Last updated on 30 August 2022
2. ACCESS TO AND USE OF THE RED BALLOON SITES
2.3 You may NOT use the Red Balloon Sites:
(a) for any form of commercial exploitation. The licence granted in Clause 2.1 is limited to your personal use of the Red Balloon Sites only;
(b) in any way that causes, or may cause damage to the Company or the Red Balloon Sites and/or interference with the use, performance, accessibility and availability of the Red Balloon Sites;
(c) as part of any systematic or automated data collection activities, including but not limited to data mining, data harvesting and scraping;
(d) to store, transmit, publish or distribute any malicious computer software, including but not limited to spyware, viruses, Trojans and worms; or
(e) for any unlawful, illegal, fraudulent, dishonest, criminal or harmful purpose or activity.
2.4 Any unauthorised use of the Red Balloon Sites shall result in the immediate termination of the temporary licence referred to in Clause 2.1 above.
4. INTELLECTUAL PROPERTY
4.1 We are the rightful owner or valid licensee of all intellectual property rights (including but not limited to, patents, copyrights, trademarks, service marks, logos, trade names and know-how) in and to the Red Balloon Sites and all of its content (including but not limited to, text, articles, pictures, images, photographs, graphics, animations, pictures, software and programs, files, video, audio and music). You acknowledge and agree that you acquire absolutely no rights or licences in or to the Red Balloon Sites or its contents through your use of the Red Balloon Sites.
4.2 You shall not reproduce, distribute, exploit, communicate, reverse engineer, decompile, disassemble, perform, modify, translate, create any derivative works from or adapt any content, source code, design or any other intellectual property relating to the Red Balloon Sites or its content, except in the following circumstances:
(a) To the extent that such acts are required for the lawful and reasonable use of the Red Balloon Sites;
(b) As permitted through the functionality of the Red Balloon Sites available to your class of user;
(c) With our express prior written permission; or
(d) To the extent permitted by any applicable law.
4.3 While we welcome feedback on how we can better improve our services, you hereby acknowledge and agree that unless otherwise specified by us in writing, any feedback you provide is deemed to be non-confidential and non-proprietary, and we shall be free to use such information on an unrestricted basis.
5. DISCLAIMERS AND LIABILITY
5.1 While the Red Balloon Sites are intended to be accessible 24 hours a day and 7 days a week, we do not guarantee constant, uninterrupted access to the Red Balloon Sites, or that the Red Balloon Sites will always operate without faults or errors, or that the Red Balloon Sites will always remain available. We reserve the right without giving prior notice to change the form, nature and functionality of the Red Balloon Sites, to suspend access to the Red Balloon Sites or to shut them down indefinitely and without assigning any reason whatsoever therefor.
5.2 The information and content on the Red Balloon Sites are provided “as is”, without any conditions, warranties or other terms of any kind. For the avoidance of doubt, we provide no warranty as to the accuracy, timeliness, suitability for any purpose, completeness or reliability of any information or content on the Red Balloon Sites. We are under no obligation to update any information or content on the Red Balloon Sites. Any reliance placed on information or content on the Red Balloon Sites is made at your own discretion and risk. In particular, the information or content on the Red Balloon Sites are not intended to be and should not be relied upon as advice, representation or endorsement in respect of any specific business model, investment, sale, purchase and/or other financial or business decisions.
5.3 We shall not be responsible or liable to you in the event of any systems or communications errors, bugs, malware or viruses as a result of your use of the Red Balloon Sites and its content which results in any damage whatsoever to your hardware, software and/or data.
5.4 As part of the use of the Red Balloon Sites, you may be given the option to transact using third party payment services. You will be responsible for complying with any terms and conditions and charges imposed by such third party payment service providers and the Company in connection with the services they provide to facilitate your online payments. The Company makes no warranty that the third party payment services will operate without faults or errors. The Company shall not be liable, directly or indirectly, for any damage, injury or loss sustained by you or any other party whatsoever or howsoever caused in connection with your use of any third party payment services.
5.5 We shall not be liable for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with your use of the Red Balloon Sites and the content and services provided herein, except to the extent to which it is unlawful to exclude such liability under the applicable law.
5.6 We expressly exclude liability for any indirect, special, incidental or consequential loss or damage which may arise in respect of the use or otherwise of the Red Balloon Sites and the content and services provided herein, and for any loss of profit, opportunity, business, revenue, goodwill or anticipated savings, whether or not such losses were within our contemplation at any material time.
5.7 You acknowledge that, with respect to any claim you may have arising out of or arising from your use of the Red Balloon Sites, any damage suffered by you will not be irreparable or otherwise be such as to entitle you to injunctive or other equitable relief or to in any way enjoin our exploitation or other use of the Red Balloon Sites and its content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages in an action at law, if at all.
7.1 Our Red Balloon Sites make use of “cookies”, which are small data files sent to your internet browser to store and track information about you when interact with the Red Balloon Sites. Such information is anonymised, from which individuals cannot be identified, such as:
(a) the number of unique visitors to the Red Balloon Sites;
(b) the frequency of the unique visitors’ access to the Red Balloon Sites;
(c) the average length of time the unique visitors’ spend on the Red Balloon Sites per visit;
(d) the number of page views (or page impressions) that occur on the Red Balloon Sites; and
(e) Common entry and exit points into the Red Balloon Sites;
7.2 This information is collected and analysed for us to help improve the Red Balloon Sites and our services to you. We may also use a third party plug-in and/or an independent market research company to perform analysis on the information collected.
7.3 You may disable cookies on the Red Balloon Sites by changing the settings on your browser. However, this may result in you not being able to access certain functionalities or parts of the Red Balloon Sites.
8. MISCELLANEOUS PROVISIONS
8.5 Third Party Sites: Our Red Balloon Sites may contain links to other websites operated by third parties. You acknowledge and agree that we do not control such websites and are not responsible for their contents or policies, and that the links are provided for convenience and do not represent an endorsement by us of the third party websites. If you access such websites via the links, you do so at your own risk.
9. GOVERNING LAW AND JURISDICTION