Terms

Last Updated: 19th November 2013

 

These are the terms and conditions of use for the website at http://www.rankbnb.com (“our website”). Please read them carefully because they form a legal agreement between you and us in relation to access and use of our website.

1. Who we are

We are Anagh Group LLC, a limited liability company registered in the US. Please write to us through our “Contact Us” section for more information.

 

2. What these terms are about

These terms apply to your use of our website. By accessing our website you agree to these terms. If you do not agree to them you should not access our website.

The most current version of these terms is dated above but we may change them from time to time without giving you notice, so please try to read these terms every time you visit our website. By accessing our website after changes are made to these terms you agree to the revised terms.

3. Using our website

We are pleased to provide our website to you for use but you must use our website in an acceptable way. It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of our website. In general, we will not tolerate any use of our website which damages or is likely to damage our reputation, the availability or integrity of our website or which causes us or threatens to cause us to incur any legal, tax or regulatory liability.

We want to make our website a safe and rewarding experience, so we have set out more detail on acceptable and unacceptable use below.

As you might expect, you may only use our website for lawful purposes. For example, you must not use our website:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • to send any unsolicited or unauthorized advertising or promotional material or any other form of unsolicited communication (spam); or
  • to transmit any data, send or upload any material that contains any harmful programs, such as viruses, Trojan horses, worms, or time-bombs.

You also agree not to:

  • reproduce, duplicate, copy or re-sell any part of our website; or
  • access without authority, interfere with, damage or disrupt our website, or any related equipment, network or software.

Content standards

If you contribute material (such as a blog post) to our website, you agree that any material you contribute will:

  • comply with all applicable laws and regulations;
  • be factually accurate and/or will represent your genuinely held belief or opinion;
  • not be defamatory, offensive, hateful or inflammatory; and
  • not infringe confidentiality, or any copyright or intellectual property rights of another person.

You also agree that we can use any content you contribute to our website whenever and wherever we think appropriate.

Our suspension and termination rights

The terms set out in this section 3 are intended to protect us, our website and its users, so a failure to comply with this section constitutes a serious breach of these terms. If we believe you have breached this section 3, we may do any or all of the following (as well as any other action we feel is appropriate):

  • issue a warning to you and ask you to take certain steps to rectify your behavior.
  • suspend your right to access our website, either temporarily or permanently.
  • take legal action against you, including to recover any loss we have suffered due to your actions.
  • disclose information to law enforcement authorities.

4. Violation of these Terms of Use

RankBnB reserves the right to investigate and prosecute violations of any of these Terms of Use to the fullest extent of the law. You acknowledge that RankBnB has no obligation to pre-screen or monitor your access to or use of the website or our Software or any information, materials or other content provided or made available through the RankBnB site, but has the right to do so. You hereby agree that RankBnB may, at its sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Use or that is otherwise objectionable.

5. Product subscriptions through our website

Our website allows you to subscribe for RankBnB products.

6. Other things you need to know about our website

We take steps to ensure that all information we provide on our website about our products is correct and complete at the time of the last update to the relevant page but we do not promise that it will be correct and complete.

We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely.

We will try to ensure that our website is always available to you but we have to be realistic and so we do not promise that our website will be continuously available. We also do not promise that your use of our website will be uninterrupted or error-free, or that our website and server will be free from attack (e.g. from viruses). We recommend that you use your own appropriate virus checking software.

 

7. Community areas of our website (registered users only)

Certain areas of our website are reserved for registered users. Additional terms may apply to those areas, such as specific acceptable use policies or specific terms for subscribing to any products which are available only to registered users.

If you are a registered user, please make sure any information you provide to us is up-to-date and accurate, and let us know of any changes as soon as you can.

You will be responsible for keeping your user name and password confidential and secure and for all use made of your account, whether or not it is used by you or with your authority. Please notify us immediately if you become aware of any unauthorized use or other security breach and always ensure you close your browser at the end of each session.

You may not transfer any rights we grant you as a registered user to anyone else.

 

8. Intellectual property rights

The design and content of our website, and the material published on it, is protected by copyright and is owned by us (©2013) and our licensors. All rights are reserved. We or our licensors retain the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction of our website by any means and in any form, in whole or in part, and to make our website available to the public, and to distribute any copyright protected material in our website (including without limit, any online software or courses). You agree not to copy, adapt, alter or create any derivative work from any material on our website, or to restrict or inhibit the use or enjoyment of our website by anyone else.

We own various trade marks and registered trade marks (the “marks”), a list of which can be obtained from us. You may not use those marks, and/or any third party trade marks that appear on our website, other than as permitted by express written license from the licensor or by law. In particular, but without limit, you may not use the marks as meta-tags and you may not sponsor them in search engines. Please notify us immediately if you become aware of any infringement of the marks.

We or our licensors own all other intellectual property rights in our website.

We may grant you express permissions relating to use of material on our website from time to time but except where we do so, nothing in these terms or on our website confers any license or right to use any material on our website without the prior written approval of the owner, whether that is us or our licensors.

9. What happens if things don’t go as planned?

We will always try to ensure our website and the material on it meets the standards we have promised and that you can use our website as intended in relation to your business. However, because of the nature of our website and the wide range of information and products we provide, sometimes things may go wrong. If we are at fault, we will always try to resolve any problems we have caused, but unfortunately we will not compensate you for any loss or damage you might suffer (of any nature and however caused) in connection with:

  • our website; or
  • your use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it.

Of course, this does not affect our liability for death or personal injury arising from our negligence or our liability for fraud (including fraudulent misrepresentation) in the unlikely event that this should happen, or any other liability which we are not allowed to limit or exclude by law.

10. Cookies

We use cookies on our website (which are small text files which allows our website to “remember” who you are). Further information about cookies, how we use them to store and access information about you and how you can choose to reject cookies can be found in our Privacy Policy.

11. Your personal information

Our website includes areas where you are requested to provide information about yourself. Any personal data you provide to us through our website shall be subject to the terms of our Privacy Policy which also forms part of these terms.

12. General

If a court or other competent authority rules that any of these terms are void or unenforceable in whole or part, the other terms and the remainder of the void or unenforceable term will still be valid.

Nothing in these terms excludes or limits our liability for death or personal injury due to our negligence or our liability for fraudulent misrepresentation.

If you are a consumer, your statutory legal rights are not affected by these terms.

If we fail to exercise or delay in exercising a right or remedy provided by these terms or by law that does not mean we give up those or any other rights or remedies. We reserve the right to exercise those rights or remedies in the future.

These terms and the use of our website and its content shall be governed by and construed in all respects in accordance with English law. We and you agree that the English courts shall have exclusive jurisdiction to settle any claims or proceedings relating to these terms or their subject matter.

 

13. Copyright and Content Ownership

We claim no intellectual property rights over the material you upload to the Software. Your data profile and any Account Content that you upload remains yours.

We do not pre-screen Account Content, but we have the right (but not the obligation) at our sole discretion to refuse or remove any Account Content that you upload to the Software.

The design and content of our website and Software, and the material published on it, is protected by copyright and is owned by us (©2013). All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from us.

14. Intellectual Property and Trade Marks

You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Software. Except as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Software.

We confirm that we have all the rights in relation to the Software that are necessary to grant all the rights we purport to grant under, and in accordance with, the terms of this agreement.

If, however, a third party successfully claims that our Products breach that third party’s intellectual property rights, we will be entitled to replace the Products (or the part in question) free of charge or, at our discretion, refund to you the price of the Products (or a proportionate part of the price), but we are not accountable to you in any other way. In particular, we will not be responsible for any defects or intellectual property rights claims arising from your customisation of the Products or your other instructions.

15. Third party Products and Services

We may provide links on our Website to the websites of other companies. We do not control those companies and so we cannot promise that third party Products and Services which you purchase from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and we do not give any promise about those companies or their Products and Services. We will notify you when a third party is involved in a transaction, and we may disclose your information related to that transaction to the third party seller.

16. Limitation of Liability

This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of any breach of this agreement; any use made by you of the Software and/or any supporting documentation or any part of them; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.

Nothing in this agreement excludes our liability for death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation.

We will not be liable under or in relation to the Contract or its subject matter for any liability, loss or damage (whether arising due to negligence, breach of contract, misrepresentation, or for any other reason excluding fraudulent misrepresentation (in the unlikely event that this should happen)). This means, for example, that we are not liable for:

  • any inaccuracies, errors or omissions in information on our website or in the Software;
  • any loss or damage arising from the use of your credit or debit card on our website;
  • any delay in providing or failing to supply the Products;
  • any loss of profits, loss of business, loss of anticipated savings, loss of sales or turnover, loss of, or damage to reputation, loss of contract, loss of customers, loss of, or loss of use of any software or data, loss of use of any computer or other equipment or plant, wasted management or other staff time, (in each case whether direct or indirect) or any indirect, consequential loss or damage.

Except as set out in any Specific Terms, we exclude all representations and warranties, express or implied, in relation to the Products to the fullest extent permitted by law.

17. Indemnification

You agree to indemnify and hold us, our subsidiaries, affiliates, officers, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Software, use of your Account by any third party, the violation of the terms of use by you, or the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.

18. Disclaimer

The Software and its content are provided “as is” and “as available” without any warranty or representations of any kind, whether expressed or implied.

We are a distributor and not a publisher of the content supplied by third parties; as such, we exercise no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the site.

We do not warrant that all tools, services, data and reports will be accessible 100% of the time, nor do we warrant that we will be able to continue to provide access to all tools, services, data and reports during the term. Some of the tools, services, data and reports are produced by accessing third party data sources and no warranty is expressed or implied that access to these services will be available in the future as such services may be withdrawn or modified at any time and without notice by such third parties.

Without limiting the foregoing, we specifically disclaim all warranties and representations as the publisher of any content transmitted on or in connection with the site or on sites that may appear as links on the site, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by us or any of our subsidiaries, affiliates, employees, officers, directors, agents, or the like shall create a warranty.

19. Events outside our control

Sometimes things happen that are outside our reasonable control, for example, acts of God, adverse weather conditions, strikes and industrial action and failure of our suppliers. Because these things are outside our reasonable control, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by such events. Our performance under any Contract will be suspended for the period of time that the event occurs and we will have an extension of time for performance for the duration of that period of time. We will, of course, try to find a solution to help us to perform the Contract wherever possible.

20. General

These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, relating to the subject matter of any Contract. You and us acknowledge that, in entering into a Contract, neither you or us relies on any statement, representation, undertaking or promise of any person (“Representation”), except as expressly stated in these Terms. Both you and us agree that the only rights and remedies available to you and us arising out of or in connection with any Representation, will be for breach of contract as provided in these Terms, although this does not limit or exclude any liability for fraud.

Any notice which is given under these Terms or a Contract will be given either by Electronic Communication (which, if the notice is given by us, includes by posting notices on our Website), or if by you, by pre-paid recorded delivery, addressed to us at the address in these Terms (see section 1 above) and, if by us, by first class post addressed to you at the address on your Order. Legal proceedings must be served by first class post or pre-paid recorded delivery only and, if to us, addressed to our Legal Team.

Any Electronic Communication will be deemed to be received when the party to whom the Electronic Communication is addressed is able to access it.

If a court or other competent authority rules that any of these Terms or the provisions of a Contract are void or unenforceable in whole or part, the other Terms or provisions of the Contract and the remainder of the void or unenforceable Term or provision of the Contract will still be valid.

If we fail to exercise or delay in exercising a right or remedy provided by these Terms or by the Contract or by law that does not mean we give up those or any other rights or remedies. We reserve the right to exercise those rights or remedies in the future.

Any Contract is binding on you and us and on our respective successors or assigns. You may not transfer a Contract, or any of your rights or obligations arising under it, to any other person without our prior written consent. We may transfer a Contract, or any of our rights or obligations arising under it, to any other person at any time during the term of the Contract.

We may perform any of our obligations or exercise any of our rights ourselves or through any third party provider.

If you are a Consumer, your statutory rights are not affected by these Terms or the terms of a Contract.

These Terms and any Contract will be governed by and construed in all respects in accordance with US laws. We and you agree that the US courts will have exclusive jurisdiction to settle any claims or proceedings relating to these Terms and any Contract or its subject matter.