Terms of use

Welcome to our website. The following terms and conditions (the “Terms”), which together with our privacy policy and cookie policy, govern your use of our website (www.grafterr.com) and by continuing, you agree that you have read, understood, and agree to comply with and be bound by them. If you do not agree to these terms please do not use our website.

1. About Us

This website is owned and operated by iHybrid Limited, a company registered in England under company number 10196447 with a registered office at Airport House, Purley Way, Croydon, Surrey, United Kingdom, CR0 0XZ. The term “Grafterr” (or “us”, “we”, “our”) refers to the owner of the website. The term “you” refers to the user or viewer of our website.

2. You can contact us by:

• 2.1. Messaging us via our “Contact Us” page at https://www.grafterr.com/uk/contact-us;
• 2.2. By emailing us at info@grafterr.com;
• 2.3. Writing to us at the above address, or our alternative address of 38 West Gorgie Parks, Edinburgh, EH14 1UT;
• 2.4. Calling us on +44 (0) 131 564 1559.

3. Definitions and Interpretations

• 3.1. “Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• 3.2. “Confidential Information” shall mean certain information and materials, either marked “confidential” or “proprietary” or that a reasonable business person would expect to be confidential or proprietary, including but not limited to information relating to a disclosing party’s or its Group’s business, operations and products, trade secrets, methodologies, potential products, services, processes, customers, business relationships, marketing materials, strategic plans, ideas, research data, development, costs, technologies, financial information and pricing information.
• 3.3. “Virus” refers to any device or thing (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by rearranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices.
• 3.4. Section headings shall not affect the interpretation of these Terms.
• 3.5. Unless the context otherwise requires, words in the singular shall include the plural, and in the plural shall include the singular.
• 3.6. The provisions of these terms of use, which by their nature should survive the termination of these Terms of Use, shall so survive such termination.

4. Using the Website

• 4.1. Access to the website is free of charge from any web browser. It is your responsibility to make the necessary arrangements, such as configuring your information technology, computer programmes and platform, to be able to access our website.
• 4.2. The website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the website. Should the recognized age of majority in your jurisdiction be different to 18 years old, the higher of the two ages shall prevail.
• 4.3. Certain parts of our website require an account in order to use them. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Any significant updates to the User’s personal account information, governed by the Data Protection Act 2018, shall be requested in writing to info@grafterr.com with a valid reason for the requested changes. Grafterr, in its sole discretion and where deemed necessary, reserves the right to request proof of any changes with relation to personal data.
• 4.4. Access to the website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the website or part of the website without notice. We will not be liable or responsible if for any reason the website is unavailable at any time or for any period.
• 4.5. The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
• 4.6. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• 4.7. You may save pages of the website for later and/or offline viewing.
• 4.8. You acknowledge and understand that content and resources may be removed from the website with or without notice at any time and we accept no responsibility or liability for any reliance by you on the continued availability of any content or resources on the website.
• 4.9. You may only play video or audio files using the media player on the website or on the website of one of our licensees who is displaying such material with our authorization.
• 4.10. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
• 4.11. You must not attempt to gain unauthorized access to our website, the server on which our website is hosted or any server, computer or database connected to our website or to attack our website via a denial of service attack. By breaching the provisions of this clause, you may be committing a criminal offense. We shall report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them and your right to use our website shall immediately and automatically cease.

5. Prohibited Uses

• 5.1. You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
• 5.2. As a user of the website, you agree not to:
  • 5.2.1. Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • 5.2.2. Make any unauthorized use of the website with the intention to infringe (or threaten to infringe) another person’s right to privacy or otherwise use their personal data in a way that you do not have a right to, including collecting personal data of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • 5.2.3. Deceive, defraud, or mislead us and other users, or do anything otherwise calculated, especially in an attempt to learn sensitive account information (such as user passwords) or to impersonate another user or person.
  • 5.2.4. Sell or otherwise transfer your profile.
  • 5.2.5. Use our website in any way, or otherwise do anything that: is sexually explicit; is obscene, deliberately offensive, hateful, or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age; is intended or otherwise likely to threaten, harass, annoy, intimidate, inconvenience, upset, or embarrass another person, any of our employees or agents.
  • 5.2.6. Make improper use of our support services or submit false reports of abuse or misconduct.
  • 5.2.7. Use a buying agent or purchasing agent to make purchases on the website.
  • 5.2.8. Use the website to imply any form of affiliation with Grafterr where none exists, or as part of any effort to compete with us or otherwise use the website and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • 5.2.9. Engage in unauthorized framing of or linking to the website.
  • 5.2.10. Circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the website and/or the Content contained therein.
  • 5.2.11. Interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website.
  • 5.2.12. Infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) held by Grafterr or any other party; including, but not limited to, fully or partially deciphering, decompiling, disassembling, reverse engineering, copying and adapting the website’s software, or the deletion of property rights notices from any Content.
  • 5.2.13. Upload or transmit, or attempt to upload or to transmit, viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the website.
  • 5.2.14. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, offline reader, or similar data gathering and extraction tools that accesses the website, or use or launch any unauthorized script or other software.
  • 5.2.15. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the website.
  • 5.2.16. Use the website in a manner inconsistent with any applicable laws or regulations.

We reserve the right to suspend or terminate your access to the website if you breach the provisions of this Section 5 or any of the other provisions of these Terms. Further actions we may take include, but are not limited to: issuing legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis; taking further legal action against you as appropriate; disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or taking any other actions which We deem reasonably necessary, appropriate, and lawful.

6. Products and Pricing Information

All prices are listed and charged to the User’s bank account in GBP (£). Any charges for transactions in foreign currency, other than GBP (£), shall be payable by the User.

Product descriptions and some video demonstrations are available on the website. We make all possible efforts to ensure that all product and pricing information on our website is accurate and updated. However, it is impossible to guarantee with exact certainty that all information on our website will always be accurate and up to date. We reserve the right to refuse any sales should they cause an adverse monetary impact for our company, and/or discontinue any products, without notice, should they become outdated.

7. Promotional Codes and Information

Promotional codes are limited in nature and may expire or be discontinued with or without notice.

Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

If any goods are purchased using a promotional code and the value paid is lower than the full listed value for those goods, any refunds shall reflect the paid value of the goods being returned, rather than the full listed value of the returned goods. Under no circumstances should you receive monetary gains as a result of a refund for goods purchased with a promotional code.

8. Linking

You may establish a link to the website, provided that:

• 8.1. the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
• 8.2. the link does not falsely imply or suggest that we endorse, approve of or are associated with the linked website, its webpages or any of its contents; and
• 8.3. framing of our website on any other website is not allowed and you must not provide access to the website or part of it under any other URL;
• 8.4. the linked website’s main content (i.e. the website’s primary purpose and content, not comments or similar from other users) does not contain material that:
  • is sexually explicit;
  • is obscene, deliberately offensive, hateful, or otherwise inflammatory;
  • promotes violence;
  • promotes or assists in any form of unlawful activity;
  • discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
  • is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  • is calculated or is otherwise likely to deceive another person;
  • is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
  • misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
  • implies any form of affiliation with Us where none exists;
  • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or
  • is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

You may not link to any page other than the homepage of the website. Linking to other pages (known as “deep linking”) requires our express written permission. We, in our sole discretion, may withdraw your right to link to the website without notice and at any time.

9. Third-party Content and Links

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. Although checked regularly, they are not under our control. They do not signify that we endorse these website(s). You should use your own judgement to decide whether the information or service on that website is suitable for your needs. We are not liable or responsible for the content of the linked website(s) and cannot take responsibility for the consequences of your using the information or services on linked websites. We cannot guarantee that these links will work all the time.

10. Website Access Termination

These terms of use are effective until terminated by either you or us. You may terminate these terms of use at any time by discontinuing use of the website and destroying all materials obtained from the website and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.

We may immediately terminate these terms of use with respect to you in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these terms of use. Upon termination, you must cease use of the website and destroy all materials obtained from the website and all copies thereof, whether made under these terms of use or otherwise.

Any copyright infringement, fraudulent, abusive or otherwise illegal activity shall also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.

11. Intellectual Property Rights

11.1. Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, foreign jurisdictions, and international conventions. The User undertakes not to challenge or do anything inconsistent with such ownership.

11.2. The User may provide Grafterr with feedback, alternative options, comments or suggestions about the website, and the User agrees that the Company will be free to use, modify and incorporate such suggestions without any obligation to the User. All intellectual property rights for such modifications remain with Grafterr.

11.3. The Content and the Marks are provided on the website “as is” and on an “as available” basis. Provided that you are eligible to use the website, you are granted a limited license to access and use the website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that such printing is not substantial or systematic and our trademarks, copyright notices and trademark notices are not removed. No part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to the website, the Content and the Marks.

11.4. The User grants Grafterr, by using the website, a royalty-free, irrevocable, perpetual license to use information and/or data collected from the User’s activity on the website, provided that the information or data is anonymised before use. Other than this right, Grafterr claims no intellectual property rights in relation to the information or contents the User inputs into the website.

11.5. Grafterr reserves the right to seek legal advice, and, if found necessary, file legal proceedings against the User for infringement of any of the Company’s intellectual property rights. In addition, Grafterr shall seek maximum penalties available by law for each infringement.

12. Maintenance of the Website

You acknowledge and agree that from time to time we may need to (a) carry out any planned maintenance of the website and/or servers, (b) fix defects and errors in the website, (c) install updates and undertake general diagnosis and maintenance of the website, and/or (d) undertake emergency maintenance and/or suspend access to the servers and that as a result of which the website may be less accessible or unavailable to you. We shall not be held liable for any loss of profits, business, goodwill, use, data or other intangible and tangible losses resulting from any necessary maintenance works to the website.

13. Limitation of Liability

Our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of all losses, claims or liabilities arising under or in connection with these Terms or your use of the website generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the amount paid by you to us in the 12 month period immediately preceding the date on which such loss or liability arose.

13.1. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud of fraudulent misrepresentation or any other liability that cannot be limited by law.

13.2. The information and material contained on the website is for information purposes only and does not constitute advice. Such information and material may be incorrect or out of date and should not be considered as a definitive or complete statement of fact. You should check any information and material on the website and use your own judgment before doing or not doing anything on the basis of such information or material. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, suitability, performance, or completeness of the information or material provided on the website or any website or webpage to which it is linked for any particular purpose. All warranties (express or implied) (including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to the website and/or its content) are hereby excluded to the fullest extent permitted by law.

13.3. We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Any software is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer it is recommended that you obtain specialist advice before downloading it.

13.4. Without prejudice to the generality of the exclusions of liability contained in this Section 13, we shall have no liability to you for any loss or inconvenience suffered if you cannot access the website properly or at all (wholly or partly) or if some of its features, Content, material or other information are unavailable to you due to events outside our control (which shall include without limitation the performance of any internet service provider, communications network failure, host equipment failure, the performance of any internet browser, natural events, acts of war, or legal restrictions and censorship, or limitations of the device you use to access the website).

13.5. Whilst we monitor the website with a view to locating and fixing defects, you acknowledge and agree that we cannot guarantee that the website or any individual feature of the website will be error free and available at all times. We use all reasonable skill and care to ensure that the website is free from viruses and other malware. However, you should use your own virus protection software. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of the website or any other site referred to on the website.

13.6. To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for: loss of or corruption to data; loss of sales, profit, anticipated savings, anticipated revenue; or loss of business or opportunity; or adverse effect on reputation and/or goodwill; or any business interruption; or any indirect or consequential loss or damage.

13.7. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers or those of third parties.

14. Indemnity

The User agrees to defend, indemnify and hold harmless Grafterr, our affiliates, licensees, licensors, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees), resulting from or arising out of a) your use and access of the website, b) any unauthorised use of your account or password, or c) any other breach of these Terms.

In addition, you will indemnify us and our affiliates against any losses, damages, or claims (and all related costs including legal fees), penalties, fines, interest, expenses and other liabilities resulting from a third-party claim against us or affiliate arising from these Terms and relating to a violation or claimed violation of the third party’s intellectual property rights, where the loss, damages or claim arises from us or an affiliate, using or permitting the use of, or being or having been the registered proprietor of a domain name, a brand name, trademark, logo or other intellectual property which the third-party claims violate its own rights, or where it is claimed we or an affiliate have assisted or permitted you to use or to be a registered proprietor of such rights in violation of the third party’s own rights.

15. Severance

If any part of these Terms is, at any time, found to be invalid by a court, tribunal or another forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these Terms. An amendment of these Terms shall be deemed to have been undertaken by any modification or severing parts of the Terms as necessary to render them valid, legal and enforceable while preserving their sole purpose. Or, if this is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable part or parts shall be severable from these Terms, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.

16. Dispute Resolution, Law and Jurisdiction

16.1. No delay or failure on our part to enforce our rights or remedies under these Terms shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

16.2. Any dispute arising out of or in connection with these Terms shall to the extent possible be settled amicably by negotiation between the parties within thirty (30) days from the date of written notice by either party of the existence of such a dispute. If the parties do not reach settlement within a period of thirty (30) days, they will attempt to settle it by mediation before resorting to litigation. The parties shall attempt to agree upon the appointment of a mediator, upon receipt, by either of them, of a written notice to concur in such appointment. Should the mediation fail, in whole or in part, either party may decide to take the dispute or claim to court for final decision.

16.3. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. For our exclusive benefit and to the extent possible in the applicable jurisdiction, we retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms or (if different) the country of your principal place of business.