This agreement applies as between you, the User of this Website and Beezer (PWA) Ltd. a company registered in Scotland under registration number SC492158 whose registered office is at Kings Park House 21 Victoria Place, Kings Park, Stirling, Stirlingshire, Scotland, FK8 2QT, trading as Beezer, the owner(s) 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. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
means collectively the personal/business information, Payment Information and credentials (user name and password) used by Users to access the Services;
means the said Beezer (PWA) Ltd;
means the database stored on the Platform which contains inter alia User Data;
means collectively the personal/business information, Payment Information and credentials (user name and password) used by Users to access the Services;
means the Data Protection Act 1998 and any modification, amendment or re-enactment thereof;
means any third party using a User App;
“End User Data”
means data uploaded to a User App by and End User;
“End User Terms”
means the terms specified in Clause 10;
means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
Has the meaning ascribed to it in the DPA;
means the hardware and software environment in which the Services operate, which comprises one or more server computers (whether virtual or not), mirroring/duplicating/back-up and storage systems and relative hardware operating software, virtual machine software (where relevant), operating system software, database software, anti-virus and security software, switches, power supplies and telecommunications infrastructure;
means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
means our place(s) of business located at Digital House, 7 Palmerston Place Lane, Edinburgh, EH12 5AE.;
means collectively any online facilities, tools, services or information that Beezer makes available through the Website either now or in the future;
means Short Message Service which includes simple plain texts and multi media messages;
means any text messaging and/or multi media messaging service supplied by Beezer from the Platform or via a third party operator;
means any online communications infrastructure that Beezer makes available through the Website and/or the Platform either now or in the future and whether administered by Beezer or by a third party. This includes, the Services and also, but is not limited to, web-based email, message boards, SMS Services, live chat facilities and email links;
“User” / “Users”
means you/any third party that accesses the Website and is not employed by Beezer and acting in the course of their employment;
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, is uploaded to or forms part of a User App or the Services and has been uploaded by a User;
means data created via a User App and stored in the Database which shall include End User Data;
means an App created by a User using the Services which shall contain User Content and shall be hosted on the Platform;
means the website that you are currently using http://www.beezer.com) and any sub-domains of this site (e.g. subdomain. beezer.com) unless expressly excluded by their own terms and conditions.
2. Business Customers
These Terms and Conditions apply to business customers and non-business customers. If you are a non-business customer please consult our consumer terms and conditions located in sections 11.8, 21.6, 21.8, 23.6 and 28.2.
3. Intellectual Property
Subject to the exceptions in Clause 4 of these Terms and Conditions, all content included on the Website, including any material contained within User Apps that is not User Content, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software and the Database is the property of Beezer, or Our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 5 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given Our express written permission to do so. Specifically, you agree that:
You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.
4. User App Intellectual Property
The intellectual property rights subsisting in the User Content of User Apps belong to the User to which that/those User App(s) belong(s) unless it is expressly stated otherwise.
Where expressly indicated, certain Content available through User Apps and the intellectual property rights subsisting therein belongs to other parties.
The Content described in this Clause 4, unless expressly stated to be so, is not covered by any permission granted by Clause 3 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 5 continue to apply.
For the avoidance of doubt, the Database shall not be considered User Content.
5. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
6. Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images, films, music and other media and descriptions and designs belong to the manufacturers or distributors of such products as may be applicable.
Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Beezer 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.
8. 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 Website without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Beezer. To find out more please contact us by email at email@example.com or Phone: 07000 123 789.
When creating a User App using the Services; you should do so in accordance with the following rules:
You must not use obscene or vulgar language;
Your User App may not contain any material that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation in force in the United Kingdom or any other jurisdiction in which your User App can be lawfully accessed. This does not extend to material which may be automatically blocked in certain jurisdictions but that is lawful in your home country);
Your User App may not contain any material that is intended to promote or incite violence or any other unlawful conduct against any group, individual or animal. This includes, but is not limited to, the provision of instructions on how to assemble weapons of any kind, bombs, grenades or other explosive devices;
Your User App must be honest and fair, should not make any unsubstantiated or unsupportable claims and should, in particular, not be used to sell or offer for sale any item, good or service that:
Violates any applicable rules, regulations or legislation;
You do not have the full right and entitlement to sell including, where relevant, any licences or authorisations; or
That Beezer determines, in Our sole discretion, is not appropriate for sale through Our Service.
Your User App may not infringe the intellectual property rights of any third party including, but not limited to, copyright, trademarks, patents and designs;
Your User App may not contain links to other websites containing any of the above types of material;
Your User App may not contain any material that may contain viruses or other software or instructions that may damage or disrupt other software, computer hardware or communications networks;
Your User App may not be used for unauthorised mass-communications such as “spam” or “junk mail”;
Your User App may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service (including, but not limited to, your User App);
You may not use your User App to impersonate any person or entity including, but not limited to, any employee, agent or sub-contractor of Beezer or any of our affiliates;
You may not use your User App for phishing purposes;
You may not use your User App for the purpose of uploading files solely to have them hosted by Beezer; and
Your User App may not contain any material that is adult in nature including, but not limited to, that which is pornographic or otherwise of a sexual nature.
Beezer does not screen or pre-approve any User App submitted for publication (although you acknowledge that Beezer may do so if it wishes), however on notification from Users We may examine User Apps and such User Apps may be edited and/or taken down.
Beezer may edit your User App to comply with the provisions of sub-Clause 9.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 9.1, your User App may be taken down and your Account may be suspended or terminated. You will not be informed in writing of the reasons for such alterations or take downs.
By creating and submitting a User App you warrant and represent that you are the author of the User Content on that User App or that you have acquired all of the appropriate rights and / or permissions to use it. We accept no responsibility or liability for any infringement of third party rights by User Apps.
Beezer will not be liable in any way or under any circumstances for any loss or damage that you or any other User may incur as a result of such User Apps, or Beezer exercising its rights under these Terms and Conditions, nor for any errors or omissions in User Apps. Use of and reliance upon User Apps is entirely at your own risk.
You acknowledge that We may retain copies of any and all communications, information, User Content and User Apps sent to Us or submitted for publication.
10. End User Terms
You will ensure that the terms specified here will be included in all of your User Apps.
11. Accounts and Subscription Fees
In order to create a User App you must create an Account which will contain certain personal and/or business details. By creating an Account you represent and warrant that:
all information you submit is accurate and truthful; and
you will keep this information accurate and up-to-date.
Sharing of accounts is not permitted unless expressly authorised in writing by Beezer. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
Some features of the Service require the payment of a Subscription Fee. Subscription Fees are detailed here. Your credit / debit card will be billed at the time at which you sign up for such features and monthly or yearly thereafter for a minimum contract period of one month or one year and automatically renewing on a monthly or yearly basis until cancellation or termination.
No part of this Website constitutes a contractual offer capable of acceptance. Your signing up for the Services constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you a confirmation email. Only once We have sent you an order confirmation will there be a binding contract between Beezer and you.
Confirmation emails under sub-Clause 11.4 shall contain the following information:
Confirmation of the Services and features ordered including full details of the main characteristics of those features;
Fully itemised pricing for the Services ordered including, where appropriate, taxes and any other additional charges;
A confirmation of your express request that the Services are made available to you immediately and that this will constitute a waiver of your statutory right to cancel as detailed below in sub-Clause 11.8.
Your first payment will be at the price advertised on the Website. We reserve the right to change Subscription Fees from time to time and any such changes may affect your recurring Subscription Fees:
increases in price will not be reflected in your recurring Subscription Fees; and
decreases in price will not be reflected in your recurring Subscription Fees.
Services requiring a Subscription Fee will be made available to you immediately upon Our confirmation of your signing up. When completing the order process you will be required to expressly acknowledge that you wish the Services to be made available immediately. You will also be required to expressly acknowledge that by doing so, you will lose your statutory right (if any) to cancel your contract with Beezer as detailed below in sub-Clause 11.8.
If you are a consumer based in the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. This period, if applicable, begins once the contract between the seller and you, the buyer, is formed and ends at the end of 14 calendar days after that date. Under normal circumstances, premium features requiring the payment of Subscription Fees on this Website are made available immediately upon our confirmation of your order for them. As set out in sub-Clause 11.7, by expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your mind.
If you terminate a User App and/or your Account, your User App(s) will be taken down immediately and you will not be rebilled after the current insert time period, e.g. month.
All payments for Subscription Fees due under these Terms and Conditions must be made using a valid debit or credit card via Our chosen payment partner, stripe. Payments made via stripe are subject to stripe’s own terms and conditions of service and We make no representations or warranties with respect to their services.
12. Termination and/or Suspension
In the event that any of the provisions of sub-Clause 9.1, above, are not followed, We reserve the right to suspend or terminate your access to the Service(s). Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
If We terminate or suspend your Account as a result of your breach of these Terms and Conditions, you will not be entitled to any refund. If you have signed up for Services, you will not be rebilled after the current month. If you have multiple User Apps and not all are deleted, you will continue to be billed as normal for any relevant premium features.
13. Use of Communications Facilities
When using any System on the Website you should do so in accordance with the following rules:
You must not use obscene or vulgar language;
You must not submit User Content that is unlawful or otherwise objectionable. This includes, but is not limited to, User Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
You must not submit User Content that is intended to promote or incite violence;
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;
The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
You must not impersonate other people, particularly employees and representatives of Beezer or our affiliates; and
You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
You acknowledge that Beezer reserves the right to monitor any and all communications made to us or using our System.
You acknowledge that Beezer may retain copies of any and all communications made to us or using our System.
You acknowledge that any information you send to us through our System or post on the blogs/forums/chat or similar may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
In order to procure Services on this Website and to use the blogs/forums/chat or similar facilities you are required to create an Account which will contain certain personal/business details and Payment Information which may vary based upon your use of the Website and/or the Platform as we may not require payment information until you wish to make a purchase. By continuing to use the Website and/or the Platform, you represent and warrant that:
all information you submit is accurate and truthful;
you have permission to submit Payment Information where permission may be required; and
you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your username and password. Beezer 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.
If you have reason to believe that your Account details have been obtained by another without consent, you should contact Beezer immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, Beezer accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information.
When choosing your username you are required to adhere to the terms set out above in Clause 15. Any failure to do so could result in the suspension and/or deletion of your Account.
15. Termination and Cancellation
If Beezer 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.
If Beezer terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
Beezer reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
If orders or payments are cancelled for any reason other than due to your breach of these Terms and Conditions, prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases; however, you will NOT be refunded for unused SMS bundles purchased from a SMS Service or any other credits in respect of any Service. Only the basic Subscription Fee will be refunded.
Any and all monies are due for payment on completion of the order or on the dates, or intervals specified in that order as may be appropriate, unless alternative arrangements are agreed between the You and Beezer.
Interest will be charged on a daily basis, commercial interest at 5% above the base rate of the Bank of England obtaining at the time.
17. Services, Pricing and Availability
Whilst every effort has been made to ensure that all descriptions of Services available from Beezer correspond to the actual Services, Beezer is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.
Where appropriate, you may be required to select the required package Services.
Beezer does not represent or warrant that such Services will be available. Availability indications are not provided on the Website.
All pricing information on the Website is correct at the time of going online. Beezer reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
In the event that prices are changed during the period between an order being placed for Services and Beezer processing that order and taking payment, provision of Services shall commence as per your order and you will be charged the original price.
All prices on the Website do not include VAT. Beezer’s VAT number is209052729.
18. Special offer: £99 for 3 Months of Everything
The £99 for 3 months Offer can be redeemed upon your first purchase of any yearly Beezer Everything Plans applicable to PWA’s only as available on the Beezer.com/pricing site (the “Applicable Everything Plan”) ;
The £99 for 3 months Offer grants access to three months of the Applicable Everything Plan selected at a preferential price of £99.00 for the first year only as published on the Beezer.com/pricing site on the date of purchase for which the Voucher is used;
The £99 for 3 months Offer is redeemed automatically upon subscription to the Applicable Everything Plan via the £99 for 3 months Offer Web Page;
The £99 for 3 months Offer is redeemable immediately and until 30 June 2020 Midnight (expiration date). Beezer is not responsible for any Offer not redeemed by the Expiration Date. Failure to use a Offer by the expiration date shall result in the forfeiture of such Offer;
The £99 for 3 months Offer may be used only once;
The £99 for 3 months Offer may not be redeemed for any Beezer services and products other than your first purchase of a yearly Applicable Everything Plan, nor otherwise for any previous purchases, online orders, special orders or gift cards. The £99 Offer cannot be used to pay for taxes, shipping and handling fees or other applicable ancillary charges which may result from your purchase using the Offer;
No cash value, credit or change will be given in exchange for this Offer;
The £99 for 3 months Offer discount is applicable for the first subscription cycle using the Offer web page only. Following the expiration of the first subscription cycle using the Offer, the applicable terms specified in the Beezer website in connection with prices, charges and other relevant information will apply. Applicable Premium Plans Terms and Conditions apply;
The Offer holder is responsible for any applicable sales tax;
The £99 for 3 months Offer may not be combined with any other Offer or discount, voucher or promotion or sale available to the Offer holder. The Offer holder may use one Offer discount in conjunction with the Applicable Everything Plan purchase;
19. Provision of Services
Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
Provision of all Services shall be subject to the Terms and Conditions pertaining directly to those Services.
In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. Beezer will ensure that any necessary corrections to the Services provided are made within 7 working days.
Beezer reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 19. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
Any use or enjoyment that you may have already derived from the Services;
Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Beezer.
Such discretion to be exercised only within the confines of the law.
Some or all of your data may be stored or transferred outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein). You are deemed to accept and agree to this by using the Website and submitting information to Us. If We do store or transfer data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the Data Protection Act 1998. Such steps may include, but not be limited to, the use of legally binding contractual terms between Us and any third parties We engage and the use of the EU-approved Model Contractual Arrangements.
Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through the Website and the Platform.
Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.
We may share your data with other companies in Our group. This includes Our subsidiaries and/or Our holding company and its subsidiaries.
We may sometimes contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, SMS Services, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
We may compile statistics about the use of the Website and/or the Platform including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.
In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes. When contacted you will not, however, be given the choice to have your data deleted or withheld from the new owner or controller.
When you submit information via the Website and/or the Platform, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details and/or by managing your Account).
You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held) on payment of a small fee which will not exceed £30.00. Please contact us for more details at firstname.lastname@example.org, or using the contact details below in section 13.
All Cookies used by and on the Website are used in accordance with current UK and EU Cookie Law.
Certain features of the Website depend on Cookies to function. UK and EU Cookie Law deems these Cookies to be “strictly necessary”. Your consent will not be sought to place these Cookies. You may still block these Cookies by changing your internet browser’s settings, but please be aware that the Website may not work as intended if you do so. We have taken care to ensure that your privacy is not at risk by allowing them.
date of birth
contact information such as email addresses and telephone numbers
demographic information such as credit / debit card numbers (automatically collected)
IP Address (automatically collected)
web browser type and version (automatically collected)
operating system (automatically collected)
a list of URLS starting with a referring site, your activity on the Website, and the site you exit to (automatically collected)
Name of Cookie
1st / 3rd Party
Analysis of website data
21. How We Use Personal Data (Data Protection)
All Personal Data that We may collect (including, but not limited to, your details and those of End Users) will be collected, used and held in accordance with the provisions of the DPA.
We may use Personal Data to:
Provide Our Services to you and End Users;
Process your payment for the Service; and
Inform you and End Users of new products and services available from Us.
Providing and managing your Account and those of End Users;
Providing and managing your access to the Website and/or the Platform;
Personalising and tailoring your experience on the Website and/or the Platform and that of End Users;
Supplying the Services to you and End Users;
Personalising and tailoring the Services for you;
Responding to communications from you;
Supplying you with email, newsletters, alerts etc. that you have subscribed to (you may unsubscribe or opt-out at any time by clicking on the unsuscribe link at the top of communication.
Analysing your use of the Website and/or the Platform and gathering feedback to enable Us to continually improve the Website and/or the Platform and your user experience.
We will not pass on Personal Data to any other third parties.
We will use anonymised data including End User Data for statistical analysis, including (but not limited) for the purposes of:
improving the Services;
providing statistical information to third parties;
for research and development;
for the purposes of targeted advertising.
Both We and advertisers whose content appears on the Website/and or the Platform may engage in what is known as “behavioural advertising” – advertising which is tailored to your preferences, based on your activity. Your activity is monitored using Cookies, as detailed above. You can control and limit your data used in this way by adjusting your web browser’s privacy settings. Please note that We do not control the activities of such advertisers, nor the information they collect and use. Limiting the use of your data in this way will not remove the advertising, but it will make it less relevant to your interests and activities on the Website/and or the Platform.
22. Legal Rights and Disclaimers
We make no warranty or representation that the Website or the Service will be compatible with all systems, or that it will be secure.
Save for the discretionary screening and approval of User Apps as detailed in Clause 9, We have neither control over, nor involvement in, any User Apps or User Content and accept no responsibility for any actions taken, or any goods or services provided, by any Users.
Whilst reasonable endeavours have been made to ensure that all information provided on this Website will be accurate and up to date, We make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
We make no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
When providing digital content to consumers, We are required to provide digital content that is of satisfactory quality, fit for any purpose made known to us (whether expressly or impliedly), and in accordance with any descriptions (and pre-contract information) given by Us. This includes any digital content we may subsequently modify. If We fail to comply with Our legal obligations, consumers may be entitled to certain legal remedies including repair or replacement or price reductions. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens Advice Bureau or Trading Standards Office.
Whilst We exercise all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
If, as a result of Our failure to exercise reasonable care and skill, any digital content from the Website damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
23. Availability of the Website and Modifications
We accept 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 state-mandated censorship.
We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content available. Where anything you have paid for is made unavailable and you are entitled to a refund as a result, We will inform you of the refund due and it will be paid within 14 days using the same method originally used by you. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
24. Limitation of Liability
To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, delict (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website including the Service and the Content.
To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on it.
If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. 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 (including the downloading of any content from it) or any other site referred to on the Website.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, Platform failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
25. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
26. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
27. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Beezer.
All notices / communications shall be given to Us either by post to Our premises at the address given above or by email to email@example.com. 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.
We may from time to time, if you opt to receive it, send you information about Our products and/or services.
29. Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with Scots law.
If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the Scottish courts.