TERMS AND CONDITIONS
This agreement applies as between the Purchaser and Do Be, the owner of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website, and at or prior to that point you will have entered into a contract with Do Be for the use of the Website and any Products obtained by you by means of the Website. These terms and conditions form part of that contract.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Do Be issuing a password and username to enable the Purchaser and Users to use the Website creates the contract between Do Be and the Purchaser for the use of the Website.
1. Definitions and Interpretation
In this agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Content and/or any communications System on the Website;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Intellectual Property Rights"
“Location” means Do Be Limited (a company registered in Scotland under registration number 315291 whose registered office is at Merlin House, Cross Way, Hillend Industrial Park, Hillend, Fife KY11 9JE, Scotland);
means all rights in (and to) such of the following as may be owned, or licensed (either explicitly or implicitly) by Do Be: patents, registered or unregistered designs, trade marks, service marks, trade names, business names and applications for any of the foregoing, the right to apply for registration of any of the foregoing in any part of the world, any similar or analogous rights in any country, copyrights, design rights, database rights or any similar or analogous right in any country, any inventions, know-how, confidential knowledge owned by Do Be, all business and agreements relating to any of the foregoing, drawings, blueprints, plans, specifications, data and descriptive materials, technical files and reports, designs and the benefit of all research, development and design work.
means any IT equipment located on any site nominated by you when opening your Account;
“Product” means any details required for the purchase of Service or Product from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
means our place(s) of business located at Merlin House, Cross Way, Hillend Industrial Park, Hillend, Fife KY11 9JE, Scotland;
means any products that Do Be advertises and/ or makes available through this Website;
“Purchaser” means any person, organisation or business that has contracted with Do Be to use this Website;
“Service” means (collectively) any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
means collectively any online facilities, tools, services or information that Do Be makes available through the Website (either now or in the future);
“System” means any online communications infrastructure that Do Be makes available through the Website either now or in the future. This includes (but is not limited to) web-based email, message boards, live chat facilities and email links;
“User”/“Users” means any 3rd party who accesses the Website and is not employed by Do Be, and who is acting in the course of his/her employment with the Purchaser; and
“Website” means the website that you are currently using (www.do-be.co.uk) and any sub-domains of this site (e.g. subdomain.) unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 All Intellectual Property Rights in and all Products and all Content included on the Website are the property of Do Be, our affiliates or other relevant 3rd parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
2.2 You may not reproduce, copy, distribute, store, share with 3rd parties or in any other fashion re-use material from the Website unless otherwise indicated on the Website, or unless given express written permission to do so by Do Be.
2.3 Do Be grants you a limited licence to access and make personal use of the Website at the Location and not to share with 3rd parties, to download (other than as necessary for page viewing) or modify it, or any portion of it (except with our prior written consent). This licence does not include any resale or commercial use of the Website or the Content, any collection and use of any product listings, descriptions, or prices, any derivative use of the Website and the Content, any downloading or copying of account information for the benefit of another, or any use of data mining, spiders, robots, or similar data gathering and extraction tools. The Website (or any portion of it) may not be reproduced, distributed, duplicated, republished, copied, sold, resold or otherwise exploited without our prior written consent. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Do Be without express written consent. Any unauthorized use of the Website automatically terminates your permission or licence to use our Website.
2.4 In respect of any Products purchased by you, Do Be grants you a limited, non exclusive, revocable licence to access the Products at the Location by means of the Website and to use the Products in accordance with these terms and conditions. This licence may not be transferred by you to 3rd parties, nor may you allow any unauthorised 3rd party to gain access to the Products. Any breach of this clause or of these terms and conditions will constitute a breach of contract, and (without prejudice to any other remedies available to Do Be, entitle (but not oblige) Do Be to terminate the contract without compensation to you. Do Be may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all, part or any of its rights under the contract and/or licence and may subcontract or delegate in any manner any or all of its obligations under the contract and/or licence to any third party or agent.
3. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Do Be or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
4. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.do-be.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Do Be. To find out more please contact us by email at [email protected] or by phoning us on 01383 829969.
5. Use of Communications Facilities
5.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
5.1.1 obscene or vulgar language must not be used;
5.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes (but is not limited to) Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
5.1.3 Content that is intended to promote or incite violence must not be submitted;
5.1.4 it is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
5.1.6 Users must not impersonate other people, particularly employees and representatives of Do Be or our affiliates; and
5.1.7 our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.
5.2 You acknowledge that Do Be reserves the right to monitor any and all communications made to us or using our System.
6.1 In order to purchase or use Products and/or Service from this Website and to use the forums/chat or similar facilities, Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made. By continuing to use this Website you represent and warrant that:
6.1.1 all information you submit is accurate and truthful;
6.1.2 if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
6.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
6.2 You undertake not to share your Account details (and in particular your username and password) with any 3rd party (other than a User) and acknowledge that any breach of this undertaking will be a breach of contract. Do Be accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
6.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Do Be immediately to suspend your Account and cancel any unauthorised purchases that may be pending. In the event that an unauthorised purchase is obtained prior to your notifying us of the unauthorised nature of the purchase, Do Be accepts no liability or responsibility.
6.4 When choosing a username Users are required to adhere to the terms set out above in clause 6. Any failure to do so could result in the suspension and/or deletion of your Account.
7. Termination and Cancellation
7.1 Either Do Be or a User may terminate an Account. If Do Be terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
7.2 If Do Be terminates an Account, any current or pending purchases on your Account will be cancelled.
7.3 Do Be reserves the right to cancel purchases (without stating reasons) for any reason prior to processing payment.
7.4 If purchases are cancelled for any reason prior to accessing, Purchasers will be refunded any monies paid in relation to those purchases.
7.5 If a User terminates its Account any un-accessed purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Product and/or Service was purchased.
8.1 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Do Be.
8.2 Without prejudice to any other right or remedy available to Do Be (whether under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) or otherwise) Do Be may (at its sole discretion) charge interest on all amounts overdue for payment at a rate equivalent to 5% over the base rate of the Royal Bank of Scotland plc (as that rate fluctuates) per annum (compounded monthly) from the due date for payment until payment in full is received by Do Be.
8.3 Payment by the Purchaser shall not be treated as having been made until any cheque or other payment given by the Purchaser has been met on presentation (or otherwise honoured in accordance with its terms) so that Do Be shall have received cleared funds
8.4 In the event of the failure of the Purchaser to pay (or delay in the payment of) any sum due to Do Be (or in the event that Do Be reasonably anticipates such failure) then Do Be shall be entitled immediately to cease performance under the contract and shall be entitled to suspend, to refuse to give or to limit the amount of credit to be given to the Purchaser.
8.5 In the event that the Purchaser’s procurement procedures require that an invoice be submitted against a purchase order to payment, the Purchaser shall be responsible for issuing such purchase order before use of the Website commences.
9.1 Do Be makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of 3rd parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
9.2 No part of this Website is intended to constitute advice and the Content should not be relied upon when making any decisions or taking any action of any kind.
9.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
10. Changes to the Service and these Terms and Conditions
Do Be reserves the right to change the Website, its Content or these terms and conditions at any time. Users and Purchasers will be bound by any changes to the terms and conditions from the first time the Website is used by them following the changes.
11. Availability of the Website
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Do Be accepts no liability for any disruption or non-availability of the Website resulting from external causes including (but not limited to) ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
12. Limitation of Liability
12.1 To the maximum extent permitted by law, Do Be accepts no liability for any direct or indirect loss or damage (foreseeable or otherwise) including any indirect, consequential, special or exemplary damages arising from the use of the Website or any Content. Users should be aware that they use the Website and its Content at their own risk.
12.2 Nothing in these terms and conditions excludes or restricts Do Be’s liability for death or personal injury resulting from any negligence or fraud on the part of Do Be.
12.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
13. No Waiver
In the event that any party to these terms and conditions fails to exercise any right or remedy, this shall not be construed as a waiver of that right or remedy.
14. Previous Terms and Conditions
In the event of any conflict between these terms and conditions and any prior versions of them, the provisions of these terms and conditions shall prevail (unless it is expressly stated otherwise).
All notices/communications shall be given to us either by post to our Premises or by email to [email protected] Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
16. Law and Jurisdiction
These terms and conditions and the relationship between you and Do Be shall be governed by and construed in accordance with the law of Scotland (unless the Purchaser is a consumer, in which case the law of the Purchaser’s domicile shall apply), and Do Be and you agree to submit to the non-exclusive jurisdiction of the courts of Scotland (unless the Purchaser is a consumer, in which case the courts of the Purchaser’s domicile shall have jurisdiction).