SPACEBANDS LTD - TERMS OF SALE
Last updated: 28/12/2020
Terms & Conditions - Please Read Before Purchasing.
1. In these terms SPACEBANDS LTD is a company registered in England having its Registered Office at 8 Queen Square Apartments, Bell Avenue, Bristol, England, BS1 4AP, "The Buyer" mean the person, firm or company, named overleaf; "the Goods" mean goods specified overleaf; and "the Contract" means the agreement between SpaceBands and The Buyer for the sale of the Goods by SpaceBands to The Buyer concluded by the Acceptance contained overleaf and of which these terms and conditions form part. These are the only terms and conditions upon which SpaceBands will do business with the Buyer and they shall prevail notwithstanding any printed or other conditions contained in any purchase order, acceptance of estimate or quotation or other document brought to SpaceBands' notice. No other agreement, representation, promise, undertaken or understanding of any kind unless expressly accepted in writing by SpaceBands shall alter, vary, supersede or operate as a waiver of these terms and conditions.
2. The Contract shall be concluded when SpaceBands send its acceptance in the form set out overleaf (of which these conditions form part) in writing of the Buyer's order. Quotations made by SpaceBands are not binding until the date of such acceptance.
3. Delivery dates are approximate only and whilst every effort will be made to meet such dates SpaceBands will not accept responsibility or liability for failure to meet a specified delivery date. Time of delivery shall not be of the essence of the Contract.
4. Without Prejudice to Clause 3, SpaceBands shall not be liable for any delay or failure in the performance of any order caused by any circumstances beyond SpaceBands' control including without limitation, any Act of God, explosion, fire, flood, war, hostilities, accident, delay in delivery or non-delivery by SpaceBands' suppliers, breakdowns or accidents to machinery, labour strike or dispute, order or decree or any court or regulation, legislation, proclamation or action of any government authority, civil commotion, war or any other causes or any circumstances whatsoever beyond SpaceBands' control, and on the occurrence of any of the above events SpaceBands reserves the right to cancel or suspend the whole or part of any delivery.
5. The price to be paid for the goods includes the cost of packaging (other than special packaging which will be charged to the Buyer), charging cable and free unlimited access to the SpaceBands app. Delivery will be calculated separately at normal good rates for all countries. The price to be paid for the Goods will be SpaceBands' list price prevailing upon the date upon which the Goods are dispatched, unless any discounts have been previously agreed.
6.1 Payment for the goods shall be made by credit/debit card or bank transfer. Payment for the Goods shall be made on a pro-forma basis. Once payment has been received, SpaceBands will dispatch the order.
6.2 SpaceBands may at any time require the Buyer to make payment in advance of delivery.
6.3 Should the Buyer fail to make payment by the due date or when required, SpaceBands reserves without prejudice to any other right or remedy which it may have to cancel this contract and/or any other contract between the Buyer and SpaceBands and or to suspend delivery until payment shall have been made.
7. In the event of cancellation by the Buyer of any order for goods specially manufactured, adapted or obtained for the Buyer by SpaceBands to the Buyer's individual specifications and not sold from current stock held by SpaceBands. SpaceBands shall be entitled to make an additional charge for all expenses incurred in preparation for the manufacture or processing of such goods.
8. Returns policy - Where the Goods are tendered by SpaceBands and returned due to causes outside SpaceBands' control, SpaceBands may refuse to accept the return of such goods, or if it does accept them, it shall be entitled to make an additional charge in respect of the cost of transport and double handling necessitated by such return. If a return is required through no fault of our own, "the customer" is responsible for repackaging and returning the goods in good, resalable condition using a reputable transport company and must be a signed for service at the customers cost. A 10% restock fee and our actual cost of our outbound carriage is deducted from your refund, all refunds are made at the end of the month that the goods are returned to us. No returns accepted after 7 days for cancellations through no fault of our own. Orders cancelled before dispatch will be charged a cancellation fee of 5% of the total order value to cover admin and banking costs. In the unlikely event the product is found to be faulty, SpaceBands shall offer a full refund for the faulty goods or replacement only within 12 months from purchase. It is the Buyer’s responsibility to thoroughly test the product and to decide for themselves the suitability of the product prior to a bulk purchase.
9.1 If the Goods or any part thereof are damaged or lost while in the custody of a carrier or in the course of transit in SpaceBands’ chosen courier service, SpaceBands will, at its sole option, either replace such goods or such part there-of or refund to the Buyer the cost or price of the same, but in no circumstances whatsoever shall the liability of SpaceBands in connection with any such goods or part thereof exceed the cost of replacement of the same or the price paid by the Buyer for the same.
9.2 SpaceBands shall in no circumstances be under any liability under 9.1 above unless the following terms are strictly complied with:
(i) in the event of non-delivery of a whole consignment of the Goods the Buyer must notify SpaceBands in writing within 14 days of the delivery due date.
(ii) in the event of damage of the Goods or loss of part of a consignment, the consignments must be inspected in the presence of the carrier or its agent or employee. If any of the Goods are damaged or lost, the consignment note must be endorsed accordingly and the Buyer must notify SpaceBands within 48 hours of delivery.
10. Complaints by the Buyer in respect of any of the Goods which are or are alleged to be defective shall not be a ground for the Buyer to withhold payments or accounts due to SpaceBands from the Buyer and shall not give any right of set-off compensation against payments due from the Buyer to SpaceBands whether under the Contract or by virtue of any other legal obligation upon the Buyer.
11. Unless otherwise expressly agreed in writing, the Goods shall be deemed to correspond with their description if they correspond to any sample which has been produced and examined by the Buyer.
12.1 If any Goods supplied or processed by or on behalf of SpaceBands prove to be defective in material or function, SpaceBands undertakes at its option to replace the same or refund to the Buyer the price of the Goods but in no circumstances will liability exceed the cost of replacement or the price paid by the Buyer for the Goods. Damage due to fair wear and tear or due to misuse or mishandling or damage caused as a result of non compliance with statements regarding the suitability of the Goods for a particular purpose or damage due to any other cause, while the Goods are outside of SpaceBands' control or responsibility, will not be paid for or otherwise made good by the SpaceBands.
12.2 The Buyer shall determine the suitability of the Goods for their intended use and shall not rely upon any representation made by or on behalf of SpaceBands. In no circumstances will SpaceBands liability exceed the limitations set out in Clause 12.1 above. SpaceBands offer sample units that can be purchased on all of its product range for the customer to test suitability, prior to bulk orders.
12.3 Save as provided for in Clause 12.1 above, SpaceBands will not be liable for any loss expenditure or damage consequential or otherwise, suffered or incurred by the Buyer or by any third parties, whether in respect of negligence or otherwise, whether arising directly or indirectly from the supply of the Goods by SpaceBands of from their use of from any defect of failure in performance of the Goods or otherwise howsoever caused or occasioned except for death or personal injury resulting from SpaceBands negligence, and the Buyer shall indemnify SpaceBands against any liability arising from claims made by any third party after the goods have been accepted by the Buyer. Nothing herein contained affects or will affect the statutory rights of the Buyer as defined by the Unfair Contract terms Act 1977.
12.4 All warranties, terms and conditions whatsoever whether express or Implied by statute or common law are to the extent permitted by law excluded.
13.1 Property in the Goods supplied by SpaceBands to the Buyer under the Contract shall pass to the Buyer only on payment in full by the Buyer to SpaceBands of the price of the Goods.
13.2 Risk in the Goods supplied by SpaceBands to the Buyer under the Contract shall pass to the Buyer upon delivery of the Goods to the Buyer or upon return of the Goods in the circumstances provided in this Agreement.
14, In the event of a Receiver being appointed in respect of any of the Buyer's property or assets or any part thereof, or of a court order being made or resolution passed for the winding up of the Buyer (except for the purpose of amalgamation or reconstruction) or of the Buyer committing any act of bankruptcy or of there being any bankruptcy petition presented against the Buyer, then SpaceBands shall be at liberty forthwith by notice in writing to the Buyer to cancel the Contract, all orders and any other contracts or any part thereof remaining unfulfilled between SpaceBands and the Buyer.
15. Photographs of the product may not always offer a fair representation of the product, the dyes used in the goods may be subject to change – the colour of the product may appear different to the received goods. Therefore the goods shall not be replaced nor will the price thereof be refunded because of any change in colour.
16. The Buyer will indemnify SpaceBands any claim for infringement of patents or registered designs or trade marks as a result of SpaceBands carrying out the Buyer's instructions.
17. In placing an order with SpaceBands, the Buyer shall be deemed to have purchased the Goods in the course of a business.
18. Any notice required or permitted to be given by either party to the other under these terms shall be in writing addressed to that other party, in the case of SpaceBands at its registered office and in the case of the Buyer at its address stated overleaf, or in either case such other address as may be relevant time have been notified pursuant to this provision to the party giving the notice. Any notice sent by post shall be deemed to have been served on the day following that on the day following that on which it was posted, not being a Saturday, Sunday, bank or Public Holiday, and in proving such service it shall be sufficient to show that the Notice was properly addressed and posted.
19. The Contract shall be governed and construed in accordance with the Law of the United Kingdom and the Buyer agrees to submit to the exclusive jurisdiction of the Courts of England in respect thereof.
Important - Use of the SpaceBands does not eliminate the risk of spreading a disease. SpaceBands help to lower the risk of transmission by reminding users that there should be a safe distance between them. It is at the Buyers risk, we offer no warranty, if the user contracts an infection or finds that the SpaceBands are not keeping them safe from disease.
Last updated: 28/12/2020
Welcome to SPACEBANDS LTD (“Company”, “we”, “our”, “us”). Please carefully read the following pages.
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages and app located at https://www.spacebands.co.uk operated by SPACEBANDS LTD.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at firstname.lastname@example.org so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use our Service.
Thank you for being responsible.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at email@example.com.
If you wish to purchase any product or service made available through our Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
No parts of our Service are billed on a subscription basis (“Subscription(s)”).
We issue refunds for Contracts when there is a fault with our product or service, as outlined in our Terms of Sale.
Our Service allows you to link, store, share and otherwise make available certain information (“Content”). You are responsible for Content that you share on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. (iii) As all data is held and stored locally on your device, SpaceBands have absolutely no way of accessing the data on your purchased devices. (iv) SpaceBands use Bluetooth 5.0 technology and do not use GPS tracking on our wearable devices.
You retain any and all of your rights to any Content you submit or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party shares on or through Service.
SPACEBANDS LTD has no right and no access to monitor and edit any Content provided by users on our app.
We reserve the right to our own intellectual property. Content that has been created by SPACEBANDS LTD is our own. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
7. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
(a) In any way that violates any applicable national or international law or regulation.
(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
(d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
(e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
(a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
(b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
(c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of Service.
(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
(g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
(h) Take any action that may damage or falsify Company rating.
(i) Otherwise attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
9. No Use By Minors
Service is intended only for access and use by individuals of at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
11. Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SPACEBANDS LTD and its licensors. Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SPACEBANDS LTD.
12. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
13. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
(c) identification of the URL or other specific location on Service where the material that you claim is infringing is located;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at email@example.com
14. Error Reporting and Feedback
You may provide us directly at firstname.lastname@example.org with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
15. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by SPACEBANDS LTD.
SPACEBANDS LTD has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT SPACEBANDS LTD SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
16. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
18. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Kingdom without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
19. Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
20. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
21. Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING THIS SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
23. Contact Us
Please send your feedback, comments, requests for technical support by email: email@example.com.