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OLD ST VENTURES LIMITED WEBSITE APPLICATION TERMS OF USE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE

What's in these terms

These terms tell you the rules for using our website www.old.st (our site).

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Who we are and how to contact us

www.old.st is a site operated by Old St Ventures Limited (We). We are registered in England and Wales under company number 12693846and have our registered office at 13 Devonshire Gardens, London, England, W4 3TN.

We are a limited company.

To contact us, please email hello@old.st.

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By using our site you accept these terms

By using our site, you confirm that you accept these terms of service and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

References to our site within these terms includes everything we provide or make available through our site, including but not limited to all content, images and other materials except that which you provide which is described below as User Input.

We recommend that you print a copy of these terms for future reference.

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There are other terms that may apply to you

These terms of service refer to the following additional terms, which also apply to your use of our site:

·  Our Privacy Policy, which explains how we collect, use and store your personal data.

·  Our Cookie Policy (Section 9 of the Privacy Policy), which sets out information about the cookies on our site.

·  Our briefing document

If you purchase goods or services from Us then other terms and conditions are likely to apply. This agreement only relates to our online code vibe-check service.

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We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time[SC4] .

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We may make changes to our site

We may update and change our site from time to time. This is a new service and we expect that it will change over time as we adapt and improve it.

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We may suspend or withdraw our site

Our site is generally made available free of charge and our services provided through this site are provided on a one-off basis.

We do not guarantee that our site, or any content made available on or through it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Our services are provided on an as-is basis without any warranty at all. Our

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of service and other applicable terms of service, and that they comply with them.

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We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

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Our site is only for users in England

Our site is directed to people residing in England. We do not represent that content available on or through our site is appropriate for use or available in other locations and any such use is at your own risk.

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You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of service.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@old.st.

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How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You will not acquire any property rights or other ownership of or over any element of our services or our site. We may provide you with a limited personal license to view and consider any output that we provide, but this may be subject to further conditions that we specify at the time.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. When we provide you with an output this is provided to you and to no other person.

If you print off, copy, download, share or repost any part of our site in breach of these terms of service, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these terms of service).

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No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):

·  Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same.

·  Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).

This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Our site its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in England (the Permitted Territory). By continuing to access, view or make use of our site and any related content and services, you hereby warrant and represent to us that you are located in a Permitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue use of our site and any related content and services.

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Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact hello@old.st.

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Uploading content to our site

Whenever you make use of a feature that allows you to create content directly on our site, upload or share content to our site, or to make contact with other users of our site, you must comply with the standards set out in our Acceptable Use Policy as we may publish from time to time.

The following uses are not acceptable, if your use is or could be taken to:

i. be unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

ii. facilitate illegal activity;

iii. depict sexually explicit images;

iv. promote unlawful violence;

v. be discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

vi. be otherwise illegal or causes damage or injury to any person or property;

You warrant that any such contribution complies with those standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We will consider any content you upload to our site to be non-confidential and not protected by any trade mark, patent or copyright ("non-proprietary"), that is, in the public domain. You own your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to others. See below for more information under the section entitled Rights you are giving us to use material you upload.

We also have the right to disclose your identity to anyone who is claiming that any content posted or uploaded by you to our site violates their intellectual property rights or their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the acceptable use standards set out in our Acceptable Use Policy.

If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact hello@old.st.

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Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

·  A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote our site or the service  forever.

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User-generated content is not approved by us

Our site may include information and materials uploaded by other users including by you. This information and these materials have not been verified or approved by us for any specific purpose and any view or recommendation that we make is merely guidance based on our experience.

The views expressed by other users on our site do not represent our views or values.

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Do not rely on information on this site

We cannot guarantee any output from our services and all use is at your own risk.

The content and guidance provided as an output from or on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

You acknowledge and agree that the nature of our services means we cannot guarantee accuracy. Taking into account the cost and scale of our services, it would be unreasonable for you to place legal reliance upon our guidance or content for any purpose in place of seeking professional advice. We may offer that professional advice to you subject to separate terms and at additional cost, please contact us to request a quote should you require this type of service from us.  

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

Our services are provided on an as-is and as-available basis without any warranty as to their ongoing availability, accuracy or usefulness or suitability for any purpose.

Further to the above you must never use our services for any high risk use case, including but not limited to maintaining life support systems, nuclear power plants or reactor control, or any business critical function. Our services provide secondary guidance which is generic and is only based on your input, not on the specific needs of your business or any specific person.

You must not use our services or our site as part of the provision of a service to any third party, and you will indemnify us for any and all losses we may suffer as a result of any such use.

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We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

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We are not responsible for viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.

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You must not introduce viruses

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our site or any part of it. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or any other equipment or network connected with our site. You must not interfere with, damage or disrupt any software used in the provision of our site or any equipment or network or software owned or used by any third party on which this site relies in any way. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

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Our responsibility for loss or damage suffered by you

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Payments are non-refundable 

When you make a payment to us we do not guarantee any output or specific results. If we cannot process your request for any reason or if we consider that we will not be able to process it for any reason then we may decide to return your payment to you or to offer a credit against future services.

It is always possible that we might process your request but that no output may be produced. In this instance we may retain any amounts you have paid to us, as our services may have incurred the same cost to us as we would have done had we provided you with an output. Failure to provide any output is a potential outcome and if you are unsure as to your entitlement to a credit or refund please contact us at hello@old.st.

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Whether you are a consumer or a business user:

·  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

·  Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you. Notwithstanding any other term of this agreement our liability to you however you use our services or our site, howsoever and whenever arising anywhere in the world, will be limited to the amount of money that you have paid to us in relation to the specific use of our site or services that relates to the claim you are making and in any event shall never exceed the total sum of money which you have paid to us over the course of the immediately preceding twelve (12) calendar month period prior to any claim you make against us.

·  Under no circumstances will we be liable as a result of your input. You are responsible for ensuring that any data or assumptions made or stated in your input (and all input material generally) is both accurate and that you are legally permitted to provide it to us pursuant to the terms of this agreement.

·  We do not warrant that your use of our services will be timely, prompt, uninterrupted, error-free or achieve any particular result or be useful for any particular purpose;

·  We do not warrant that our services are free from viruses;

·  We do not warrant that our services or our site will comply with any security requirements that you may have.

·  We do not warrant that we will maintain copies of backups of any input that you provide and you must keep copies and backups at your own risk and expense in every case.

·  As far as is legally possible all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.

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If you are a business user:

·  We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

·  We will not be liable to you 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:

·   use of, or inability to use, our site; or

·   use of or reliance on any content displayed on our site.

·  In particular, we will not be liable for:

·   loss of profits, sales, business, or revenue;

·   business interruption;

·   loss of anticipated savings;

·   loss of business opportunity, goodwill or reputation; or

·   any special, indirect or consequential loss or damage, costs, charges or expenses of any kind.

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If you are a consumer user:

·  We only provide our site for domestic and private use, our services are intended only for businesses and have no consumer utility. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you use our services, you agree that you use them in your capacity as a business and not as a consumer.

·  If you are legally deemed to be a consumer and defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

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How we may use your personal information

If our services capture personal data then we will only use your personal information as set out in our https://www.old.st/privacy-policy.

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Which country's laws apply to a dispute

If you are a consumer, please note that these terms of service, their subject matter and their formation, are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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