Terms and Conditions

WEBSITE TERMS AND CONDITIONS

  1. 1.             OVERVIEW
    1. The website located at jendaya.co.uk (the “Website”) is a copyrighted work belonging to Jendaya Limited (“Company”, “us”, “our”, and “we”).
    1. These terms and conditions, together with the documents referred to in them (the “Terms“) govern your access to and use of the Website, whether as a guest or a registered user. Use of our Website includes accessing, browsing, or registering to use our Website.
    1. The following additional terms, which are incorporated by reference into these Terms, also apply to your use of our Website: 
      1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us, and is available on request; and
      1. Our Cookie Policy, which sets out information about the cookies on our Website, and is available on request.
    1. By accessing or using our Website, you acknowledge and agree to be bound by these Terms, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree to all the provisions of these Terms, you must not access or use our Website. 
  2. 2.              CORPORATE INFORMATION

The Website is a site operated by the Company. We are registered in the United Kingdom with company number 11514443 and with registered office at 4th Floor, Franklin Building, Goswell Road, London, England, EC1V 7DP, United Kingdom.

  • 3.              CHANGES TO THESE TERMS

We may amend these Terms from time to time by amending this page. Every time you wish to use our Website, please check this page to take note of any changes we have made. You are responsible at all times for complying with the current version of these Terms.

  • ACCESS TO AND CHANGES TO THE WEBSITE
    • We do not guarantee that our Website, or any content in it, will always be available or uninterrupted. 
    • We reserve the right (in our sole discretion) to suspend, discontinue or restrict the availability of the Website (or part thereof) for any reason or no reason at all. We will try to give you reasonable notice of any such suspension, discontinuation or restriction. You agree that the Company will not be liable to you or to any third party for any suspension, discontinuation or restriction of the Website or any part thereof.
    • We do not guarantee that our Website, or any content in it, will always be free from errors or omissions. We reserve the right (in our sole discretion) from time to time to change the Website for any reason or no reason at all. We will try to give you reasonable notice of any major changes. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes. You agree that the Company will not be liable to you or to any third party for any change to the Website or any part thereof.
    • You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Website.
    • You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and that they comply with them.
  • 5.              ACCOUNT AND PASSWORD
    • In order to use certain features of the Website, you must register for an account (“Account“) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Website.
    • These Terms will remain in full force and effect while you use the Website. We may suspend or terminate your rights to use the Website (including your Account) at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Website will terminate immediately. You agree that any termination of your Account may involve deletion of your user content associated with your Account from our live databases. The Company will have no any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your user content.  
    • You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
  • 6.              INTELLECTUAL PROPERTY RIGHTS
    • You acknowledge and agree that we are the sole owner or the licensee of all intellectual property rights (including copyright and database rights) in our Website, and in all the content published on it and any selection or arrangement of such content. Those works are protected by copyright laws and treaties around the world. All rights not expressly granted to you under these Terms are reserved by us (and/or our licensors).
    • We hereby grant you a personal, limited, non-exclusive, revocable, non-sub licensable and non-transferable right to access and use our Website for your own personal, domestic, non-business purposes. 
    • You will not:
      • modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; and
      • use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
    • If you breach paragraph 6 of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made.
  • 7.              UPLOADING CONTENT 
    • Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the following terms which constitute our “Acceptable Use Policy“:
      • You agree not to use the Website to collect, upload, transmit, display, or distribute any user content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; and
      • You agree not to: (i) upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Website unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorised access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Website; or (vi) use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
    • You shall have sole responsibility for and hereby warrant the accuracy, quality, integrity, legality, non-infringement of any third party intellectual property rights, reliability and appropriateness of all content or data which is uploaded to our Website. You shall indemnify us for any breach of this warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We shall not be responsible, or liable to any third party, for the content posted by you or any other user of our Website.
    • Any content you upload to our Website will be considered non-confidential and non-proprietary. Save as otherwise specified in these Terms, all intellectual property rights in the content you upload on our Website shall remain vested in you (or your relevant licensors). You hereby grant us a perpetual, worldwide, royalty free, non-exclusive, transferable licence to use, store, modify, copy, distribute, display, and prepare derivative works of such content. You hereby warrant to us that you have the full requisite power and authority to grant us such usage rights in the content you upload to our Website.  
    • You shall be responsible for obtaining and maintaining all licences required for the use of the content you upload to our Website, including payment of all associated licence fees and other costs.
    • We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
    • We reserve the right (but have no obligation) to review any content you upload to our Website, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying such content, terminating your Account, and/or reporting you to law enforcement authorities.
    • The views expressed by other users on our Website do not represent our views or values.
    • You are solely responsible for securing and backing up your content.
  • 8.              VIRUSES
    • We shall not be liable for any loss or damage caused by a virus, bug, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of our Website or to your downloading of any content on the Website, or on any website linked to our Website.
    • You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software.
  • 9.              LINKING
    • 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. We reserve the right to withdraw linking permission without notice.
    • 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.
    • You must not establish a link to our Website in any website that is not owned by you.
    • Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.
    • The website in which you are linking must comply in all aspects with our Acceptable Use Policy. 
    • If you wish to make any use of content on our Website other than that set out above, please contact ayotunde@jendaya.co.uk.
  • 10.           THIRD PARTY LINKS AND RESOURCES IN OUR WEBSITE
    • Where our Website contains links to other websites and services and/or displays advertisements of third parties:
      • These links and advertisements are not under our control and are provided for your convenience only. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to links and advertisements. You use all links and advertisements at your own risk, and should apply a suitable level of caution and discretion in doing so. 
      • When you click on any links and advertisements, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
    • You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such links and advertisements. We assume no responsibility for the content of such websites or resources and we will not be liable for any loss or damage that may arise from your use of them.  
  • 11.           NO RELIANCE ON INFORMATION
    • The content on our Website is provided for general information purposes only. It is not intended to amount to advice (of any nature) on which you should rely. You must obtain professional or specialty advice before taking or refraining from any action on the basis of the content on our Website.
    • We make reasonable commercial efforts to update the information on our Website. However, we do not provide any representations, warranties or guarantees with respect to the completeness, truthfulness, accuracy, or reliability of any content published on our Website.  
  • 12.           LIMITATION OF LIABILITY
    • 12.1        Whether you are a consumer or a business user:

            Nothing in these Terms shall be construed as excluding or limiting our liability for: (i) death or        personal injury caused by our negligence or the negligence of our employees, agents or               subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) any liability which cannot be                   excluded or limited under applicable law.

  1. 12.2        If you are a business user:
    1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it; and
    1. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      1. use of, or inability to use, our Website; or
      1. use of or reliance on any content displayed on our Website.
    1. In particular, we will not be liable for:
      1. loss of profits, sales, business, or revenue;
      1. business interruption;
      1. loss of anticipated savings;
      1. loss of business opportunity, goodwill or reputation; or
      1. any indirect or consequential loss or damage.
    1. 12.3        If you are a consumer:
      1. We only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity; and
      1. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
  2. 13.           TRADE MARKS

is a UK registered trademark of the Company.

  1. APPLICABLE LAWS
    1. These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of England and Wales. We both hereby irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
    1. If any provision in these Terms is invalid, illegal or unenforceable, then it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted and the remainder of these Terms shall remain in full force and effect.

LAST REVISED ON: 1 January 2020

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