Terms of platform use

These terms of use (together with the Privacy Policy and Cookie Policy) are the terms of use on which the user may make use of our services at our platform www.mixernetwork.com and the content and services we make available through the platform (our platform), whether as a company or individual requesting services to be performed (client) or supplying services (supplier), being a guest or a registered user (you). Use of our platform includes accessing, browsing, or registering to use our platform.

Please read these terms of use carefully before you start to use our platform, as these will apply to your use of our platform. 

By using our platform, you confirm that you accept these terms of use and that you agree to comply with them and that you are at least eighteen years old and capable of forming legally binding contracts. If you do not agree to these terms of use, you must not use our platform. If you use our platform on behalf of an entity, you represent and warrant that you have the necessary authority to accept the terms on behalf of the entity. In that event, any reference to you will refer and apply to that entity.

Information about us

Our Platform is operated by Incohare Ventures Ltd registered in England and Wales under company number 09791772 with our registered office at 70-72 Victoria Road, Ruislip, Middlesex, HA4 0AH (we, us, our). We are a limited company.

Changes to these terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. [These terms were last updated on August 14, 2017]. 

Changes to our platform

We may update our platform from time to time, and may change the content at any time. However, please note that any of the content on our platform may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our platform, or any content on it, will be free from errors or omissions.

Accessing our platform

We do not guarantee that our platform, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our platform without notice. We will not be liable to you if for any reason our platform is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our platform.

You are also responsible for ensuring that all persons who access our platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may limit the availability of our platform or any service or product described on our platform to any person or geographic area at any time. If you choose to access our platform from outside such geographic area, you do so at your own risk.

Your use of our platform

By using our platform, you agree that you will do so demonstrating a consistent and high level of courtesy, respect and professionalism with other users on the site, whether they be clients, suppliers or guests. You agree to use good judgment when posting information, comments, or other content regarding other users, us or any third party anywhere within the platform. You may be held legally responsible for damages suffered by other users, us or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the platform. You agree to comply with all laws applicable to your activities, and with all our policies, as amended from time to time, deemed to be part of these terms.

You will only access (or attempt to access) the platform by the interface provided, and you will only use information from the platform for the purpose for which it was made available. You will not engage in any activity that interferes with or disrupts the functioning of our platform. You will not upload or attach an invalid or malicious or unknown file. You will not insert any external links that may be malicious or unknown to you, or used for offering any goods or services other than those agreed with you.

You do further hereby agree to use our platform for lawful purposes only, and not for any immoral or harmful activities. You agree that you will not do any of the following while using or accessing our platform:

Your account, password and identity

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party and shall be solely responsible for any use of or action taken through the use of such password on our platform. By using your account, you acknowledge and agree that our account security procedures are commercially reasonable.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

All identity information associated with an account must be true, complete, and verifiable.  Each account must be used by only one person, and each person is allowed to use only one account. We reserve the right to validate information at any time, including but not limited to validation against third party databases or the verification of one or more official government or legal documents that confirm your identity. You authorise us, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address [or financial instruments]. Failure to provide information about you and your business when requested is a violation of these terms.

Use of our services

We are responsible for providing a platform to facilitate introductions between client and supplier, and providing information to the best of our knowledge to enable this service. We do not guarantee the accuracy of any information provided, and you are required to perform any necessary due diligence as suitable for your needs.

Nothing in these terms shall create an employee, agent or joint venture between you and us. 

Clients

If you are a client, in order to use our services on our platform, you will be asked to submit  details of matters in respect of which you require any business assistance (submission).

We then respond with a selection of suppliers that we believe are a suitable match based on the client’s submission.

If you choose to engage a particular supplier you do so at your own risk. 

Upon engagement of any such supplier you are required to notify us upon by email. 

We do not warrant  the availability or reliability of any supplier, or the quality, accuracy or level of services provided by any supplier to you. We do not guarantee that suppliers are covered by professional liability insurance or other insurance. You are required to make your own enquiries as to the competence and suitability of any suppliers and any required insurances.

Our platform is merely a venue where clients and suppliers may cooperate together and we will not at any time become a party to any agreement between you and a supplier for the services that the supplier provides and will not liable for any loss of damage that result from any dealings between a you and any supplier. 

Reviews

If you have engaged a supplier you will be invited to submit a review of that supplier (review).

You are solely responsible for the content of a review and will indemnify us for any breach of these terms in relation to a review.

We do not endorse or recommend any reviews and any other client choosing to rely on the information in any review does so at its own risk.

In submitting a review you agree to do so in a manner which is consistent with the use of our platform as set out in these terms and you will not submit any material which contains any unlawful or inappropriate content (including but not limited to material which is defamatory, obscene, offensive, hateful, inflammatory, sexually explicit, discriminatory or illegal) (our standard).

In submitting a review you do so on the basis that it is its independent and honest opinion, accurate, genuine and comply with any applicable law.

If a review does not comply with our standard we may, at our absolute discretion, delete, edit or remove part or all of a review without notifying you.

Reviews that you submit may be made public on our platform. 

Supplier

If you are a supplier you confirm your understanding of the basis on which clients make use of our services as set out in these terms including the reviews provided by clients in relation to any services you may provide. 

We do not guarantee or promise that your details will be provided to any particular clients or appear in any search results. 

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our platform, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our platform for your personal use and you may draw the attention of others within your organisation to content posted on our platform.

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 our platform must always be acknowledged.

You must not use any part of the content on our platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our platform in breach of these terms of use, your right to use our platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our platform.

Although we make reasonable efforts to update the information on our platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our platform is accurate, complete or up-to-date.

Indemnity

You shall indemnify, defend and hold harmless us, from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable legal fees and all related costs and expenses) arising from or relating to any claim, judgment, or adjudication that any work, services or action or omission by such client or supplier infringes proprietary rights or other rights of any third party.

If you are a client, you shall indemnify, defend and hold harmless us from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable legal fees and all related costs and expenses) arising from or relating to:

If you are a supplier you shall indemnify, defend and hold harmless us from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable legal fees and all related costs and expenses) arising from or relating to:

Limitation of our liability

Both clients and suppliers expressly acknowledge, agree and understand that:

We are not liable for any remarks, information or other content posted or made available on our platform by any user, even if such information or content is defamatory or otherwise legally actionable. We are not liable for any negative outcome of the relationship between clients, suppliers and guests. We are not responsible for and does not monitor or censor content for accuracy or reliability. However, we reserve the right to remove or restrict access to any information or content posted or made available on our platform if ordered to do so by a government authority or if we consider such information or content to be in violation of these terms, or to be unlawful, immoral or harmful.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our platform or any content on it, whether express or implied. 

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with 

We will not be liable for:

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our platform or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Uploading content to our platform

Whenever you make use of a feature that allows you to upload content to our platform, or to make contact with other users of our platform, you warrant that any such contribution does comply with our standards, and you will be liable to us and indemnify us for any breach of that warranty.

Any content you upload to our platform will be considered non-confidential and non-proprietary, unless you have specifically stated otherwise. You retain all of your ownership rights in your content, but you are required to grant us and other users of our platform a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our platform constitutes a violation of their intellectual property rights, right to privacy or any other right.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our platform.

We have the right to remove any posting you make on our platform if, in our opinion, your post does not comply with our standards.

The views expressed by other users on our platform do not represent our views or values.

You are solely responsible for securing and backing up your content.

Viruses

We do not guarantee that our platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our platform. You should use your own virus protection software.

You must not misuse our platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our platform, the server on which our platform is stored or any server, computer or database connected to our platform. You must not attack our platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our platform will cease immediately.

Linking to our platform

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.

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.

You must not establish a link to our platform in any website that is not owned by you.

Our platform must not be framed on any other site, nor may you create a link to any part of our platform other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with our standards.

If you wish to make any use of content on our platform other than that set out above, please contact us.

Third party links and resources in our platform

Where our platform contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Enforcement of terms and policies

We have the right, but not the obligation, to suspend or cancel your access to our platform if we believe that you have violated or acted inconsistently with the letter or spirit of these terms or violated our rights or those of another party. Without limiting our other remedies, we may suspend or terminate your account, use self-help in connection with our rights to reclaim any available funds, and refuse to provide any further access to our platform to you if:

General

Noting in these terms are intended to, or shall be deemed to, establish any partnership between you or us and each of us confirms it is acting on its on behalf and not for the benefit of any other person.

If any of these terms are held to be illegal or unenforceable such provisions shall be severed and the rest of these terms shall remain in full force and effect unless the business purpose of these terms is substantially frustrated, in which case it shall terminate without giving rise to further liability.

You may not assign, transfer or sub-contract any of your rights under these terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.

No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.

Applicable law

These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Trademarks

“Mixer” is a trademark of Incohare Ventures Ltd.

Contact us

To contact us, please email david@mixernetwork.com.

Thank you for visiting our platform.