PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

Please note:

1. 1. These terms and conditions contain important provision upon which we intend to rely.
      
   2. By uploading content (e.g. dashcam videos) you grant us a license to use such content for a wide range of purposes – please see paragraph 11 below for details.
   3. These terms and conditions contain important limitations on our liability – please see paragraph 9 for details.

• • • These terms of use (together with the documents referred to in them) set out the terms on which you may make use of our website www.nextbase.au(“our site”). Use of our site includes accessing, browsing and uploading content to our site.
    • Please read these terms of use carefully before you start to use our site. We recommend that you print a copy of these terms for future reference.
    • By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
    • If you do not agree to these terms of use and do not wish to be bound by them, you must not use our site.

• • • These terms of use refer to the following additional terms, which also apply to your use of our site:

• • • • Our Privacy Policy  which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing.
      • Our Acceptable Use Policy which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

• • • nextbase.au is a site operated by Portable Multimedia Limited (“we“, “us”, “our”).
    • We are registered in England and Wales under company number 04038169 and have our registered office at Nextbase, Floor 6, 230 Blackfriars Road, London, SE1 8NW, England.
    • Our VAT number is GB 742504649.

• • • 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 in respect of any use you make of our site from and including the date of any such change, and we will not contact you to inform you of any such changes.

• • • We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
    • We do not guarantee that our site, or any content on it, will be free from errors or omissions.

• • • Our site is made available free of charge.
    • We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without informing you. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
    • You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them, including those detailed in paragraph 2.1 of these terms.
    • Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

• • • We are the owner or, pursuant to paragraph 11, the licensee of all the intellectual property rights in our site, and in the material and content published on it.
    • Any material and content displayed on our site may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited (in whole or part) for any purpose whatsoever without our prior written consent or, where applicable, that of our licensors. We reserve all rights not expressly granted in and to the material and content published on the site.
    • If you breach these terms of use, your right to use our site (and the material displayed or contained thereon) will cease immediately and you must, at our option, return or destroy any copies of the material and content you have made (other than material and content owned by you).

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

• • • 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 site 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:

• • • • use of, or inability to use, our site; or
      • use of or reliance on any content displayed on our site.

• • • If you are a business user please note that in particular, we will not be liable for

• • • • loss of profits, sales, business, or revenue;
      • business interruption;
      • loss of anticipated savings;
      • loss of business opportunity, goodwill or reputation; or
      • any indirect or consequential loss or damage.
    • If you are a consumer user, please note that we only provide access to you to our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    • 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 site or to your uploading any content to it or 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 site. 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.

• • • Whenever you make use of a feature that allows you to upload content to our site, you must comply with the content standards set out in our Acceptable Use Policy.
    • You confirm that any such upload complies with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that confirmation. This means you will be responsible for any loss, costs or damage we suffer as a result of your actions which do not comply with our Acceptable Use Policy. You will be required to reimburse us for such sums on our request.
    • Any content you upload to our site will be considered non-confidential and non-proprietary. Whilst you retain legal ownership of your rights in your content, you are required to grant us the license described in paragraph 11 (Rights you license).
    • IMPORTANT: 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 site constitutes a violation of their intellectual property rights, or of their right to privacy.
    • 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 site.
    • We have the right to remove any content or posting you upload / make on our site if, in our opinion, your content or post does not comply with the content standards set out in our Acceptable Use Policy.

• • The views expressed by other users on our site do not represent our views or values.
  • You are solely responsible for securing and backing up your content.

• • • When you upload or post content to our site (including, but without limitation dashcam videos), you grant to us a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, royalty-free and transferable licence to use, exploit, copy, store, disclose, reproduce, publish, distribute, prepare derivative works of, display, perform and otherwise use that content for any purpose across any media including, but not limited to, promoting the site and its content, promoting our business, and promoting our products and services.

• • • From time to time the content on our site may include competitions, offers, promotions or prizes (including, but not limited to, competitions, offers, promotions or prizes made available by third parties) (“Promotions”).
    • The Promotions may be dependent on a number of things including, but not limited to:
      • your location (for example some promotions are open to customers located in the United Kingdom only);
      • proof of purchase of one of our products; and
      • compliance with our applicable legal policies and terms and conditions.

• • • The Promotions are not open to our employees or their family members or to employees of our partners and affiliates (including, but not limited to, Halfords Group PLC’s employees or the employees of any company which Halfords Group PLC directly or indirectly owns) or their family members.

• • • We do not guarantee that our site 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 site. You should use your own virus protection software.
    • You must not misuse our site by knowingly introducing viruses, Trojans, worms or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 site will cease immediately.

• • • Our site must not be framed on any other site, nor may you create a link to any part of our site.

• • • Where our site 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.
    • If you follow a link to any of these sites, please note that we accept no liability for the contents of those sites or your visit to those sites.

• • • If you are a consumer user, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
    • If you are a business user, 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.

• • • If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of these terms.

• • • "Nextbase” is an EU registered trade mark. Any unauthorised use of the “Nextbase” trade mark constitutes an intellectual property rights violation.

• • • To contact us, please email [email protected].