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Website Terms of Use

Wealth Objects Limited is a company registered in England and Wales under company number 09191439, with its registered office at 32 Threadneedle Street London EC2R 8AY and with VAT number GB 221228159 (the “Company“). The Company operates the GAINNS (the “Platform“) on the website GAINNS.com (the “Website“).
1.              Understanding these terms of use
1.1            These terms of use (these “Terms“) describe how you may access and use the Website.
1.2            When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms“). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.3            In these Terms, when we refer to “we“, “us” or “our“, we mean the Company; and when we refer to “you” or “your” we mean:
1.3.1              you, the person accessing or using the Website; and
1.3.2             where applicable, the business on whose behalf you are acting.
1.4            Please note, however, that certain functions made available on the Website are governed by additional terms and conditions, including the subscription terms for the Platform.
1.5            In addition to clause 1.4 above, please note that:
1.5.1             the Website uses cookies, the use of which are governed by our cookies policy (available GAINNS.com/cookie-policy); and
1.5.2             we only use your personal information in accordance with our privacy policy (available GAINNS.com/privacy-policy).


2.              The Website
2.1            The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
2.2            You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
2.3            The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.


3.              Your account and password
3.1            You will need to register an account with us on the Website in order to access certain services available on the Website (“Account“). In order to register for an Account, you must be aged 18 or over. If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat the password as confidential and you must not disclose it to any third party.
3.2            We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
3.3            If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at support@GAINNS.com.
3.4            You are responsible for any unauthorised use of your Account login details.


4.              Acceptable use
General
4.1            You agree not to:
4.1.1             use the Website in any way that breaches these Terms or any applicable local, national or international law or regulation;
4.1.2             copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms; or
4.1.3             do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.
User Generated Content
4.2            If it is the case that you supply/upload any content to the Website – whether it be pictures, text, sound recordings or whatever – the content you supply (“User Generated Content“) must comply with the following rules:
4.2.1             it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
4.2.2             it must not harass or bully another person;
4.2.3             it must be true and honest so far as you know;
4.2.4             it must not be defamatory of anyone;
4.2.5             it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
4.2.6             it must not contain someone else’s personal details or confidential information relating to other people; and
4.2.7             it must not promote or condone terrorism, violence or illegal behaviour.
4.3            We reserve the right to refuse to accept, refuse or cease to use or to take down, without notice, any User Generated Content supplied by any person that we think contravenes these rules.
4.4            In addition, we may from time to time provide interactive services on the Website that shall enable you to upload User Generated Content, including, without limitation:
4.4.1             comment facilities;
4.4.2             chat rooms; and/or
4.4.3             bulletin boards,
(together “Interactive Services“).
4.5            Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered.
4.6            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. Minors who are using any Interactive Service should be made aware of the potential risks to them.
4.7            We do not oversee, monitor or moderate any User Generated Content or the Interactive Services.  If you become aware of any User Generated Content that breaches clause 4.2 above, please contact us on support@GAINNS.com, providing details of: (i) the date on which it was posted and where it can be found on the Website; (ii) the username of the person who posted it; (iii) reasons why the content should be deleted; and (vi) copies of any communication with the person who posted it (if any).
Viruses
4.8            We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
4.9            You must not misuse the Website 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 the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website 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 the Website will cease immediately.


5.              Intellectual property
5.1            We are the owner or licensee of all intellectual property rights in the Website and its content and the company name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
5.2            You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms.
5.3            Save as permitted by any subscription terms for the Platform, no part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used without our prior written consent.
5.4            Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.


6.              Our liability
6.1            Nothing in these Terms excludes or limits our liability for:
6.1.1             death or personal injury caused by our negligence;
6.1.2             fraud or fraudulent misrepresentation; and
6.1.3             any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
6.2            We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
6.3           Subject to clause 6.1:
6.3.1            in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise; and
6.3.2            our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.
6.4           You shall indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of any breach of these Terms.
6.5           This website is not intended for domestic use. However, if you are acting for purposes that are wholly or mainly outside you trade, business, craft or profession when accessing the Website, nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.


7.              Suspension and termination
7.1            If you breach any of these Terms, we may immediately do any or all of the following (without limitation):
7.1.1             issue a warning to you;
7.1.2             temporarily or permanently remove any User Generated Content uploaded by you to the Website;
7.1.3             temporarily or permanently withdraw your right to use the Website;
7.1.4             suspend or terminate your Account;
7.1.5             issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
7.1.6             take further legal action against you; and/or
7.1.7             disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.


8.              Changes to these Terms
8.1            We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Website.


9.              Other important information
9.1            Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
9.2            If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.


10.            Governing law and jurisdiction
10.1         These Terms are governed by the laws of England and Wales.  This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law. 
10.2         The courts of England and Wales will have exclusive jurisdiction over any disputes between you and us (including non-contractual disputes or claims).
10.3         The Website is not intended for domestic use. However, if  you are acting for purposes that are wholly or mainly outside you trade, business, craft or profession when accessing the Website, nothing in these Terms, including clause 10.1, affects your rights as a consumer to rely on such mandatory provisions of local law.


11.            Contacting us
Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by using the following details:
Address:                                 32 Threadneedle Street London EC2R 8AY
Email address:                        support@GAINNS.com

Thank you.