PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS THE USER’S LEGAL RIGHTS.

Last updated 2024-05-29

These Terms and Conditions (hereinafter – “Terms”), along with Gunwale Limited’s (hereinafter – “Gunwale Limited”) Privacy Policy, govern the User’s use of Gunwale Limited’s Website.

For these Terms:

(i) “Website” means Gunwale Limited’s a web platform for the User’s mobile devices or computers which can be used through a browser without downloading, under the name (domain) of Gunwale Limited Service, and it is not affiliated with any other websites, company, brand, organisation, or similarly named entity resembling it. Webuildery, a web page building website that helps individuals and businesses create beautiful and functional websites without any coding knowledge. Our mission is to empower people to share their stories and ideas with the world through stunning and user-friendly websites. At Webuildery, we believe that everyone should have the opportunity to create a website that reflects their unique style and voice.. (hereinafter – the “Services”).

(ii) “Officers” means Gunwale Limited’s officers, directors, employees, consultants, affiliates, subsidiaries, and agents.

(iii) “User” means any person who registered an account on Gunwale Limited’s Website and uses the Company’s Services.

(iv) Gunwale Limited means the company that is an owner of this Website. The name of the company: Gunwale Limited, registered number: 11373433, with its principal place of business: Office 6, Unit 4 Westward House, Glebeland Road, GU15 3DB, Camberley, Surrey, United Kingdom. (iv) “Gunwale Limited” refers to the company that owns and operates this Website. The company's name is Gunwale Limited, with a registered number of 11373433. The principal place of business is at the following address: Office 6, Unit 4 Westward House, Glebeland Road, GU15 3DB, Camberley, Surrey, United Kingdom.

1. ELIGIBILITY

By agreeing to these Terms, you represent and warrant to us:

(i) that your age is at least eighteen (18) years old;
(ii) that you have not previously been suspended or removed from the Website;
(iii) that your use of the Website complies with applicable laws and regulations.

2. LICENCE GRANT TO Gunwale Limited

2.1. By providing information (hereinafter – “Files”) through the Website, the User approves the processing of their Files by the Gunwale Limited.
2.2. Gunwale Limited guarantees that all Files will be used only for data processing purposes by the Website, and any third party would not have any access to the User’s Files without additional permission of the User.

3. INFRINGEMENT AND ABUSE

3.1. Gunwale Limited is not responsible for the accuracy of the materials provided through the Website.
3.2. Gunwale Limited does not check the Files for the User’s ownership based on the peculiarities of data processing.

4. TERMINATION OF USE, DISCONTINUATION AND MODIFICATION/UPGRADING OF THE WEBSITE

4.1. Gunwale Limited has the right to modify/upgrade or discontinue the Website at any time (including, without limitation, by limiting or discontinuing certain features of the Website) without notice to the User.
4.2. Gunwale Limited doesn’t have any liability whatsoever on account of any change to the Website or any suspension or termination of your access to or use of the Website.

5. THIRD-PARTY’S LINKS

5.1. The Website may contain links to third-party web sources. Such linked websites are not under our control, and we are not responsible for their content.
5.2. Gunwale Limited has the right to cooperate with third parties and provide the User’s personal information with third parties , but only after obtaining the User's explicit consent in accordance with applicable data protection laws.

6. OWNERSHIP; PROPRIETARY RIGHTS OF Gunwale Limited

6.1. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements or files of the Website (hereinafter – “the Materials”) provided by Gunwale Limited are protected by all relevant intellectual property and proprietary rights and applicable laws.
6.2. All Materials contained on the Website are the property of Gunwale Limited or Gunwale Limited’s third-party licensors.
6.3. If the Website contains any materials, interfaces, logos, designs, products, or something else that is not the intellectual property of Gunwale Limited and Gunwale Limited doesn’t have licenses for using it, the licensor has the right to request to delete its intellectual property from the Website according to the procedures defined in the Digital Millennium Copyright Act (hereinafter referred as to – “DMCA”) and/or Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC (hereinafter referred as to – “EUCD”).
6.4. Gunwale Limited doesn’t claim to be the owners or representatives of the trademarks, brands and intellectual properties of other sides and remains the property of the original copyright owners.
6.5. Except as expressly authorised by Gunwale Limited in writing, the User may not make use of the Materials.
6.6. Gunwale Limited reserves all rights to the Materials not granted expressly in these Terms.

7. PROHIBITED USES

7.1. As a condition of the User’s use of the Website, the User will not use the Website for any purpose that is unlawful or prohibited by these Terms. The User may not use the Website in any manner that could damage, disable, overburden, disrupt or impair any of Gunwale Limited’s servers or APIs, any networks connected to any of Gunwale Limited’s servers or APIs, or that could interfere with any other party's use and enjoyment of the Website.
7.2. The User may not transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature using the Website.
7.3. The User may not exceed or circumvent, or try to exceed or circumvent, limitations on the Website, including on any API calls, or otherwise use the Website in a manner that violates any of Gunwale Limited’s documentation or user manuals.
7.4. The User and/or any other third parties may not attempt to gain unauthorised access to any websites, other accounts, computer systems, or networks connected to any of Gunwale Limited’s servers or of the Website through hacking, password mining, or any other means.
7.5. The User and/or any other third parties may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
7.6. The User and/or any other third parties may not use the Website in any way that violates any applicable state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the European Union, the USA, or other countries and intellectual property rights according to the DMCA and EUCD).

8. INDEMNITY

The User agrees to be responsible for using the Website, and the User agrees to defend, indemnify, and hold harmless Gunwale Limited and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (hereinafter collectively, “the Officers”) from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with

(i) the User’s access to, use of, or alleged use of the Website;
(ii) the User’s violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation;
(iii) the User’s violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or
(iv) any disputes or issues between the User and any third party. Gunwale Limited reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User (and without limiting your indemnification obligations concerning such matter), and in such case, the User agrees to cooperate with our defense of such claim.

9. DISCLAIMERS, NO WARRANTIES

9.1. The User uses the Website at their discretion and risk.
9.2. Gunwale Limited makes no claims or promises about the quality, accuracy, or reliability of the Website and expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.3. Gunwale Limited doesn’t offer and provide any physical products or property.

10. LIMITATION OF LIABILITY

10.1. In any case, Gunwale Limited will not be liable to the User or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to the User’s access to or use of, or the User’s inability to access or use, the Website or any materials or content in the Website, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Gunwale Limited have been informed about of the possibility of such damage.
10.2. Gunwale Limited, in any case, is not responsible for services that are provided to the User by the third party who placed advertise on the Website.
10.3. All risks related to the User’s information, account, or accounts on other sources if the User shared his data (login and password) are not a part of Gunwale Limited’s responsibility.
10.4. The User accepts responsibility for using the Website and the Website’s content.

11. GOVERNING LAW

11.1.These Terms will be governed by the laws of United Kingdom, however, nothing in these Terms will deprive the consumer of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law of the country where the consumer has his habitual residence. To the extent that any lawsuit or court proceeding is permitted hereunder, the User and Gunwale Limited agree to submit to the personal and exclusive jurisdiction of the state courts located within United Kingdom to litigate all such disputes.

12. CHANGES TO THESE TERMS

12.1. Gunwale Limited reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted on the Website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to the Website.
12.1.1. Gunwale Limited is not obliged to inform the User about changes in these Terms.
12.2. If the User does not agree with the revised Terms, the User’s sole and exclusive remedy will be to discontinue your use of the Website.

13. GENERAL

13.1. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between the User and Gunwale Limited regarding the User’s use of and access to the Website.
13.2. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of provisions.
13.3. The User has no rights to assign or transfer these Terms or the User’s rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent.
13.4. Gunwale Limited has the right to assign these Terms at any time without notice.
13.5. The failure to require performance of any provision will not affect Gunwale Limited’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
13.6. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
13.7. The User acknowledges that the Website is not intended to be technology protection measures that will help the User comply with the GDPR and CCPA .

14. COMMUNICATION AND NOTIFICATIONS

14.1. The entire communication with Gunwale Limited is electronic. Every time the User sends us an email or visits our Website and uses our Services, the User will be communicating with Gunwale Limited.
14.2. The User hereby consents to receive communications from Gunwale Limited.
14.3. If the User subscribes to the news on the Website, you are going to receive regular emails from Gunwale Limited.
14.4. We will continue to communicate with the User by providing notifications through the Website or posting news on our social media.
14.5. The User also agrees that all notices, disclosures, agreements, and other communications we provide electronically meet the legal requirements that such communications be in writing.
14.6. The User agrees to receive any notifications through the Website on the User’s Device.
14.7. The Website doesn’t provide any support services.

15. MARKETS TERMS

15.1. Gunwale Limited grants the User not limited, non-exclusive, non-transferable, non-sublicensable license to use the Website on your Device that the User owns or controls. Gunwale Limited reserves all rights in and to the Website not expressly granted to you under these Terms. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Website; (ii) distribute, transfer, sublicense, lease, lend or rent the User’s account on the Website to any third party; (iii) reverse engineer, decompile or disassemble the Website; or (iv) make the functionality of the Website available to multiple users through any means.

16. THE USER’S ACCOUNT

16.1. The User could register an account on the Website using email and password or authorization via Google Services and/or Facebook Services.
16.2. The User is responsible for all activities that occur under the User’s account.
16.3. Gunwale Limited reserves all rights to terminate accounts, edit or remove content and cancel orders at sole discretion.
16.4. Gunwale Limited has the right to have access to any information placed on the Website, including any conversation and data in the User’s account.
16.5. By entering their personal data and consenting to these Terms and Conditions, the User gives explicit consent for Gunwale Limited to contact them in relation to activities on the Website, including but not limited to, instances where the User has abandoned their cart. Contact may be made via phone call, mail, or electronic communication as deemed appropriate by Gunwale Limited. The aim of such communication will be to assist the User in completing their transaction or to provide relevant information related to their activity on the Website.
16.6. The User has the right to withdraw their consent for such communication at any time by contacting Gunwale Limited or by following the opt-out instructions provided in the communication. Upon receipt of such withdrawal, Gunwale Limited will cease the specified communication with the User within a reasonable timeframe.
16.7. Gunwale Limited will process any personal data provided by the User according to the Company’s Privacy Policy. The User's personal data will not be used for any other purpose without further explicit consent from the User.

17. SUBSCRIPTION/PURCHASES

17.1. If the User wishes to purchase any item from the Website (“Purchase”), the User may be asked to supply certain information relevant to your Purchase, including, without limitation: card number, billing address, and cardholder name and surname.
17.2. The User represents and warrants that: (i) the User has the legal right to use any credit card(s) or other payment methods in connection with any Purchase; and that (ii) the information the User-supplied to the Gunwale Limited is true, correct, and complete.
17.3. The Gunwale Limited has the right to request the card information in the form of a photo of the User’s bank card for further User verification.
17.4. The Gunwale Limited has the right to request personal information like an ID card or passport of the User for the User’s personal verification. The Gunwale Limited will process this personal data according to the Company’s Privacy Policy.
17.5. By submitting such information, the User grants us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
17.6. The Gunwale Limited reserves the right to refuse or cancel the User’s order at any time for certain reasons, including but not limited to product or service availability, errors in the description or price of the product or service, and errors in the User’s order or other reasons.
17.7. The Gunwale Limited reserves the right to refuse or cancel the User’s order if fraud or an unauthorized or illegal transaction is suspected.

18.REFUND AND CANCELLATION

18.1.Canceling your subscription means that the automatic renewal will be disabled, but you will still have access to all your subscription features for the remaining time of your then-current period. The subscription can be canceled anytime by emailing support at [email protected], calling support at +44 330 808 1889, or clicking "Cancel" under your profile. However, due to delays in our technical systems not all data is available to us. Therefore, we are unable to process cancellation requests within 24 hours after signup. We therefore kindly request you to contact us at least 24 hours after signup.
18.2.A 14-day full refund guarantee covers all purchases. The decision to reimburse a charge does not insure the obligation to reimburse other subsequent expenses. Any charge refunded will be refunded by the payment method used for the original transaction. Any refund request must be made by contacting customer service.

19. ANTI-MONEY LAUNDERING POLICY

19.1. Be aware that Gunwale Limited's business practices prohibit bribery, corrupt behavior, and money laundering.
19.2. The User agrees to remain in compliance with all applicable laws that relate to commercial or public sector bribes, money laundering, terrorism (including but not limited to local anti-corruption laws, Canada’s Corruption of Foreign Public Officials Act, the U.S. Foreign Corrupt Practices Act, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the U.K. Bribery Act). If the User, at any point in time, fails to be compliant, Gunwale Limited reserves the right to terminate the User’s account without any notice.

20. OTHER CONDITIONS

20.1. If there is a conflict between these Terms and additional terms applicable to a given Website, the additional special terms will control that conflict.
20.2. If the User does not agree to these Terms, the User must not access or use the Website.
20.3. Gunwale Limited provides Services to the User, which are subject to the conditions stated in these Terms. Every time the User visits/uses the Website using its Service, the User accepts all these conditions and rules.

Contact:

Gunwale Limited - Full name of the company.
[email protected] - Official Company's email.
Webuildery - The domain of the website where you use the Privacy Policy.
2024-05-29 - Date of this Terms & Conditions.
Office 6, Unit 4 Westward House, Glebeland Road GU15 3DB Camberley, Surrey United Kingdom - Legal address of the Company.
11373433 - Registration number of the Company.
+44 330 808 1889 - Official phone number of the Company.
United Kingdom - Country of Residence of the Company