Effective date: 20th July 2018
IMPORTANT- READ THIS AGREEMENT CAREFULLY: YOUR USE OF THE YOUR BUILD YOUR WAY WEBSITE (THE “SITE”) AND SERVICES (THE “SERVICES”) IS CONDITIONED UPON YOUR ACCEPTANCE OF, AND COMPLIANCE WITH, THESE TERMS.
As used herein, ‘you,’ ‘your,’ and ‘user’ means the person, including the company or organisation the person represents (if applicable), that either accesses this Site or registers for applicable Services, and ‘we,’ ‘our,’ ‘us,’ refers to Your Build Your Way.
- SERVICES PROVIDED. Your Build Your Way, indirectly through an unaffiliated Internet service provider, shall provide you with electronic access, through your computer or other electronic device (collectively “Computer”), to the Information provided on the Site. We may provide other Services related to Customer Ordering as required.
- USER CODES. As part of your registration process, you may be asked to select a user name (“Name”) and/or password (“Password”) (the Name and Password are hereafter referred to as (“User Codes”). The User Codes are for your personal use only. You are responsible for maintaining the confidentiality of the User Codes, and you agree not to provide them to any third party. You are responsible for all orders, statements made and acts or omissions that occur while your User Codes are being used. You are responsible for any breach of security caused by your failure to maintain the confidentiality of your User Codes. You agree to notify Your Build Your Way immediately in the event of loss or theft of your User Codes, or if you believe the confidentiality of your User Codes has been compromised in any way, or in the event of you learn about a possible or actual unauthorised use of the Site. Your Build Your Way reserves the right to revoke your User Codes at any time without prior notice.
- PERMITTED USE. You are only authorised to view and to retain a copy of pages of this Site for your own personal use whilst visiting the Site and/or ordering from Your Build Your Way. You may not duplicate, publish, modify or otherwise distribute the content and / or images on this Site, without our written consent.
- RESERVATION OF RIGHTS AND OWNERSHIP. Your Build Your Way reserves all rights not expressly granted to you in this Agreement. The Information and Services are protected by copyright, trade secret and other intellectual property rights. Your Build Your Way owns all rights, title and interest in the Information and Services and all intellectual property rights therein. This Agreement does not grant you any rights to trademarks or copyright of Your Build Your Way.
- WARRANTIES AND LIMITATION OF LIABILITY. (a) Except as expressly set forth in this agreement, all Information and Services on this Site are provided “as is” without any warranty of any kind and Your Build Your Way hereby expressly disclaim all express and implied warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and the warranty of non-infringement or title. Without limiting the foregoing, Your Build Your Way makes no warranty that (i) the Information and Services will meet your requirements, (ii) the Information and Services will be uninterrupted, timely, secure, complete or error-free, (iii) the results that may be obtained from the use of the Information and Services will be accurate or reliable, and (iv) the quality of any Information and Services purchased or obtained by you from the Site will meet your expectations. The Site could include technical or other mistakes, inaccuracies or typographical errors. The Information and Services at this Site may be out of date, and Your Build Your Way makes no commitment to update such Information or Services. Your Build Your Way makes no representations and assumes no liability regarding the quality, safety, accuracy, or suitability of any information, documents, materials, services or software which are referenced by or linked to from this Site. References to other corporations, their services and products, are provided “as is” without warranty of any kind, either expressed or implied.
(b) Your Build Your Way shall not be liable for any harm caused by the transmission, through the Information or Services, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the Site or any of your software, hardware, data or property. Except as otherwise provided by law, Your Build Your Way shall have no liability for losses caused by the negligence, actions or failure to act of any third party provider, and to the extent permitted by law, Your Build Your Way shall not be liable to you for any indirect, special, incidental or consequential damages of any kind, or any damages whatsoever (regardless of whether such damages are reasonably foreseeable), and on any theory of liability, arising out of or in connection with the use of this Site or of any third party site referenced or linked to from this Site.
(c) Your Build Your Way’s Limitation of Liability. NEITHER PARTY SHALL HAVE ANY LIABILITY HEREUNDER FOR INDIRECT, SPECIAL, LOST PROFITS AND BUSINESS INTERRUPTION OR OTHER SIMILAR DAMAGES, EVEN IF THE AFFECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE LIABILITY OF EITHER PARTY FOR CONSEQUENTIAL DAMAGES SHALL BE CAPPED AT THEIR RESPECTIVE INSURANCE LIMITS.
- INDEMNITY. You acknowledge that you are personally responsible for your behaviour while on this Site and using our Services, and agree to indemnify Your Build Your Way and its officers, directors, employees, consultants and agents, to the full extent permitted by law, from and against any loss, damage, liability, cost or expense of any kind that Your Build Your Way may incur in connection with a third party claim or otherwise, in relation to your use of this Site and / or Services.
- YOUR REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant that you are of the age of majority and that all Information provided by you during the registration process is true, correct, complete and accurate. Persons under 18 years of age are not permitted to use the Services.
- CONFIDENTIALITY. Customers and other authorised users who access your Information through our Services shall agree to confidentiality and other terms and conditions of use in a separate agreement.
Changes to this agreement
Please note that this Agreement may change from time to time. The Site reserves the right, in its sole discretion and with reasonable notice posted on the Site and/or sent to your email address provided in the Service, to revise, update, or otherwise modify this Agreement. Your continued access to the Site or use of the Service will constitute your acceptance of, and agreement to, such changes. Each version of this Agreement will be identified at the top of the page by its effective date.