TERMS OF USE

Last updated:  29th May 2020


This Terms of Use Agreement ("Terms of Use" or "Agreement") is between you ("you" or "your") and One Cycle  Limited (OneCycle,Onecycle), registered in England and Wales with registration number 10801373   and with its registered address at 30 - 31 St James' Place, Mangotsfield, Bristol, BS16 9JB ("Onecycle", "we", "us" or "our").  In consideration of the right to access and use the website www.magnotoken.io  ("Website"), and the information offered on and through the Website, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions. You also hereby acknowledge that you have read and understand the Privacy Policy (accessible at: click here) and acknowledge Onecycle's use of your Personal Data set out therein.  If you do not agree to these Terms of Use, please do not access or use this Website.  The Website is directed to people residing in the United Kingdom.  Onecycle does not represent that content available on or through the Website is appropriate for use or available in other locations.


If you would like to contact us regarding these Terms of Use or the Privacy Policy, please send an email to info@onecyclegroup.com and put "Terms of Use" or "Privacy Policy" in your subject heading, as applicable.

There may be certain areas of the Website that you may not access without registering.  You must not attempt to access such areas of the Website without having provided the required registration details.


1.    NATURE OF AGREEMENT


1.1    These Terms of Use will take effect when you first commence using the Website.  We reserve the right at any time and for any reason to deny you access to the Website or any portion thereof, or change, suspend or discontinue any aspect of the Website at any time.  We may also impose limits on certain Website features and services or restrict your access to parts or all of the Website without notice or liability.  Termination will be effective without notice.  If this Agreement is terminated, you will no longer be authorised to access the Website.  In the event of termination, the restrictions imposed on you with respect to material downloaded, copied or otherwise reproduced from the Website, the disclaimers and limitations of liabilities and the indemnification set forth in this Agreement, shall survive.


1.2    We reserve the right to amend these Terms of Use at any time and for any reason, in our sole discretion, without notice, by updating these Terms of Use.  Your continued access or use of this Website following the posting of changes to these Terms of Use means that you accept such revisions, changes, and/or amendments.  If you object to any of the changes to these Terms of Use, please stop accessing and using this Website.  Please check this page frequently and review any changes to these Terms of Use carefully so you are aware of any changes, as they are binding on you.


1.3    You also acknowledge and agree that, unless we specifically provide otherwise, these Terms of Use apply only to this Website and our online activities through this Website, and such Terms of Use do not apply to any of our other online or offline activities.


2.    INTELLECTUAL PROPERTY RIGHTS


Onecycle and its affiliates' trademarks, logos, slogans, and/or other distinctive designs are owned by Onecycle, are protected by applicable law, and may not be copied or used without Onecycle's prior written consent.  To the fullest extent under applicable law, all materials contained within the Website ("Content") are protected by copyright and are owned or controlled by Onecycle and/or its licensors.  You agree to abide by any and all additional copyright notices, information, or restrictions contained in any Content on the website.

 

3.    USE OF THE WEBSITE

 

These Terms of Use provide you with a personal, revocable, non exclusive, non transferable license to use the Website conditioned on your continued compliance with these Terms of Use.  Any use of Website content is for your personal use only.  You may not download or modify this Website, or any portion thereof, except with prior express written consent of Onecycle.  You may not resell or make any commercial use of this Website or any Content, make any derivative use of this Website or any Content, or use any data mining, robots, or similar data gathering and extraction tools.  You also may not distribute Content from this Website to others, include Content on another Website, on a server, computer, or in documents, including "mirroring" Content and to displaying the information by means of HTML frames or similar means, or modify or re use any content.  Copying, otherwise reproducing, or storing of any Content except for your personal, non commercial use is expressly prohibited without the prior written consent of Onecycle.


4.    SECURITY


4.1    If you choose, or you are provided with, a username, handle, 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.  We have the right to disable any username, handle 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.


4.2    We do not guarantee that the Website will be secure or free from bugs or viruses and you are responsible for configuring your information technology, computer programmes and platform to access the Website.  You should use your own virus protection software.  You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is hosted or any server, computer or database connected to the Website. You must not attack the Website 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 cooperate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use the Website will cease immediately.


5.    YOUR UPLOADED CONTENT


Our website does not have the functionality for uploaded content. 


6.    RESTRICTIONS AND COVENANTS


You represent and warrant to Onecycle that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting to or actually (i) disrupting, impairing or interfering with the Website, (ii) collecting any information about other users of the Website, including passwords, accounts or other information, (iii) systematically extracting data contained in the Website to populate databases for internal or external business use; or (iv) violating or infringing the rights of third parties.


7.    LINKS TO THIRD PARTY WEBSITES


Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.  Such links should not be interpreted as approval by Onecycle of those linked websites or information you may obtain from them.  Onecycle has no control over the contents of those sites or resources.

 

8.    DISCLAIMERS

 

8.1    Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantee, whether express or implied, that the content on our Website is accurate, complete or up to date.  This Website and all Content is provided to you "as is" and without (to the extent permitted by law) any warranties, claims, or representations of any kind made by Onecycle or any of its affiliates or any of its or its affiliates' respective members, directors, officers, employees, agents, advisers or shareholders. Onecycle expressly disclaims all representations and warranties of any kind, whether express, implied, including warranties relating to quality, merchantability, fitness for a particular purpose, title and non infringement, as well as any representations or warranties created by course of dealing, course of performance, or trade usage, in each case, to the fullest extent permitted by law.  To the fullest extent permitted by law, Onecycle also disclaims any warranties and representations with regard to the security, reliability, timeliness, and performance of the Website or the Content.


8.2    You acknowledge and agree that you use the internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While we have endeavoured to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from a Website over the Internet cannot be guaranteed. Accordingly, Onecycle and Onecycle's licensors and suppliers are not responsible for the security of any information transmitted via the internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information.  Onecycle and Onecycle's licensors and suppliers shall have no liability for interruptions or omissions in internet, network or hosting services.  You assume the sole and complete risk of using the Website.


8.3    You expressly absolve and release Onecycle and Onecycle's licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnectivity problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, terrorism or governmental restrictions.


9.    LIMITATION OF LIABILITY


9.1    We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
9.2    If you are a business user, we exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it, and we will not be liable to you 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 the Website, or use of or reliance on any content displayed on the Website, and 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.


10.    INDEMNIFICATION


You agree to indemnify, defend and hold harmless Onecycle and its licensors, together with their respective affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys' fees) arising from your violation of the terms of this Agreement and/or use of the Website or any information or content thereon in violation of any applicable law, rule, or regulation.


11.    NOTICES


Except as explicitly stated otherwise, any legal notices shall be given by email to info@onecyclegroup.com (in the case of Onecycle) or to any email address you provide to us during your use of the Website, or such other email address as either you or we may specify.  Notice shall be deemed given 24 hours after any email is sent, unless the sending party is notified that the email address is invalid.


12.    GOVERNING LAW AND JURISDICTION


12.1    If you are a consumer, please note that these Terms of Use, their subject matter and their formation, are governed by English law.  You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any disputes arising from these Terms of Use, except that 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.


12.2    If you are a business user, these Terms of Use, their subject matter and their formation (and any non contractual disputes or claims) are governed by English law.  You and we both agree to the exclusive jurisdiction of the courts of England and Wales.


13.    MISCELLANEOUS


13.1    Any rights not expressly granted to Onecycle herein are reserved.  You may not assign this Agreement. If any provision in this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  No joint venture, partnership, employment, or agency relationship exists between you and Onecycle as a result of these Terms of Use or your use of the Website.  Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance.


13.2    By using this Website, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions. You also hereby acknowledge that you have read and understand the Privacy Policy and acknowledge Onecycle's use of your Personal Data set out therein.