The websites www.letdebtgo.co.uk, www.delavida.eu, www.delavida.co.uk, www.locuraevents.com, www.ignitionclubnights.co.uk, www.locuraevents.co.uk, www.pipoca.co.uk, www.myspace.com/locurauk, www.myspace.com/ignitionclubnights, are operated and owned* by Delavida Ltd. ("Our", "us" and "we"). We trade under the following brands: Let debt go, LOCURA, Ignition, play4life and Pipoca. We're a private limited company registered in England and our registration number is 06855382. We are also registered with the Information Commissioner's Office as a requirement through the Data Protection Act 1998 and our Data Protection Act 1998 registration number is Z2097965. Our registered office address can be found here.
These are the Delavida websites' terms of use (the "Terms"), which apply to the use of any Delavida websites by end users. By accessing an Delavida website, you agree to be bound by the Terms. If you do not agree to be bound by the Terms, you may not use or access the Delavida websites and we will have the right to restrict or prevent your access to the Delavida websites. If there is anything that you do not understand please feel free to email any enquiry to us (info@delavida.eu)
1 YOUR OBLIGATIONS
1.1 You will not: (a) use any Delavida Website (or any part of any Delavida Website) for any illegal purpose and you shall use the Delavida Websites in accordance with all relevant laws; (b) upload or transmit through any Delavida Website (whether by way of User Submission (as defined below) or otherwise) (i) any computer viruses, macro viruses, trojan horses, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or (ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety; (c) use any Delavida Website in a manner which (i) may cause any Delavida Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of any Delavida Website is in any way impaired or (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, intellectual property rights, rights of confidentiality or rights of privacy); (d) create or publish a hypertext link to any part of any Delavida Website or attempt any unauthorised access to any part or component of any Delavida Website; (e) copy or distribute any part of the Website in any medium without our prior written consent; and (f) alter or modify any part of any Delavida Website other than as may be reasonably necessary to use any Delavida Website for its intended purpose.
1.2 You agree that in the event that you have any right, claim or action against any end user of any Delavida Website arising out of that end user's use of any Delavida Website , then you will pursue such right, claim or action independently of and without recourse to us.
1.3 You may only use the Delavida Websites for your personal and non-commercial use.
2 OUR RIGHTS
2.1 We reserve the right to:
(a) modify or withdraw, temporarily or permanently, any Delavida Website (or any part of any Delavida Website) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of any Delavida Website ; and/or
(b) change these Terms from time to time. Your continued use of any Delavida Website (or any part of any Delavida Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Delavida Websites; and/or
(c) monitor any activity and content associated with any Delavida Website. We may investigate any reported violation of these Terms or complaints relating to any Delavida Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from any Delavida Website).
2.2 We will use our reasonable endeavours to maintain the Delavida Websites. The Delavida Websites are subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of any Delavida Website because of a failure, suspension or withdrawal of all or part of any Delavida Website for any reason.
3 YOUR PERSONAL DATA
We respect your Personal Data (as defined in our Privacy Statement) and shall deal with it in accordance with our Privacy Statement and any applicable UK Data Protection legislation in place from time to time. We are registered with the Information Commissioner's Office and comply fully with the Data Protection Act 1998. Your data is subject to be passed to a third party company when the data is related to debt advice and assistance. Please read our Privacy Statement.
4 LIMITATION OF LIABILITY
4.1 WHILST WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE Delavida WEBSITES, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
4.2 The Delavida Websites are provided on an "as is" and "as available" basis for your information and personal use only without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Delavida Websites, or products or services offered on the Delavida Websites whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
4.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Delavida Websites or products or services offered on the Delavida Websites whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Delavida Websites or the server which makes them available or products or services offered on the Delavida Websites whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Delavida Websites.
4.4 Notwithstanding any other provision in the Terms, nothing shall limit your rights as a consumer under English law.
4.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Delavida Websites by you.
4.6 We will not be liable in contract, tort (including, without limitation, negligence) or otherwise for: (a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or (b) any loss of goodwill or reputation; or (c) loss of data or use of data; or (d) any special or indirect or consequential losses, howsoever arising and in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
4.7 Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit.
5 INDEMNITY
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE TERMS BY YOU OR ANY OTHER LIABILITIES INCURRED BY US ARISING OUT OF YOUR USE OF THE Delavida WEBSITES (INCLUDING WITHOUT LIMITATION, IN RELATION TO USER SUBMISSIONS), OR USE BY ANY OTHER PERSON ACCESSING THE Delavida WEBSITES USING YOUR PC OR INTERNET ACCESS ACCOUNT.
6 INTELLECTUAL PROPERTY AND RIGHT TO USE
6.1 You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content contained within the Delavida Websites shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us.
6.2 You acknowledge and agree that the material and content contained within the Delavida Websites is made available for your personal non-commercial use only and that you may print off one copy, and may download extracts of, any page(s) from the Delavida Websites for such purpose. Any other use of the material and content of the Delavida Websites is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, broadcast, sell, license, display, distribute, commercially exploit or create derivative works of such material and content.
6.3 Except for Personal Data (as defined in our Privacy Statement), any information you submit to the Delavida Websites, whether by way of comment, any chat room function or otherwise, will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Terms.
6.4 We reserve all rights not expressly granted in and to the Delavida Websites and the content in the Delavida Websites.
7 NOTICES
7.1 You may send us notices under or in connection with these Terms by email.
7.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which we will aim to send to you within 5 working days of our receipt and should be retained by you.
8 GENERAL
8.1 If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
8.2 These Terms (as amended from time to time) contain the entire agreement and understanding between us in respect of all matters which are referred to herein and supersede any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Terms. You confirm that, in agreeing to accept these Terms, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms. However, nothing in these Terms purports to exclude liability for any fraudulent statement or act.
8.3 The Terms will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions. The Delavida Websites are controlled and offered by us from England. We make no representations that the Delavida Websites are appropriate or available for use in other countries.
9 ACCESSIBILITY
We take our responsibility for making accessible web content and software seriously. We are committed to ensuring accessibility for people with disabilities and to meeting current accessibility standards, including those defined by the Disability Discrimination Act 1995 and the W3C's Web Content Accessibility Guidelines. Many internet users with disabilities find websites difficult to use simply because of the way they are designed. We are in the process of reviewing and redesigning our websites to be as accessible as possible and to be compatible with the types of adaptive technology used by people with disabilities, including screen readers.
10 LINKS TO OTHER WEBSITES
We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or