This website www.bevza.com (hereinafter - the “Website”), is operated by TUMQO
These Terms apply to all visitors or users of the Website. These Terms are a legal agreement between you and BEVZA, and they contain information on your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Website or its Services, you: (i) acknowledge that you have read and understand, and are agreeing, on your own behalf and on behalf of your minor children visiting or using this Website, to be bound by these Terms and that you are agreeing to comply with all applicable laws, rules and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. You further acknowledge and agree that your access to and use of the Website and the Services are valuable benefits that you receive by agreeing to, and complying with, these Terms. You may not access, browse or use the Website or its Services and you should discontinue these activities immediately, if you: (a) do not agree to these Terms; or (b) are prohibited from accessing or using the Website or the Services by applicable law.
We may change or revise these Terms at any time, for any reason at our sole discretion and without notice. Your continued use of the Website or its Services after a posted change or revision in these Terms signifies your acceptance of any such change or revision. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms. In the case of any violation of these Terms, we reserve the right to seek all remedies available for such violation, whether by law, in equity or otherwise. Your failure to follow these Terms may result in suspension or termination of your access to the Website, without notice, in addition to other available remedies.
BEVZA and/or its service providers, distributors, vendors, contractors, sponsors, licensors and/or licensees are the exclusive owners or licensees of all content and materials on the Website and of all related intellectual property rights, including all copyrights, moral rights, trademark rights, trade dress rights, rights of publicity and patent rights. The entire Website Content is the subject of a copyright as a collective work and elements of the Website Content are the subject of copyrights as individual works, under the copyright laws of respective country.
All trademarks, service marks and trade names of BEVZA used on the Website (including marks and names of vendors) are trademarks of BEVZA and its vendors (collectively, “Marks”) and are the exclusive property of BEVZA and its partners. Unauthorized use of any of the Marks, or of any word, term, name or symbol that dilutes any of the Marks, or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user’s connection or association with BEVZA or its vendors, or its approval or sponsorship of the user’s products or services, is strictly prohibited by law.
You do not acquire any ownership interests in the Website Content or the Marks by accessing, browsing or otherwise using the Website or its Services.
Use of content
Visitors of website are permitted to access, browse and use the Website and the Website Content only for their personal, non-commercial use. Subject to these Terms or any expressly stated restrictions or limitations relating to specific material, you may electronically copy, download and print Website Content as needed for the sole purposes of making a product purchase from or (where applicable) return to us.
No right, license or permission is granted to you by these Terms, including any right, license or permission to copy, reproduce, distribute, publish, transmit, download, display in public or modify the Website or any of the Website Content in any manner, to any extent, by any means, in any medium or for any purpose, other than those expressed herein.
Certain features of the Website may allow you to post, upload, transmit or submit certain materials, content, comments, suggestions, information or ideas to or through the Website (“Your Content”). We do not ask for, nor do we wish to receive, any confidential, secret or proprietary information or other material from you through the Website, by e-mail or in any other way. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant the license in this section; (ii) represent and warrant that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (iii) grant to us a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferrable, assignable and fully sub-licensable (through multiple tiers) right and license to copy, reproduce, edit, modify, distribute, transmit, display, perform, make, have made, publish, sell, offer for sale, import, adapt, create derivative works from and otherwise use Your Content for any purpose that we may choose, in our sole discretion, and through any means or media, without any compensation to you or any third party; (iv) agree that we will not be liable for any copying, reproduction, modification, adaptation, translation, collection, compilation, recompilation, preparation of summaries, abstracts, derivative works or materials, or any publication, distribution, display, disclosure, sale, licensing, or other use or commercial exploitation, of any ideas or other Your Content, or any tangible or intangible subject matter similar to, or using, incorporating, derived from or based on, any Your Content, in whole or in part; and (v) indemnify and hold harmless us from and against any and all claims, actions and damages (including court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Website, Your Content or its posting on, or submission to, the Website, and/or your violation of these Terms. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Website at any time, for any or no reason, and without notice to you. All the visitors may require removal of their content at any time.
You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches.
We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
We reserve the right to terminate Your Account or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat infringer or violator, we will, in appropriate circumstances, permanently terminate Your Account and remove Your Content from the Website. You have the right to cancel Your Account at any time. You may cancel Your Account by following the instructions on the Website. Accounts terminated by us for any type of abuse, including a violation of these Terms, may not be reactivated.
All product purchases placed on or through the Website are subject to our acceptance, in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any purchase whether or not the purchase has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. If your credit card has already been charged for a purchase that is subsequently cancelled and not received, we shall issue a credit to your credit card account. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we do not process or cancel. No warranties are made by the BEVZA with respect to any of the products, merchandise and/or Services provided, featured, endorsed, sold or distributed on or through the Website. You agree that the BEVZA and/or its vendors are not liable or responsible to you with respect to any products, merchandise, advice, activities, and/or services provided, featured, endorsed, sold or distributed on or through the Website, including illegal, offensive or illicit materials or items, even if such materials or items violate these Terms.
We strive to provide accurate pricing information regarding the products and Services available on the Website. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a product or Service whose price was incorrectly posted on the Website as a result of an error. If this occurs, we will notify you by email. In this case, you may either revoke the order or accept an accurate price. In addition, we reserve the right, at our sole discretion, to correct any error in the stated price or revise the pricing for products or Services offered through the Website at any time. Unless otherwise noted, all currency references are in U.S. dollars.
We may, from time to time, modify, amend, or supplement our billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Website.
Limitation of Liability
Except as set out below, under no circumstances, shall BEVZA be liable for any damages, loss or injury of any kind that arises out of or in connection with: (a) these terms or any of the additional terms; (b) the sale or purchase of any products or merchandise; (c) the use of or reliance on the website or the website content; (d) the delay or inability to use the website; or (e) any information, advice, software, goods or services obtained through the website, all of the foregoing including for any direct, indirect, special, punitive, incidental or consequential damages, any lost profits, business, business opportunities or revenues, loss of goodwill or reputation, costs of replacement goods or services, any loss, deletion or corruption of, or damage to, hardware, software or data, any inconvenience or business interruption, or any direct, indirect, general, special, consequential, incidental, punitive, exemplary, enhanced, trebled or multiple damages whatsoever, whether based on warranty, contract, tort (including negligence), strict liability, product liability or any other theory of liability, whether or not such losses or damages are foreseeable or the oc parties have been advised of the possibility of such losses or damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
Without limitation of the foregoing paragraph, BEVZA will not be liable for any loss, damage or injury arising from or in connection with any failure of performance, error, omission, interruption, defect or delay in operation or transmission, any computer virus or other harmful code or component, or any line failure.
In no event shall BEVZA be liable for, or in connection with, any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the website (including any of your content). In no event shall BEVZA’s total liability to you for all damages, losses and causes of action exceed, in the aggregate (a) the amount, if any, paid by you to us for your use of the website or for any of your activities on the website during the three months immediately preceding your claim, or (b) one hundred U.S. Dollars ($100), whichever is greater.
You are solely responsible and liable for: (a) any breach of your representations, warranties, covenants or obligations under these Terms and for the consequences of such breach, including any resulting loss or damage incurred by BEVZA or third parties; (b) all activities that occur under your registration to the Website, password, user name or identification, access code or account; (c) maintaining the security, confidentiality and restricted, authorized use of all user names and identifications, passwords, and access codes to the Website or any Website Content that are in your knowledge, control or possession; and (d) any and all actions and omissions by any of your personnel and/or other persons and entities under your control or for whose actions you may otherwise be held liable (it being understood and agreed that all such third party actions and omissions, which, if committed by you would constitute a breach of these Terms shall constitute a breach hereof as if directly committed by you).
Notification and Claims
We respect the rights of others and require our users to do the same. To notify us of your claim with respect to any Website Content, please send a written communication to our designated agent:
Address: 86-90 Paul Street London EC2A 4NE E-mail: firstname.lastname@example.org
Your notice must include:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the right claimed have been infringed;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a proper notification as described above, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. All notifications or claims are reviewed within twenty (20) business days from the date of its receipt.
BEVZA may assign any of its rights, and/or transfer, sub-contract or delegate any of its obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
Governing Law and Jurisdiction
The laws of the United Kingdom, without regard to the principles of conflicts of laws, will govern your use of the Website, these Terms and all matters relating to your access to, and/or use of, the Website, including all disputes between you and BEVZA and/or its vendors. You irrevocably submit to the exclusive jurisdiction of English courts in any related action, dispute or proceeding. Notwithstanding the above sentence, the vendors shall have the right to apply for an injunction or other emergency relief in any jurisdiction.
These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Website or specified in the Website Content, such as terms of sale, or other terms relating to transactions or activities with respect to products or the Services.
These Terms constitute the entire agreement between you and BEVZA and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BEVZA, with respect to your use of the Website and all matters relating to your access to, and/or use of, the Website. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
Any rights not expressly granted in these Terms are reserved to the vendors.
You represent and warrant that you have the unencumbered right to grant the rights granted herein and to enter this agreement.
For purposes of these Terms: (1) the singular includes the plural and the plural includes the singular; (2) “or” and “and” connotes any combination of all or any of the items listed; (3) any form of the word “include” shall be deemed to be followed by the words “without limitation”; (4) headings are merely for convenience and in no way modify, interpret or construe the intentions of the parties; and (5) whenever you are restricted from taking any action hereunder, you are also restricted from directly or indirectly authorizing, permitting, or cooperating with a third party or affiliate to take such action.
Date of revision: 05 Aug 2015