Website Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms (together with any documents referred to in them) (the Terms of Use) tell you the terms on which you may make use of Calbee UK Limited's (we, us or our) website: www.yushoi.co.uk (our Website).

Please read these Terms of Use before using our Website, as these Terms of Use will apply to your use of our Website. We recommend that you print a copy of these Terms of Use for future reference.

By using our Website you are accepting and agreeing to be bound by the Terms of Use. If you do not agree to these Terms of Use, you should stop using our Website immediately.

If you purchase goods from our Website, our Terms and Conditions of Sale will apply to the sale.

1 INFORMATION ABOUT US

1.1 We are Calbee UK Limited. We are a limited company registered in England and Wales with company number 08949175, and our registered office is at 1200 Century Way, Thorpe
Park Business Park, Leeds, West Yorkshire LS15 8ZA.

1.2 If you have any queries about our Website or any information contained on it, please contact us by email at [info@calbee.co.uk] or by telephone [0808 1471411].(Calls from Land lines are free but charges may apply for calls from mobiles).

2 ACCESSING OUR WEBSITE

2.1 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

2.2 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 of Use, and that they comply with them.

3 TERMS OF USE

3.1 It is impractical to try to provide an exhaustive list of what constitutes acceptable and unacceptable use of our Website. In general, we will not tolerate any use of our Website which damages or is likely to damage our reputation, the availability or integrity of our Website or which causes or threatens to cause us to incur any legal, tax or regulatory liability.

3.2 You must not misuse our Website by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may be 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.

3.3 We will determine, in our absolute discretion, whether your use of our Website is unacceptable, and in this event, we may take such action as we deem appropriate.

3.4 In the event that you breach these Terms of Use, your permission to use our Website terminates immediately and you must immediately destroy any downloaded or printed extracts from our Website.

4 INTELLECTUAL PROPERTY RIGHTS

4.1 We are the owner, or the licensee, of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others to content posted on our Website.

4.3 You must 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.

4.4 Our status, and that of any identified contributors, as the authors of content on our Website must always be acknowledged.

4.5 You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

4.6 If you print off, copy or download any part of our Website in breach of these Terms of Use we may immediately, and without any notice to you, suspend or terminate your right to use the Website, without any liability to you, and you must, at our option, return or destroy any copies of the materials you have.

5 OUR LIABILITY

5.1 The content on our Website is intended for general information only and is provided on an “as is” basis. It does not constitute advice or the making of any recommendation and the content on our Website should not be relied upon as the basis for any decision or action.

5.2 Whilst we try to ensure that all information on our Website is accurate, we make no warranties or representations and do not give any undertaking, either express or implied, about any of the content on our Website including, without limitation, the accuracy, completeness or fitness for purpose of such content, or that your use of our Website will not infringe the rights of third parties, including any alleged or actual infringement of third party rights. The use of information obtained from our Website is at your sole discretion and risk.

5.3 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 exclude or limited by English law.

5.4 To the fullest extent permitted by law, we hereby expressly exclude:
5.4.1 all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity;
5.4.2 any liability for any direct, indirect or consequential losses or damages incurred by any user in connection with our Website or in connection with the access, use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation, liability for:
(a) loss of business;
(b) loss of income or revenue;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time;
(h) loss or damage caused to any equipment or software; or
(i) any other loss or damage of any kind.

5.5 We only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes.

5.6 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.

5.7 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious code or other technologically harmful material that may infect your computer equipment, compute programs, data or other proprietary material due to your use of our Website, or to your downloading of any material posted on it, or on any website linked to it.

5.8 We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. Links on our Website are provided for your information only and we have no control over the contents of those third party websites or resources. We are not responsible in any way for the material on any other website that you enter through our Website. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of such external website material causing any damage, costs, injury or financial loss of any kind.

5.9 Whilst we retain the right to establish any hypertext links between our Website and any third party website at our discretion, you agree that you will not frame our Website on any other website or create any hypertext links or deep links between it and any third party website, in each case without our prior written consent and after entering into such agreement as we may require.

6 UPLOADING CONTENT TO OUR WEBSITE

6.1 By using our Website and posting, uploading, publishing, distributing, or transmitting information such as pictures, reviews, messages, content, or personal information (collectively, User Generated Content) on our Website, or other of our sponsored forums, blogs, social networking sites, or other communities, you grant us a perpetual, unrestricted, unconditional, unlimited, irrevocable, worldwide, royalty-free right and licence to use, copy, redistribute, re-sell, or transmit any portion of your User Generated Content. Any content you upload to our Website will be considered non-confidential and non-proprietary.

6.2 You agree to waive, unconditionally and perpetually, any rights to such User Generated Content, except as prohibited by law.

6.3 You must be 18 or over to upload, publish, distribute or transmit User Generated Content in the manner described in paragraphs 6.1 and 6.2.

6.4 In relation to the User Generated Content that you upload, publish, distribute or transmit on or through our Website, you agree that you are the sole author and owner of such content and that to the best of your knowledge such User Generated Content:
6.4.1 does not infringe the rights of any person or entity;
6.4.2 would not cause any harm or distress to any person or entity; and
6.4.3 does not violate any applicable law. For example, you should not upload, publish, distribute or transmit User Generated Content that includes pictures or videos of family or friends where you do not have their permission to do so.

6.5 We have the right to disclose your identity to any third party who is claiming that any User Generated Content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or their right to privacy.

6.6 You grant us the sole and exclusive right to remove, alter, or change the User Generated Content without notice to you.

6.7 You warrant that your User Generated Content does not threaten, abuse, distress, or harm others, and does not include any negative, inflammatory or discriminatory comments, including those that are connected to race, ethnicity, national origin, gender, sexual orientation, or physical or mental handicap. You warrant that your User Generated Content will not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit or have political implications or be used for commercial gain.

6.8 You will be liable to us, and indemnify and hold harmless us, for any breach of paragraph 6.7.

6.9 We will not be responsible, or liable to any third party, for the content or accuracy of any User Generated Content posted by you or any other user of our Website.

6.10 The views expressed by other users on our Website do not represent our views or values.

6.11 We may suspend, terminate, limit, or remove your right to use our Website or participate in any User Generated Content at any time without notice.

6.12 You are solely responsible for securing and backing up your User Generated Content.

7 MOBILE OR WIRELESS FEATURES

7.1 Our Website may have certain features and/or services that are available to you via your mobile or wireless internet device. These features and services may include the ability to access our Website's features and upload content to our Website, receive messages from our Website, and download applications to your mobile or wireless internet device (collectively, Wireless Features).

7.2 Standard messaging, data, and other fees may be charged by your telephone service or carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless internet device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.

7.3 By using our Website, under these Terms of Use, you agree that for the Wireless Features for which you are registered, we can send you communications to your mobile or wireless internet device, unless you opt-out in accordance with our procedures. You also agree that we can collect information about your use of the Wireless Features. Please see our Privacy Policy for more information on how we will use any personal data we collect from you.

8 PRIVACY AND COOKIES

8.1 Any personal data we collect from you will only be used in accordance with our Privacy Policy. By using our Website, you consent to us processing your information in this way and you warrant that all data provided by you is accurate.

8.2 We use cookies on our Website, for further information about how we use cookies and how to accept, delete or reject them please see the Cookies Section of our Privacy Policy.

9 GENERAL

9.1 These Terms of Use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

9.2 We reserve the sole and exclusive right to modify these Terms of Use and any additional terms, at any time without prior notice (Updated Terms). You agree that we may notify you of the Updated Terms by posting them on our Website so that they are accessible via a link on our Website, and that your use of our Website after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms.

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

9.4 We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

9.5 You agree that you will review these Terms of Use and any additional terms on a regular and frequent basis and that the Updated Terms will be effective as at the time that we post them on our Website, or such later date as may be specified in them.

9.6 You agree to defend, indemnify, keep indemnified and hold us and our subsidiaries, officers, directors, employees, shareholders, and affiliates (each a Calbee Party) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including legal fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Calbee Party, or on account of the investigation, defence, or settlement thereof, arising out of or in connection with:
9.6.1 your User Generated Content;
9.6.2 your use of our Website and your activities in connection with our Website;
9.6.3 your breach or anticipatory breach of these Terms of Use or any additional terms;
9.6.4 your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities in connection with your use of our Website;
9.6.5 information or material transmitted through your internet device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity;
9.6.6 any misrepresentation made by you;
9.6.7 our use of the information that you submit to us (including your User Generated Content);
9.6.8 your purported “ownership” of any usage subscriptions or virtual items; and
9.6.9 the increase or decrease in “value” or loss of usage subscriptions or virtual items if we delete, terminate, or modify them; (all of the foregoing, Claims and Losses).

9.7 You will cooperate as fully required by us in the defence of any Claim and Losses. Notwithstanding the foregoing, we retain the sole and exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defence and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, our prior written consent.

9.8 If any provision of these Terms of Use (or part of any provision) is for any reason deemed invalid, unlawful, void, or unenforceable by a court or tribunal of competent jurisdiction, then that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms of Use and the validity and enforceability of the other provisions of these Terms of Use shall not be affected.

9.9 When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically through that same method.

9.10 We reserve the sole and exclusive right to assign our rights and obligations under these Terms of Use, in whole or in part, to any party at any time without any notice. These Terms of Use may not be assigned by you, and you may not delegate your duties under them, without our prior written consent.

9.11 Except as expressly set forth in these Terms of Use (i) no failure or delay by you or us in exercising any of rights, powers, or remedies under these Terms of Use will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver of any term of these Terms of Use will be effective unless in writing and signed by the party against whom the waiver is sought to be enforced

To contact us, please email [info@calbee.co.uk].

Thank you for visiting our Website.

Last updated: 6 July 2015
© 2015 Calbee UK. All Rights Reserved.
Product design is TM & ©2015 Calbee UK. Calbee, Yushoi and Snapea are registered trade marks of calbee.co.uk