Terms & Conditions
These terms and conditions (“Terms”) govern the access and use of the Company’s website and, where necessary, the services (“Services”) rendered by the Company.
These Terms shall take precedence over any other terms and conditions which may form part of your documentation, unless agreed to in writing and signed by both you and the Company.
DEFINITIONS
Unless inconsistent with the context, the expressions set forth below shall bear the following meanings:
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“Data Protection Legislation” means the laws relating to data protection in the United Kingdom, including, but not limited to, the Data Protection Act 2018, the UK General Data Protection Regulation (UK GDPR), the Privacy and Electronic Communications Regulations 2003 (PECR), and any other relevant data protection legislation in force from time to time.
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“Intellectual Property” shall include, without limitation, any know-how, patent, copyright, registered design, trademark or other industrial or intellectual property rights, whether registered or not and whether or not capable of being registered.
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“Parties” means the Company and you as the Party engaging with the Company for purposes of the Services, and “Party” shall mean either one.
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“Personal Information” means any information relating to an identified or identifiable natural person (“data subject”), as defined by the UK GDPR, to which the Company has been given access or which is generated by or on your behalf. This includes, but is not limited to:
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Personal identifiers, including names, identification numbers, location data, and online identifiers.
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Special categories of data, such as race, ethnic origin, political opinions, religious beliefs, health information, and biometric data.
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Any other information that can be used to identify an individual, either directly or indirectly.
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“Processing” means any operation or set of operations which is performed on Personal Information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
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“the Company” means MHU London Ltd, a company registered in the United Kingdom, with its registered office at 1386 London Road, Leigh On Sea, Essex, England, SS9 2UJ, United Kindon.
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“Services” means the marketing and advertising services rendered by the Company.
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“Website” means the website of the Company at www.mhuniverse.com.
CONFIDENTIALITY
Both Parties agree that the Company will, at all times, treat all information in connection with and/or relating to the other Party, its business, and all matters incidental thereto (the “Confidential Information”) as strictly confidential and shall not, without written consent (which consent will not be unreasonably withheld) from the other Party, disclose such Confidential Information to any other person and/or make use of such Confidential Information for any purpose other than in connection with the rendering of the Services.
THE WEBSITE
Usage
The Company Website is the registered property of the Company.
Any persons accessing and/or using the Company Website for any reason whatsoever subjects themselves to and agrees to the Terms and Conditions and Privacy Policy of the Company when accessing the Website as set out below.
The Company expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in the Website without prior notice.
Nothing on the Website shall be construed as an offer by the Company to you, the user, but merely an invitation to do business.
You may send content and other communications to and/or via this Website provided that the content is not illegal, obscene, objectionable, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious 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 email address, impersonate any person or entity, or otherwise mislead as to the origin of a communication. The Company reserves the right to remove or edit such content in its sole discretion.
Intellectual Property
All content on the Website (unless explicitly stated), and any work submitted to clients or potential clients, including but not limited to text, graphics, logos, button icons, images, clips, digital downloads, data compilations, and software, is the property of the Company or licensed to the Company and, as such, is protected from infringement by domestic and international laws, legislation, and treaties. The Company expressly reserves all rights pertaining to such content.
The Company and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or infringement of any intellectual property right, please notify us by e-mail at the addresse below:
All content, trademarks, and data on this Website and any work submitted to clients or potential clients, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of, or are licensed to, the Company, and as such are protected from infringement by domestic and international laws, legislation, and treaties.
Licenses And Website Access
The Company hereby grants you a limited license to access and make personal use of the Website provided that in making use of the Website, you do not download any content, other than for page caching purposes, except where the facility to download is expressly provided or express written consent to do so is otherwise given by the Company. You are expressly prohibited from modifying any portion of this Website, whether in part or whole, except with the express written consent of the Company.
This license does not include any right of resale or commercial use of this Website or its contents. For the purposes of this clause, any collection and/or use of any listings and/or descriptions, any derivative use of this Website or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools for any commercial purpose is expressly prohibited unless stated otherwise.
It is expressly prohibited to frame or utilise framing techniques to enclose and/or mask any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and/or our affiliates without its express written consent.
It is expressly prohibited to use any meta tags or any other “hidden text” utilising the Company’s name or trademarks without the express written consent of the Company.
Any unauthorised use of this Website, its content, or applications terminates the permission or license granted by the Company. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Company, provided the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.
You may not use any Company logo or other proprietary graphic, trademark, or material as part of the link without express written permission from the Company.
DISCLOSURES REQUIRED BY SECTION 43 OF THE UK E-COMMERCE REGULATIONS
The full name and legal status of the website owner is: MHU London Ltd
The full address of the website owner is: www.mhuniverse.com
Director: Dylan Mortimer
Physical address for receipt of legal service: 1386 London Road, Leigh On Sea, Essex, England, SS9 2UJ
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Subject to the provisions of applicable laws, the Company shall not be liable for any damage, loss, or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this Website. Furthermore, the Company makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be uninterrupted and error-free.
The Company will not be liable for any loss or damages arising, whatever the cause, in accordance with these Terms.
Should the Company be found to be liable to you for a particular act or omission, then the Company’s liability will be limited to fees already paid by you in the previous 12 (twelve) months.
PROTECTION OF PERSONAL INFORMATION (“UK GDPR”)
The Company will only Process or disclose Personal Information in accordance with applicable laws, in terms of these Terms, and in accordance with any written instructions, requirements, or specific directions from you.
The Company will ensure that all staff members of the Company and any other persons who have access to your Personal Information are bound by appropriate legally binding obligations in relation to your Personal Information.
The Company will take appropriate, reasonable, and technical measures to ensure that the integrity of your Personal Information in possession or under the control of the Company is secure and that your Personal Information in possession or under the control of the Company remains available to you as and when you need it.
NOTIFICATION OF PERSONAL DATA SECURITY BREACH
The Company will notify you immediately upon becoming aware that the Personal Information of a data subject has been accessed or acquired by an unauthorised person and will take all appropriate steps to limit the compromise of Personal Information and to restore the integrity of the affected information systems as quickly as possible. The Company will assist you to report all relevant facts relating to the compromise and provide you with details of the Personal Information affected by the compromise.
If the Company or any third party to which the Personal Information has been disclosed pursuant to these Terms is required by law, regulation, or court order to disclose or Process any Personal Information, the Company will advise you thereof prior to disclosure or Processing.
The Company will not transfer Personal Information outside of the United Kingdom unless you authorise such transfer in writing, and the Company will comply with your express instructions for cross-border transfers of any Personal Information.
RETENTION AND DESTRUCTION:
The Company will store all Personal Information it processes for the minimum time periods stipulated by you in writing. The Company shall be required to securely destroy all Personal Information relating to the data subjects in compliance with the destruction time periods stipulated by you, in accordance with applicable UK data protection laws, including the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.
FORCE MAJEURE:
If either Party is prevented or restricted from carrying out all or any of their obligations under these Terms due to an event such as a strike, lock-out, fire, explosion, flood, riot, war, accident, act of God, embargo, legislation, shortage or breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of labour, or government interference (“the event”), the Party affected by this event will be relieved of their obligations under these Terms during the time the event persists and shall not be liable for any delay or failure in the performance of any obligations under these Terms, or for any loss or damage, whether general, special, or consequential, which the other Party may suffer due to the event.
Once the event has ended, the Party affected by the event must give notice to the other Party that such event has ended. Should the event continue for a period of more than 90 (ninety) days, the other Party will have the right to immediately terminate these Terms.
ASSIGNMENT:
You will not be permitted to cede, delegate, assign, or otherwise transfer all or any of your rights under these Terms without the prior written consent of the Company. Such consent shall not be unreasonably withheld.
DISPUTES:
Should a dispute arise that cannot be resolved between the Parties, the Company will facilitate a discussion between the directors, owners, or authorised representatives of both Parties to attempt to resolve the dispute within 14 (fourteen) days of being requested to do so.
If the directors, owners, or authorised representatives fail to resolve the dispute, both Parties agree and consent that legal action may be instituted in the Magistrates' Court or another competent court within the United Kingdom.
SEVERABILITY:
If any of the clauses or terms hereof are found by a competent court to be invalid, unenforceable, or illegal, the remaining clauses will be deemed severable from the unenforceable clauses and will continue in full force and effect unless such invalidity, unenforceability, or illegality goes to the root of these Terms.
GENERAL:
Neither Party will be bound by any direct or indirect term, representation, or promise that is not recorded in these Terms.
Any permission or approval that may be given by one Party (the “grantor”) to the other Party (the “grantee”) will not be construed as a waiver or abandonment of any of the grantor’s rights. The grantor shall not thereby be excluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.
Nothing in these Terms will constitute a partnership, joint venture, agency, or employment relationship between the Parties. Neither Party will be authorised to bind, contract in the name of, or create a liability against the other in any way for any purpose.
ACCEPTANCE OF THESE TERMS:
Your acceptance of these Terms shall be deemed to have occurred upon your use of the Company’s website. Each instance of using the services and the website shall be subject to the above Terms and Conditions.