Terms & Conditions

POW THAT LIMITED

WEBSITE TERMS AND CONDITIONS

These Terms were last updated on 27 June 2020.

1. Who we are

We are Pow That Ltd, a company incorporated and registered in England and Wales with company number 11955369. Our registered office is at 10th Floor Met Building, 22 Percy Street, London, United Kingdom, W1T 2BU (“we“, “our“, or “us“).

• These Terms
  • Please read these Terms carefully prior to using the Website. By using the Website you will be deemed to have understood and accepted these Terms, which form a legally binding agreement between you and us. If you do not agree to these Terms, please do not use the Website.
  • In these Terms, you will see capitalised words and phrases. These capitalised words and phrases are defined terms – this means that they have specific meanings. The first time a defined term is used, you will see it in brackets and in bold (for example where we have defined “Terms” and “Website” in clause 2.1).
  • We recommend that you print a copy of these Terms for your future reference.
• Privacy Policy and Cookies Policy

The following additional documents also apply to your use of the Website:

• our privacy policy (the “Privacy Policy”), which sets out the terms on which we process any personal data we collect from you or that you provide to us via the Website; and

• our  cookies policy (the “Cookies Policy“), which sets out information about the cookies on the Website. You must ensure that you have read and understood the Privacy and Cookies Policies before you provide us with any personal data.
• Changes to these Terms
  • At any time, we may amend these Terms to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience of using and interacting with the Website.
  • Please check this page from time to time to take notice of any changes we have made. If we make any material changes to these Terms, we will post the updated Terms on the Website. By continuing to use the Website after changes are made, you are accepting those changes and will be bound by them.
  • The date that these Terms were last modified can be found at the top of these Terms.
• About the Website
  • The Website allows users to browse a range of comic books and comic-related collectable items, which are available to purchase via our online marketplace.
  • Users of the Website can also sign up to be a seller and advertise comic books and collectables for sale via our online marketplace.
  • Separate terms and conditions apply to any purchases you make via the Website and to any items you wish to sell via the Website. These terms and conditions can be found at [insert link to marketplace terms and conditions] and govern all use of the online marketplace made available on the Website.
• Use of the Website

• We may decide to offer additional Website functions, or cease to provide any Website functions, at any time. We may also update and change the Website from time to time.
  • If you choose to sign up to receive newsletters or other information or alerts via the Website, you will be required to provide your email address to us for this purpose. Please refer to our Privacy Policy for more information on how we process your personal data.
  • 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. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
• • You may use the Website only for personal and lawful purposes. In particular, but without limitation, you agree not to:
    • use the Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
    • bully, insult, intimidate or humiliate any person;
    • reproduce, duplicate, copy, share, or re-sell any part of the Website in contravention of these Terms;
    • use the Website in any way which infringes the intellectual property or privacy rights of any person or company;
    • 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 the Website; or
    • access without authority, interfere with, damage or disrupt (a) any part of the Website; (b) any equipment or network on which the Website is stored; (c) any software used in the provision of the Website; or (d) any equipment, network or software owned or used by any third party,

(together the “Acceptable Use Restrictions”).

•  User-generated Content
  • The Website may include information and materials uploaded by other users of the Website, including without limitation to bulletin boards and forums. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.
  • If you wish to complain about content uploaded by other users, please contact us on contactus@pow.chcdigital.com
• How you may use material on the Website
  • We are the owner or licensee of all intellectual property rights on the Website, and in the material published on it. Those works are protected by copyright laws and treaties across the world. All such rights are reserved.
  • You acknowledge and agree that:
    • you may print off one copy, and may download extracts, of any page(s) from our site for your personal use only;
    • 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 content on the Website must always be acknowledged;
    • you shall not use any part of the content for commercial purposes without first obtaining a licence to do so from us and/or our licensors; and
    • if you print off a copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
• Websites we link to

The Website may contain links to third party websites and/or resources. These links are provided for your information only. Any linked websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.

1. Linking to our Website
   1. 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.
   1. 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, or in any website that is not owned by you.
   1. You must not frame our Website on any other site, nor create a link to any part of the Website other than the home page.
   1. We reserve the right to withdraw permission to link to our Website at any time and without notice.
2. Computer viruses
   1. We do not guarantee that the Website will be secure or free from bugs or viruses.
   1. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
   1. To the fullest extent permitted by law, we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Website.
3. Termination of your rights
   1. We may terminate or suspend your rights under these Terms immediately and without notice if:
      1. you have breached any of the Acceptable Use Restrictions;
      1. we believe that your use of the Website is unsuitable in any way; or
      1. you are otherwise in breach of these Terms.
   1. If we terminate your rights under these Terms you must immediately stop all activities authorised by these Terms, including your access to and use of the Website. It is important to understand that you do not have any contractual right to continue to use the Website, including to sell or buy on our online marketplace.
4. No reliance on information
   1. All information published on or via the Website is for general information only. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk.
5. Our responsibility for loss or damaged suffered by you
   1. We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
   1. We provide the Website for domestic and private use only. You agree not to use Website for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
   1. If the Website damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice or for damage that was caused by you failing to have in place the minimum system requirements and anti-virus software.
   1. Except as set out in the paragraph above, you accept and agree we will not be liable for any harmful effect that accessing the Website may have on you, and you agree that you access the Website and at your own risk.
6. Communications between us
   1. If you wish to contact us for any reason, you can do so by e-mail at contactus@pow.chcdigital.com.
   1. We provide further information about why we may contact you within our Privacy Policy.
   1. You may opt out of the email newsletter at any time by using the “unsubscribe” link provided.  
7. Other important terms
   1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
   1. If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
   1. Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
   1. These Terms are governed by English law and the courts of England and Wales have non-exclusive jurisdiction.