PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY
BY BUYING OUR MOBILE APPLICATION SOFTWARE BUYABEAM VERSION 3.0 (“APP”), YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE APP.
BY USING OUR WEBSITE WWW.BUYABEAM.COM, OR WWW.SHOP.BUYABEAM.COM, (“SITE”), YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SITE.
| 1 | WHO WE ARE AND WHAT THESE TERMS DO We, BUYABEAM LIMITED, a company incorporated under the laws of England and Wales with company number 12158075 and registered office address at Unit 3a Lucas Green, West End, Woking, Surrey, United Kingdom, GU24 9YB: | ||||||||
| 1.1 | License you to use the App and any updates or supplements to it, as well as the related online and electronic documentation (the “Documentation”), as permitted in these Terms. | ||||||||
| 1.2 | Operate the Site and license you to use it as permitted in these Terms. | ||||||||
| 2 | WE ARE NOT RESPONSIBLE FOR PRODUCTS YOU PURCHASE VIA OUR PLATFORMS | ||||||||
| 2.1 | The App and Site (together, our “Platforms”) are marketplaces for independent third-party suppliers (the “Suppliers” and each a “Suppliers”) to list and sell UK CA-marked steel products (the “Products”) to you. We are neither a buyer nor a seller and we are not acting as agent for any Supplier. | ||||||||
| 2.2 | If you proceed to purchase Products through our Platforms, you will enter into a separate contract solely with the Supplier. Therefore, we recommend that before placing an order for Products via our Platforms, you make sure that you are happy with the Supplier and its terms of sale as we do not assume any responsibility nor make any representation, warranty or guarantee, whether express or implied, as to the Products. | ||||||||
| 3 | THE TERMS OF THE APPLE APP STORE AND GOOGLE PLAY ALSO APPLY | ||||||||
| 3.1 | The ways in which you can use the App and Documentation may also be controlled by the terms of the Apple App Store and Google Play applicable from time to time as they may be made available to you by the Apple App Store or Google Play respectively. | ||||||||
| 3.2 | The terms of the Apple App Store and Google Play will apply to the App instead of these Terms where there are conflicts between the two. | ||||||||
| 4 | OPERATING SYSTEM REQUIREMENTS The App requires an Android or iPhone device with a minimum of 1 GB of memory and Android or iOS operating system, Android 11.0 or later and iOS 15.0 or later. | ||||||||
| 5 | SUPPORT FOR THE APP, HOW TO CONTACT US AND HOW WE WILL COMMUNICATE WITH YOU | ||||||||
| 5.1 | Contacting us (including support and complaints). If you want to learn more about the App or have any problems using it or if you think the App is faulty or misdescribed or wish to contact us for any other reason, you can reach us via email at enquiries@buyabeam.com or telephone on 0330 320 0650. | ||||||||
| 5.2 | How we will communicate with you. If we have to contact you, we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us. | ||||||||
| 6 | HOW YOU MAY USE OUR PLATFORMS In return for your agreeing to comply with these Terms you may: | ||||||||
| 6.1 | Use the App as follows:
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| 6.3 | Access the Site via a desktop computer, laptop computer, mobile telephone or handheld device and use it for the sole purpose of purchasing the Products. | ||||||||
| 7 | YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE OUR PLATFORMS You must be 18 or over to accept these Terms and buy the App or use the Site. | ||||||||
| 8 | OUR PLATFORMS ARE ONLY FOR USERS IN ENGLAND Our Platforms are directed to people residing in England. We do not represent that our App or Site are appropriate for use or available in other locations. | ||||||||
| 9 | YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE | ||||||||
| 9.1 | 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. | ||||||||
| 9.2 | If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at enquiries@buyabeam.com. | ||||||||
| 10 | YOU MAY NOT TRANSFER THE APP OR YOUR ACCOUNT DETAILS TO SOMEONE ELSE We are giving you personally the right to use the App and the Site as set out in clause 6 above but you may not transfer this right or your account details to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed you must remove the App from it and if you sell any device where the Site is used you must remove your account details from it. | ||||||||
| 11 | CHANGES TO THESE TERMS | ||||||||
| 11.1 | We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. | ||||||||
| 11.2 | We will give you at least 30 days’ notice of any change that materially affects your use of the App by sending you an SMS or an email with details of the change or notifying you of a change when you next start the App. | ||||||||
| 11.3 | If you do not accept the notified changes, we will notify you to let you know whether you may continue to use the App in accordance with the existing Terms without access to certain new features or will not be permitted to continue to use the App. | ||||||||
| 11.4 | Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time. These Terms were most recently updated on 31 October 2022. | ||||||||
| 12 | UPDATES TO THE APP AND CHANGES TO OUR SITE | ||||||||
| 12.1 | From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. | ||||||||
| 12.2 | If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App. | ||||||||
| 12.3 | We may update and change our Site from time to time to reflect changes to the Products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes. | ||||||||
| 13 | WE MAY SUSPEND OR WITHDRAW OUR SITE | ||||||||
| 13.1 | We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. | ||||||||
| 13.2 | You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them. | ||||||||
| 14 | IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING If you download or stream the App, access or use the Site onto any computer, phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the computer, phone or other device. | ||||||||
| 15 | YOUR PRIVACY | ||||||||
| 15.1 | Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy, the current version of which you can access via https://shop.buyabeam.com/legal/privacy-policy, and it is important that you read that information. We may amend our privacy policy from time to time and:
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| 15.2 | lease be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. | ||||||||
| 16 | WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO | ||||||||
| 16.1 | Our Platforms may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). | ||||||||
| 16.2 | You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. | ||||||||
| 17 | RESTRICTIONS You agree that you will: | ||||||||
| 17.1 | Not rent, lease, sub-license, loan, provide, or otherwise make available, our Platforms in any form, in whole or in part to any person without prior written consent from us; | ||||||||
| 17.2 | Not copy the App, any Documentation or the Site, except as part of the normal use of the App or the Site respectively or where it is necessary for the purpose of back-up or operational security; | ||||||||
| 17.3 | Not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, any Documentation or the Site nor permit our Platforms to be combined with, or become incorporated in, any other programs, except as necessary to use the App or the Site on devices as permitted in these Terms; | ||||||||
| 17.4 | Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App, the Site or the technology used or supported by the Site nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App or the Site to obtain the information necessary to create an independent program that can be operated with the App or the Site respectively or with another program (the “Permitted Objective”), and provided that the information obtained by you during such activities:
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| 17.5 | Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by our Platforms. | ||||||||
| 18 | ACCEPTABLE USE RESTRICTIONS You must: | ||||||||
| 18.1 | Not use our Platforms in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into our Platforms or any operating system, including without limitation as set out under clause 20.9; | ||||||||
| 18.2 | Not infringe our intellectual property rights or those of any third party in relation to your use of our Platforms, including by the submission of any material (to the extent that such use is not licensed by these Terms); | ||||||||
| 18.3 | Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of our Platforms; | ||||||||
| 18.4 | Not use our Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and | ||||||||
| 18.5 | Not collect or harvest any information or data from our Platforms or our systems or attempt to decipher any transmissions to or from the servers running our Platforms. | ||||||||
| 19 | INTELLECTUAL PROPERTY RIGHTS All intellectual property rights in the App, any Documentation and the Site throughout the world belong to us or our licensors and the rights to use the App or the Site are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, any Documentation or the Site other than the right to use them in accordance with these Terms. | ||||||||
| 20 | OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU | ||||||||
| 20.1 | References to liability in this clause 20 include every kind of liability arising under or in connection with these Terms including but not limited to liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise. | ||||||||
| 20.2 | 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 or for fraud or fraudulent misrepresentation. | ||||||||
| 20.3 | If you are a consumer user:
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| 20.4 | If you are a business user:
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| 20.5 | Limitations to the App and the Site. The App and the Site are provided for general information only and we do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Site. Although we make reasonable efforts to update the information provided on the App and the Site, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. | ||||||||
| 20.6 | Please back-up content and data used with the App and the Site. We recommend that you back up any content and data used in connection with the App or the Site, to protect yourself in case of problems with the App or the Site. | ||||||||
| 20.7 | Check that the App and the Site are suitable for you. The App and the Site have not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the Apple App Store and Google Play and in the Documentation) and the Site meet your requirements. | ||||||||
| 20.8 | We are not responsible for events outside our control. If our provision of or support for the App or operation the Site are delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us. | ||||||||
| 20.9 | We are not responsible for viruses and you must not introduce them. We do not guarantee that our Site or our App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site or our App. You should use your own virus protection software. You must not misuse our Site or our App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or our App, the server on which our Site is stored or from which our App is run or any server, computer or database connected to our App or our Site. You must not attack our Site or our App via a denial-of-service attack or a distributed denial- of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site and our App will cease immediately. | ||||||||
| 21 | RULES ABOUT LINKING TO OUR SITE | ||||||||
| 21.1 | You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. | ||||||||
| 21.2 | You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. | ||||||||
| 21.3 | You must not establish a link to our Site in any website that is not owned by you. | ||||||||
| 21.4 | Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. | ||||||||
| 21.5 | We reserve the right to withdraw linking permission without notice. | ||||||||
| 21.6 | The website in which you are linking must comply in all respects with the acceptable use restrictions set out in clause 18. | ||||||||
| 22 | WE MAY END YOUR RIGHTS TO USE OUR PLATFORMS | ||||||||
| 22.1 | Without affecting any other right or remedy available to us, we may disable your account and any user identification code or password, whether chosen by you or allocated by us, and end your rights to use the App or the Site at any time by contacting you, including without limitation if you have broken these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so. | ||||||||
| 22.2 | If we end your rights to use the App or the Site:
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| 23 | WE MAY TRANSFER OUR CONTRACT WITH YOU TO SOMEONE ELSE We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. | ||||||||
| 24 | YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. | ||||||||
| 25 | NO RIGHTS FOR THIRD PARTIES These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them. | ||||||||
| 26 | IF A COURT FINDS PART OF THE CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE Each of the clauses and sub-clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses and sub- clauses will remain in full force and effect. | ||||||||
| 27 | EVEN IF WE DELAY IN ENFORCING THE CONTRACT, WE CAN STILL ENFORCE IT LATER Even if we delay in enforcing our contract with you, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. | ||||||||
| 28 | WHICH LAWS APPLY TO THE CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS | ||||||||
| 28.1 | If you are a consumer user, these Terms, their subject matter and their formation, are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts. | ||||||||
| 28.2 | If you are a business user, these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim. |