Privacy Policy

 

  1. Introduction

1.1 We are committed to safeguarding the privacy of our website visitors and service users.

1.2 This policy applies where we are acting as a data controller with respect to the personal data of our users; in other words, where we determine the purposes and means of the processing of that personal data.

1.3 We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of MBM UK, we will ask you to consent to our use of cookies when you first visit our website.

1.4 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. You can access the privacy controls via [URL].

1.5 In this policy, “we”, “us” and “our” refer to MBM UK. (For more information about us, see Section 12.)

  1. How we use your personal data

2.1 In this Section 2 we have set out:

(a) the general categories of personal data that we may process;

(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(c) the purposes for which we may process personal data; and

(d) the legal bases of the processing.

2.2 We may process data about your use of our website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is [our analytics tracking system]. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is consent OR our legitimate interests, namely monitoring and improving our website and services.

2.3 We may process your data (“account data“). The account data may include your name and email address. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

2.4 We may process information that you post for publication on our website or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

2.5 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or the taking steps, at your request, to enter into such a contract.

2.6 We may process information relating to transactions, including purchases of goods and/or services, that you enter into with us and/or through our website (“transaction data“). The transaction data may include your contact details, your card details and the transaction details. The source of the transaction data is you and/or our payment services provider. The transaction data may be processed for the purpose of supplying the purchased goods and/or services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract; providing that, if you are not the person contracting with us, the legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

2.7 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent OR our legitimate interests, namely communications with our website visitors and service users OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

2.8 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.9 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

2.10 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2.11 Please do not supply any other person’s personal data to us, unless we prompt you to do so.

  1. Providing your personal data to others

3.1 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

3.2 Your personal data held in our website database will be stored on the servers of our hosting services providers identified at [URL].

3.3 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

  1. International transfers of your personal data

4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

4.2 The hosting facilities for our website are situated in [specify countries]. The European Commission has made an “adequacy decision” with respect to the data protection laws of each of these countries. Transfers to each of these aforementioned countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.

4.3 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

  1. Retaining and deleting personal data

5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

5.3 We will retain your personal data as follows:

(a) usage data will be retained for a minimum period of [period] following the date of collection, and for a maximum period of [period] following that date;

(b) account data will be retained for a minimum period of [period] following the date of closure of the relevant account, and for a maximum period of [period] following that date;

(c) publication data will be retained for a minimum period of [period] following the date when the relevant publication ceases to be published on our website or through our services, and for a maximum period of [period] following that date;

(d) enquiry data will be retained for a minimum period of [period] following the date of the enquiry, and for a maximum period of [period] following that date;

(e) transaction data will be retained for a minimum period of [period] following the date of the transaction, and for a maximum period of [period] following that date; and

(f) notification data will be retained for a minimum period of [period] following the date that we are instructed to cease sending the notifications, and for a maximum period of [period] following that date (providing that we will retain notification data insofar as necessary to fulfil any request you make to actively suppress notifications).

5.4 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

  1. Your rights

6.1 In this Section 6, we have listed the rights that you have under data protection law.

6.2 Your principal rights under data protection law are:

(a) the right to access – you can ask for copies of your personal data;

(b) the right to rectification – you can ask us to rectify inaccurate personal data and to complete incomplete personal data;

(c) the right to erasure – you can ask us to erase your personal data;

(d) the right to restrict processing – you can ask use to restrict the processing of your personal data;

(e) the right to object to processing – you can object to the processing of your personal data;

(f) the right to data portability – you can ask that we transfer your personal data to another organisation or to you;

(g) the right to complain to a supervisory authority – you can complain about our processing of your personal data; and

(h) the right to withdraw consent – to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

6.3 These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.

6.4 You may exercise any of your rights in relation to your personal data by written notice to us, via email (myk@mykbaxtermarketing.com) or post ( MBM UK, Mill House, Railway Road, IIkley, LS29 8HT or MBM UK, 2 Peel Court, St Cuthberts Way, Darlington, DL1 1GB)

 

 

  1. About cookies

7.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

7.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

7.3 Cookies do not typically contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.

  1. Cookies that we use

8.1 We use cookies for the following purposes:

(a) Authentication and status – we use cookies to identify you when you visit our website and as you navigate our website, and to help us determine if you are logged into our website. (cookies used for this purpose are: [identify cookies]);

(b) Personalisation – we use cookies to store information about your preferences and to personalise our website for you. (cookies used for this purpose are: [identify cookies]);

(c) Security – we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally. (cookies used for this purpose are: [identify cookies]);

(d) Advertising – we use cookies to help us to display advertisements that will be relevant to you. (cookies used for this purpose are: [identify cookies]);

(e) Analysis – we use cookies to help us to analyse the use and performance of our website and services. (cookies used for this purpose are: [identify cookies]); and

(f) Cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally. (cookies used for this purpose are: [identify cookies]).

  1. Cookies used by our service providers

9.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

9.2 We use Google Analytics. Google Analytics gathers information about the use of our website by means of cookies. The information gathered is used to create reports about the use of our website. You can find out more about Google’s use of information by visiting https://www.google.com/policies/privacy/partners/ and you can review Google’s privacy policy at https://policies.google.com/privacy.

9.3 We publish Google AdSense advertisements on our website, together with advertisements from the following advertisers and advertising networks that are distributed by Google: [identify and provide links to advertisers and networks]. The advertisements may be personalised to reflect your interests. To help determine your interests Google and its partners use cookies. The cookies are used to track your previous visits to our website and your visits to other websites. You can opt out of Google’s personalised advertising by visiting https://www.google.com/settings/ads and you can opt out of third party cookies use for personalised advertising by visiting http://www.aboutads.info. You can review Google’s privacy policy at https://policies.google.com/privacy.

9.4 We use a Facebook pixel on our website. Using the pixel, Facebook collects information about the users and use of our website. The information is used to personalise Facebook advertisements and to analyse the use of our website. To find out more about the Facebook pixel and about Facebook’s use of personal data generally, see the Facebook cookie policy at https://www.facebook.com/policies/cookies/ and the Facebook privacy policy at https://www.facebook.com/about/privacy. The Facebook cookie policy includes information about controlling Facebook’s use of cookies to show you advertisements. If you are a registered Facebook user, you can adjust how advertisements are targeted by following the instructions at https://www.facebook.com/help/568137493302217.

  1. Managing cookies

10.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a) https://support.google.com/chrome/answer/95647 (Chrome);

(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c) https://help.opera.com/en/latest/security-and-privacy/ (Opera);

(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e) https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and

(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

10.2 Blocking all cookies will have a negative impact upon the usability of many websites.

10.3 If you block cookies, you will not be able to use all the features on our website.

  1. Amendments

11.1 We may update this policy from time to time by publishing a new version on our website.

11.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

11.3 We may notify you of significant changes to this policy by email.

  1. Our details

12.1 This website is owned and operated by MBM UK (Myk Baxter Marketing).

12.2 We are registered in England under registration number [number], and our registered office is at MBM UK, Mill House, Railway Road, IIkley, LS29 8HT.

12.3 Our principal place of business is at MBM UK, Mill House, Railway Road, IIkley, LS29 8HT.

12.4 You can contact us:

(a) By post, to MBM UK, Mill House, Railway Road, IIkley, LS29 8HT or MBM UK, 2 Peel Court, St Cuthberts Way, Darlington, DL1 1GB. 

(b) Using our website contact form by visiting: [URL];

(c) By telephone, on +44 20 7097 5392 and +44 113 328 0373; or

(d) By email, myk@mykbaxtermarketing.com.

  1. Data protection officer

13.1 Our data protection officer’s contact details are: Myk Baxter (myk@mykbaxtermarketing.com).

 

Website terms and conditions
 

Terms and conditions of use

 

  1. Introduction
  2. 1.1 These terms and conditions shall govern your use of our website.

    1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

    1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

  3. Copyright notice
  4. 2.1 Copyright (c) MBM UK.

    2.2 Subject to the express provisions of this notice:

    (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

    (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

  5. Permission to use website
  6. 3.1 You may:

    (a) view pages from our website in a web browser;

    (b) download pages from our website for caching in a web browser;

    (c) print pages from our website;

    (d) stream audio and video files from our website; and

    (e) use Myk Baxter Marketing online services by means of a web browser, subject to the other provisions of this notice.

    3.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.

    3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

    3.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.

    3.5 Unless you own or control the relevant rights in the material, you must not:

    (a) republish material from our website (including republication on another website);

    (b) sell, rent or sub-license material from our website;

    (c) show any material from our website in public;

    (d) exploit material from our website for a commercial purpose; or

    (e) redistribute material from our website, save to the extent expressly permitted by this notice.

  7. Feeds
  8. 4.1 You may access our RSS feed using any compatible feed reader or aggregator.

    4.2 By accessing our feeds, you accept these terms and conditions.

    4.3 Subject to your acceptance of these terms and conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our feeds in unmodified form on any non-commercial website owned and operated by you, providing that you must not aggregate any of our feed content with any third party feed when displaying it in accordance with this Section 4.3.

    4.4 It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where our feed content is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).

    4.5 We may revoke any licence relating to our feeds or feed content at any time, with or without notice.

  9. Social media platforms
  10. 5.1 Our website includes features that enable users to interact with social media platforms – including Facebook, Instagram, Twitter, YouTube, LinkedIn – directly from our website.

    5.2 Using the social media features on our website, you may:

    (a) share data or content from our website; and

    (b) like or upvote content from our website.

    5.3 You acknowledge that the use of the social media platforms is subject to the terms and conditions of the relevant platform operator and that the use of any personal data transferred to the platforms is subject to the privacy policy or notice of the relevant platform operator.

    5.4 Subject to Section 14.1, we will not be liable to you for any loss or damage arising out of:

    (a) your use of any social media platform; and

    (b) any act or omission of any social media platform operator.

    5.5 When using social media features on our website or browsing pages on our website that incorporate social media features, the social media platforms may collect information about you and your use of our website and those features, including by means of cookies. For more information about these cookies and the use of personal data collected by us and by the platforms, see our privacy and cookies policy.

  11. Misuse of website
  12. 6.1 You must not:

    (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

    (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

    (c) hack or otherwise tamper with our website;

    (d) probe, scan or test the vulnerability of our website without our permission;

    (e) circumvent any authentication or security systems or processes on or relating to our website;

    (f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

    (g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

    (h) decrypt or decipher any communications sent by or to our website without our permission;

    (i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

    (j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

    (k) use our website except by means of our public interfaces;

    (l) violate the directives set out in the robots.txt file for our website;

    (m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

    (n) do anything that interferes with the normal use of our website.

    6.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

    6.3 You must ensure that all the information you supply to us through our website, or in relation to our website is true, accurate, current, complete and non-misleading.

  13. Our rights to use your content
  14. 7.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

    7.2 You grant to us a non-exclusive licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.

    7.3 You grant to us the right to sub-license the rights licensed under Section 10.2.

    7.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 10.2.

    7.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

    7.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

    7.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  15. Rules about your content
  16. 8.1 You warrant and represent that your content will comply with these terms and conditions.

    8.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

    8.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

    (a) be libellous or maliciously false;

    (b) be obscene or indecent;

    (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

    (d) infringe any right of confidence, right of privacy or right under data protection legislation;

    (e) constitute negligent advice or contain any negligent statement;

    (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

    (g) be in contempt of any court or in breach of any court order;

    (h) be in breach of racial or religious hatred or discrimination legislation;

    (i) be untrue, false, inaccurate or misleading;

    (j) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

    (k) constitute spam;

    (l) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

    (m) cause annoyance, inconvenience or needless anxiety to any person.

    8.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

    8.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

    8.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

    1. Report abuse

    9.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

    9.2 You can let us know about any such material or activity by email (myk@mykbaxtermarketing.com).

    1. Limited warranties

    10.1 We do not warrant or represent:

    (a) the completeness or accuracy of the information published on our website;

    (b) that the material on the website is up to date;

    (c) that the website will operate without fault; or

    (d) that the website or any service on the website will remain available.

    10.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

    10.3 To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  17. Limitations and exclusions of liability
  18. 11.1 Nothing in these terms and conditions will:

    (a) limit or exclude any liability for death or personal injury resulting from negligence;

    (b) limit or exclude any liability for fraud or fraudulent misrepresentation;

    (c) limit any liabilities in any way that is not permitted under applicable law; or

    (d) exclude any liabilities that may not be excluded under applicable law.

    11.2 The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions: 

    (a) are subject to Section 14.1; and

    (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

    11.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

    11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

    11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

    11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

    11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  19. Indemnity
  20. 12.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

  21. Breaches of these terms and conditions
  22. 13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: 

    (a) send you one or more formal warnings;

    (b) temporarily suspend your access to our website;

    (c) permanently prohibit you from accessing our website;

    (d) block computers using your IP address from accessing our website;

    (e) contact any or all of your internet service providers and request that they block your access to our website;

    (f) commence legal action against you, whether for breach of contract or otherwise; and/or

    (g) suspend or delete your account on our website.

    13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  23. Third party websites
  24. 14.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

    14.2 We have no control over third party websites and their contents, and subject to Section 14.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  25. Trade marks
  26. 15.1 MBM UK, Myk Baxter Marketing, our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

    15.2 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

  27. Competitions
  28. 16.1 From time to time we may run competitions, free prize draws and/or other promotions on our website.

    16.2 Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).

  29. Variation
  30. 17.1 We may revise these terms and conditions from time to time.

    17.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

    17.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

  31. Assignment
  32. 18.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 

    18.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 

  33. Severability
  34. 19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

    19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

  35. Third party rights
  36. 20.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

    20.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  37. Entire agreement
  38. 21.1 Subject to Section 14.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  39. Law and jurisdiction
  40. 22.1 These terms and conditions shall be governed by and construed in accordance with English law.

    22.2 Any disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of England.

  41. Statutory and regulatory disclosures
  42. 23.1 We are registered in [trade register]; you can find the online version of the register at [URL], and our registration number is [number].

    23.2 We are subject to [authorisation scheme], which is supervised by [supervisory authority].

    23.3 We are registered as [title] with [professional body] in the United Kingdom and are subject to [rules], which can be found at [URL].

    23.4 We subscribe to [code(s) of conduct], which can be consulted electronically at [URL(s)].

    23.5 Our VAT number is [number].

  43. Our details
  44. 24.1 This website is owned and operated by MBM UK (Myk Baxter Marketing).

    24.2 We are registered in England under registration number [number], and our registered office is at MBM UK, Mill House, Railway Road, IIkley, LS29 8HT

    24.3 Our principal place of business is at MBM UK, Mill House, Railway Road, IIkley, LS29 8HT.

    24.4 You can contact us:

    (a) By post, to MBM UK, Mill House, Railway Road, IIkley, LS29 8HT or MBM UK, 2 Peel Court, St Cuthberts Way, Darlington, DL1 1GB;

    (b) Using our website contact form by visiting: [URL];

    (c) By telephone, on +44 20 7097 5392 and +44 113 328 0373; or

    (d) By email, myk@mykbaxtermarketing.com.


    Copyright Notice

    1.1 Copyright (c) MBM UK.

    1.2 Subject to the express provisions of this notice:

    (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

    (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

    1. Copyright licence

    2.1 You may:

    (a) view pages from our website in a web browser;

    (b) download pages from our website for caching in a web browser;

    (c) print pages from our website;

    (d) stream audio and video files from our website; and

    (e) use Myk Baxter Marketing online services by means of a web browser, subject to the other provisions of this notice.

    2.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.

    2.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

    2.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.

    2.5 Unless you own or control the relevant rights in the material, you must not:

    (a) republish material from our website (including republication on another website);

    (b) sell, rent or sub-license material from our website;

    (c) show any material from our website in public;

    (d) exploit material from our website for a commercial purpose; or

    (e) redistribute material from our website, save to the extent expressly permitted by this notice.

    1. Acceptable use

    3.1 You must not:

    (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

    (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

    (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

    (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

    1. Report abuse

    4.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.

    4.2 You can let us know about any such material or activity by emailing myk@mykbaxtermarketing.com.

    1. Enforcement of copyright

    5.1 We take the protection of our copyright very seriously.

    5.2 If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

    1. Permissions

    6.1 You may request permission to use the copyright materials on our website by writing to us by email (myk@mykbaxtermarketing.com) or post (MBM UK, Mill House, Railway Road, IIkley, LS29 8HT or MBM UK, 2 Peel Court, St Cuthberts Way, Darlington, DL1 1GB). 


       Client Refund

       

    When choosing to work in collaboration with MBM UK, we will request a non-refundable deposit in order to cover the following areas: 


    • To book our time for the project. 
    • The time that allows us to carry out our research and planning. 
    • The time to create a development and testing environment. 

    As we only work on a maximum of 6 website projects at any one time, we will also turn away other projects, in this case the deposit is non refundable should you not wish to contribute for any reason. 


    Partner/Agency/Reseller Refund


    When choosing to work in collaboration with MBM UK, we will request a non-refundable deposit in order to cover the following areas: 


    • To book our time for the project. 
    • The time that allows us to carry out our research and planning. 
    • The time to create a development and testing environment. 

    As we only work on a maximum of 6 website projects at any one time, we will also turn away other projects, in this case the deposit is non refundable should you not wish to contribute for any reason. 


    The same guidelines apply when we are white labelling a project for one of our partner agencies as our agreement is with the partner agency not the end client and no deposit will be refunded due to the above and the fact that we are white labelling your work. However, if a reseller has passed us a client and we are invoicing the client directly they become a MBM UK client (however deposits are still non-refundable. 


    Our Mark


    Any website that MBM UK design, develop, host or maintain or carry out marketing services for will be showcased within our portfolio and we will have a direct link from the “client” site www.mykbaxtermarketing.com as this is our work and how we grow and gain new clients. 


    However, in special circumstances where a NDA (non-disclosure agreement) or confidentiality agreement is in place then we will individually look into this. However, if a client wishes to take away our privilege to take credit for our work then we will invoice any agreed figure to be compensated accordingly. 






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“Myk Baxter Marketing” (MBM, MBM UK, Myk Baxter, eCommercexpert) are trading styles of Myk Baxter Marketing Limited (company no: 13308598) a company registered in England and Wales and whose registered office is situated at 2 Peel Court, St Cuthberts Way, Darlington, County Durham, DL1 1GB