Last updated: February 2022
1.0 WHO WE ARE AND HOW TO CONTACT US
We are Steelhead Group Limited, a company incorporated and registered in Hong Kong with registered address at Unit 907-910, 118 Connaught Road West, Hong Kong and company number 2626370 (“Steelhead”, “we” or “us”). We operate the website https://www.thelastglaciers.com (the “Website”) and any related services or functionalities including our Lifestyle Calculator (together the “Services”).
1.2 If you have any queries concerning the Website or these Terms and Conditions (“T&Cs”), you may contact us at info@thelastglaciers.com
2.0 BY USING OUR SERVICES YOU ACCEPT THESE T&CS
2.1 These T&Cs apply to, and govern all use of our Services. Please read the following carefully before using the Services. By using our Services, you confirm that you accept these T&Cs and that you agree to comply with them. If you do not agree with the terms of these T&Cs, you may not use the Services.
2.2 You are also responsible for ensuring that any persons who access our Services through your internet connection are aware of these T&Cs and that they comply with them.
3.0 UPDATES TO THESE T&CS
We may update these T&Cs from time to time for any reason by posting the updated version to our Website, but changes to the T&Cs take effect only where they are permitted by law and made available to you for your agreement. Every time you use the Services, you are deemed to have accepted the latest version of these T&Cs in place at that time. Please check our Website for any updates to the T&Cs each time you use the Services.
4.0 PROVISION OF THE SERVICES
4.1 We may update, change, suspend, withdraw or restrict access to our Services at any time and at our sole discretion.
4.2 Steelhead does not guarantee that:
4.2.1 the operation of the Services will be uninterrupted or error free or that errors can or will be corrected;
4.2.2 that the Services are secure or free of viruses or other harmful components; or
4.3.3 the inclusion of any link to a website does not amount to, or imply, an endorsement by Steelhead of the linked website.
5.0 OWNERSHIP OF THE SERVICES
5.1 All right, title, interest and ownership rights and any and all copyrights, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications or extensions therefor and all other intellectual property rights of any similar or equivalent type in any territory of the world (“Intellectual Property Rights”), in or connected with the Services and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Services are owned by, belong to and vest in Steelhead and its licensors. We reserve our Intellectual Property Rights.
5.2 The Services may contain certain licensed materials licensed by third parties to Steelhead. All trade marks and other rights are the property of their respective owners.
5.3 The Services may include Intellectual Property Rights, or references, relating to third parties such as (without limitation) real-world events, people, organisations, places, stadia, motor racing circuits, venues, companies and competitions or other real-world references. Except where we may have licensed rights from the relevant party, we do not represent that we have a connection with or any arrangement with such rights owners. We may in some instances make limited use of unlicensed third-party Intellectual Property Rights for the limited purposes of providing information about and/or to identify real-world facts in an honest and fair way and as permitted by applicable law.
6.0 LIMITED USE LICENCE
6.1 We hereby grant to you a limited, revocable, non-exclusive right and licence for you to use the Services for your personal, non-commercial use only, subject to these T&Cs. Any use, reproduction or redistribution of the Services not in accordance with these T&Cs is expressly prohibited.
6.2 These T&Cs and your use of the Services do not give you any rights of title or ownership in any property, whether tangible or intangible.
6.3 If you use, copy or otherwise infringe our Intellectual Property Rights in any way other than as permitted under clause 1, your right to use our Services will cease immediately, and you must, at our option, return or destroy any infringing materials you have created.
7.0 YOUR OBLIGATIONS
7.1 You must not, and must not authorise or permit, any of the following in relation to the Services (except to the extent expressly permitted by these T&Cs):
7.1.1 sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-license, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Services, or any part or interest in the Services;
7.1.2 use data mining or web-scraping technologies in relation to the Services, to the extent we are able to exclude or limit the use of such technologies under applicable law;
7.1.3 knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
7.1.4 engage in any act that Steelhead deems to be in conflict with the spirit or intent of the Services, including without limitation using bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Services, or harassment of Steelhead or the people or entities featured on the Website;
7.1.5 other than to access the public URL at https://www.thelastglaciers.com/ in the manner envisaged by these T&CS, attempt to gain unauthorised access to the Services, the server on which our Services are hosted or to the computers, devices, servers, or networks connected to our Services by any means;
7.1.6 use the services for anything other than your own personal, non-commercial use;
7.1.7 use the Services for any illegal or immoral purposes, or act in a way, including by linking to the Services from a third-party (or your own) website or services, which might call into disrepute or undermine the integrity of Steelhead or the Services; or
7.1.8 rely on the information contained within our Services, such information is for general information, recreational and entertainment purposes only, and is not intended to amount to advice on which you should rely.
7.2 You must:
7.2.1 comply fully with any applicable laws and regulations when using the Services;
7.2.2 obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of our Services; and
7.2.3 only link to our Services from a website owned by you, and in such a way that is fair and legal which does not damage our reputation or take advantage of it.
7.3 You will cooperate fully with Steelhead to investigate any suspected illegal, fraudulent or improper activity, or any breach of these T&Cs and, if you become aware of a breach of these T&Cs then please let Steelhead know by sending an email to info@thelastglaciers.com. with details of the potential breach.
7.4 You are responsible for ensuring that you have an internet connection, and that the device and equipment that you use have sufficient system capabilities in order to use the Services. Steelhead is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnections or any incorrect or inaccurate results.
8.0 LIABILITY
8.1 Subject to clause 2, except as specifically provided in these T&Cs and to the maximum extent permitted by law:
8.1.1 the Services are provided on an “as is” and “as available” basis purely for your general information, recreation and entertainment purposes without warranty or guarantee of any kind (express or implied) other than those set out in these T&Cs;
8.1.2 Steelhead disclaims all representations, warranties, conditions or guarantees, express or implied (whether by statute, common law or the law of equity), including (without limitation) the implied warranties of merchantability, fitness for a particular purpose, performance or suitability for your intended use, title and non-infringement as to the Services, including all information, content and materials contained therein;
8.1.3 subject to Clause 2, Steelhead and its licensors’ shall have no liability to you for any loss or damage whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if we have been notified orally or in writing of the possibility of such damage, or if such loss or damage was foreseeable, arising out of:
- the use or inability to use the Services; or
- use of, or reliance on, the information, content or materials contained within our Services;
8.1.4 subject to Clause 2, Steelhead and its licensors will not in any event be liable in any way for any consequential or indirect loss or damage including any:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings; or
- loss of business opportunity, goodwill or reputation.
8.2 These T&Cs shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law, nor shall it exclude or limit any liability for fraud, fraudulent misrepresentation, or death or personal injury caused by Steelhead’s negligence.
8.3 You hereby indemnify (agree to compensate), defend and hold harmless Steelhead and Steelhead’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties“) from and against any and all any liabilities, claims, costs and expenses (including without limitation legal expenses and lawyers’ fees) incurred by the Indemnified Parties arising out of:
8.3.1 any breach by you of these T&Cs or claims arising directly or indirectly from your use or misuse of the Services; and
8.3.2 any use of the Services otherwise than in accordance with these T&Cs.
8.4 You shall fully cooperate with Steelhead in the defence of any such claim made pursuant to Clause 3, and Steelhead reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
8.5 You further agree that the subject matter of these T&Cs is of a unique character with special value, and that Steelhead would be irreparably damaged if the terms of these T&Cs were not specifically enforced, and therefore you agree that Steelhead shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of these T&Cs, in addition to such other remedies as Steelhead may otherwise have available to it under applicable laws.
8.6 Steelhead’s licensors shall be third-party beneficiaries under these T&Cs and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
9.0 AGE RESTRICTIONS
9.1 Steelhead does not target the Services to users under 13 years of age.
9.2 To use the Services you must be both:
9.2.1 of an age which meets the minimum age certification requirement of the Services in the territory you are in (where applicable); and
9.2.2 in any event, you must be over the age of 13 years.
9.3 By using the Services, you represent and warrant that you are over 13 years of age. If you are not over 13 years of age, you must stop using the Services immediately.
10.0 DATA PROTECTION
Please be aware that any personal data you supply to us when using the Services will be used by us in accordance with our Privacy Policy [insert link]. Please read our Privacy Policy carefully.
11.0 TERMINATION
11.1 These T&Cs and the licences granted by it are effective until terminated.
11.2 We may:
11.2.1 temporarily discontinue the Services at any time for any purpose; and
11.2.2 (if you do not comply with the terms of these T&Cs, or we reasonably suspect that you have failed to do so) take any action we deem reasonable in our sole discretion against you, including immediately suspending and/or banning you from our Services. We reserve the right to determine what conduct we consider to be in violation of, or otherwise outside the intent or spirit of, these T&Cs and/or the Services. However, if what you have done can be put right, we will give you a reasonable opportunity to do so.
12.0 GENERAL
12.1 These T&Cs constitute the entire agreement between Steelhead and you in respect of their subject matter.
12.2 Even if we delay in enforcing these T&Cs and/or our rights, we can still enforce these T&Cs and/or our rights later. If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaking of any term of these T&Cs, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.3 We may transfer our rights and obligations under these T&Cs to another organisation (such as, without limitation, in the event of a business restructure or acquisition). We will let you know if that happens and we will ensure that your rights under these T&Cs are unaffected. You may not transfer your rights or obligations under these T&Cs unless we expressly agree to the transfer in writing.
12.4 Except where expressly stated to the contrary in these T&Cs, these T&Cs does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these T&Cs.
12.5 In the event that any provision of these T&Cs (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be interpreted in such a way as to ensure it is enforced to the maximum extent permissible in a manner reflecting the parties’ intentions and the remaining portions of these T&Cs shall, in any event, remain in full force and effect.
12.6 These T&Cs and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim. In addition you may have the legal right to bring proceedings in your local jurisdiction and, if this is the case, then you may bring proceedings there.