MISCELLANEOUS

1.1  The website www.caliburger.co.uk (“Website”) is operated and administered by CBME Ltd and its subsidiaries, agents, employees, contractors and licensees (“Companies”). This Privacy Policy applies to the use of the Website by any visitor, customer, advertiser or other person or entity (“User”) and the Company is committed to protecting the privacy and security of the User’s personal information. 1.2   Access to and use of the Website by any User is provided on and subject to the Terms of Use contained herein and any other directions or rules of use on the Website (“Terms”) and the User’s continuing use of the Website is deemed acceptance of the Terms. 1.3  In the event the User does not consent to the Terms, as modified, from time to time, then the User should immediately cease using the Website. 1.4  The Company shall have the right, at any time, to change, modify, vary or delete the Terms or any part thereof or impose new terms of use including. 1.5  Such changes, modifications, variations or deletions to the Terms shall be effective immediately upon notice thereof, which notice may be given by means including, but not limited to, posting on the Website or by electronic or conventional mail or by any other means the Company considers reasonable. 1.6  The User is responsible for informing itself of any changes by regularly viewing the Terms. 1.7  Use of the Website by the User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications, variations or deletions. 1.8   The Website and the Terms shall be governed by and construed in accordance with the laws of Anguilla and the User and the Company irrevocably submit to the exclusive jurisdiction of the Courts of Anguilla. 1.9   If a clause of the Terms is rendered void or unenforceable against either the User or the Company by any Court of competent jurisdiction, then that clause is deemed severed from the Terms and the User and Company acknowledge and agree that they will remain bound by these Terms, so severed. 1.10  The Terms constitute the entire agreement between the User and the Company with respect to the User’s use of the Website. 1.11  A reference to; (a) the User includes a reference to the User’s subsidiaries, successors, executors, affiliates, associated entities or any other entity that is controlled by the User; (b) the Website includes a reference to any listing, advertising, marketing, emails, forums, blogs or social media or other linked websites. 1.12  In the event the material and content contained on the Website is translated in more than one (1) language and a dispute arises as to its translation, then the English version of the translation will apply.

2.  USER CONDUCT

2.1  The material and content contained on the Website is provided for general use and information purposes only. 2.2   The User warrants to the Company that: (a) all information provided by the User is truthful and valid; (b) the User will use the Website for lawful purposes only; (c) the User will not sell, distribute, decompile, reverse engineer, scrap or otherwise deal with the Website and the material and content contained therein without the Company’s prior, specific written consent; (d) if the User is a member of the Website, the User will i. keep private and confidential its username and password; ii. immediately notify the Company where it becomes aware of any misuse of the User’s username and password; and iii. the User will pay, without demand, any fees and charges payable to the Company or any other user of the Website as and when they fall due; (e) the User will not collect usernames and / or email addresses of other users of the Website for any means including, but not limited to, the unauthorized framing of or linking to the Website; (f) the User will not use the Website nor contact any user of the Website for the purpose of i. advertising or soliciting any goods or services; and ii. sending unsolicited mail; (g) if the User has posted material or content on the Website, then i. the User is legally entitled to do so; and ii. the User is not breaching any third (3rd) party’s intellectual or other rights in doing so; (h) the User has the authority and capacity to be bound by the Terms. 2.3   The User grants to the Company the irrevocable, royalty free licence to use, copy, adapt, transmit, communicate, publish, distribute, disseminate or otherwise deal with any material or content posted by the User on the Website.

3.  GENERAL DISCLAIMERS

3.1  The User acknowledges that: (a) use of the Website is at the User’s own risk; (b) the Company shall have the right, at any time and in its absolute discretion, to change, modify or vary any content or material uploaded or posted by a User on the Website; (c) the relationship between the Company and the User is that of a site operator and site user and is no way deemed to constitute a relationship of principal and agent; (d) the Company makes no representations nor provides any warranties, whether express or implied, about or in relation to the Website including, but not limited to: i. the suitability of the Website, material or content for the User; ii. the completeness, accuracy or truthfulness of the material and content on the Website; iii. the quality, merchantability or fitness for purpose of the goods and services advertised, sold or mentioned on the Website; iv. subject to clause 6, how any information provided by the User is collected, held, stored or distributed by the Company or any third (3rd) party; v. the performance, operation or transmission of the Website; (e) the Company may employ or contract with other entities to perform functions on the Company’s behalf including, but not limited to, fulfilling orders, sending communications on the Company’s behalf (including the Company’s email communications), analyzing data, providing marketing assistance, creating, hosting and / or running contests, sweepstakes, games and providing customer service. The third (3) parties will have access to the User’s personal information in order to provide these services and clause 6 is amended to the extent of facilitating this clause. 3.2 The User further acknowledges that links provided on the Website are provided for the convenience of the User only and unless otherwise stated, the Company: (a) does not endorse linked websites and their products and services; (b) makes no representations nor provides any warranties in relation to the linked websites including, but not limited to: i. the suitability or fitness for purpose of the linked websites; ii. the material or content on the linked websites. 3.3 The Company may, in its absolute discretion: (a) review, edit, vary and delete material and content on the Website including, but not limited to, information or photos uploaded on the Website by the User; (b) terminate the User’s use or access of part or the whole of the Website. In the event the User’s access to the Website is terminated in accordance with this clause, then the User acknowledges and agrees that any licence granted to it by the Company to use the Website or any intellectual property, material or content contained on the Website, also terminates. 3.4   The User acknowledges that the Company has no obligation to monitor: (a) the Website; (b) the use of the Website by the User and any other user of the Website; (c) the material and content uploaded on the Website; (d) the interaction of the User with other users of the Website.

4.  LIMITATION OF LIABILITY

4.1  The User indemnifies and releases the Company, its directors, secretary, shareholders, agents, employees, contractors, subsidiaries and parent companies from and against all actions, suits, claims, demands, liabilities, costs, damage, loss and expenses (including, but not limited to, legal fees on an indemnity basis) whether direct, indirect, special or consequential arising out of or in relation to the Website and these Terms including, but not limited to: (a) the User’s use of the Website; (b) the material and content on the Website including, but not limited to, illegal or illicit material and content; (c) the use of the Website by other users; (d) linked websites on the Website; (e) the User breaching any third (3rd) party’s intellectual property rights; (f) the accuracy, reliability, usefulness, merchantability, truthfulness or fitness for any particular purpose of the content and material contained on the Website; (g) an error, omission or deletion of any material or content contained on the Website; (h) an error, interruption, defect, delay in operation or transmission of the Website; (i) a computer virus, harmful component, loss of data, unlawful third (3rd) party conduct, theft, destruction, alternation or unauthorized access to records; (j) the User’s breach of a warranty contained in clause 2.2; (k) the User breaching any other clause contained in these Terms; (l) the use, misuse, storage, dissemination of any material or content collected by the Company or any other user of the Website; (m) the User’s failure to pay any fees or charges payable to any other user of the Website; (n) if the User is a member of the Website, the use of the User’s username and password by any third (3rd) party. 4.2 In the event a jurisdiction does not allow for the exclusion or limitation of incidental or consequential damages, then the User acknowledges and agrees that the Company’s liability in such jurisdiction is limited to, the extent permitted by law, the total liability amount of One Hundred United States Dollars (US$100.00).

5.  COPYRIGHT AND TRADE MARK NOTICES

5.1  Unless otherwise indicated, all rights (including copyright) in the Website which includes, but is not limited to, the material, content (including, but not limited to the text, images, video images, audio clips, flash animation, illustrations, logos, button icons), compilation of the web pages and software, are owned, controlled, licensed or reserved by the Company. 5.2  The Website contains material and content which are registered Trade Marks of the Company, its affiliates, its third (3rd) party providers and licensors. 5.3  The intellectual property (which includes, but is not limited to, Trade Marks and copyright) of the Company, its affiliates, any third (3rd) party providers and licensors may not be used, modified, published, copied, transferred, transmitted or otherwise dealt with by the User without the Company’s prior, specific, written consent. 5.4  If the User downloads material or content from the Website, then the content and material are licensed by the Company to the User and such licence may be revoked by the Company, at any time and in the Company’s absolute discretion. 5.5   Subject to clause 6, upon uploading or posting material or content on the Website, the user irrevocably authorizes and grants to the Company the right to use that material and content to provide the services offered on the Website.

6.  PRIVACY POLICY

6.1  The Company is committed to protecting the privacy and security of the User’s personal information. 6.2   When dealing with the User’s personal information, the Company acknowledges that: (a) it is bound by the provisions of any legislation of a competent jurisdiction; (b) it will collect the User’s personal information in a fair and lawful manner; (c) it will securely hold the User’s personal information to safeguard against unauthorized access; (d) it will ensure that the User’s personal information is under only for the purposes for which it was collected (unless provided for by law); (e) it will not disclose the User’s personal information to any third (3rd) party except where the disclosure is i. required by law; ii. authorized by the User; iii. for the purpose outlined in clause 6.3; iv. to protect and defend the Company’s rights and property; or v. otherwise necessary in relation to the User’s use of the Website. 6.3 The User acknowledges and agrees that: (a) if the User is a member of the Website, the Company may display personal information on the Website including, but not limited to, the User’s username, email address, company name and company address; (b) the Company and any advertiser on the Website may use the User’s personal information to analyze the behaviour of the User and other users of the Website. 6.4  The Company will endeavour to ensure that any personal information of the User disclosed to any third (3rd) party is disclosed to the third (3rd) party on the basis that they will agree to handle the User’s personal information in the same manner as the Company does however the User acknowledges and agrees to indemnify and release the Company in this regard. 6.5  The User may contact the Company where it believes that the User’s personal information has been recorded incorrectly. 6.6  The User may gain access to the User’s personal information held by the Company or request that any personal information collected by the Company be deleted by providing the Company with written notice.