Breezy
Breezy

Breezy Website terms of use (“Terms”)

Effective Date: 27/10/2022

PLEASE READ THESE BREEZY CUSTOMER TERMS OF SERVICE CAREFULLY BEFORE ACCEPTING THEM AS YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) IS SUBJECT TO ALL OF THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE BREEZY CUSTOMER TERMS OR DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT USE OR ACCESS THE SERVICES IN ANY MANNER

These Terms set out the legally binding terms for your use of the breezy.io website and any content or information found therein or available on or through it (“Website”) and your legal rights and remedies. As a user of the Website you will be referred to in these Terms as “you”.

We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes made, as they are binding on you.

  1. The Website is owned and operated by Partnered Limited (“Partnered”/“we”/“us”/“our”/”ours”) registered in England and Wales with company number 11690208. Our registered office address is 34B George Street W1U 7DP.
  2. Our Breezy Customer Terms of Service may also apply if you subscribe to one of the services or products we offer via the Website (“Services”); these terms are available here.
  3. These Terms together with Our Personal Data Privacy Policy here, which forms part of these Terms and governs our use of personal data, form a legal contract between you and us and apply between you and us in relation to any use which you make of the Website (including where you have registered for a free trial of our Services).
  4. By making use of the Website, you agree to be legally bound by these Terms. If you disagree with any part of these Terms do not use or access our Website.
  5. Our Website is made available free of charge.

CONTENT

  1. The content on our Website is intended to provide information about the Breezy Platform, our Services as well as general information on partnerships.
  2. We make no representations, warranties or guarantees, whether express or implied, that the content on Our Website is accurate, complete or up-to-date.
  3. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted.

USAGE RIGHTS

  1. We may suspend, withdraw, discontinue or change all or any part of our Website without notice without any liability.
  2. Unless expressly authorised by us in writing, you may not:
    1. republish in any way, except by linking back to our Website via a url, any web-pages or content therein including but not limited to articles, code, images or any other items or materials from the Website (or from any previously agreed republication of the aforementioned on another website);
    2. sell, rent or otherwise sub-license any web-pages, content including but not limited to articles, code, images or other items or materials from the Website (including any previously agreed republication of the aforementioned on another website);
    3. reproduce, duplicate, copy or otherwise exploit any web-pages, content including but not limited to articles, code, images or other items or materials from the Website for a commercial purpose; or
    4. edit or otherwise modify any web-pages, code, images or other items or materials from the Website.
  3. We may enable you to share the Website and any services we make available (or any part of them) via links shared through social media feeds, or otherwise express a “like” in respect of any of them; accordingly, this clause applies, subject to any such facilities:
    1. You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
    2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior consent;
    3. Our Website must not be framed on any other website without our prior consent;
    4. We reserve the right to withdraw linking permission without notice;
    5. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy below;
  4. You warrant and accept that when using the Website you will not:
    1. use it in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website (e.g. such as using spyware, spy bots, Trojan horses or other similar software on the Website);
    2. use it in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
    3. use it to promote you or any third party without our express written consent;
    4. make any commercial use of it, in whole or in part, without our prior written consent, including as part of a free trial of our Services;
    5. use it to copy, publish or send mass mailings or spam to any of the Website’s users or subscribers for any use which is not specifically endorsed or approved by us;
    6. use it to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under any applicable law;
    7. publish, upload or send on or via the Website any material or content which is defamatory, obscene, indecent, of a sexual nature, hateful, discriminatory or inflammatory;
    8. publish, upload or send on or via the Website any material or content which infringes any person’s intellectual property rights or rights of confidentiality, or which infringes upon any person’s privacy, or constitutes an incitement to commit a crime;
    9. post and/or upload on the Website, or send us any content or material any material or content which is sexually explicit, threatening, abusive, harassing or menacing towards other users of the Website.
  5. We at our sole discretion may restrict your access to the Website, or commence legal proceedings against you in response to inappropriate content of any kind.
  6. We at our sole discretion may remove any post made on the Website if it does not comply with such acceptable use warranties stated in these Terms.

INTELLECTUAL PROPERTY

  1. Unless otherwise stated, we and/or our third party partners own all the intellectual property rights in the Website including all content contained or displayed therein.
  2. Works in the Website and all content contained or displayed therein are protected, where applicable, by intellectual property laws and treaties.
  3. Except for any applicable third party rights and any rights explicitly granted to you under these Terms, we reserve all title and ownership rights in and remain sole and exclusive owners of the Website and all parts thereof, including its content, reproductions, corrections, modifications, enhancements and improvements as well as all related intellectual property including but not limited to patent rights, copyright, trade secrets, trade marks, database rights, and any related goodwill, including data related to the usage of the Website by its users and/or service subscribers.
  4. The word “Breezy” is registered as a trade mark in the U.K. We reserve all other rights that may be related to the use of the word “Breezy”, the use of our logo, and/or any other sign used on the Breezy Platform that may act as a mark.

DATA PROTECTION – REGISTERED USERS ONLY

  1. Each of us shall comply with its obligations under all applicable data protection law, including the Data Protection Act 2018. We agree that these Terms constitute a relationship between joint controllers for the purposes of Article 26 of the General Data Protection Regulation (GDPR) and the equivalent applicable UK law. For the avoidance of doubt, we will not be processing personal data on your behalf and you agree to refrain from uploading personal data to the Breezy Platform except as required by Breezy in its capacity as a controller in order to deliver the Services.
  2. We will make available to you on request a copy of our ‘Personal Data Privacy Policy’ which we may amend at our sole and absolute discretion from time to time. You similarly undertake to make available to us on request your policy or policies that demonstrate compliance with applicable data protection legislation.
  3. We agree that each of us will maintain our own contact point for data subjects and that each of us will make all reasonable efforts to assist the other in complying with requests from data subjects to exercise their rights under data protection legislation.
  4. You understand that in providing the Services and supplying you with ‘Breezy Data’ (as defined in Breezy’s SaaS Terms), we maintain enduring data protection obligations to the data subjects whose personal data may form part of the Breezy Data depending on the Services used by you. Accordingly, you undertake to abide by the limits on permissible use of the Breezy Data set out in our documentation in particular:
    1. the prohibition upon you re-selling Breezy Data; and
    2. your obligation immediately to cease use of any personal data of a data subject upon notification by us that that data subject objects to use of his/her personal data in the manner contemplated by these Terms.

SECURITY

  1. We do not guarantee that our Website will be secure or free from bugs or viruses. Downloadable items may be made available by us and if so, are provided to you on an ‘as is’, ‘as available’, ‘with all faults’ basis. We make no representations to you as to the quality or otherwise of these downloadable items.
  2. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic, bombs or other material which is malicious or technologically harmful.
  3. You must not attempt to gain unauthorised access to our Website or Services, the server on which our Website is stored or any server, computer or database connected to our Website or our Services. You must not attack our Website or any Services including the Breezy Platform via a denial-of-service attack or a distributed denial-of-service attack.

LIABILITY

  1. We will not be liable to you if for any reason Our Website is unavailable at any time or for any period.
  2. You agree to being liable to us and to indemnify us for breach of any of the acceptable use warranties stated in these Terms.
  3. We are not responsible or liable to any third party for the content or inaccuracy of any content posted to the Website.
  4. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, whether express or implied.
  5. We will not be liable towards you or any user of the Website for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
  6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, or to your downloading of any content on the Website or on any other website or content we link to on the Website.
  7. We assume no responsibility or liability for any content of any kind our Website links to. Such links should not be interpreted as endorsement by us. We will not be liable for any loss or damage that may arise from your use of them.

LAW AND JURISDICTION

  1. These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law.
  2. You agree that the courts of England and Wales will have exclusive jurisdiction.

CONTACT US

  1. If you wish to make any use of content on our Website other than that set out above, please contact us at team@breezy.io

Previous versions of this document are accessible here.

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