Website Terms & Conditions
Terms of Sale
Ownership
This website (the "Website") is the website of YM&U (UK) Limited and Ruby Wax (“us”/“we”/“our”). Our registered address is 180 Great Portland Street, London, W1W 5QZ and you can contact us by email at enquiries@ymugroup.com.
Legal agreement
By entering the Website, and/or any page accessible on this Website you confirm that you accept the terms and conditions set out below (the “Terms”). By accessing and using the Website, you acknowledge that you are bound by the Terms.
If you do not wish to be bound by the Terms you should not access or use the Website.
We may modify the Terms in our absolute discretion from time to time without individual notice to you. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. You will be deemed to have accepted any modifications if you continue to use the Website after the updated Terms have been posted on the Website.
The material on our Website
We own, or are licensed in respect of all the information and graphic representations or images on the Website (the "Content"). The copyright and all other intellectual property rights in the Content are either our sole and exclusive property or our licensors'.
You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content. 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.
Without our written consent, you may not use, transfer, copy or reproduce any part of the Content, this Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its Content. This includes electronic reproduction by uploading or downloading.
it is your responsibility to ensure that it is legal for you to view the Website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
Using the website
Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details. You are not obliged to provide us with any optional information requested.
You agree not to:
impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
use the Website in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse of either;
publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms”, or any other harmful software;
falsify the true ownership of software or other material or information contained in a file made available via the Website; and
obtain or attempt to obtain unauthorised access, through whatever means, to the Website.
No unlawful or prohibited use
You must not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.
You agree to indemnify us, our officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking. This means you will be responsible for any loss or damage we suffer as a result of your use of this Website in any way that is prohibited by these Terms or is otherwise unlawful.
Our use of your personal details and our use of cookies
Please see our Privacy Policy and our Cookie Policy, which also apply to your use of the Website.
Our responsibility for the Website
Our Website is made available to you free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. 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. We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.
In preparing this Website, we have endeavoured to offer current, correct and clearly expressed information. However, we cannot guarantee that the information will be accurate, complete or current at all times and we accept no liability for any reliance placed by any person on the information.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
This Website may contain advertisements. We are not responsible for and do not endorse the content of such advertisements, and do not accept any responsibility for any errors or inaccuracies in such advertising material.
We reserve the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
Content, information, materials or anything else sent by you to us (including your comments, your reviews and your star ratings) are sent entirely at your own risk. We have no obligation to publish or otherwise distribute anything sent by you. We do not have any obligation to return any materials you send us and are not responsible for lost or damaged materials. You undertake to us that publication of any content, information, materials or anything else you send us shall not infringe the intellectual property rights, privacy or publicity rights or any other legal or moral rights of any third party, or violate any applicable laws or regulations and you shall indemnify and hold us and our officers and employees harmless from any loss, liability, claim, or demand, including legal fees, made by any third party arising out of any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user, notwithstanding anything in the Terms we do not disclaim liability for death or injury caused by our own negligence.
If you are a business user:
We shall not be liable for any damages whatever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of this Website, the provision of or failure to provide services, or for any information obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, or otherwise, without limitation, even if we have been advised of the possibility of damage.
If you are dissatisfied with any portion of this Website, or with any of these Terms, your sole remedy, except as specifically provided in these Terms, is to stop using the Website.
If you are a consumer user:
Please note that 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.
Virus protection and compatibility
Whilst certain precautions have been taken to detect computer viruses and ensure security, we can not guarantee that the Website is virus-free and secure.
We are not responsible for any loss or damage that occurs as a result of any virus or breach of security. We do not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
Links to third party sites
This Website contains links to websites operated by parties other than us (“Third Party Websites”). These links are provided for your convenience. When you activate one of them, you will leave the Website. We have no control over, and will accept no responsibility for or liability in respect of, material on any website that is not under our control.
The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators.
You will not arrange for any Third Party Website to be connected to any part of the Website by way of hyperlink or otherwise without our written consent.
Termination
We may restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
there is a regulatory or statutory change limiting the ability to provide access to the Website;
there is any event beyond our reasonable control which prevents us from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
we consider (in our sole discretion) that you are abusing the Website or are otherwise acting in breach of these Terms.
General
Unless otherwise specified, the Website is directed solely at those who access this site from the United Kingdom. Those who choose to access the Website from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
A failure or delay by us in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms constitute the entire agreement between you and us as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.
The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed on the Website.
English law governs these terms and conditions. You submit to the non-exclusive jurisdiction of the English courts.
Copyright and trade mark notices:
All contents of this Website are: Copyright 2021 YM&U (UK) Limited and Ruby Wax.
Terms of Sale: Digital Goods
This contract sets out:
· your legal rights and responsibilities;
· our legal rights and responsibilities; and
· certain key information required by law.
In this contract:
· ‘We’, ‘us’ or ‘our’ means YM&U Group Limited.
· ‘You’ or ‘your’ means the person buying digital content from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us via rubywax.net/support
Who are we?
We are YM&U (UK) LIMITED, a company registered in England and Wales under company number 01804047.
Our registered address is 180 Great Portland Street, London, W1W 5QZ.
Introduction
1.1 If you buy digital content from us you agree to be legally bound by this contract.
1.2 When buying any digital content you also agree to be legally bound by:
1.2.1 our Website Terms and Conditions and any documents referred to in them;
1.2.2 our Privacy Policy and any documents referred to in it.
1.3 This contract is only available in English. No other languages will apply to this contract.
All of the above documents form part of this contract as though set out in full here.
Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This key information is set out in these Terms and on the sale page on our website for the digital content you are purchasing.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
Your privacy and personal information
3.1 Our Privacy Policy is available at https://rubywax.net/privacy.
3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
Ordering digital content from us
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 You place an order for digital content by clicking ‘Buy now’. You will then be asked to enter your name, email address and payment details. To purchase the digital content, you must click the ‘Buy Now’ button.
4.3 Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. In any event, before you place your order you must check that the hardware and software requirements of your computer or device mean that you can access the digital content.
4.4 When you place your order at the end of the online purchase process (i.e. when you click on the Buy Now button), we will acknowledge it by email. At this point:
4.4.1 a legally binding contract will be in place between you and us; and
4.4.2 the digital content will become accessible immediately.
No right to cancel
5.1 When you place an order for digital content, you consent for the access to the digital content to start immediately after your order has been accepted and that you acknowledge that this means you lose your right to cancel.
5.2 This means that you do not have the right to cancel this contract once the digital content starts and are not entitled to a refund unless the digital content is faulty.
5.3 This does not affect the rights you have if your digital content is faulty. A summary of these rights is provided at the top of this contract. See also clause 10.
Permission to use the digital content
6.1 When you buy the digital content and it is accessed. you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.
The digital content:
6.2.1 is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
6.2.2 is non-exclusive to you. We may supply the same or similar digital content to other users;
6.2.3 may not be:
(a) copied by you.
(b) changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
(c) combined or merged with, or used in, any other computer program;
(d) distributed or sold by you to any third party;
6.2.4 Includes:
(a) updates; and
6.2.5 contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
6.3 Except where you have permission to use the digital content under this clause 6, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.
Access
7.1 Once you have placed your order and the Confirmation Email has been sent to you, you will be given immediate access to the digital content.
7.2 We may deliver your digital content in instalments. If we will deliver the digital content to you in this way, we will explain this on the sale page on our website for the digital content you are purchasing.
7.3 If something happens which is outside of our control, and affects you being able to download or access the digital content, we will let you have a revised time for when you can expect to be able to download or access the digital content.
7.4 If your computer or device blocks access to the digital content, you may still have the right to cancel the contract. If this happens, please contact us using the contact details at the top of this page.
Payment
8.1 We accept the following payment methods: all major credit and debit cards (via Stripe). We do not accept cash payments.
8.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the digital content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
8.3 All payments by credit card or debit card need to be authorised by the relevant card issuer.
8.4 The price of the digital content is in pounds sterling (£) (GBP). VAT is not applicable.
Nature of the digital content
9.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the digital content:
9.1.1 is of satisfactory quality;
9.1.2 is fit for purpose; and
9.1.3 matches its description.
9.2 We must provide you with digital content that complies with your legal rights.
9.3 When we supply the digital content:
9.3.1 we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
9.3.2 we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our website; and
9.3.3 you acknowledge that there may be minor errors or bugs in it.
Faulty digital content
10.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of yourkey rights. For more detailed information on yourrights and what youshould expect from us, please:
10.1.1 contact us using the contact details at the top of this page; or
10.1.2 visit the Citizens Advice website www.citizensadvice.org.uk
10.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
10.3 Please contact us using the contact details at the top of this page, if you want:
10.3.1 us to repair the digital content;
10.3.2 us to replace the digital content;
10.3.3 a price reduction; or
10.3.4 to reject the digital content and get a refund.
End of the contract
11. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
Limit on our responsibility to you
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
12.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed;
(b) that were not caused by any breach on our part;
12.1.2 business losses; and
12.1.3 losses to non-consumers.
Disputes
13.1 We will try to resolve any disputes with you.
13.2 We will do this quickly and efficiently.
13.3 If you are unhappy with:
13.3.1 the digital content;
13.3.2 our service to you; or
13.3.3 any other matter,
Please contact us as soon as possible.
13.4 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
13.4.1 let you know that we cannot settle the dispute with you; and
13.4.2 give you certain information required by law about our alternative dispute resolution process.
13.5 If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
13.6 The laws of England and Wales will apply to this contract.
Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
If you have any questions, please contact us via rubywax.net/support.