The COMBATERRA Platform

These Terms & Conditions (“Terms of Use”) contain the terms and conditions in accordance with which we provide all our services to our Users (as defined below). The term “Platform” includes our website at www.combaterra.com, as well as any other applications, products or services we provide. The terms “COMBATERRA”, “us” or “we” refer to “COMBATERRA Limited” a company registered in England & Wales under number ​11171561​ and whose head offices are at 100 Pall Mall, London, SW1Y 5NQ. The term “Device” refers to any device used by any person in order to access the Platform. The term “You” refers to the user of the Platform.

“Users” is our collective term to refer to all those that access the Platform. Whenever a User participates in or makes an order for any services or otherwise uses or accesses the Platform, that User does so on the basis that he or she agrees to be bound by these Terms of Use along with any and all policies and/or other terms that are referred to below.

At appropriate times you will be asked to click “I accept” prior to accessing or performing a purchase on our Platform.

All correspondence to COMBATERRA including any queries you may have regarding your access to the Platform should be sent to our contact email address support@combaterra.com.

Terms and Conditions

These Terms of Use and the Privacy Policy or other terms referred to below, set out the whole agreement between You and COMBATERRA for the supply of our services through or on any Device. If any additional terms apply to a User’s interaction with us, we will notify the User of this and those additional terms are hereby incorporated into these Terms of Use.

Changes to Terms of Use

We endeavour to give all Users notice of any changes and allow you to cancel any services without penalty before the changed Terms of Use affect you or your enjoyment of the Platform. However we reserve the right to revise and amend these Terms of Use at any time without notice to any User in order to reflect for example: changes in market conditions affecting our business, changes in technology and technological capabilities, changes in payment methods, changes in relevant laws and regulatory requirements. To the extent these changes will impact you we will inform of these changes.

Becoming a User

Having successfully signed up to our Platform you become a User. To do this you go to the registration section of the Platform and submit your registration details to be used to access your account (i.e. name, email, password). You are responsible for maintaining the confidentiality of your account and password and for appropriately restricting access to the Device you use to access to the Platform.

In the course of your use of the Platform, you may be asked to provide certain personalised information to us. Please refer to our ​Privacy Policy​ for more details on this.

By joining COMBATERRA, Users warrant that they:

1. Are legally capable of entering into binding contracts;
2. Are at least 16 years old and if younger than 18 years old, that they are acting with the consent of a parent, guardian, authorised school official or counsellor;
3. Are only submitting information that is truthful and accurate;
4. Will maintain the accuracy of such information; and
5. Their use of our Platform does not breach any applicable law or regulation.

Use of COMBATERRA by minors

“Minors” are considered to be children between the ages of 4 and 18 or the age of majority in their jurisdiction of residence. Minors may use our Platform but we recommend that use by Minors be with the guidance and support of a parent, guardian, authorised school official or other qualified adult. If you are a parent or guardian and you allow your Minor to use any of our Platform, you agree to be liable for the Minor’s use of the Platform and consequently by these Terms of Use. Children under the age of 4 are not permitted to use our Platform.

Cancellation by us

We may suspend or terminate any User’s use of or access to the Platform as a result of your fraud or breach of any obligation under these Terms of Use. Such termination or suspension may be immediate and without notice. A breach of these Terms of Use, includes without limitation, the unauthorised access, copying or download of our media content from the Platform.

Promotion codes

Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new Users, except where expressly stated otherwise. Previous Users do not qualify as a new user.

Acceptable use policy

Prohibited Uses

You may use our Platform only for lawful purposes. You may not use our Platform:

• In any way that breaches any applicable local, national or international law or regulation including the laws of intellectual property rights.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of this Terms of Use.
• Not to access without authority, interfere with, damage or disrupt:
  • any part of our Platform;
  • any equipment or network on which our Service are stored;
  • any software used in the provision of our Platform; or
  • any equipment or network or software owned or used by any third party.

Content standards

These content standards apply to any and all content created by a User. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any content as well as to its whole.

Content must:

• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with applicable law in the UK and in any country from which it is posted.

Content must not:

• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trademark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination of the Platform

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. 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 the Terms of Use which govern the permitted use of our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

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.

Intellectual property rights

We do not claim any ownership rights in User Content. Be aware that COMABTERRA has no control over User Content once it leaves the Platform, and it is possible that others may duplicate material found on the Platform, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Content. You agree to indemnify CombaTerra and its affiliates for all claims arising from or in connection with any claims to any rights in User Content or any damages arising from such content.

The Platform contains or embody copyright material, proprietary material or other intellectual property of CombaTerra or its licensors. All right, title and ownership in the Platform remains with CombaTerra or its licensors, as applicable. The rights to use the Platform are licensed to you and are not being sold to you, and you have no rights in it other than to use it in accordance with this License Agreement and our other Terms.

You agree that you will not and you will not assist or permit any third party to:

• Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Platform in any way, or create derivative works of the Platform;
• Use the Platform or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
• Rent, lease, loan, make available to the public, sell or distribute the Platform in whole or in part;
• Tamper with the Platform or circumvent any technology used by CombaTerra or its licensors to protect any content accessible through the Platform;
• Circumvent any territorial restrictions applied to the Platform; or
• Use the Platform in a way that violates this License Agreement or the other Terms.

You may not make the Platform available to the public.

The Platform is made available (in whole or in part) are owned by CombaTerra or its licensors and your use of them must be in accordance with these Terms of Use.

Availability of services

Although we aim to offer you the best service possible, we make no promise that the Platform will meet your requirements and we cannot guarantee that the Platform will be fault free at all times. If a fault occurs in the Platform, please report it to us at support@combaterra.com and we will correct the fault as soon as we reasonably can. If the need arises, we may suspend access to the Platform while we address the fault. We will not be liable to you if the Platform are unavailable for any period of time.

Your access to the Platform may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or the Platform. We will restore the the Platform as soon as we reasonably can. In the event that the Platform are unavailable, please notify us via our email support@combaterra.com.

Links to websites/services

We may provide links to other websites or services for Users to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

You must not establish a link from any website that is not owned by you to www.combaterra.com and the Platform must not be framed on any other website, nor may you create a link to any part of the www.combaterra.com or the Platform unless you have written permission to do so from CombaTerra. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the acceptable use policy set out above. If you wish to make any use of material on www.combaterra.com or the Platform other than that set out above, please address your request to support@combaterra.com.

Services disclaimer

The information contained on the Platform is for general information purposes only. While we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Platform or the information contained on the Platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Assignment by us

COMBATERRA may transfer its rights and obligations under these Terms of Use to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms of Use to anyone else. These Terms of Use are personal to you and no third party is entitled to benefit under these Terms of Use except as set out herein.

Indemnity by you

You agree to defend, indemnify and hold COMBATERRA and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Platform, your placement or transmission of any message, content, information, software, or other submissions through the Platform, or your breach or violation of the law or of these Terms of Use. COMBATERRA reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with COMBATERRA defence of such claim.

Warranties and limitations

1. We warrant to you that any Service purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.
2. We warrant that we will use reasonable skill and care in making the Platform available to you during your use.
3. Nothing in this sections or otherwise in these Terms of Use shall exclude or in any way limit COMBATERRA’s liability for: fraud; or death or personal injury caused by its negligence; or liability to the extent the same may not be excluded or limited as a matter of law.
4. The Platform and its content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of the Platform or their content. We assume no liability or responsibility for any errors or omissions in the content of the Platform, or any failures, delays, or interruptions in the provision of the Service. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Platform to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Platform. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Platform. We make no warranties or representations that your use of content and information posted on the Platform will not infringe rights of third parties.
5. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.

Applicable law

Your use of the Platform is governed by these Terms of Use and these shall be construed and be subject to in all respects the laws of England & Wales. Disputes arising from or in connection with use of our Platform are subject to the exclusive jurisdiction of the English courts.

No waiver

If we delay exercising or fail to exercise or enforce any right available to us under these Terms of Use, such delay or failure does not constitute a waiver of that right or any other rights under these Terms of Use.

Force majeure

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Platform, or for any failure or delay by us to comply with these Terms of Use, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

Interpretation

In these Terms of Use, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Platform, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Platform. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given to COMBATERRA at info@combaterra.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified herein above. Notice will be deemed received and properly served immediately when posted on the Platform or when an email is sent. In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.

Severability

If any court or competent authority decides that any of the provisions of these Terms of Use are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.

Entire agreement

These Terms of Use and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.

Third party rights

A person who is not party to these Terms will not have any rights under or in connection with these Terms.

Our liability

We will use reasonable endeavours to remedy faults in the Platform. If we fail to comply with these Terms, we will be liable to you only for the purchase price of the Service in question. In addition, we will not be liable for:

• Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).
• Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Website or any other Service, or from transmissions via emails or attachments received from us.
• Any use of websites linked to the Website or the Platform but operated by third parties.

In no event, including but not limited to negligence, shall COMBATERRA or its affiliates, suppliers, clients, or licensors (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto, your provision of information via the Platform, or lost business or lost sales, or any errors, viruses or bugs contained in the Platform, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platform. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms of Use or your use of the Platform exceed, in the aggregate, the amount, if any, paid by you to COMBATERRA for your use of the Platform during the previous 12 months. Thank you for taking the time to read our terms and conditions – we know they’re long and boring but they are a necessary part of us setting out and fulfilling our commitment to you. These Terms of Use are effective and were last updated 25 November 2018.