BeMyVA – Terms of Web Site Use
Information About Us
www.bemyva.com and www.bemyva.co.uk web sites operated by VACT Limited trading as BeMyVA.com (“we” or “us”). We are registered in England and Wales under company number 08290669 and have our registered office at VACT Limited, The Old Barn, Brooklands Farm, Mannington, Dorset, BH21 7JU. Our email address is [email protected]
Accessing Our Web Site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
When using our site, you must comply with the provisions of our Acceptable Use Policy.
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, and that they comply with them.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, designs, look and feel) without our prior written consent.
Reliance on Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our Site Changes Regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information About You and Your Visits to Our Site
Uploading Material to Our Site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
Viruses, Hacking and other Offences
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 is 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 would commit 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.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to Our Site
You may link to our home page or your advert on our site if you are a member of this site, provided you have obtained our prior written consent and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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 from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of material on our site other than that set out above, please address your request to [email protected]
Links from Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and Applicable Law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
Thank you for visiting our site.
BeMyVA Website – Acceptable Use Policy
This Acceptable Use Policy sets out the terms between you and us under which you may access our website www.bemyva.com or www.bemyva.co.uk (our site). This Acceptable Use Policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms of Website Use.
www.bemyva.com and www.bemyva.co.uk web sites operated by VACT Limited trading as BeMyVA.com (“we” or “us”). We are registered in England and Wales under company number 08290669 and have our registered office at VACT Limited, The Old Barn, Brooklands Farm, Mannington, Dorset, BH21 7JU. Our email address is [email protected].
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards which are set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
The following rules set out the terms for use of the BeMyVA forum (Forum), which apply to all users. Any submission of material by you to the Forum means that you accept, and agree to abide by, all the terms and conditions of these Rules.
The Forum is fully moderated. Every contribution submitted to the Forum (Contribution) will be checked by us or our moderators for compliance with our content standards as set out below (Content Standards) before or as soon as reasonably practicable after it is published.
Although the Forum is fully moderated, we are under no obligation to you or any other person to oversee, monitor or moderate the Forum or any other service we provide on our site and we may stop moderating the Forum at any time. We reserve the right to remove, or to disable access to, any Contribution which we deem to be potentially defamatory of any person or which we deem unlawful or in violation of any third party rights. We expressly exclude our liability for any loss or damage arising from the use of the Forum by any person in contravention of these Rules.
These Content Standards apply to each part of a Contribution as well as to its whole. The Content Standards must be complied with in spirit as well as to the letter. We or our moderators will determine, in our discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales and in any country from which it is posted.
- Be relevant.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.
- Infringe any copyright, database right or trade mark of any other person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Be in contempt of court.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from us if this is not the case.
- Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
By submitting a Contribution to the Forum, you agree to grant us a non-exclusive licence to use that Contribution. Although you will still own the copyright in your Contribution, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
Please also note that, in accordance with the Content Standards, you must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to the Forum, you are warranting that you have the right to grant us the non-exclusive copyright licence described above.
If you are not in a position to grant such a licence to us, please do not submit the Contribution to the Forum.
Breach of the Forum Rules
When we or our moderators consider that a breach of the Content Standards has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with these Rules constitutes a material breach of the Acceptable Use Policy and may result in our taking all or any of the actions set out under the heading “Suspension and Termination” below.
The Forum Rules shall also apply to any other interactive feature of the site save that the name of the other interactive feature shall replace the word ‘forum’.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Website Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this Acceptable Use Policy (including the Forums Rules) at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our site.
BeMyVA – Terms and conditions
Application of terms and conditions
- These terms and conditions apply to all memberships between all persons and/or entities displayed on the website www.bemyva.com or www.bemyva.co.uk (“site”) as operated by www.bemyva.com and www.bemyva.co.uk web sites operated by VACT Limited trading as BeMyVA.com (“we” or “us”). We are registered in England and Wales under company number 08290669 and have our registered office at VACT Limited, The Old Barn, Brooklands Farm, Mannington, Dorset, BH21 7JU (“we” or “us”). By registering to be a member on our site or by being featured on our site, you agree to the following terms and conditions and that these prevail over any other terms and conditions.
- Any content posted or submitted by you to our site in the course of a membership is subject at all times to the Acceptable Use Policy.
Types of membership
- Until 31st March 2020, there have been three types of membership on our site; the Foundation Membership, the Guest Membership and the Full Membership.
- From 1st April 2020, the site displayed listings for UK VA Award winners, and ‘invitation only’ guests. From May 2022, listings are available to UK VA Award Winners, UK and Europe based VAs.
- The UKVA listing is a free membership that provides a listing of your company or business name (or where you do not have a business name, your individual name), the region and country in which you are located and your website address.
- If you do not wish to be listed on our site and wish to terminate your Membership please email [email protected] and we will remove your listing as soon as is practicable and in any event within 28 days of our receipt of your email requesting cancellation.
- The Full Membership is a paying membership that provides Full Members with the services described on our site. Such services may change from time to time. You may upgrade to a Full Membership by registering on our site and paying the relevant fee in accordance with clause 4 below.
- We may at our absolute discretion refuse either type of membership to any person or entity and we shall not be obliged to state our reasons for such refusal.
Term of membership
- Memberships for UKVA Awards Winners shall continue unless they are terminated by either party in accordance with clause 6 below.
- Full Memberships shall commence from the date on which full payment is received by us and shall expire 12 months thereafter.
- Either of us may terminate a Full Membership in accordance with the provisions of clause 6 below.
Membership Fees and payment
- The fee for the Full Membership shall be as set out on our site at the time that you make payment for the Full Membership. This fee may change from time to time.
- The fees for Additional Services (as described in clause 8 below) shall be as set out on our site at the time that you make payment for the Additional Services. These fees may change from time to time.
- All fees are exclusive of UK Value Added Tax or any applicable sales tax in any jurisdiction unless specified otherwise on our site. Fees are also exclusive of all taxes, duties and levies of any kind (including withholding tax) which for the avoidance of doubt, you shall be liable to pay.
- Payment for all fees is to be made through Stripe in UK sterling.
- You may, within 7 days of completing the online registration to be a Full Member, cancel your Full Membership. To cancel your Full Membership, you must email [email protected] within the aforementioned time period providing clear notice of your wish to cancel your membership.
- If we receive notice of cancellation of your membership in accordance with clause 5.1, we will refund the membership fee you paid back to your Paypal account within 30 days of our receipt of such notice.
- You may terminate a UKVA Award Winners Membership in accordance with clause 2.4 above and we may terminate at any time without notice to you by removing your listing from our site.
- You may terminate your Full Membership at any time by emailing [email protected] and providing us with clear notice of your wish to terminate your membership. Subject to clause 5 above, no refund of any fee will be provided on termination. Such termination of Full Membership shall be effective from the date on which we remove your Full Membership listing.
- We may terminate your Full Membership, your Guest Membership or your Foundation Membership and this agreement without notice and without any liability to make any refund or other payment to you in the following circumstances:
- you have breached these terms and conditions in any way;
- you are in our opinion transmitting or otherwise connected with any ‘spam’ or any other form of unsolicited bulk email or communication;
- your continued membership may in our reasonable opinion adversely affect our goodwill or reputation; or
- you or us cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure.
Consequences of termination
- Upon termination of this agreement, your right to use the membership sections of our site shall immediately cease. We have no obligation to maintain any of your posted content or any content within your membership section.
- Any termination of this agreement shall not affect any rights or liabilities that have accrued to us prior to such termination.
- Additional Services (such as banner advertising on our site, being featured in our newsletter and having your photo displayed on our site home page) are limited in number and will be accepted on a first come first served basis. We accept no liability for Additional Services not being available.
- We may in relation to Additional Services provide specifications as to the materials to be provided by you in order for us to fulfil the delivery of such Additional Services. If you do not provide the specified materials in the manner and form specified within the time period stated, we shall not be obliged to fulfil the delivery of such Additional Service and no refund shall be made in relation to your payment for such Additional Services.
- Subject to clause 8.2, we may reject in our absolute discretion any materials submitted in relation to Additional Services and may request you to provide amended or additional materials.
- We do not guarantee or make any representation or warranty as to the outcome (such as response levels to advertisements) of your purchase of any Additional Service.
- All advertising content is subject to our approval and we reserve the right to reject or cancel any advertisement that we deem to be unsuitable for any reason.
- We do not guarantee any particular positioning of advertisements on our site.
- We accept no liability for any errors in any advertisements (or for errors in any content on our site).
- We are the owner or the licensee of all intellectual property rights in our site, and in all of the material published on it. Such works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You must not reproduce in any format (including on another website) any part of our site (including content, designs, look and feel) without our prior written consent.
- You grant us a perpetual, worldwide, royalty free licence to use all or any of your intellectual property rights in any materials or content submitted or shown on our site. Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into any content submitted by you shall remain with you. Except as expressly provided by the licence granted in these terms and conditions, nothing shall be construed to grant to us any right, title or interest in or to your content.
- You shall, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of a third party’s intellectual property rights arising out of your use of our site (including any advertising on our site).
- You agree and acknowledge that we retain full editorial control over all advertisements and entries submitted by you to our site and that we will own all intellectual property rights in relation to such advertisements and entries (other than in relation to your branding).
- We reserve the right to change the format, style and layout of our site as we see fit.
- With respect to the data that you submit to our site, you acknowledge that you are the data controller and we are the data processor.
- We shall implement appropriate technical and organisational measures to protect personal data against accidental loss, destruction, damage or alteration.
- You acknowledge that we are reliant upon you alone for direction as to the extent that you are entitled to use and process the personal data. Consequently, we shall be entitled to relief from liability in circumstances where a data subject makes a claim or complaint with regards to your actions.
- You warrant that you shall at all times comply with all applicable data protection legislation and you shall, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from any breach of your obligations under this clause 10.
- You warrant that where you are an individual you are at least 18 years of age and where you are a company or other similar entity, that you are a bona fide legal entity duly formed in accordance with all applicable law and regulations and have full capacity and authority to enter into this agreement.
- You warrant that all information that you have provided us with or have submitted to our site is true and accurate and not misleading in any way.
- You warrant that in using our site and being a member of our site, you will comply at all times with all applicable law and regulations and advertising codes of conduct
- You warrant that any website owned or controlled by you that is listed on our site is free from illegal, defamatory or tortious content.
- In submitting articles to us for inclusion on the site, you warrant that the content of your article is your own work, save to the extent you have credited a third party for a quote or any other content, and does not infringe a third party’s Intellectual Property Rights in any way or any other third party rights and is not defamatory in any way.
- We shall not be obliged to publish any or all articles submitted by you to us and shall have the right at any time to remove from our site at any time any article or any other content provided by you, without having to provide an explanation.
Limitation of liability
- Other than liability for us causing death or personal injury to any person or for any fraudulent misrepresentation made by us, we exclude all liability for any loss or damage suffered by you resulting from your use of our site or your membership (including all consequential loss or damage howsoever caused and whether this was in the reasonable contemplation of us or not).
- In the event that we are found liable to you for any loss or damage, this liability shall be limited to the amount that you have paid for your current membership. In the event that a court of a jurisdiction does not allow such liability on limitation and awards damages against us in excess of the amount that you have paid for your current membership, you agree to release us from all damages and liability in excess of the amount that you have paid for your current membership.
- You specifically agree and acknowledge that we are not liable to you for any loss or damage, for offence caused or for any threatening, defamatory, obscene, offensive or illegal content uploaded to our site by a third party or for the infringement of any of your rights (including intellectual property rights) arising from the conduct of a third party.
- You agree and acknowledge that we have no liability for our site not being available at any time nor any liability for the deletion, corruption or failure to store any materials or content maintained or transmitted on our through our site.
- Any advice, views or recommendations given on the ‘Ask an Expert’ section of our site are provided by third parties and as such we have no liability for any such advice, views or recommendations.
- We shall have no liability for any advice, views, recommendations and any other form of content provided by other users of our site or third parties.
- Where we provide any content on the site that contains advice, views or recommendations, this is done on a generic basis without considering individual circumstances and hence we shall have no liability for any such content.
- We have not verified or performed any checks on members or the business users that may contact you and we therefore disclaim all liability in relation to the actions of other members, business users and any other third parties in relation to our site. You should of course take all necessary precautions regarding your safety when corresponding with or meeting with other members, business users or other third parties.
- We may at our discretion amend or remove an entry on the ‘My Clicks’ system (for example where we have reason to believe that testimonials are not genuine) and shall have no liability whatsoever in relation to such actions or the ‘My Clicks’ system in general.
- We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement, arising from or attributable to acts, events, omissions or accidents beyond our reasonable control.
Default Interest rate
- If you fail to pay any amount payable under this agreement, we may charge you interest on the overdue amount. You shall pay the interest immediately on demand, from the due date up to the date of actual payment, after as well as before judgment, at the rate of 4% per annum above the base rate for the time being of Barclays Bank Plc. Such interest shall accrue on a daily basis and be compounded quarterly.
- If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force unless, in our reasonable opinion, the purpose of this agreement is frustrated as a result.
- We may vary these terms and conditions at any time. The latest version of these terms and conditions shall be as posted on our site or as emailed to you. Your continued use of our site constitutes your acceptance of any new or updated or amended terms and conditions.
- No failure or delay by us to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
- This agreement is personal to you and you may not, without our prior written consent, assign, transfer, sub-contract, delegate or deal in any other manner with this agreement. We may assign this agreement at our discretion and without providing you with notice.
- Entire Agreement
Third party rights
- A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
Governing law and jurisdiction
- This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
- The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).