Terms & Conditions

1. Introduction

1.1 Our Purpose

Our services are designed to allow users to easily create a beautiful and engaging online presence for themselves, to manage and promote their businesses, content and ideas, and overall have a great experience doing so – even without being tech-savvy or design gurus. We provide our users with numerous tools and features for creating and publishing stunning websites by utilizing their own content together with content and features offered by Banntech via our services (collectively – “User Website(s)”).

1.2 Agreement

These Banntech Ltd Terms of Use (“Terms of Use”), set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the Banntech Website Builder except where we explicitly state otherwise (collectively – the “Banntech Services” or “Services”).

The Banntech Terms constitute a binding and enforceable legal contract between Banntech Ltd (“Banntech”, “us” or “we”) and you - so please read them carefully.

You may visit and/or use the Banntech Services only if you fully agree to the Banntech Terms - and by using and/or registering to any of the Banntech Services, you signify and affirm your informed consent to these Terms of Use and any other Banntech Terms applicable to your use of any Banntech Services. If you do not read, fully understand and agree to the Banntech Terms, you must immediately leave the Banntech Website and avoid or discontinue all use of the Banntech Services.

1.3 User Account

In order to access and use certain sections and features of the Banntech Services, you must first register and create an account with Banntech (“User Account”).

If anyone other than yourself accesses your User Account and/or any of your User Websites’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Banntech Services), make changes to your User Website(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Websites (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using the Banntech Services, to which you are the sole and exclusive rightsholder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

We reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to you or to any other party. Among others, we may consider the principles set forth below.

Please carefully review these principles and consider adapting your practices accordingly, to ensure that what you believe to be “your” User Account and/or User Website remains as such:

Banntech will consider the owner of a User Account, User Website and/or User Content created and/or uploaded to the Banntech Services, as the person or entity who has access to the e-mail address then listed in Banntech’s records for such User Account under which such User Website or User Content was created

If any Paid Services (as defined in Section 5 below) were purchased via a User Account, Banntech will consider the owner of such User Account and/or the relevant User Website and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, if a User Website was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on Banntech’s database, Banntech will consider the owner of such User Website as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, Banntech will consider the organization as the actual owner of the domain, and therefore as the owner of the User Website connected to such domain. In event, the Billing Information indicates one person as the owner of the User Website and the domain registration indicates a different owner, Banntech shall consider the person registered as the owner of the domain connected to the Banntech Account as the owner of the User Website.

Notwithstanding the forgoing, Banntech shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event Banntech deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Banntech. 

 

2. Your Obligations

2.1 You represent and warrant that:

  1. you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Banntech Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Banntech Terms;
  2. you are not a resident of (or will use the Banntech Services in) a country that the U.S. government has embargoed for use of the Banntech Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
  3. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
  4. you understand that Banntech does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith; and specifically regarding your User Content;
  5. you own all rights in and to any content uploaded by you (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content;
  6. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third-party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your User Website’s visitors and users (“End Users”) reside, or for Banntech and/or your End Users to use or possess in connection with the Banntech Services;
  7. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

 

2.2 You undertake and agree to:

  1. fully comply with all applicable laws and any other contractual terms which govern your use of the Banntech Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
  2. be solely responsible and liable with respect to any of the uses of the Banntech Services which occur under your User Account and/or User Website(s), and for any of your User Content (including for any consequences of using or publishing such User Content on or with respect to the Banntech Services);
  3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Website, including with respect to End Users, User Products, and any applications and/or Third-Party Services used by you;
  4. receive from time to time promotional messages and materials from Banntech or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
  5. allow Banntech to use in perpetuity, worldwide and free of charge, any version of your User Website (or any part thereof) for any of Banntech’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Banntech or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Website with respect to such limited permitted uses;
  6. Banntech’s sole discretion as to the means, manner, and method for performing the Banntech Services, including those regarding the hosting, transmission, publication and/or display of any User Websites and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

2.3. You agree and undertake not to:

  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Banntech Website, the Banntech Services (or any part thereof), any Content offered by Banntech or Third Party Services for use and display within User Websites (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Banntech’s prior written and specific consent and/or as expressly permitted under the Banntech Terms;
  2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libellous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Banntech or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
  3. publish and/or make any use of the Banntech Services or Licensed Content on any website, media, network or system other than those provided by Banntech, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Banntech Services, Licensed Content and/or User Website (or any part thereof), except as expressly permitted by Banntech, in advance and in writing;
  4. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Banntech Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Banntech Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Banntech Services;
  5. act in a manner which might be perceived as damaging to Banntech’s reputation and goodwill or which may bring Banntech into disrepute or harm;
  6. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Banntech or Banntech Marks and/or variations and misspellings thereof;
  7. impersonate any person or entity or provide false information on the Banntech Services and/or User Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Banntech and/or any End Users;
  8. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Banntech or any third party endorses you, your User Website, your business, your User Products, or any statement you make;
  9. reverse look-up, trace, or seek to trace another User of Banntech Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Banntech Services and/or User Website without their express and informed consent;
  10. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Banntech Services, User Website, the account of another User(s), or any other systems or networks connected to the Banntech Services, by hacking, password mining, or other illegitimate or prohibited means;
  11. probe, scan, or test the vulnerability of the Banntech Services or any network connected to the Banntech Services;
  12. upload to the Banntech Services and/or User Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  13. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Banntech Services or Banntech’s systems or networks connected to the Banntech Services, or otherwise interfere with or disrupt the operation of any of the Banntech Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  14. use any of the Banntech Services and/or User Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
  15. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Banntech Services, except as expressly permitted by the Banntech Terms;
  16. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Banntech Services and/or Licensed Content; or
  17. violate, attempt to violate, or otherwise fail to comply with any of the Banntech Terms or any laws or requirements applicable to your use of the Banntech Services.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

 

3. Content and Ownership

3.1. Your Intellectual Property

As between Banntech and you, you shall own all intellectual property pertaining to your User Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. Banntech does not claim ownership rights on your content. For the sole purpose of granting you the service, you know and agree that we will need to upload your content to our platform, including cloud services, CDN’s, to make display adjustments and perform any other technical actions required.

3.2. Banntech’s Intellectual Property

All rights, title and interest in and to the Banntech Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the Banntech Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Banntech.

Subject to your full compliance with the Banntech Terms and timely payment of all applicable Fees, Banntech hereby grants you, upon creating your User Account and for as long as Banntech wishes to provide you with the Banntech Services, a non-exclusive, non-transferable, non-sub licensable, fully revocable, limited license to use the Banntech Services and Licensed Content, for the purpose of generating and displaying your User Website to End Users and offering your User Products and services therein, solely as expressly permitted under the Banntech Terms, and solely within the Banntech Services.

The Banntech Terms do not convey any right or interest in or to Banntech’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Banntech Terms constitutes an assignment or waiver of Banntech’s Intellectual Property rights under any law.

 3.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the Banntech Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Banntech. By providing such Feedback to Banntech, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third-party rights; (2) irrevocably assign to Banntech any right, title and interest you may have in such Feedback, (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

 

4. Privacy

Certain parts of the Banntech Services (including certain Third-Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Banntech Services, Banntech and such Third-Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Banntech Services and/or User Websites. We encourage you to read our Privacy Policy and each such Third-Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

 

5. Service Fees

5.1. Paid Services

The use of certain Banntech Services may be subject to payment of particular fees, as determined by Banntech in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Banntech will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

Banntech reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Banntech shall have the right to automatically and without notice renew your subscription to such Banntech Service(s) at the full applicable Fee.

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Banntech. To the extent permitted by law (and unless specified otherwise by Banntech in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Banntech Services, or to any payments or purchases made by you. If Banntech is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Banntech is not responsible for any such additional fees or costs.

As part of registering or submitting information to receive Paid Services, you also authorize Banntech (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Banntech or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

5.2. Invoices

Banntech will issue an invoice or credit memo for any payment of Fees or refund made to or by Banntech (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case, may be used for pro forma purposes only.

5.3. Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the Banntech Services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by Banntech in writing). Accordingly, where applicable, Banntech will attempt to automatically renew the applicable Banntech Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with Banntech.

For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Therefore, unless you cancel the applicable Banntech Service(s), Banntech will automatically renew such Service when it comes up for renewal, and charge you the applicable recurring Fees. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.

For information about cancelling your Paid Services, please see Section 6.1 below.

Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Banntech Services you use (whether or not such Banntech Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Banntech Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Banntech Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Banntech in relation to the discontinuation of any Banntech Services or Third-Party Services, for whatever reason.

5.4. Money-Back Guarantee

If you are not satisfied with Banntech Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Banntech Services (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Banntech services which is an upgrading of a free website by purchasing a Premium Plan (as offered on the Banntech Website). The Refund is not applicable to any additional purchases, upgrades, modification or renewals of Banntech Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If Banntech receives such notice within such Refund Period, Banntech will refund to you the amount Banntech charged you for such Banntech Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. Banntech will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any Banntech Services actually received, as permitted by law.

Please note: Certain services purchased on or through the Banntech Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the Banntech Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. Banntech will not refund any amounts paid for non-refundable Paid Services, applications or Third-Party Services.

5.5 Chargebacks

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your Banntech account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Banntech Services may be automatically disabled or terminated.

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third-Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).

Your use of the Banntech Services will not resume until you re-subscribe for any such Banntech Services, and pay any applicable Fees in full, including any fees and expenses incurred by Banntech and/or any Third-Party Services for each Chargeback received (including Fees for Banntech Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

If you have any questions or concerns regarding a payment made to Banntech, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Banntech Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Banntech Services purchased (and charged-back) by you.

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

 

6. Cancellation

6.1 Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any Banntech Services at any time. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

6.2 Cancellation by Banntech

Failure to comply with any of the Banntech Terms and/or to pay any due Fee shall entitle Banntech to suspend (until full payment is made) or cancel your User Account and User Website (or certain features thereof), as well as the provision of any related Banntech Services (e.g., Paid Services) or Third-Party Services to you.

6.3 Loss of Data, Content and Capacity

If your User Account or any Banntech Services or Third-Party Services related to your User Account are cancelled (whether at your request or at Banntech’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Banntech shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Banntech Services following their cancellation, as determined by Banntech in its sole discretion.

 

7. E-Commerce

The Banntech Services also include certain features which enable you to sell goods, content, media and services through your User Website (“User Products”, and collectively – “E-Commerce”).

You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Website, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third-party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;

Any Taxes indicated by the E-Commerce features provided to you by Banntech are solely provided for illustration purposes only, and may not be relied on in any way;

You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;

You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information in your User Website for any questions, complaints or claims; and

You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –

Banntech may, at any time and at its sole discretion, suspend, disable access to or remove your User Website and/or any User Products - whether or not incorporated, published with or made a part of your User Website at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

 

8.Misconduct and Copyrights

8.1 Misconduct and Abuse

When using the Banntech Services, you may be exposed to User Websites, User Content or Third-Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Banntech with respect thereto.

If you believe a User or any Third-Party Services acted inappropriately or otherwise misused any of the Banntech Services, please immediately report such User and/or Third-Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon Banntech, and that Banntech may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

8.2 Copyrights

Banntech acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Banntech to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorised to act on behalf of the owner of a copyright that is allegedly infringed.

 

Banntech’s Copyright Agent can be reached at the following address:

 

Banntech Ltd.

217 Brook Street, Broughty Ferry, Dundee, Scotland, DD5 2AG

Telephone number: 08454 670134

Email: support@banntech.co.uk

 

In the event that Banntech receives notice regarding a copyright infringement related to your User Account or User Website, it may cancel your User Account, take your User Website down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Banntech’s sole reasonable discretion. Banntech reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

 

9. Disclaimer of Warranties

We provide the Banntech Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Banntech Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third-Party Services) mentioned on or made available via the Banntech Services – so please be sure to verify those before using or otherwise engaging them.

Banntech may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Website and/or User Content, at any time and for any reason, with or without notice.

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Banntech be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Banntech Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Banntech shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

You acknowledge that there are risks in using the Banntech Services and/or connecting and/or dealing with any Third-Party Services through or in connection with Banntech Services, and that Banntech cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

Banntech does not recommend the use of the Banntech Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

Please note that certain Banntech Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Banntech Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Banntech Services at this BETA stage signifies your agreement to participate in such Banntech Services’ BETA testing.

 

10. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, Banntech, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Banntech Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Banntech Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Banntech Services; (6) events beyond the reasonable control of Banntech, including any internet failures, equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Banntech Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Banntech’s services to you, and such limitations will apply even if Banntech has been advised of the possibility of such liabilities.

 

11. Indemnity

You agree to defend, indemnify and hold harmless Banntech, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Banntech Terms; (2) your violation of any third party right, including any copyright, property, or privacy right, resulting from your User Website or User Content and/or your use of the Banntech Services; and/or (3) any other type of claim that your User Website and/or User Content caused damage to a third party.

 

12. General

12.1 Changes & Updates

Banntech may change, suspend or terminate any of the Banntech Services (or any features thereof, or prices applicable thereto), and/or change any of the Banntech Terms - at any time and in any manner. Such changes may become effective upon notice to you (and in any event, not in a retroactive manner – except as required otherwise by law). If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Banntech Services without enabling such changes, or provide you with alternative Services.

12.2 Governing Law & Jurisdiction; Class Action Wavier

The Banntech Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Banntech Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Banntech Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with Scottish Law.

Subject to any applicable law, all disputes between you and Banntech shall only be resolved on an individual basis and you shall not have the right to bring any claim against Banntech as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

12.3 Notices

We may provide you with notices in any of the following methods: (1) via the Banntech Services, including by a banner or pop-up within the Banntech Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Banntech’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

12.4 Relationship

The Banntech Terms, and your use of the Banntech Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Banntech and you.

12.5 Entire Agreement

These Terms of Use, together with the Banntech Terms and any other legal or fee notices provided to you by Banntech, shall constitute the entire agreement between you and Banntech concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Banntech and you, including those made by or between any of our respective representatives, with respect to any of the Banntech Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Banntech in entering into any of the Banntech Terms.

12.6 Assignment

Banntech may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Banntech Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Banntech. Any attempted or actual assignment thereof without Banntech’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎13.6 shall not in itself grant either Banntech or you the right to cancel any Banntech Services or Third-Party Services then in effect.

12.7 Severability and Waivers

If any provision of the Banntech Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Banntech Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

12.8 Interpretation

Any heading, caption or section title contained herein is provided only for convenience, and in no way, defines or explains any section or provision hereof, or legally binds any of us in any way.

12.9 Customer Service Contact

To get in touch with our Customer Service - please use any of the options listed below:

Go to Banntech Help Centre which is available at: http://www.banntech.com/pages/contact-us

Send an email message to: support@banntech.co.uk

By Phone: 0845 4670 134