TERMS
Welcome to www.becauselondon.com brought to You by Tank Form Ltd. By visiting or using this website and/or any content or materials available through it (the "Site") You agree to be bound by these Terms of Use. In these Terms of Use "You" and "Your" refer to You, the person visiting the Site or registered as a user of the Site in accordance with section 2 below, and "We", "Us" and "Our" refers to Tank Form Ltd.
We reserve the right to change the Terms of Use from time to time at Our sole discretion and Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. We recommend that You read through the Terms of Use available on the Site from time to time so that You can be sure that You are aware of the latest version. If You breach any of the Terms of Use, Your authorisation to use this Site automatically and immediately terminates and You must immediately cease use of the Site and destroy any materials downloaded or printed from the Site.
1. Ownership and Content
1.1 This Site is owned and operated by Tank Form Ltd. If You would like to make a complaint about anything contained on the Site, please contact Us using the following details:
Because Magazine
Tank Form Ltd.
91-93 Great Portland Street
London
W1W 7NX
+44 (0)20 7637 0303
info@becausemagazine.com
Tank Form Ltd is a limited company formed under English law with company number 498 2679 and VAT Reg. No: 915 8620 15.
2. Registration
2.1 You do not need to register as a member of the Site to browse the Site, but You will not be able to access all of the features of the Site. If You are browsing the Site and have not yet registered as a member, Your use of the Site is still subject to these Terms of Use.
2.2 Registration is required to be able to create Your Wishlist on the Site and You can register as a member via the "Sign In Or Register" link. You must be at least 13 years old to register and by registering an account You are confirming that You are at least 13 years old. Your profile may be deleted and Your membership terminated without warning if We have any reason to believe that You are under 13 years of age. By using the Site and services You agree that (a) all registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information.
2.3 As part of the registration process You will need to submit Your name, a valid email address, a user name and password which, if verified by Us, will be the username and password that You will be required to submit each time You log into Your Wishlist.
2.4 It is Your responsibility to keep Your username and password secret. We will be entitled to assume that any person logging into the Site using Your username and password is either You or someone doing so with Your permission. You will be responsible and liable for any actions of any person logging into or using the Site with Your username and password. Therefore, You should notify Us immediately if You suspect that anyone else knows Your username and password or that anyone has accessed Your account. We may at any time require You to change Your username and/or password for any reason.
2.5 We may at any time and for any reason refuse to accept a registration from any person.
3. Access and use of the Site
3.1 You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to You.
3.2 You agree that You will not use, copy, download, extract or reutilise any part of the Site or any information or content available on the Site, or create a Wislist or use or allow any third party to use, copy, download, extract or reutilise any part of Your Wishlist for any commercial purpose.
3.3 You agree to comply with all reasonable instructions that We may give You regarding the use of the Site.
3.4 You are responsible for obtaining (at Your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses Your equipment to access the Site without Your permission. We will be entitled to assume that anyone who accesses the Site using Your equipment has Your permission to do so and You will be liable for any charges or any other costs, liabilities or damages that may be incurred by any such person.
4. Third Party Sites and Contributors
4.1 This Site contains links to websites and microsites operated by third parties that are not under Our control and are provided to You for Your convenience only. We make no warranties or representations whatsoever about any other website which You may access through this Site or any services that they may provide, in particular where you buy any item appearing on this Site.
4.2 Without limiting the foregoing, these third party sites are in no way approved, vetted, checked or endorsed by Us and You agree that We shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If You choose to access a website beyond Our control, You do so at Your own risk. In addition, use of any such third party website or microsite may be subject to Your acceptance of additional terms and conditions and privacy policies.
4.3 From time to time an e-commerce facility may be made available via the Site. Any such e-commerce facility will be operated by one of Our third party partners and will be subject to the terms of use provided by the third party operator to You at the e-commerce facility. The e-commerce operator will be responsible for the fulfilment of Your order and all questions, comments and complaints about any such order should be made to the e-commerce operator. We cannot accept any liability for any failure by an e-commerce operator to fulfil any order or for any defect in any item(s) supplied to You by them.
5. No commercial use
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
6. Disclaimers
6.1 We will exercise all reasonable skill and care in providing the Site. However, when We obtain materials and information provided on the Site from third party partners We are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.
6.2 Therefore, except as expressly provided in these Terms of Use, the Site and all materials and information provided through it are provided on an "as is" basis without guarantee of any kind and any conditions, statements and warranties (including, but not limited to, any warranty of fitness for a particular purpose or non-infringement) are excluded to the fullest amount permissible by law.
6.3 Without limiting the foregoing, We cannot guarantee and do not promise that the Site and all materials and information provided through it will meet Your requirements. Therefore We advise You to check any materials or information provided to You through the Site as any reliance that You place on the accuracy, completeness, currency or reliability of that information is at Your own risk.
7. Limitation of Liability
7.1 Nothing in these Terms of Use limits or excludes Our liability for: (a) death or personal injury caused by Our negligence; (b) any loss suffered by You as a result of Your reliance on any fraudulent misrepresentation made by Us to You; or (c) any other liability which may not by law be limited or excluded.
7.2 Subject to clause 8.1, You agree that We shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or (c) any loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or its contents (ii) any failure or delay in the use of any component of the Site including, without limitation, any unavailability of the Site irrespective of duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Site, in all cases even if We have been forewarned of the possibility of such loss or damage.
7.3 Without limiting the effect of clause 8.2, due to the inherent risks of using the internet, We cannot be liable for any damage to, or viruses that may infect, Your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any materials or information through the Site is done at Your own discretion and risk and with Your agreement that You will be solely responsible for any damage to Your computer system or loss of data that results from the downloading or acquisition of any such materials.
7.4 You agree to indemnify Us against any claims or legal proceedings that may arise through Your use of the Site or from any breach of these Terms of Use by You.
7.5 We will notify You of any such claims or proceedings and keep You informed as to the progress of such claims or proceedings.
8. Termination
8.1 We may remove the Site or cease the provision of the Site or any Features or Functions of the Site, or terminate Your membership of the Site, at any time in Our sole discretion for any reason whatsoever.
8.2 You shall be entitled to terminate Your membership of the Site at any time by written notice to Us.
8.3 Termination of Your membership, howsoever caused, shall not affect the accrued rights and liabilities of either You or Us as at the time of such termination.
9. Data Protection and Privacy
We will only use any personal information that We may collect about You in accordance with our Privacy Policy. Click here to view our Privacy Policy. This policy forms an essential part of these Terms of Use and it is important that You read it. By accepting these Terms of Use You also accept and consent to our Privacy Policy.
10. Fees
For the moment, access to and registration as a member of the Site is free of charge (although You may be charged to purchase items via the Site). We may stop offering the Site free of charge at any time, but We will inform You by email if We decide to make a charge on any of Our services and give You a reasonable length of time to terminate Your membership if You wish to do so.
11. Competitions and Prize Draws
11.1 From time to time it may be possible to enter Competitions, Giveaways and/or Prize Draws through the Site, Social Media or Email Marketing. Rewards and Prizes from Because Magazine's Competitions, Giveaways and/or Prize Draws – including through Site, Social Media and Email Marketing – are available to UK-based entrants only. Entrants with an address that is not based in the UK will not be applicable.
11.2 Rewards and Prizes from Because Magazine Competitions, Giveaways and/or Prize Draws cannot be Replaced by or Exchanged with a cash value equivalent. Because Magazine reserves the Right to Exchange or Withdraw the original prize at any time; in this event, Because Magazine will Not replace the initial Prize offered, Nor will Because Magazine offer any further recompense.
11.3 Because Magazine reserves the Right to contact the Winning Entrant directly via Social Media and/or Email to request the correct UK address for Postage or Confirmation. If Because Magazine receives No response for 7 days from the Point of Contact, Because Magazine will Contact an alternative Winner and the Original Recipient will Forfeit their right to the Reward and/or Prize. In entering any Competition, Giveaway and/or Prize Draw, Entrants grant Because Magazine permission to Contact them Directly.
11.4 Because Magazine cannot be held Liable for products being Lost or Damaged in the process of sending; in the event of either scenario, Because Magazine will Not replace the initial Prize offered, Nor will Because Magazine offer any further recompense. Because Magazine is not required to Provide any Proof of Postage or Sending at any time or in any event.
11.5 Entrants to Because Magazine Competitions, Giveaways and/or Prize Draws are only Eligible for Entry once only per Competition, Giveaway and/or Prize Draw.
12. General
12.1 Any failure or delay by Us to enforce any of Our rights under these Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless We acknowledge and agree to such a waiver in writing.
12.2 These Terms of Use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.3 If any clause or part of a clause of these Terms of Use is, or becomes, invalid, illegal or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.
12.4 These Terms of Use and the privacy policy set out the full extent of Our obligations and liabilities concerning the Site and replace any previous agreements and understandings between Us and You.
12.5 Subject to clause 7.1, You shall have no remedy in respect of any untrue statement made to You upon which You relied in entering into these Terms of Use other than any remedy You may have for breach of the express terms of these Terms of Use.
12.6 This Agreement is governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.