Website Usage Terms
Access to this Site and Changes
Access to and use of this website ("this Site") is provided by us subject to these Site Terms. "We" or "Us" are B-Loony (UK) Limited, a company registered in England with registered number 1815839 whose registered office is at Cape House Bellingdon Road Chesham Bucks HP5 2HQ 1.Your use of any part of this Site constitutes your acceptance of these Site Terms which takes effect on the date on which you first use this Site. If you do not agree with these Site Terms, you should cease using this Site immediately. 2.We reserve the right to change these Site Terms at any time without notice to you by posting changes on-line. You are responsible for regularly reviewing information posted on-line to obtain timely notice of such changes. Your continued use of this Site after changes are posted constitutes your acceptance of the amended Site Terms. 3.You are responsible for bringing these Site Terms to the attention of all persons accessing this Site through your Internet connection. 4.You must not interfere with another person's use of this Site or otherwise act in a way that negatively affects another person's use of this Site. 5.You shall not use this Site in any way which in any respect:
- is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
- is fraudulent, criminal or unlawful;
- is inaccurate or out-of-date;
- may be obscene, indecent, pornographic, vulgar, racist, sexist, discriminatory, offensive, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
- impersonates any other person or body or misrepresents a relationship with any person or body;
- may infringe the copyright or any intellectual property rights or privacy or other rights of us or any third party;
- may be contrary to our interests; or
- involves your use, delivery or transmission of any viruses, unsolicited e-mails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6.You shall fully and promptly indemnify us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which we may suffer or incur as a result (direct or indirect) of any breach by you of any obligation on you under these Site Terms.
Availability of This Site, Security and Accuracy
7.Whilst we endeavour to make this Site available 24 hours a day, we will not be liable if for any reason this Site is unavailable at any time or for any period. We make no warranty that your access to this Site will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions. 8.Access to this Site may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of this Site for any reason. If we impose restrictions on you personally, you must not attempt to use this Site under any other name or user. 9.We do not warrant that this Site will be compatible with all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of this Site or your obtaining any material from, or as a result of using, this Site. We shall also not be liable for the actions of third parties in breaching any security measures. 10.We may change or update this Site and anything described in it without notice to you. 11.Whilst we endeavour to ensure that information and materials on this Site (including without limitation details about our products and services) are correct, no warranty, express or implied, is given that they are complete, accurate or up-to-date and we do not accept any liability for any errors or omissions. If you place orders through or as a result of using this Site, you are responsible for ensuring that your orders contain all necessary and accurate information. 12.The contents of this Site are intended for convenience only. Nothing on this Site shall constitute advice specific to your circumstances or a recommendation. We do not suggest that any product mentioned on this Site is either available to you or complies with laws outside of the United Kingdom.
Our supply of products
13.Supplies of our products referred to on this Site shall be governed by our terms and conditions applicable to the sale or supply of those products. A copy of the relevant terms and conditions are on this Site or available to you upon request by contacting us by e-mail, telephone, fax or post at the contact details set out at the end of these Site Terms.
Our liability to you
14.WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION. 15.TO THE EXTENT POSSIBLE BY LAW, IN ALL CASES OTHER THAN IN RESPECT OF THE PRODUCTS WE SUPPLY FOR A CHARGE, TO THE EXTENT PERMITTED BY LAW WE SHALL NOT BE LIABLE FOR ANY DIRECT OR CONSEQUENTIAL LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION AND LOSS OF PROFITS) ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE, OR ANY MATERIAL CONTAINED IN IT OR ACCESSIBLE FROM IT, OR FROM ANY ACTION OR DECISION TAKEN AS A RESULT OF USING THIS SITE OR ANY SUCH MATERIAL.
Third Party Websites
16.Although we have sought to carefully select any site to which a link from this Site exists, we have no control over and accept no responsibility for the content of such linked sites. The links are provided "as is" with no warranty, express or implied, for the information provided within such sites. 17.You must not without our permission frame any of this Site onto your own or another person's website. 18.We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of this Site, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular: 1.you shall not make any warranties or representations about us or our affiliates or our products, services or policies except with our prior express authorisation; 2.you shall not say anything that is false, misleading, derogatory or offensive about us or our affiliates or our products, services or policies; and 3.you shall not suggest expressly or impliedly that we have endorsed your site or are associated with it where this is not the case. 19.You agree to be bound by the Copyright Notice and Privacy Statement currently in force.
Severability
20.If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Site Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
Contacting us
21.If you want to contact us for any reason, please contact us by e-mail at balloons@b-loony.co.uk by telephone at 01494 774 376 by fax at 01494 791268 or by post at the address above.
English law and jurisdiction
22.These Site Terms shall be governed by and construed in accordance with English law. You submit to the non-exclusive jurisdiction of the English courts to settle any dispute which may arise under these Site Terms. We shall also have the right to bring a claim against you in the jurisdiction in which you are based.