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Terms and Conditions


ENGINE YARD VILLAGE LIMITED TERMS AND CONDITIONS

Last Updated: 27/06/2018

INTRODUCTION

The Terms and Conditions (“Terms”) describe how Engine Yard Village Limited, Belvoir Castle, Belvoir, Grantham, Lincolnshire, NG32 1PE, registered in the UK as a charity number 10508784 (“Company,” “we,” and “our”) regulates your use of this website.

https://www.engineyardbelvoir.com/ (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the Site frequently to see the actual version of the Terms and their previous versions.

If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.

1. PRIVACY POLICY

Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the Site you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.

2. SERVICES

The Site allows you to use Services available on the Site. You shall not use the services for the illegal aims.

We may, at our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.

We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.

3. THIRD PARTY SERVICES

The Site may include links to other sites, applications, and platforms (hereinafter the “Linked Sites”).

The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.

4. PROHIBITED USES AND INTELLECTUAL PROPERTY

The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.

You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.

All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the “Content”). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.

5. THE COMPANY MATERIALS

By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.

No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.

By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.

6. DISCLAIMER OF CERTAIN LIABILITIES

The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.

The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.

To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.

If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.

7. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The may assume the exclusive defence and you shall cooperate with the Company in asserting any available defences.

8. TERMINATION AND ACCESS RESTRICTION

The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.

9. MISCELLANEOUS

The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.

No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.

Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.

The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.

The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.

In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.

DELIVERY CHARGES

Our delivery charges are a Flat Rate and charged accordingly.

MISSING, DAMAGED OR INCORRECT ORDERS

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us of the problem by emailing the address noted in clause 10.4.1 or writing to us at the address noted in clause 10.4.2. Therefore, upon receipt of your goods you should inspect your goods to ensure they have not been damaged in transit, and they are what you ordered, and the delivery is of a correct quantity. To assist us, and to minimise any delays, in addressing your problem you should report any problem (please quote your invoice number when contacting us) within 24 hours of the delivery of the goods in question. Not doing this may lead to delays in addressing your problem.

YOUR RIGHT TO CANCEL YOUR CONTRACT

The right to cancel your contract detailed in this clause 10 shall only apply if you are ordering from the European Economic Area.

You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

You cannot cancel your contract if:

you return the goods without proof of purchase;

[the seal has been broken on any audio recordings, video recordings or software;]

[the goods were newspapers, periodicals or magazines;]

[the goods are made to your specification or have been personalised; or ]

by reason of their nature cannot be returned.

To cancel your contract you must notify us in writing by:

emailing us at marketing@belvoircastle.com

If you have received the goods before you cancel your contract then, unless under clause 10.3 you do not have a right to cancel, you must send the goods back to us at the address noted in clause 10.4.2 at your own cost and risk. You must take reasonable care to see the goods returned to us are not damaged in transit. We therefore recommend that you return the goods to us using Royal Mail’s registered post or using a reputable courier (in each case please ensure the goods are insured to their replacement value). We will not accept liability for goods that are damaged in transit and recommend you ensure the goods are sufficiently packaged to prevent this happening. The goods must be complete and in an ‘as new’ condition. If you have opened the box to examine the goods you must have done so using reasonable care. The goods should be returned with the original accessories and, where possible, the original box and packaging.

If you cancel your contract, but we have already processed the goods for delivery, you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address noted in clause 10.4.2 at your own cost and risk as soon as possible. Again, you must take reasonable care to see the goods returned to us are not damaged in transit. We therefore recommend that you return the goods to us using Royal Mail’s registered post or using a reputable courier (in each case please ensure the goods are insured to their replacement value). We will not accept liability for goods that are damaged in transit and recommend you ensure the goods are sufficiently packaged to prevent this happening.

Once you have notified us that you are cancelling your contract, any sum debited by us from your debit or credit card will be re-credi

RETURN OF FAULTY GOODS

In the unlikely event of a fault with your goods please contact our support staff:

by emailing: marketing@belvoircastle.com

Our support staff will discuss the alleged fault with you. If your goods need to be returned to us, our support staff will give you further instructions. Please also enclose with the return package a written description of the alleged fault in the goods. The return to us of the allegedly faulty goods will be at your own cost and risk. We therefore recommend that you return the goods to us using a form of registered or special post or using a reputable courier (in each case please ensure the goods are insured to their replacement value). We will not accept liability for goods that are damaged in transit and recommend you ensure the goods are sufficiently packaged to prevent this happening. When returning the goods to us please do not use a premium courier service (e.g., sameday delivery) because we will only refund to you your reasonable direct costs of delivering the goods to us if the fault is verified.

Upon receipt of the allegedly faulty goods, they will be extensively tested for the reported fault. If after testing we verify the fault (or you have the fault verified by an independent expert) we will refund the reasonable direct costs of delivering the faulty goods to us and we will offer you either a refund, repair or exchange as is reasonable in your specific circumstances.

However, if we cannot verify the fault (or you cannot have the fault verified by an independent expert) or we prove the goods are not faulty, the returned goods will be returned to you. You will be responsible for the cost of postage and packaging for the return of the goods to you in such circumstances. We reserve the right to charge you a fee for our time in diagnosing a purported fault where we can show you that the goods are not faulty.

To qualify for a refund or exchange of the goods:

you must give us proof of purchase (e.g., a receipt, cheque stub or credit or debit card receipt); and

the goods must otherwise be in an ‘as new’ condition and complete with any original accessories (and, if possible, the original box and packaging).

Please return the goods to us at the address noted in clause 10.4.2.11.7 We will not repair, exchange or refund goods whose fault was caused through accident, neglect, misuse or normal wear and tear.

LIABILITY

We warrant to you that any goods you purchase from us through this website are of satisfactory quality and fit for their normal purpose (or any specific purpose you have made known to us which we have confirmed the goods fit for).

If you or we notify a problem under clauses 9.1 or 11, our only obligation to you will be, at your option (subject to as otherwise provided for in those clauses):

to make good any shortage or non-delivery;

to, as is reasonable in your circumstances, replace or repair any goods that are damaged or defective; or

to refund to you the amount paid by you for the goods in question.

We will not be liable under our contract with you for any loss, damage or expense you suffer as a result of us breaking any of our obligations if the loss, damage or expense is not a foreseeable consequence of us breaking our obligation. Loss, damage or expense is foreseeable where they could be contemplated by you and us at the time our contract with you is concluded. We are not responsible for indirect or consequential losses, damages or expenses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity). Under no circumstances shall we have any liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.

[Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this clause 12 and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 12.2.3 above

Our maximum liability to you in connection with any goods purchased through our website is strictly limited to the purchase price of the goods in question

We will take reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

Our liability to you shall not in any way be limited:

for death or personal injury caused by our negligence;

under section 2(3) of the Consumer Protection Act 1987;

for fraud or fraudulent misrepresentation; or

for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our website. If you order products from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. Please contact your local customs office for further information before placing your order.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under English law or under the law of your home country.

ADDITIONAL TERMS

Additional terms and conditions may apply for our offers. If so, you will be advised of them at the relevant point.

 10. COMPLAINTS

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this  Terms or our practices in relation to your personal data, please contact us at: datacontroller@belvoir.com We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority

11. CONTACT INFORMATION

We welcome your comments or questions about this  Terms. You may contact us in writing at  datacontroller@belvoir.com

BELVOIR ENGINE YARD VILLAGE LIMITED

Company number 10508784

Registered office address

Bowden House, 36 Northampton Road, Market Harborough, Leicestershire, United Kingdom, LE16 9HE

Company status Active

Company type Private limited Company

Incorporated on 2 December 2016