Terms of Use

These Terms of Use (together with the documents referred to in them) set out the terms and conditions on which the relevant Desirum User (“you”, “your”) may access and use our website https://desirum.com (our, or this, “Site”) and the Interactive Services. Please read these Terms of Use carefully and ensure that you understand them before using our Site and/or the Desirum Interactive Services.

By using our Site, you confirm that you accept these Terms of Use and that you agree to comply with them and with all applicable Legislation governing the Site and the Interactive Services. If you do not agree to these Terms of Use, you must not use our Site or the Interactive Services.

These Terms of Use form a legally binding agreement between you and Desirum in relation to your use of the Site and the Interactive Services. They apply to all Desirum Users. If you violate these Terms of Use, Desirum may terminate your use of the Site, bar you from future use of the Site and/or take appropriate legal action against you.

The Service Terms comprise these Terms of Use and our Terms of Sale. The Service Terms also incorporate and should be read in conjunction with the Desirum Privacy Policy and Cookie Policy, all of which shall collectively be referred to as the “Desirum Terms”. Unless otherwise indicated, defined terms used in these Terms of Use, the Privacy Policy and the Cookie Policy shall have the meanings given to them in the list at the end of the Terms of Sale.

1. Information About Us

https://desirum.com is a website operated by Desirum LIMITED (“Desirum”, “we”, “us”, “our”). We are registered in England and Wales under company number 12659740, whose registered office is at 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ . Our VAT number is GB351271915.

2. Accessing Our Site and Site Availability

Our Site is made available free of charge for Your non-commercial use on the terms and conditions set out in these Terms of Use. However, you are responsible for making all arrangements necessary for You to have access to our Site. We do not guarantee that our Site, or any content on it or the Interactive Services, will always be available. Access to our Site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Site without notice or liability. We will not be liable to you if for any reasons our Site is unavailable at any time or for any period. Desirum does not warrant the validity and accuracy of information on the Site, third party websites linked to in the Site, or that the Site is kept up-to-date. You acknowledge that the

Site is provided to you over the internet and relies on unrelated third parties such as Site hosting providers, network providers etc the activities of which are outside of Desirum’s reasonable control. Desirum shall use reasonable efforts to ensure that the Site, the Interactive Services and any information it holds on you are kept secure. However, due to the nature of the internet, Desirum does not represent or warrant to you that:
a. Your use of the Site will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any UGC orDesirum Content, search or link on it;
b. Your shared UGC will not be used by a third party in various ways on or off the Site;

3. 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.

4. Your Grant of a Licence to Your UGC to Desirum 

Any UGC You transmit or post on our Site shall be considered non-confidential and non-proprietary and we shall have no obligations with respect to such material. When You transmit, post or share UGC on our Site, you grant us and our assignees a worldwide, non-exclusive, royalty free transferable and sub-licensable licence to copy, disclose, modify, prepare derivative works of, distribute, incorporate and otherwise use (or not use, as the case may be) such UGC and all data, images, sounds, text and other things embodied therein for any and all non-commercial or commercial purposes (including but not limited to advertising, promotion and sale) (“Licence”). We also have the right to disclose Your identity to any third party who is claiming that any UGC posted or uploaded by You to our Site constitutes a violation of their Intellectual Property Rights, or of their right to privacy.

Unless it has already terminated for reasons such as those set out in these Terms of Use, the above Licence shall terminate where:

a. the Desirum Terms terminate with regard to you for whatever reason;

b. Your UGC is deleted off the Site by you or Desirum; or

c. Your Desirum Account is terminated.

5. You hereby agree that by uploading or releasing any Data on or via the Site, You acknowledge that you are wilfully providing the same. You understand that if You release your personal details or initiate contact on the Site, you do so at Your own risk and by doing so you will forfeit your privacy and anonymity to the extent necessary to utilise the Interactive Services. Desirum may release Desirum Member information if required by law, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity. Our Privacy Policy and Cookie Policy apply in full to your use of the Site and the Interactive Services and contain further information about Desirum’s uses of your Data.

6. Conditions of Use and Desirum User Representations, Warranties and Undertakings Subject to the following express restrictions, Desirum grants you permission to access and use the Site. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for your own personal, non-commercial use. You agree that your failure to adhere to any of these restrictions shall constitute a breach of these Terms of Use on Your part. To the extent applicable to you, You agree:

a. not to sell, license, rent, distribute or otherwise exploit any UGC or Desirum Content for any other purposes without the prior written consent of Desirum or the respective licensors of the UGC or the Desirum Content;

b. not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of the Site or the Desirum Interactive Services, including but not limited to any UGC or Desirum Content, in any medium without Desirum’s prior written authorisation, unless Desirum makes available the means for such activity through the functionality offered by the Desirum Interactive Services;

c. not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;

d. not to establish a link to our Site in any website that is not owned by you;

e. if establishing a link to our Site in accordance with these Terms of Use, to do so only in a manner that is fair and legal and does not damage our reputation or take advantage of it, and provided that the Site in which You are linking must comply in all respects with our acceptable use standards;

f. not to alter or modify any part of the Site or any of the Desirum Interactive Services or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

g. not to access UGC or Desirum Content through any technology or means other than the Site itself or such other means as Desirum may explicitly designate for this purpose;

h. not to access or attempt to use the Desirum Code or Desirum Login of other Desirum Users or penetrate or attempt to penetrate Desirum’s security measures;

i. not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Siteor features that prevent or restrict use or copying of UGC or Desirum Content; not to use any area of the Site for any commercial purposes. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Site and barring anyone breaching this provision from future use of the Site. We reserve the right to block access to this Site with respect to any Desirum User who is known or reasonably believed to be (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching these Terms of Use, or infringing Desirum’s rights;

j. not to use the Site to copy, store, host, transmit, send, use, publish, distribute or knowingly introduce any material which consists of (or is linked to) any spyware, viruses, rojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;

k. not to 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;

i. not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any Desirum User of the Site;

m. not to attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching certain provisions above, You may commit a criminal offence and 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 our Site will cease immediately;

n. not to post nor upload any UGC which contains material which is unlawful for you to possess, or which it would be unlawful for Desirum to use; and

o. to keep Your Desirum Login details secure and confidential.

7. Further, by using the Site, You warrant, represent and undertake that you:

a. will comply with all applicable Legislation and Codes of Practice;

b. will comply with any guidelines provided or reasonable instructions issued by us from time to time in respect of your use of the Site;

c. are solely responsible for any breach of your obligations under the Terms of Use due to Your act, omission, default or your failure to comply with any of your obligations under the Terms of Use and for the consequences of any such breach or failure;

d. ensure all information provided to Desirum in respect of yourself (when applying to become a Desirum Member or at any time thereafter) and in respect of the Site is true and accurate in all respects;

e. will comply at all times with the Terms of Use; and

f. are legally capable of entering into binding contracts and that you are eighteen (18) years old or above (or if not, that Your actions are led and supervised by a suitable guardian who is eighteen (18) years old or above).

8. We reserve the right to withdraw any linking permission to all Desirum Users or on an individual basis without notice. If you wish to make any use of content on our Site other than as permitted above, please contact us via the contact information provided below.

9. Termination or suspension of Terms or of access to the Site and/or the Interactive Services

Each of the applicable Desirum Terms shall remain in full force and effect to the extent that a Desirum User (whether registered as a Desirum Member or not) makes use of the Site unless terminated by you or by Desirum in accordance with the DesirumTerms. At Desirum’s sole discretion and without notice or cause and without prejudice to any other remedies available to Desirum, Desirum may at any time terminate these Terms of Use with You and suspend or terminate Your access to the Site.

10. 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. We do not guarantee that our Site will be secure or free from bugs or viruses.

11. No Reliance on Information

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 take reasonable steps to ensure the accuracy of the information accessed via and appearing on our Site, we cannot guarantee or give any warranty, whether express or implied, as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by other Desirum Users and are merely providing access to such content to You. We have no obligation to verify or moderate the content of such information nor to edit any such information provided by other Desirum Users. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and You acknowledge that any reliance on such information will be at Your own risk.

12. Desirum Intellectual Property Rights 

This Site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (“Desirum Content”) are protected by copyright, trade marks and other Intellectual Property Rights owned by us or licensed to us. Desirum Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Desirum or, where applicable, Desirum licensors. Desirum and its licensors reserve all rights not expressly granted in and to the Desirum Content.

13. Limitation of our Liability

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 liability that cannot be excluded or limited by law. This Site and its content are provided “as is” and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms, whether express or implied, which may apply to our Site or any content on it.

14. Third Party Links and Resources in Our Site

Our Site may contain links to other sites, including via our social media buttons, or produce search results that reference or link to third party content on other websites. While we try to link only to sites that share our high standards, we are not responsible for the content, security, or privacy practices employed by other sites and a link does not constitute an endorsement of the content, viewpoint, accuracy, legality, opinions, policies, products, services, or accessibility of that Site. We cannot guarantee, represent or warrant that the content contained in such websites is inoffensive or that they will not contain viruses or otherwise impact your device. Once you link to another website from our Site you are subject to the terms and conditions of that website, including, but not limited to, its Internet privacy policy and practices. Please check these policies before you submit any personal data to these websites. Links are provided for your ease of reference only and Desirum does not endorse such linked websites or accept any responsibility for the content of such websites. You agree and understand that you may not make any claim against Desirum for any damages or losses whatsoever resulting from Your use of the Site to obtain search results or to link to a website. You agree to use third party links at your sole risk and that neither Desirum nor its agents shall have any liability to you for content that may be found to be Inappropriate Content.

15. Entire Agreement 

The Desirum Terms taken together constitute the entire agreement between you and Desirum in relation to your use of the Site and/or the Desirum Interactive Services and supersede any prior representations, inducements or agreements relating to its subject matter. Should the courts strike out as invalid or unenforceable or otherwise alter any part of the Desirum Terms, the remaining terms shall remain valid and in force.

16. Applicable Law 

Desirum tries to meet the highest standards when providing the Site and the Interactive Services. We take any Complaints we receive about this very seriously. We encourage people to bring any Complaints to our attention and we welcome any suggestions for improving our procedures. We will try and solve any disagreements quickly and efficiently. These Terms of Use, our Privacy Policy, our Cookie Policy and your use of this Site and any dispute arising out of or in relation to it are governed by English law. You agree that the courts of England will have exclusive jurisdiction to hear any such

17. Changes to These Terms of Use

\We may amend these Terms of Use at any time without notice by posting the amended terms on this Site. All amended terms will automatically take effect immediately on posting. Please check these Terms of Use periodically to inform yourself of any changes. Your continued use of any portion of the Site following the posting of the updated Terms of Use will constitute Your acceptance of the changes.

18. Contacting Us

If You have any questions about these Terms of Use, please contact us by clicking here, or alternatively at: info@desirum.com