Deliver Me Happy!

WEBSITE AND APPLICATIONS TERMS OF USE

These terms of use set out the terms on which you may make use of this Website (happy-bird.com) and mobile, tablet and other applications (our “Site”) that we have created, whether as a guest or registered user. Use of our Site includes accessing, browsing, or registering to use the Site.

Please read these terms of use carefully before you start using our Site, as these terms will apply to your use of our Site.

By accessing, browsing and using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our Site.

Your use of our Site, including any orders you place, is governed by our Terms and Conditions of Sale, Privacy Policy and our Cookie Policy. Please take the time to read these, as they include important terms which apply to you.

INFORMATION ABOUT US

Our Site is operated by Benbea Holdings Limited trading as Happy Bird (“we“, “us” or “our”).

ACCESSING OUR SITE

Our Site is made available free of charge for your personal use.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

Our Site, and its’ content, functionality and design, are protected in the UK and elsewhere in the world by copyright laws and treaties, trademarks and other intellectual property rights which are owned by us. All such rights are reserved.

You may not distribute, reproduce, modify, transmit, reuse, re-post or use our Site, or the content, functionality or design of our Site (or any part of each) in any manner whatsoever, except as provided in these terms of use or the text on our Site or within the terms of any written permission granted by us in advance of such use (and in respect of which we neither warrant nor represent that your proposed use will not infringe any third party rights).

If you would like to request permission to use photography or other content from our Site, please contact admin@happy-bird.com

OWNERSHIP OF TRADE MARKS

The trademarks and logos displayed on our Site include the registered and unregistered trademarks of us. Nothing in these terms of use may be construed as granting any licence or right to use any of those trademarks without the prior written permission of us or our licensors. Any use of the trademarks, except as provided in these terms of use, is strictly prohibited.

VIRUSES

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site are stored, or any server, computer or database connected to our Site.

You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you are committing 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 will cease immediately.

EXCLUSIONS OF LIABILITY

The materials contained in or displayed on our Site are provided “as is” and without warranties or representations of any kind either express or implied. We disclaim all warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that the content and information displayed on our Site is error-free, accurate, complete and up-to-date, or that it does not infringe the rights of any third party.

We will not be liable for any damage or injury howsoever caused including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission or line failure. We will not be liable for any damage or injury that results from your use of, or inability to use, the materials on our Site howsoever caused.

We use reasonable efforts to ensure that our Site is free from bugs, viruses and other malicious content; however we do not guarantee that our Site is secure. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

We and any other party involved in producing or delivering our Site shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

You agree to indemnify and hold us harmless from all liabilities, claims and expenses that arise out of the content you submit, post or transmit via our Site, or from your use/misuse of our Site or the use/misuse by any person for whom you are responsible or from your violation of these terms of use.

WHO OWNS THE MATERIAL YOU SEND TO US?

Any communication or material you transmit to our Sites by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like is, and will be treated as, non-confidential and non-proprietary but we shall comply with our Privacy Policy in respect of any personal information we receive from you.

Anything you transmit or post shall, subject to our Privacy Policy, become our exclusive property which may be used by us and selected third parties performing services on our behalf at any time and for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.

We are free to use any ideas, concepts, know-how or techniques contained in any communication you send to our Sites for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

In addition, depending on how you submit your communication to us, we may include your Facebook profile name, Google user name, email user name or any other user name (but not your email address) with any publication or re-publication of the contents of your communication.

The views expressed in any user generated content on our Site are the opinions of those users and do not represent our views, opinions, beliefs or values.

LINKS TO OTHER WEBSITES AND APPS

Where our Site contain links to other sites and resources provided by third parties, these links are provided for your information only. We are not responsible for, or control or endorse, the content of any websites and applications linked to our Site. We will not be liable for any loss or damage that may arise from your use of them.

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

CHANGES TO OUR WEBSITE

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

THIRD PARTY RIGHTS

Only you and we shall be entitled to enforce these terms of use. No third party shall be entitled to enforce any of these terms of use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

LAW, JURISDICTION & LANGUAGE

These terms of use and any matter that arises out of your use of our Site shall be governed by English law. You and we both agree that the courts of England and Wales shall have exclusive jurisdiction. All contracts shall be construed in English.

You are responsible for compliance with applicable local laws relating to your use of our Site. To the extent that our Site or any activity contemplated by them would infringe any law of a jurisdiction other than England, you are prohibited from accessing our Site or attempting to carry on any such offending activity and this provision shall override all other provisions of these terms of use.

CONTACT US

You can contact us using our Get in Touch form. Thank you for visiting our Site.