These Terms and conditions (“Terms”) govern your access to and use of our services, including any use of our website “www.warchimp.co.uk”, sub-domain “forum.warchimp.co.uk”, email notifications, instant messaging, Applications, buttons, widgets, ads, and data recording services (the “Services” or “War Chimp”), and any information, text, data, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content” or “Services”). This page (together with any policies referred to on it) tells you the terms and conditions for use of our Services. Please read these Terms carefully before using our Services. You should understand that by subscribing or signing up to our Services, you agree to be bound by these terms. If you do not agree to these terms, you should immediately refrain from any future use of our services. The website, sub-domain and App are © Karma Applied Science Limited and the services are provided by Karma Applied Science Ltd, trading as “War Chimp Industries Limited”, whose registered office is situated at Klassiker House, Avroe Crescent, Blackpool, FY4 2DP, United Kingdom.
1.0 Basic Terms – The Services:
1.2 War Chimp is an online airsoft management, advertising and information portal. The portal is therefore described as a service as services to both the general public and B2B Such service will continue until one day before the anniversary of your activating your subscription. Prior to this you will be sent an invitation to re-subscribe. Should you decide not to renew then your subscription will end with no penalty. You hereby warrant that you alone are responsible for your use of the Services, for any Content or data you post via the Services, and for any consequences of those postings. The Content you submit, post, or display should not cause distress, alarm or otherwise offend other users or persons (whether living or dead). You hereby indemnify us from any consequence of such postings to your member area.
1.3 You hereby warrant that you have legal capacity to form a binding contract with Us. If you are accepting these Terms and using the Services on behalf of a company, organisation, partnership, co-operative, government, or other legal entity, you declare and warrant that you are authorised to do so. You may use the Services only in compliance with these Terms and all applicable local authority, national, and international laws, rules and regulations.
1.4 The Services we provide continually evolve and the form and nature of the Services we offer may alter or change from time to time without prior notice being given. We reserve the right to alter, suspend, stop or otherwise change the provision of our Services, either to all or individual users at our sole discretion at all times. We also reserve the right to refuse or restrict your use of our services in our absolute judgement.
1.5 The Services may include advertisements or articles, which may be targeted to the Content or information on the Services, or queries made through the Services, or other information. The types and extent of such information on the Services are subject to change. You agree that we can exercise our right to display and offer such services at our sole discretion. In line with our Privacy & Data Policy, none of your sensitive personal data will be made available to any third parties by Us.
2.0 Our Services Provision & Content:
2.1 We are committed to providing a safe, educational, informative and interactive use of our Services. All content, whether publicly posted or privately, is the sole responsibility of the person who originated such content. We may not monitor or control all the data or content which is posted or viewed via our Services and do not take responsibility for such content. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is your responsibility and at your own risk.
2.2 In any event, we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content, warnings or communications posted via the Services or endorse any third party opinion/s announced, posted, discussed or otherwise posted via our Services. You agree and warrant that you will not publish, post or otherwise display, or cause to be published, posted or displayed, any content that might infringe any applicable laws, regulations or third party rights, and that you will not use or any material which is obscene, indecent, pornographic, seditious, offensive, sexist, homophobic, defamatory, threatening, liable to incite racial or religious hatred, menacing, blasphemous, in breach of any third party intellectual property rights. You may not publish or cause to be published or transmitted any material which is harmful, inaccurate, libellous or otherwise inappropriate, or in some cases, material which is otherwise deceptive or purports to represent the identity of another person, body or legal entity.
2.3 Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any such content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services.
3.0 Rights Under these Terms:
3.1 You will have anytime access to your member’s area and records whilst you are a subscribing member of the service, excepting for any scheduled “downtime” such as maintenance of the service or any outages beyond our control. The services are provided on an “As is” basis and we are not responsible for any force majeure preventing the use of the service.
3.2 We are not responsible for any misuse of your member account or unauthorised access. You should take care with your password and access details.
3.3 We are not responsible for any accidental deletion of your records or your failure to update them accurately. We merely give you the tools which in our opinion are adequate to cope with your daily or weekly auditing functions. We are not responsible for any changes in local authority or government regulations or requirements, and it is your responsibility to ensure our services meet your needs.
4.0 Your Use of our Services & Technical Matters.
4.1 At our sole discretion, and for an indeterminate time, we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you to use our Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Services only in the manner permitted by these Terms. We reserve the right to withdraw such permission to use at any time, in our absolute judgement if we feel you are abusing those permissions.
4.2 All right, title, and interest in the Services are and will always remain the exclusive property of War Chimp and its licensors. The Services may be protected by copyright, trademark, and other laws. Nothing in the Terms gives you an absolute right to use our name or any trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Services is voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation, acknowledgement or recompense to you.
5.0 Restrictions as to content and use our services:
5.1 We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim any usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms, including investigation of potential violations (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of our Services, users and the public at large.
5.2 You may not do any of the following while accessing or using the Services: (a) access, or attempt to tamper with, or use non-public areas of the Services, Our storage or computer systems or App or Server; (b) probe, scan, or seek to ‘test’ the vulnerability of our system or network or breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available public access facility, unless you have been specifically allowed to do so in a separate agreement with Us. ‘Scraping’ the Services without our prior consent of is expressly prohibited; (d) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (e) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, Trojan, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of any prejudicial to the smooth operation of our Services (f) impersonate our Service or cause any ‘copy-cat’ app or website to be created that appears, looks or purports to be providing our Service.
6.0 Copyright & IP Policy:
6.1 We always seek to respect the intellectual property rights of others. We encourage and expect our Service Users to do the same. We will robustly respond to any given notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
6.2 We reserve the right to remove Content or data alleged to be infringing copyright without prior notice, at our sole discretion, and without any liability to you. We reserve the absolute right to terminate a user’s account if the user is determined in our absolute judgement, to be a repeat infringer.
6.3 Our designated contact for giving notice of any alleged copyright infringement/s appearing on our Services is: firstname.lastname@example.org
6.4 Any copyright, trademarks and trading styles of any third party mentioned or displayed by Us via our Services is hereby and expressly acknowledged as belonging to their respective owners.
7.0 Termination or Ending of These Terms:
7.1 The Terms will continue to apply whilst you use our Services, unless terminated by Us or discontinued or terminated by you by deactivating your account/s and discontinuing your use of our Services. You do not need to specifically inform us when you stop using the Services. If you stop using our Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity of more than 3 (three) months. In such event, we reserve the right to refuse to renew any future registrations from you in our absolute judgement.
7.2 We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (a) you have violated these Terms (b) you create risk or possible legal liability exposure for us; or (c) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account. In any event, nothing shall affect our rights to change, limit or stop the provision of the Services without prior notice to you.
8.0 Disclaimers and Limitations of Liability:
8.1 You hereby give and grant no responsibility or liability for your actions or use of the Services or consequences thereof to our company, service, any subsidiaries, affiliates, related companies, individual officers, directors, shareholders, employees, agents, representatives, partners, and licensors. We are not permitted to exclude any liability that is prohibited from exclusion under the laws of England & Wales.
8.2 The Services are only available “as-is”. Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “as is” and “as available” basis. We disclaim any and all warranties whether express or implied of any usefulness, claims or representations of fitness for purpose, accuracy or stability of any product or commercial service that may be viewed, shown, promoted or otherwise posted using our Services.
8.3 We shall operate the App and provide the services set out on the App and associated website with reasonable skill and care appropriate to our industry standards. No guarantee of success in your use of the services is offered. As the App is of a specific bespoke nature to you once activated, under the Consumer Contract Regulations the subscription cost is exempt from any refunds or exchanges once purchased and you commence using the services. Your statutory rights are not affected.
8.4 We shall not be liable for any personal taste dissatisfaction the Subscriber may suffer in connection with the Website, App and/or the use of our Services. You are required to satisfy yourself of the positive benefits of our services during the free trial period.
8.5 Nothing in these Terms shall exclude or limit our liability for (a) death or personal injury caused by our negligence (as such term is defined by the Unfair Contract Terms Act 1977 – UK only); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
8.6 Subject to the foregoing, we will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, loss of profits, goodwill, data, contracts, failure to comply with the requirements of local or national government regulations, or any other loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the use of our services, or in connection with the use, inability to use or the results of use of our Services.
8.7 By agreeing to these Terms, you agree to fully and effectively indemnify us against any and all third party claims, costs, losses and/or liabilities relating to these Terms of Service (TOS) and Your usage of our Services or actions in relation to them. In any event, you agree that any aggregate amount of any discovered liability upon us shall not and never shall exceed the sum of £100 (one hundred Pounds GBP).
9.0 General Terms:
9.1 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
9.2 In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of this are received by either of the parties from any relevant competent authority, it may be severed from these Terms, but the remaining provisions of these Terms shall remain in full force and effect.
9.3 These Terms, and any document referred to herein, represent the entire agreement between us and the user for the provision of our services and supersede any prior agreement, understanding or arrangement between the parties, whether made orally or in writing, in relation to the services.
9.4 The user acknowledges that, in entering into this contract with us on these Terms, that it has not relied upon any representation, undertaking or promise by us, or been implied from anything said or written between the parties prior to this contract being finalised, except as expressly stated in these Terms.
10.1 Please see our separate Privacy & Data Policy for further details.
11.0 Security Measures:
11.1 We have implemented reasonable security policies, rules and technical measures to protect the personal data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss. However, we cannot be held responsible for any losses or damage howsoever caused whist using our App or website.
12.0 Access to Information:
12.1 You may ask us whether we are storing personal information about you by emailing our Controller of Data via email@example.com and, if you wish, we will provide you with a copy of any personal data we hold about you by email. We may ask for proof of your identity before providing any information and reserve the right to refuse to provide any information requested, if your identity is not established.
13.0 Service of Notices & Correspondence:
13.1 The address for the service of any notices or correspondences is Karma Applied Science, Klassiker House, Avroe Crescent, Blackpool, FY4 2DP, United Kingdom.
14.0 Severability & Effect of Terms:
14.1 These Terms are made only for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else who is not a party to it and the provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply.
15.0 Determination & Legal Jurisdiction:
15.1 War Chimp is based in the United Kingdom of Great Britain & Northern Ireland and these Terms and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these policy Terms or any subject matter contained within therein.
16.0 Updating, alteration, amendment or variation of Policies & Terms:
16.1 We reserve in our absolute judgement, the right to alter, amend or change these Terms of Service at any time. These Terms of Service were last updated on 2nd May 2018.