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Terms of use

1. Explanation

In addition to terms defined elsewhere in these Terms of Use, the following terms shall have the following meanings in these Terms of Use, unless the context requires otherwise:

Not on Amazon” and “Not On Amazon” means My Little Panda Ltd, having its registered office at 59 Glenavon Road, Stratford, London E15 4DE and registered with Companies House under number 07644584;

“us”, “we”, “our” means or relates to Not on Amazon, its affiliated enterprises, and each of our and our affiliated enterprises’ respective officers, directors, shareholders, employees, sub-contractors, representatives and assigns; and

“you”, “your” means or relates to the Users.

2. Use of the services

To use the Services, you must be at least 18 years old. As the user of the Services, you are solely responsible for ensuring compliance with all laws, rules, and regulations applicable to you. Unless you agree to the Terms of Use, you may not use the Services or interact with the Services if you are prohibited from accessing the Services under the laws of the country where you reside or from which you access the Services. It is also the responsibility of each User to ensure that all persons who access the Services through that User's internet connection are aware of and comply with the Terms of Service.

It is the responsibility of the user to make all arrangements necessary to access the Services.

We reserve the right to withdraw or amend any Services we provide without prior notice and access to each of the Services is granted on a temporary basis. Under the terms of the following section titled "Limitation of Liability", we shall not be liable if, for any reason, the Service is unavailable at any time or for any period. At our sole and absolute discretion, we may from time to time restrict access to any or all parts of the Services.

3. User accounts and passwords

If you wish to use (parts of) the Services, you may be required to create an account with us or to log in with your Facebook account information. We may ask you to provide us with certain information when creating your User account, including a unique User name, your email address or other identifier, a password, your date of birth, your title, your name, your address, your country, and your telephone number. Your User identification details must be accurate and complete. If you wish to impersonate someone, you will not use their name as a username. Our security procedures require us to maintain the strictest confidentiality of all User identification details, passwords, and other information we collect as part of this process. We cannot disclose any of this information to any third party. It is solely your responsibility to notify Not on Amazon of any activities that take place under your User account, and we are not responsible for any problems that arise due to misuse of your identification details and/or password. We strongly encourage you to notify us immediately if you become aware of or suspect any breach of the security of any portions of the Service. This can be done by emailing hello@notonamazon.co.uk. We strongly caution against using another person's User account or identification details for the purposes of accessing the Services without permission.

We reserve the right to disable any user account or password, at any time, if the User does not comply with any of these Terms of Use.

As a result of using the Services through Facebook, you allow us access to certain information from your Facebook profile in accordance with our privacy policy. Depending on your Facebook privacy settings, you may be able to control how much data we can access. When you use the Services, you authorize us to collect, store, retain, and use all information you allow us to obtain from Facebook in accordance with our privacy policies.

4. Behaviour

Each user is responsible for adhering to these Terms of Use and for not using the Services for any purpose prohibited by them. Users are prohibited from:

  • If you violate any applicable laws, regulations, or contractual obligations, you will not be able to use the Services;
  • Use the Services in a manner that is intended to cause harm, abuse, harassment, stalking, threat or any other offence to others;
  • Do not interfere with, disrupt, or cause an undue burden on the Services, or the associated hardware or software, nor should you prevent others from using the Services;
  • The following activities are prohibited: harvesting, crawling, indexing, scraping, spidering, mining, gathering, extracting, compiling, obtaining, aggregating, or storing any Content, including but not limited to photos, images, text, music, video, audio, podcasts, data, software, source code, algorithms, analysis, formulas, or any other information available on or through the Service;
  • To circumvent any measures that we may use to prevent or restrict access to the Services; and To bypass, circumvent, or attempt to circumvent such measures;
  • The Services are not for the purpose of copying, adapting, modifying, reverse engineering, decompiling, assembling, otherwise modifying, distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting, or otherwise exploiting.

5. Malware, hacking, et cetera

It is not acceptable for users to:

  • By intentionally introducing viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware, or any other technologically harmful program, you may misuse the Services;
  • It is unlawful to gain access to any part of the Services, any server through which the Services are provided, or any server or computer connected to the Services; or to attempt to gain unauthorised access to any part of the Services.
  • Attempt to degrade or disable the Services in any way, including through denial-of-service attacks or distributed denial-of-service attacks or another malicious misuse of the Services.

According to the Computer Misuse Act 1990 and other applicable laws, a violation of this provision may constitute a criminal offence. In accordance with our Privacy Policy, we reserve the right to report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities in providing information regarding any User suspected of being involved in such activities.

We will not be liable for any loss or damage caused by any form of denial-of-service attack, virus, worm, Trojan, logic bomb or other technologically harmful material that may infect any User's computer equipment, computer programs, data or other proprietary material as a result of using the Services or downloading Materials from the Services, or any other websites linked to the Services or Materials provided through such websites.

6. Rights and licenses relating to intellectual property

No On Amazon and the 'No On Amazon' logo, as well as the names, logos, taglines and any other marks identifying a Culture Trip group company (collectively, the "Trade Marks"), and all rights in them, belong to No On Amazon. In addition, you should note that any other trademarks or service marks appearing on the Services are the property of the respective owners. In these Terms of Use, Users are not permitted to use any Trademark appearing on the Services, or any other service mark or logo appearing on the Services.

There is a possibility that all Trademarks and all Content (collectively, the "Materials") are protected by law. All intellectual property rights in the Materials are owned or licensed by Not on Amazon. Not on Amazon reserves all rights in the Materials. Except as expressly provided in these Terms of Use, Users are not granted any rights with respect to the Services or the Materials.

7. User-granted licenses

Please note that the foregoing licences do not affect your ownership or license rights in Content that you provide; all rights belong to you.

We will make corrections or remove the alleged infringing material if requested, according to applicable law, in case we are notified in writing of actual or alleged infringement of intellectual property rights of any User, or any third party. Please contact us at hello@notonamazon.app if you discover an accidental infringement of copyright.

8. Content accessibility

Neither Not on Amazon nor the Services guarantee the accessibility of any Materials, and reserve the right to, but is not obliged to (i) remove, edit, modify or otherwise manipulate any Materials in its sole discretion, at any time, without notice to the Users and for any reason; and (ii) remove, or block any Materials from the Services.

9. Using information to make decisions

It is strongly recommended that you do not rely on opinions and materials provided by the Services as advice or recommendations. My Little Panda LTD, or any other company, are not intended to be, and do not constitute, a communication, invitation, or inducement to engage in investments, or otherwise to deal in the shares of My Little Panda LTD or any other company. Individuals contemplating investment activities should not rely on any opinions or Materials provided through the Services. Please refer to the section below entitled "Limitation of Liability" for more detailed information regarding the extent to which we disclaim any liability resulting from your reliance on such opinions and Materials.

Though we endeavour to update the Materials provided via the Services, we cannot guarantee that they are correct, accurate, complete or up-to-date, whether expressly or impliedly. It is not on Amazon's responsibility to determine the accuracy of such Materials, nor is it under any obligation to update, amend, or correct publicly any forward-looking statements contained herein, as a result of new information or future developments.

10. Links to affiliate sites

Our site may include affiliate links and we may participate in affiliate marketing. Our affiliate links may earn us a commission if and when you click on, make a purchase through, or take any other relevant action through them.

11. Content created by users

UGC, or user-generated content, is content that is uploaded, submitted, posted, distributed, or otherwise made available through the Services. and others. Communications on the Services are not private or confidential. Your communications may be viewed by other users. Our privacy statement applies to ApUGC. Review, edit, move or delete any UGC at our sole discretion and without notice, but are under no obligation to do so. The comments, opinions, and statements posted as UGC are not endorsed, supported, sanctioned, encouraged, verified, or agreed with. The views and opinions expressed on Not on Amazon's website are those of the users who placed the information or material online. Not on Amazon disclaims all responsibility and liability for any UGC, including failure to remove UGC in a timely manner. If you wish to make a complaint regarding any UGC, please contact us at hello@notonamazon.app

12. Liability

 

For the purpose of defending such claims, the indemnifying party agrees to cooperate with all reasonable requests from Not on Amazon. Not on Amazon Indemnitees reserve the right, at their sole discretion and cost, to assume exclusive responsibility and liability for any proceedings that would otherwise be indemnified by the Indemnifying Party, and the Indemnifying Party shall not in any event settle any such claim or matter without the express prior written approval of Not on Amazon.

13. Liability Limitation

All Materials and Services are provided "as is", with no warranty whatsoever, either express or implied, including, without limitation, warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any implied warranties resulting from course of performance or usage of trade, all of which are expressly disclaimed. The use of the Services, or any Materials, by Users is on an "as is" basis, without any guarantee. Not on Amazon does not guarantee that the Service, or any Materials, or any other website or online resource that may be linked to by the Services, will be accurate, functional, compatible with any particular equipment or standards, free of defects, errors, or potentially harmful components, available at any particular time or place, secure, or suitable for any particular purpose.

 

14. Statement of Privacy

In accordance with these Terms of Use, Not on Amazon makes the Services available to the public in accordance with its Privacy Policy.

15. Interacting with or linking to the Services

Links to the Services are permitted, provided that they are done in a fair and legal manner and do not damage, diminish, or take unfair advantage of the reputation of Not on Amazon. The Services may not be framed on or within another website. If a service links to or otherwise interacts with the Services, it must ensure that (i) the Materials are not scraped from our pages, databases, or feeds, and reused, and (ii) no implication that Not on Amazon endorses its products or services is made.

16. Hyperlinks to the services

In cases where the Services link to other websites and resources provided by third parties, these links are intended purely for informational purposes. Not on Amazon has no control over the contents of these websites or resources, and cannot be held liable for any loss or damage associated with their use. Inclusion of any links to third-party websites or content on the Services does not imply endorsement or approval by Not on Amazon of these third-party sites or content. Considering the section above entitled "Limitation of Liability", we accept no responsibility for any information, products, or services provided on third-party websites or through third-party content.

The Services may include other elements that are hosted, managed, supplied by, or operated by third-party service providers in addition to certain features, functionality, and/or content. You may also find social, community, and public discussion areas, photo and video galleries, blogs, auctions, shopping, and payment processing. It may be necessary for you to agree to additional terms and conditions and rules imposed by the service provider. It is the sole responsibility of the User to comply with any such additional terms and conditions, and their compliance will not affect the User's obligations under this Agreement.

17. Additions or modifications to these Terms of Use and Additional Rules

Not on Amazon reserves the right to revise, remove, or modify this agreement at any time and without notice. These Terms of Use may also be superseded by provisions or notices found elsewhere on the Services. From the date on which these revisions, removals, and modifications are implemented, they will be binding on all Users, with regard to their use of the Services. You agree that your continued use of the Service constitutes your acceptance of these Terms of Use, as they may be updated from time to time. In order to familiarise themselves with any changes that may have been made to these Terms of Use, users should review them regularly.

In addition to these terms and conditions, Not on Amazon reserves the right to post, from time to time, additional terms and conditions that apply to particular services. Examples of such terms and conditions include, but are not limited to, competitions, prize draws, and promotions. If you use those parts of the Services, you are agreeing to those additional terms and conditions.

18. Severability of the entire agreement

These Terms of Use represent a mutual understanding and agreement between Not on Amazon and the User. Any prior agreement, statement or other communication (whether or not in writing) made by the User or Not on Amazon will be considered superseded and replaced by these Terms of Use.

In the event that any part of these Terms of Use is declared invalid or unenforceable for any reason by a court of competent jurisdiction, that part shall be deemed to be deleted without affecting the remaining portions.

19. No waiver is permitted

In the event that any part of these Terms of Use is not enforced, it shall not be construed as a waiver of our right to enforce it at a later date. Any waiver of compliance in one instance does not mean that we will waive compliance in future instances. Not on Amazon will not be bound by any waiver of compliance with these Terms of Use unless in writing and signed by an authorised representative of Not on Amazon.

20. Task

All licences granted to you under these Terms of Use are personal to you. These licences and these Terms of Use may not be transferred, assigned, or sublicensed by you except with our prior written approval. Our rights under this agreement may be assigned, transferred, or delegated without your consent.

21. Governing law and jurisdiction

All claims arising out of or related to these Terms of Use, the Services, and/or any Materials will be subject to the exclusive jurisdiction of the courts of England and Wales. In connection with these Terms, and in connection with any dispute or claim arising out of or in connection with them, or their subject matter or formation, the laws of England and Wales shall apply.