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TERMS OF USE

Powr of You® is operated by Powr of You Ltd ("Powr of You", "we", "us" and/or "our").

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.powrofyou.com ("Site"), our mobile applications and related services (together with the Site, the "Service(s)"), whether as a guest or a registered user. By using our Services, you indicate that you accept these terms of use and that you agree to abide by them.

If you do not agree to these terms of use, please refrain from using our Services.

The following additional terms also apply to your use of our Services:

We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Services.

Accessing your Site

You confirm that you are at least 18 years of age, or that you have received express consent from your parent or guardian in order to use the Site and, in both cases, that there is no other legal reason why you are prevented or restricted from using Powr of You®.

Access to Powr of You® may be illegal or restricted in certain jurisdictions outside the United Kingdom. It is your responsibility to make sure that your use of Powr of You is not prohibited by law in your own jurisdiction and to comply with any local restrictions which apply.

We are registered in England under company number 08839843 and have our registered office at 10 Fortuna Close, London, N7 8XS.

Registration

By registering to use Powr of You®, you agree that you will: (i) provide true, accurate, current and complete information about yourself as part of the Powr of You registration process and (ii) maintain and promptly update your information to keep it true, accurate, current and complete. You will be required to create a password and you will receive an account designation upon completing the Powr of You registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this section.

Acceptable Use Policy

You agree that all information, data, text or other materials ("User Content") which you submit to Powr of You® is and shall remain your sole responsibility.

We do not control the User Content submitted to Powr of You® and do not guarantee the accuracy, integrity or quality of any such content. You accept that, by using Powr of You, you may be exposed to content that you may regard as offensive, indecent or objectionable. We are not liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via Powr of You.

You undertake not to use Powr of You® to:

Any correspondence or business dealings with, or participation in activities found on or through Powr of You®, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such vendor. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Powr of You®.

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of Powr of You®. When a breach of this policy has occurred, we may take such action, as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of these Terms and may result in our taking all or any of the following actions:

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

You acknowledge and agree that we may preserve content and may, subject to compliance with legislative guidelines regarding personal data, also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with any applicable law; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Powr of You®, its users and the public.

You understand that the technical processing and transmission of Powr of You®, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Interactive Services

We may from time to time provide interactive services on our site, including, but not limited to chat rooms, bulletin boards etc.("Interactive Services").

Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them.

Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Accessing your Services

By using our Services you warrant that you are at least 18 years of age or have received consent from your parent or guardian to use our Services.

Access to our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Services without notice at our reasonable discretion (including where you provide any information that is untrue, inaccurate, not current or incomplete, or where we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete).

From time to time, we may restrict access to some parts of our Services, or our entire Services, to users who have registered with us. We will not be liable if for any reason our Service is unavailable at any time or for any period.

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, and 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 opinion you have failed to comply with any of the provisions of these Terms of Use.

You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these terms, and that they comply with them.

Access to Information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Intellectual Property Rights and Licences

Save as expressly stated in these terms, we are the owner or the licensee of the intellectual property rights on our Services and in the material published by Powr of You®. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

All User Content which you upload or post to Powr of You® shall remain your property and you shall not upload or post any User Content that infringes the intellectual property rights of any party unless you have the permission of the owner. By uploading any User Content to Powr of You, you grant to us a non-exclusive, world-wide, royalty-free, perpetual, non-revocable licence to display and reproduce such User Content, both digitally and in print, without any duty to account to you, provided that such use shall be limited to use for Powr of You's promotional purposes only. All text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in Powr of You (other than User Content) or information presented through Powr of You by us or by advertisers is protected by our or their copyright, trademarks, service marks, patents, or other proprietary rights and laws. We may display images and text throughout Powr of You, including the insertion of sponsor messages into messages distributed on Powr of You mailing lists. Content received through Powr of You may be displayed, reformatted, and printed by you for your personal, non-commercial use only.

Except as we may expressly authorise, you agree not to modify, copy, reproduce, republish, upload, post, transmit, rent, loan, sell, lease, license, sub-license, distribute or create in any way content and/or derivative works from Powr of You®, other than User Content, in whole or in part. You agree not to modify our software in any manner or form, or to use modified versions of our software, whether or not for the purpose of obtaining unauthorised access to Powr of You. You agree not to access Powr of You by any means other than through the interface that is provided by for use in accessing Powr of You. Upon termination of your use of Powr of You, your licence to use Powr of You shall immediately cease. You acknowledge that we make use of third party content and information (Third Party Content) on our Services, and that this Third Party Content may be incorporated within services sold or marketed to you. From time to time, third parties may give notice to us either amending the terms upon which we may use Third Party Content or requesting us to cease making use of it. We reserve our rights in their entirety to respond to such notices or requests as we see fit. You accept this caveat vis-a-vis your terms of use of this Services and we shall have no liability to you, whatsoever or howsoever caused, in respect of any such action of a third party or our response to it.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site. Save as expressly authorised by us, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Services must always be acknowledged.

You must not use any part of the materials on our Services for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Services in breach of these terms of use, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Advertisements and Promotions

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Powr of You®, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall have no liability for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Powr of You.

Our services change regularly

We aim to update our Services regularly, and may change or remove the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our Services may be out of date at any given time, and we are under no obligation to update such material.

Information about you and your visits to our site

We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading material to our site

Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material and, within the parameters of our agreed privacy policy, your personal data for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. By posting material to our Site, you warrant that the posting of such material does not infringe the intellectual property rights of any third party.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.

We have the right to remove any material or posting you make on our Site at our discretion.

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, but 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 from any website that is not owned by you.

Our Site must not be framed on any other website, 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 make any use of material on our Site other than that set out above, please address your request to help@powrofyou.com.

External Links

We may provide, or third parties may provide, links to third party websites or resources. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We have no control over the content or security of such sites and resources and, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and have no liability for any content, advertising, products, services or other materials on or available from such sites or resources or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access linked third-party websites, you do so at your own risk.

Viruses, Hacking and Other Offences

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. 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. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

We will report any breach of this provision 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.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

Disclaimer

Your use of Powr of You® is at your sole risk. Powr of You is provided on an "as is" and "as available" basis and to the fullest extent permitted by law, we make no warranties, express or implied, in relation to your use of Powr of You including, but not limited to, security, warranties of title, merchantability and non-infringement of proprietary or third party rights. We make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.

We accept no liability in respect of, the loss of any or all the data which you upload to our Site. You are therefore strongly advised to keep copies of any data that you upload onto Powr of You®. We are not responsible for the User Content and assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through Powr of You.

We make no warranty that (i) Powr of You® will meet your requirements, (ii) Powr of You will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use Powr of You will be accurate or reliable, (iv) the quality of any information obtained by you through Powr of You will meet your expectations, and (v) any errors in the software will be corrected.

Any material downloaded or otherwise obtained through your use of Powr of You® is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you through or from Powr of You® shall create any warranty not expressly stated in these Terms. We provide information on the Site for informational purposes only. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

Indemnity

You hereby agree to indemnify and to keep indemnified Powr of You Ltd., its officers, directors, employees, partners and agents, against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with your use of our Site (including materials posted by you) or a breach of these Terms of Use.

Limitation of Liability

The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Termination

We may, at our discretion, terminate your password, your account (or any part of your account) or use of Powr of You®, and remove and archive or discard any content within Powr of You for any reason or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. We may also in our sole discretion and at any time stop providing Powr of You, or any part of it, with or without notice. You agree that any termination of your access to Powr of You under any provision of these Terms may take place without prior notice, and you agree that we may immediately deactivate, archive or delete your account and all related information and files in your account and/or prevent any further access to such files or Powr of You. We shall not be liable to you or any third-party for any termination of your access to Powr of You.

General

These Terms together with our Privacy Policy constitute the entire agreement between us in relation to your use of our website. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Contact

If you have any concerns about material which appears on our Site, please contact info@powrofyou.com.

Thank you for visiting our site.