THIS DOCUMENT IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND AQUALIVING VILLAS LIMITED – IF YOU PROCEED TO USE THE SERVICES, YOU WILL BE DEEMED TO HAVE ACCEPTED AND TO BE BOUND BY ITS TERMS, SO PLEASE TAKE TIME TO READ THEM CAREFULLY AND IN FULL.
In this EULA:
"Account" means a user account which is assigned to you, which is created for the purpose of becoming a User of the Services.
"Business Day" means any day, other than a Saturday or Sunday or any public holiday, when the Banks in London are open for business.
"Content" means any text, software, scripts, graphics, photos, sounds, music, videos, audio-visuals combinations, interactive features and other materials you may view on or access through the Services, including User Content and Third-Party Content.
"Data Protection Legislation" means for such time as they are in force in the UK, all legislation which relates to the protection of individuals' rights in their Personal Data and the protection of their privacy, including the DPA, GDPR, UK GDPR, PECR and all such legislation as may supplement, amend or replace them from time to time.
"Device" means a desktop, laptop, mobile phone or other computing device (such as a 'tablet') device with internet functionality.
"DPA" means the Data Protection Act 2018 and all subordinate legislation to it.
"GDPR" means Regulation (EU) 2016/679.
"Intellectual Property Rights" means patents, trademarks, and service marks, rights in design, trade or business names or signs or domain names, copyrights (including without limitation rights in computer software, databases and websites), database rights, rights in confidential information (including without limitation know how and trade secrets), moral rights (and the benefit of any and all waivers thereof), rental and lending rights, topography rights (whether or not any of these is registered and including applications for registration of any such thing) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist at any time anywhere in the world and all rights of action and goodwill arising at any time in relation thereto.
"PECR" means the Privacy and Electronic Communications (EC Directive) Regulations 2003.
"Personal Data" has the meaning set out in the Data Protection Legislation.
"Privacy Policy" means Aqualiving Villas Limited's privacy policy supplied to Users via the Services, as may be updated from time to time.
"Services" means your use of the services we provide to you through the Platform which you may access through your assigned Account.
"Third Party Content" means Content which a third party contributes, submits, uploads, publishes or which is otherwise made available through the Services.
"UK GDPR" has the meaning given to it in section 3(10) (as supplemented by section 205(4) of the DPA).
"User" means an individual who is authorised to use the Services and is permitted to create an account to use the Services; and terms such as "Users" shall be interpreted accordingly.
"User Content" means Content which a User (such as yourself) contributes, submits, uploads, publishes or which is otherwise made available through the Services.
Where this EULA refers to "you" or "your" it means the individual accepting this agreement; where it refers to "us", "our" or "we" it means Aqualiving Villas Limited.
We may change these terms at any time without notice. Any such changes shall take effect on the next occasion that you make use of the Services. Any such new terms may be displayed on-screen when you next use the Services, and you may be required to read and accept them in order to continue your use of the Services.
The terms of this EULA apply to the Services and to any updates or supplements to the Services, unless such additions are provided pursuant to separate terms, in which case those terms shall apply.
From time to time we may automatically update the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Depending on the update, you may not be able to use the Services until you have downloaded, streamed or accepted the updates and accepted any new applicable terms.
You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you which you may use to access or use the Services. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Services on any such Device, whether or not it is owned by you.
You acknowledge that we will process your Personal Data on the basis set out in our Privacy Policy and accept that we will process some of your Personal Data in order to deliver the Services to you in accordance with this EULA. You must read our Privacy Policy. You can review our Privacy Policy at any time when using our Services. You warrant that any Personal Data that you provide to us is accurate, complete and up to date in all respects.
You acknowledge and agree that internet transmissions are never completely private or secure and that any message or information you send using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
You agree to be solely responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username, password and Account information.
You must notify Aqualiving Villas Limited immediately of any breach of security or unauthorised use of your Account that you become aware of.
You confirm that the information you provide when creating your Account is accurate and complete, and that you will update us through the Services as and when your information changes.
We grant you a revocable, non-transferable, non-exclusive licence to use the Services on your Devices, subject to these terms, the Privacy Policy and any other documents referred to hereunder. We reserve all other rights.
We may, for any reason, suspend, terminate or withdraw your access to the Services, without notice, reason or liability to you.
As an Account holder, you may access Content when using the Services.
Accordingly, you acknowledge and accept that you may be exposed to Content that is unlawful, factually inaccurate, offensive, indecent, or otherwise objectionable to you. You further understand and accept that Aqualiving Villas Limited is under no obligation to review and/or verify any Content.
You irrevocably and unconditionally waive any legal or equitable rights or remedies you have or may have against Aqualiving Villas Limited with respect to or in connection with any such Content or your exposure to or reliance on the same.
All Intellectual Property Rights in the Services throughout the world belong to us (or our licensors) and the rights in the Services are licensed (not sold) to you. You have no Intellectual Property Rights in, or to, the Services other than the right to use them in accordance with these terms.
Except for your User Content and Third-Party Content, you accept and acknowledge that all Content on the Services is either owned by or licensed to Aqualiving Villas Limited by third parties, and is subject to the Intellectual Property Rights of Aqualiving Villas Limited or Aqualiving Villas Limited's licensors. Any third-party trade or service marks present on such Content are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Aqualiving Villas Limited or, where applicable, Aqualiving Villas Limited's licensors. Aqualiving Villas Limited and its licensors reserve all rights not expressly granted in and to their Content.
Except as expressly set out in this EULA or as specifically permitted by any applicable law which you are subject to, you agree:
Together, such conditions shall be the "Licence Restrictions".
As a condition of being granted access to the Services and the Services you agree:
Together, such conditions shall be the "Acceptable Use Restrictions".
Although we make reasonable efforts to update all information which is provided by us through the Services, we make no representations, promises, warranties or guarantees, whether express or implied, that such information is accurate, complete or up-to-date and we shall not be responsible for any commercial or personal decisions made arising from or in connection with the materials, information or other data provided or made available through the Services.
You understand that the Services have not been developed to meet your individual requirements. Please check that the features and functions of the Services and Services (as set out in the Services) meet your requirements.
You agree that the Services (or any part thereof) will not be available during any maintenance carried out by us or our selected third parties. We shall use reasonable endeavours to notify you of any planned maintenance periods. Accordingly, you agree to back up any Content used in connection with the Services to protect yourself in case of problems with the Services.
We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
We do not guarantee that the Services will be uninterrupted, secure or free from errors, bugs, viruses or other vulnerabilities.
Save for as expressly set out in these terms and to the extent permitted by law, no implied terms, warranties or conditions shall apply to the Services, or their use by you.
References to liability under this clause includes every kind of liability arising under or in connection with this EULA including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
Aqualiving Villas Limited shall not be liable for:
Nothing in this EULA shall limit or exclude any liability that cannot be excluded or limited by English law.
This EULA shall commence when you start using the Services and shall continue in force until you stop using the Services or until the Services are no longer available to you.
Without prejudice to our rights hereunder, we reserve the right to immediately terminate, suspend or restrict your Account without notice to you:
On termination for any reason:
If you wish to contact us, please contact us by e-mail at support@aqualivingvillas.com
If we have to contact you or give you notice in writing, we will do so by e-mail, text message, short message service or by pre-paid post using the contact details you have provided to us or via any messaging or notification service or feature available on the Services.
Where any communication or notification is sent by:
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including, without limitation, failure of public or private telecommunications networks (each an "Event Outside Our Control").
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights under this EULA.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
This EULA, and any documents referred to therein, its subject matter and its formation, are governed by the law of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any disputes (including non-contractual) arising from or in connection with this EULA.
Whenever you make use of a feature that allows you to submit User Content, you must comply with our content standards (which are set out below).
Your User Content must:
Your User Content must not:
These content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Use Content as well as to its whole.
Aqualiving Villas Limited will determine, in its discretion, whether User Content breaches these terms.
