MillGens Website Terms and Conditions

Welcome to MillGens’ website. We are MillGens Limited, a company registered in England under number 12248511 with our registered office address at 47 Marylebone Lane, London, W1U 2NT.

These are our terms and conditions for which govern your use of the www.millgens.com website (MillGens Site). These Terms apply regardless of how you access the MillGens Site.

However you access the MillGens Site, you agree to be bound by these Terms. If you have accessed the MillGens Site from the United States or Australia, you also agree to be bound by the additional terms contained at the end of these Terms.

We may change these Terms from time to time at our sole discretion and without your consent. Please check these Terms regularly as any changes are effective immediately upon posting to the MillGens Site. Please ensure that you review these terms and conditions regularly. If you no longer accept these Terms, or any future modification to these Terms, you must cease using the MillGens Site. Your continued use of the MillGens Site indicates your continued acceptance of these Terms.

You can find the meaning of defined terms at the end of these Terms.

1. Registration

You may access areas of the MillGens Site that require registration by becoming a registered member and creating an account with us. A fee is payable for applying to become a registered member, for membership and to receive the associated services. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account. You must not use a false name or email or provide any false information nor impersonate another person when registering for use of the MillGens Site.

By registering on the MillGens Site, you agree that (i) your account and password are personal to you and may not be used by anyone else to access the MillGens Site; (ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the MillGens Site; and (iii) you will not create registration accounts for the purpose of abusing the functionality of the MillGens Site, or other users, nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others. We may refuse or remove or suspend your registration at any time.

2. Termination of Registration

If you no longer wish to have a registered account, you may terminate your account by contacting us.

If, for any reason, we believe that you have not complied with these Terms we may at any time, at our sole discretion, cancel your access to the registration areas of the MillGens Site immediately and without prior notice and/or permanently or temporarily terminate, suspend or deny your access to the MillGens Site.

We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

3. Access and use of the Site

You may use the MillGens Site for personal non-commercial use only. You acknowledge that, as between MillGens and you, except for third party brand material (as discussed below), MillGens is the sole owner of all content on the MillGens Site, including, without limitation, all applicable copyrights, patents, Trademarks, trade secrets, and other intellectual property rights thereto, as well as MillGens Content and all other text, images, graphics, logos, audio, video and other material appearing on the MillGens Site. The MillGens Site and MillGens Content are protected by the copyright laws and other intellectual property laws of the United Kingdom, the United States and Australia and are protected globally by applicable international copyright treaties.
You may only download and print extracts of MillGens Content for your own personal non-commercial use, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.
At any time without notice and in our absolute discretion, we may remove or edit any MillGens. Content or amend any part of the MillGens Site.

You may not use any MillGens Content for any other purpose without our prior written approval, including:
(i) downloading or printing any MillGens Content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of MillGens Content or content from the MillGens Site; nor
(ii) reproducing, republishing, modifying, archiving, distributing, storing, or commercially exploiting MillGens Content without our prior written consent; nor
(iii) modifying or adapting or creating derivative works of MillGens Content; nor
(iv) utilising links to the MillGens Site; nor
(v) systematically forwarding links to the MillGens Site within a business or outside a business for business purposes; nor
(vi) copying or extracting data from the MillGens Site by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.

At all times when you are accessing, browsing or using or registering for use of the MillGens Site, you must do so lawfully and legitimately and without infringing or restricting anyone else’s rights or use and enjoyment of the MillGens Site. In particular, you must not use the MillGens Site in a manner which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive or in breach of any third party rights (including intellectual property right).

4. Exclusions and limitations of liability

To the extent permitted at law, we do not accept any responsibility for any statement in the MillGens Content or on the MillGens Site. All information and/or data on the MillGens Site is provided on an “as is” basis. Nothing in the MillGens Content is provided for any specific purpose or at the request of any particular person.

In particular, we are not authorised by the Financial Conduct Authority of England. The information and/or data on the MillGens Site is provided by us and our data providers for your general information only and use and is not intended for trading purposes or to address your particular financial or other requirements. In particular, the information and/or data on the Site:
(i) does not constitute any form of advice (financial, investment, tax, medical, legal or otherwise); and
(ii) does not constitute any inducement, invitation or recommendation relating to any of the products listed or referred to; and
(iii) is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions; and
(iv) has not been issued or approved by MillGens for the purposes of section 21 of the Financial Services and Markets Act 2000 (as amended from time to time).

APPROPRIATE EXPERT INDEPENDENT ADVICE SHOULD BE OBTAINED BEFORE MAKING ANY INVESTMENT OR OTHER DECISIONS.

For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the MillGens Content or any part of it. You can access other sites via links from the MillGens Site. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the MillGens Site or the MillGens Content. In particular, we do not warrant that the MillGens Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the MillGens Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

If you are accessing the MillGens Site from the United States or Australia, the additional disclaimers and limitations of liability in Sections 12 and 13 and apply.

5. Third Party Brands

You will see editorial material submitted by third parties on the MillGens Site. Each third party brand is solely responsible for the content of its editorial material. We accept no responsibility for the content of third party material, including, without limitation, any error, omission or inaccuracy therein.

6. Data Protection and Privacy

To find out what personal data we collect and how we process it and the way in which we use cookies on the MillGens Site please visit our Privacy and Cookie Policy.

7. Events

Any event listed as a MillGens Event or a Custom Event is provided by a third party and we shall not be liable to you in any way whatsoever for such event being cancelled or otherwise changing from that listed on the MillGens Site including being rescheduled from the time, date or location shown on the MillGens Site.

The MillGens Site may contain hypertext links to third party websites. Where such links exist, we are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any third party websites linked to the MillGens Site, you do so entirely at your own risk.

8. Indemnity

You agree to defend, indemnify, and hold harmless MillGens and each of its respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these Terms or our Privacy Policy or arising out of a breach of your obligations, representation and warranties under these Terms, including your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our suppliers.

9. Governing Law & Jurisdiction

Any contractual or legal relationship between you and MillGens will be concluded in English.

These Terms are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

10. No Waiver

Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right of MillGens. The rights and remedies of MillGens under these Terms are independent, cumulative and without prejudice to its rights under the law.

Additional Terms Of Use For Users In The United States And Australia

11. DMCA notice for US users

If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the MillGens Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including your name, an address, telephone number, and, if available, an email address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;

MillGens’s designated copyright agent to receive notifications of claimed infringement is: DMCA@MillGens.com. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

12. Additional disclaimers

Visitors to the MillGens Site agree that their use of the MillGens Site is at their own sole risk. The MillGens Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of MillGens Content or the MillGens Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. MillGens also makes no representations and warranties as to any linked sites and MillGens has no liability or responsibility with respect to your use of such sites. In some instances, MillGens Content may represent the opinions and judgments of providers. MillGens does not endorse nor shall it be responsible or liable for the accuracy or reliability of any statement made on the MillGens Site by anyone other than authorised MillGens employees or agents acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by the Millgens Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the MillGens Content or any other content available on the MillGens Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. MillGens does not warrant or guarantee that access to the Millgens Site will be uninterrupted or error-free.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

13. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL MILLGENS INCLUDING, WITHOUT LIMITATION, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE MILLGENS SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE MILLGENS SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 13 APPLIES EVEN IF MILLGENS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, MILLGENS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING MILLGENS’ LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

14. Exclusion of warranties (for Australian users)

The Australian Consumer Law may confer certain rights and remedies on you in relation to the provision by MillGens of goods and services under these Terms. Notwithstanding the disclaimers and limitations of liability in Sections 4, 12 and 13 above, these Terms do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would: (i) contravene the relevant statute; or (ii) cause any part of these terms and conditions to be void and/or unenforceable (“Non-Excludable Obligation”).

Except in relation to Non-Excludable Obligations, all conditions, warranties and other provisions implied or conferred by statute, custom, or the general law that impose any liability or obligation on MillGens are expressly excluded under these terms and conditions.

15. Non-Excludable Obligations (for Australian users)

In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not so limited under these terms and conditions), MillGens’ liability to you for a failure to comply with any Non-Excludable Obligation is limited to: (i) in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; and (ii) in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.


Definitions

MillGens Content” includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the MillGens Site from time to time (including, anything made available for download)

including” and its derivations mean “including, without limitation”

material” includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images

Trade Marks” means the trade marks, logos and service marks (whether or not registered) displayed on the MillGens Site.

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