1 About our Terms
1.1 These Terms explain how you may use this website (the Site) and our goods and/or services (the Goods and/or Services).
1.2 You should read these Terms carefully before using the Site.
1.3 By accessing or using the Site or otherwise indicating your consent (such as by agreeing to Babble Cloud Limited – Terms and Conditions (last updated 3rd July 2019) (the Sales T&Cs) available on request), you agree to be bound by these Terms and the documents referred to in them.
1.4 If you do not agree with or accept any of these Terms, you should stop using the Site and our Goods and/or Services immediately.
1.5 If you have any questions about the Site, our Goods and/or Services or these Terms, you can contact us here: http://babble.cloud/contact-us/.
Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site or our Goods and/or Services;
Submission means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to the Site or to our Goods and/or Services;
Terms means these terms and conditions of use as updated from time to time under clause 12;
Unwanted Submission has the meaning given to it in clause 6.1;
We, us or our means Babble Cloud Limited whose registered office is at Bury House, 31 Bury Street, London, EC3A 5AR and whose registered company number is 4213760, and any reference to “us” “we” and “our” is a reference to Babble; and
You or your means the person accessing or using the Site, our Goods and/or Services or its Content.
2 Using the Site our Goods and/or Services
2.1 The Site is for your personal business use only. Our Goods and/or Services is for business customers which are not a consumer or a small business who has 10 or less employees.
2.2 You agree that you are solely responsible for:
2.2.1 all costs and expenses you may incur in relation to your use of the Site; and
2.2.2 keeping your password and other account details (if applicable) confidential.
2.3 The Site is intended for use by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
2.4 We may prevent or suspend your access to the Site, our Goods and/or Services if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
2.5 Your use of our Goods and/or Services shall be subject to the Sales T&Cs.
3 Restrictions on use
3.1 As a condition of your use of the Site and our Goods and/or Services, you agree to not use the Site or our Goods and/or Services:
3.1.1 for any purpose that is unlawful under any applicable law or prohibited by these terms and conditions of use;
3.1.2 to commit any act of fraud;
3.1.3 to distribute viruses or malware or other similar harmful software code;
3.1.4 for purposes of promoting unsolicited advertising or sending spam;
3.1.5 to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
3.1.6 in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
3.1.7 in any manner that harms minors;
3.1.8 to promote any unlawful activity;
3.1.9 to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
3.1.10 to gain unauthorised access to or use of computers, data, systems, accounts or networks;
3.1.11 to attempt to circumvent password or user authentication methods; and
3.2 You agree to comply with the provisions relating to our intellectual property rights and software contained in Terms and Sa.
3.3 We are not obliged to monitor or moderate Submissions to our interactive services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
3.4 We may remove or edit any Submissions to any of our interactive services whether they are moderated or not.
3.5 Any Submission you make must comply with our Submission standards set out below.
4 Submission standards
4.1 Any Submission or communication to users of our Site must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, you warrant that any Submission or communication is:
4.1.1 your own original work and lawfully submitted;
4.1.2 factually accurate or your own genuinely held belief;
4.1.3 provided with the necessary consent of any third party;
4.1.4 not defamatory or likely to give rise to an allegation of defamation;
4.1.5 not offensive, obscene, sexually explicit, discriminatory or deceptive; and
4.1.6 unlikely to cause offence, embarrassment or annoyance to others.
5 Your privacy and personal information
6 Ownership, use and intellectual property rights
6.1 This Site, our Goods and/or Services and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
6.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site or our Goods and/or Services (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site or our Goods and/or Services.
6.3 Trade marks and trade names may be used on this Site and our Goods and/or Services. Your use of any trade marks on the Site or our Goods and/or Services is strictly prohibited unless you have our prior written permission.
7 Submitting information to the Site
7.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
7.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
8 Accuracy of information and availability of the Site
8.1 While we try to make sure that the Site and our Goods and/or Services is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site and our Goods and/or Services will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site and our Goods and/or Services is at your own risk.
8.2 We may suspend or terminate operation of the Site at any time as we see fit. We suspend or terminate our Goods and/or Services in accordance with the Sales T&Cs.
8.3 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
8.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
9 Hyperlinks and third party sites
9.1 The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
9.2 You may create a link to our Site from another website with our prior written consent provided no such link:
9.2.1 creates a frame or any other browser or border environment around the content of our Site;
9.2.2 implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
9.2.3 displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or
9.2.4 is placed on a website that itself does not meet the acceptable use requirements of these terms and conditions of use.
9.3 We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
10 Limitation on our liability
10.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
10.1.1 losses that:
(a) were not foreseeable to you and us when these Terms were formed; or
(b) that were not caused by any breach on our part,
10.1.2 business losses.
11 Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
12 Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site or our Goods and/or Services following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
14.1 We shall apply these terms and conditions of use in our absolute discretion. In the event of your breach of these terms we may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.
14.2 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us please contact us as soon as possible.
14.3 In the event of any inconsistency between these Terms and the Sales T&Cs, the terms of the Sales T&Cs shall take precedence.
14.4 If either party wants to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
14.5 Relevant United Kingdom law will apply to these Terms.