Legal Terms

Acceptable Use Policy

This Acceptable Use Policy (AUP) governs your use of our website at www.blackelephant.design (our site).

By using any part of the site, you agree to abide by the terms of this AUP.

Prohibited Uses – Overview

You may use the site only for lawful purposes. You may not use it

  • in any way that breaches any applicable local, national or international law or regulation.
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • for the purpose of harming or attempting to harm anyone, including minors, or in any manner which will, or is likely to, infringe the personal rights of others;
  • in any manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • in connection with any defamatory, indecent, obscene, offensive, threatening or abusive conduct or activity; or
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, ransomware, worms, time-bombs, bots, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Specific Prohibitions

Without prejudice to the generality of the principles set out above, unacceptable use includes, but is not limited to, the following:

  • use which causes damage, detriment or disruption to our business, including our services, our site and/or the business or activities of our clients, or which may generate or create any liability for us or our clients.
  • use of any methods or techniques for extracting data without our consent (e.g. data scraping or data mining).
  • deceptive practices or ways of working.
  • actions that restrict or inhibit anyone in their use or enjoyment of our site.
  • causing or attempting to cause security breaches or disruptions of Internet communications (e.g. accessing data of which you are not an intended recipient, or logging into a server or account that you are not expressly authorized to access).
  • executing any form of network monitoring that will intercept data not intended for you.
  • circumventing user authentication or security of any host, network or account.
  • interfering with or denying service to any user (e.g., denial of service attack).
  • using any programme/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.
  • furnishing false or incorrect data of any kind.
  • sending junk mail or other advertising material to individuals who did not specifically request such material.
  • exporting or re-exporting data or content in violation of export or import laws or without all required approvals, licenses and exemptions.

Enforcement

We will determine, in our discretion, whether there has been a breach of this AUP. When a breach of this AUP has occurred, we may take such action as we deem appropriate.

Issue of a warning to you.

  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of information to law enforcement and other regulatory authorities.

We exclude liability for actions taken in response to breaches of this AUP. The responses described in this AUP are not limited, and we may take any other action we reasonably deem appropriate.

Changes to this Policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make. Amendments shall automatically come into effect 30 days after notification unless you notify us that you do not agree to any of the proposed amendments. Some of the provisions contained in this AUP may also be superseded by provisions or notices published elsewhere.

Waiver and Severance

Any failure or delay in exercising or enforcing this Policy shall not constitute a waiver of any right or remedy.

Questions?

If you have any questions concerning compliance with this AUP, please contact us at studio@blackelephant.design.

Website Terms of Use

Who we are and how to contact us

This website (www.blackelephant.design) (site) is operated by Black Elephant ID Studio Ltd (We). We are registered in England and Wales under company number 08217572 and our registered office is at 1 Howard Close, London, England, N11 1EH. Our main trading address is 31 Friern Barnet Road London, N11 1NE. Our VAT number is 143 3104 58.

To contact us, please email studio@blackelephant.design.

By using our site you accept these terms

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, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

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

  • Our Privacy Notice.
  • 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.

We may make changes to these terms

We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our site

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. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also 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.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, 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 site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

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 site must always be acknowledged.

You must not use any part of the content on our site 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 site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

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.

We are not responsible for websites we link to

Where our site 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 us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources. Our responsibility for loss or damage suffered by you

This site is for business users only

  • 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.
  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • 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, our site; or
    • use of or reliance on any content displayed on our site.
  • 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.

How we may use your personal information

We will only use your personal information as set out in our Privacy Notice.

We are not responsible for viruses and you must not introduce them

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 to access our site. You should use your own virus protection software.

You must not misuse our site 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 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.

Rules about linking to our site

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 site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site 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 the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact studio@blackelephant.design.

Which country's laws apply to any disputes?

These terms of use, their subject matter and their 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.

Our trade marks

"Black Elephant" is a trade mark of Black Elephant ID Studio Ltd. You are not permitted to use that trade mark without our prior written approval.