Equiem Services Ltd – September 2017
Please do not proceed to use this website (the "Website") until you have read, understood and accepted these terms and conditions. If you have any queries, please contact us and we will be pleased to assist.
Equiem Services Ltd
Phone: 0800 0418 132
1.1 This document (“Agreement”) is a legal contract between You (the user of the Equiem website) (“the Website”) and , Equiem Services Ltd registered in England and Wales under company number 107737553 and with its registered office at 1 Fore Street, London, EC2Y 9DT. the operator of the Website (“Equiem”).
1.2 The following are the terms and conditions for the Website. By visiting and/or using the Website you accept these terms and conditions and agree to be bound by them. Equiem may change this Agreement from time to time and any changes are effective immediately on posting the modified Agreement on the Website.
2.0 Unauthorised Activity
2.1 You must be a registered user to access this Website and use its features. You may not use another member’s registration. When registering you must provide accurate information, and keep this information accurate over time on the My Account page. You are solely responsible for any activity, including purchases and posting of comments, that occurs under your registration. If you suspect any unauthorised use of your account, you must change your password and notify Equiem immediately by contacting firstname.lastname@example.org.
2.2 You must be over 18 to register and use this Website.
2.3 You must keep your account details safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
3.0 Using the Website
3.1 Equiem may change the Website at any time, does not guarantee that all features of the Website will be retained over time, and may close the Website at any time. Equiem may terminate your account or restrict Your access if it reasonably considers there has been a breach of this Agreement by You.
3.2 You must not access (or attempt to access) the Website by means other than through the interface provided by us. You must not engage in activity that interferes with or disrupts the Website or the servers and networks that host the Website, including by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. You may not use, copy, distribute or commercialise any information on the Website (“Content”) or any information generated by it (“Data”) without Equiem’s prior written consent. You must not circumvent, disable or otherwise interfere with any security features of the Website. You must not engage in any fraudulent, abusive or illegal activity in using this Website, including breaches of this Agreement, and any such activity may be referred to appropriate law enforcement agencies.
3.3 The goods and services promoted through this Website are provided by third parties. Equiem does not sell or guarantee these goods and/or services. Equiem will pass your order for any goods and/or services to the provider of those goods and/or services (the "Merchant"). Such order is subject to the terms and conditions of this Agreement, and any specific terms and conditions specified by the Merchant. The price of the goods and/or services will be as specified on the Website at the time that you place your order, plus any additional charges for delivery which will be specified separately on the Website.
3.4 The Merchant may occasionally be unable to fulfil your order, for example if a product you have ordered is not available. Where this happens, Equiem will provide a full refund of any payment received. Where the Merchant has received payment for the goods and/or services and is subsequently required to pay a full refund, the Merchant shall transfer the full refund to Equiem (via Stripe Payments UK Limited, 7th Floor The Bower Warehouse 211 Old Street London EC1V 9NR, FRN 900461, "Stripe") who shall return the same to you. For the avoidance of doubt, Equiem shall never take receipt of funds to be transferred. All payment services shall be carried out by Stripe.
3.5 If you have purchased goods and/or services on behalf of someone else, You as the registered user remain fully liable for all costs and for ensuring the recipient complies with this Agreement and with the Merchant's terms and conditions. It is your responsibility to ensure that any goods or services purchased are appropriate for the recipient. In particular, you should not purchase any age-restricted goods and/or services on behalf of anyone under the age of 18 under any circumstances.
4.0 Price, Payment and Delivery
4.1 The prices of goods and/or services and other charges are shown inpounds sterling and include VAT. Prices may change and are current at the time of display. All payments must be received in full before an order is passed onto a Merchant. The sales contract between you and the Merchant will take effect when Equiem (via Stripe Payments UK Limited, 7th Floor The Bower Warehouse 211 Old Street London EC1V 9NR, FRN 900461, "Stripe") is deemed to have received full payment from you. For the avoidance of doubt, Equiem shall never take receipt of funds to be transferred. All payment services shall be carried out by Stripe.
4.2 On the Merchant's receipt of notice of the order, your order will be delivered to you in the manner specified on the Website. Please note that Equiem is not responsible for the delivery of goods and services. Delivery is the responsibility of the Merchant and is subject to the Merchant's terms and conditions. Some goods and/or services may only be available for delivery or consumption during certain periods or within certain time limits. You are responsible for collection of any goods or services where relevant, including collecting them within any recommended or reasonable time limits. The Merchant, not Equiem, is the seller and supplier of the goods or services you have ordered and is solely responsible for delivery of any orders you place.
5.1 Equiem aims to provide you with a convenient, cost effective method of purchasing goods and/or services. Equiem relies on our Merchants to supply these goods and services to you. If you have any complaints about the goods and/or services ordered through the Website, please notify both the Merchant and Equiem as soon as possible. While Equiem is not liable for any claims you may have against the Merchant, Equiem will use reasonable endeavours to resolve disputes with the Merchant. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
6.0 Email Policy and Links to 3rd Party Sites
6.2 The Website may include links to third party sites that are controlled and maintained by others. Any link to other internet sites is not an endorsement of such sites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
7.2 You agree and acknowledge that neither Equiem nor the owners of the building to which the Website relates (“the Building Owners”), are the seller or supplier of the goods and/or services that are offered through the Website. All goods and services offered through the Website are sold and supplied by the Merchant as specified on the Website and the Merchant has sole responsibility for providing the goods and/or services ordered through the Website.
7.3 For the removal of doubt, by purchasing goods or services through the Website you are not entering into any relationship or agreement with the Building Owners. You acknowledge and agree that you have no claim against the Building Owners in relation to the Website or the provision of any goods and/or services ordered through the Website.
7.4 Equiem uses its best endeavours to monitor orders and ensure they are provided accurately and successfully to Merchants, provide a high quality internet portal experience for users, and select reputable, consistent and high quality Merchants. However, as all goods and services which you purchase through this Website are supplied by Merchants and not by us, we cannot guarantee or assume responsibility for any such goods and/or services. The goods and services which you purchase are sold by the Merchant and are subject to the Merchant's terms and conditions of sale. We will not be a party to or in any way responsible for monitoring any transaction between you and any Merchant except as expressly set out above.
7.5 It shall be your responsibility to make all necessary enquiries and take any action you consider necessary if you require insurance or require the Merchant to be insured or to have insurance coverage that covers you in respect of the provision of their goods and/or services, prior to proceeding with any booking or services.
8.0 Liability and Indemnity
8.1 Subject to clause 8.2, Equiem accepts no liability (including for loss or damage, whether direct or indirect) for any act, omission or default, whether negligent or otherwise of any Merchant.
8.2 Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in any applicable terms and conditions of sale between you and the third party provider.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Website; or
use of or reliance on any content displayed on our Website.
- In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user:
- You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place minimum system requirements advised by us.
9.0 Information displayed on the Website
9.1 Information about goods and/or services promoted on the Website, is based on material provided to Equiem by the Merchant and Equiem does not independently check the accuracy of the information supplied.
9.2 You understand and agree that except to the extent required by law, Equiem does not accept liability in respect of errors or omissions caused by incorrect or inadequate information provided by our Merchants. You should make your own enquiries to verify information provided about the goods and/or services promoted on the Website and to assess the suitability of these goods and/or services before you purchase through the Website. Your purchase of any goods and/or services offered through our Website is also conditional upon your acceptance of the Merchant's terms and conditions as notified at the time of the transaction.
9.3 You agree and acknowledge that:
- goods and/or services may be limited in terms of delivery and availability;
- where Merchants offer services on the basis of 'sessions' or otherwise on a time basis the advertised duration may be indicative and approximate;
- the supply of goods and/or services by a Merchant is subject to that Merchant's own terms and conditions of sale. You should read the Merchant's terms and conditions of sale before purchasing any product or service;
- photographs appearing on our Website to illustrate details of offers of Merchants are generally those made available to us by Merchants. They are intended to be indicative only of the services, venues and locations at which services are offered by Merchants;
- a representation on the Website that services will be available over a range of dates does not preclude you from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice;
- restaurant menus advertised on the Website are indicative only and subject to change without notice; and
- where Merchants offer a course or series of sessions or treatments (such as beauty treatments and waxing appointments) you acknowledge and agree that these may need to be scheduled at intervals to be determined in consultation with the Merchant, in order to maximise the efficacy of the services provided or to minimise risks to health or wellbeing.
10.1 You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("Content") posted on, transmitted through or linked from the Website are the sole responsibility of the person from whom such Content originated.
10.2 To make any contribution, view Content or enter into any transaction in relation to this Website, you must register to become a member.
10.3 As a member, you agree that you are responsible for any Content submitted, posted or made available through the Website via your account and you must not post (or allow Content to be posted) through your account that:
- you do not have the right to post;
- is defamatory or in contempt of any legal or other proceedings;
- is misleading or deceptive;
- incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality, sexual orientation or ethnic or national origins;
- denounces religious or political beliefs;
- includes religious or political material which is or is likely to be offensive;
- is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
- infringes any intellectual property right of another person;
- contains any unsolicited or unauthorised advertising or promotional material;
- contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
- impersonates any person or misrepresents your relationship with any person.
10.4 Equiem reserves the right, in its absolute discretion, to pre-screen, refuse or remove any Content from the Website without giving any reasons.
10.5 You understand and agree that we may retain server and backup copies of your submitted Content even if you have altered, removed or deleted your content from public display. You are responsible for securing and backing up your Content.
11. Intellectual Property, Confidentiality and Privacy
11.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Nothing in these terms gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
11.2 Other trade marks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
11.3 By contributing Content to the Website in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the Website, you will retain all of your intellectual property rights in your Content, but you automatically grant, and you represent and warrant to Equiem that you have the right to grant, to us and other users of our Website an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, store and copy that content and todistribute and make it available to third parties.
11.4 All copyright, trade marks and all other intellectual property rights in the Website and its Content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Equiem. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
12. Terms & Conditions of Entry to Competitions
12.1. By entering competitions/giveaways (“Competitions”) on the Website, entrants accept these Terms & Conditions of Entry. Information on prizes and how to enter Competitions,and associated information about the competition (“the Related Information”), form part of the Terms & Conditions of Entry.
12.2 Entry to a Competition on the Website is open only to people registered on the Website, excluding employees of Equiem. Unless otherwise specified, only one entry is allowed for each person.
12.3 Entries close on the specified date of each Competition. An entrant to be awarded a prize in a Competition (“a Winner”) will randomly be chosen by Equiem. Unless another method of determining the winner is specified in the Related Information.
12.4 A Winner will be selected on the date specified in the Related Information and, in order to claim the prize, will need to pick their prize up from Equiem’s office within 30 days of the closing date for entry (as specified in the Related Information). If a Winner does not claim their prize within this time frame, that Winner's claim will become invalid. Winners will be notified within 5 business days of selection. The name and county of Winners may also be publicised on the Website and we may also place your photograph on the Website. However, we will only ever use your information for such publicity with your consent.
12.5 These terms and conditions are subject to change. If Equiem reasonably believes that you have breached these terms and conditions, Equiem may, at its sole discretion, exclude you from participating in the Competition. In the event of a discrepancy, the Related Information takes precedence over these Terms & Conditions of Entry.
12.6 If any prize is unavailable, due to circumstances beyond Equiem's reasonable control, Equiem reserves the right to substitute the prize for an alternative prize of equal or greater value. Prizes are not redeemable for cash, credit or product and no exchanges are offered.
12.7 Equiem shall not be liable for any direct or indirect loss or damage whatsoever (including personal injury or property damage) which is suffered in connection with the prize except where it is caused by the negligence of Equiem or its employees, agents or distributors. This does not affect your legal rights.
13. Use of Coupons
13.1 Equiem and/or a provider of goods and/or services through the Website may issue codes which provide a discount to users when purchasing goods and/or Services through the Website (“Coupons”).
13.2 Any information printed on a Coupon (if provided in physical format) or included in any communication at the time of providing the Coupon to the user form part of the Terms and Conditions for Use of Coupons.
14.1 If any part of this Agreement is invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then it shall be severed and the remaining parts shall survive and remain in full force and effect and continue to be binding and enforceable. In the instance where additional conditions relating to a specific product or service are provided at time of purchase, such condition shall take precedence over the terms of this Agreement.
14.2 If we merge, sell or otherwise change control of our business or this Website to a third party, we may, without giving notice or seeking any additional consent from you, transfer or assign information (including personal information) and /or content that we have collected from you and any agreements we have made with you in connection with the Website.
14.3 Neither party is liable for events beyond its reasonable control, provided each has done everything reasonably possible to mitigate the effects of that event.
14.4 If you are a consumer, please note that these terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
© Copyright Equiem Services Ltd 2017. Not to be used or copied without its permission.