Terms and Conditions
The following Terms & Conditions (the “Terms”) govern the use of BusinessBalls.com ("the Service"). These Terms maybe change each time you use our Website.
If you do not agree to be bound by the following terms you may not use the Service. Specifically, by registering as a user, you agree to accept the following terms.
In these terms the following words have the following meanings:
- We, us or our means BusinessBalls Limited, a company registered in England and Wales (registered number 10773254) whose principal place of business is at 71 Central St, EC1V8AB;
- Website means our website at www.businessballs.com; and
- You or your means the person using our Website to subscribe to the Service.
- A premium user is someone who pays for the Service.
- An enterprise premium user is someone who belongs to a corporate account.
2. Services from BusinessBalls
2.1 We provide users with the rights to use the Service which depend on the form of the premium usership. We will supply the Service until the subscription expires or you end the contract.
2.3 We will provide the Service to premium users with reasonable care and skill and will use our reasonable endeavors to maintain continuity of Service. However, we cannot guarantee that the Service will be continuous or error free.
2.4 We may not monitor content generated by other users (for example, premium forum postings) and take no responsibility for material that has not been introduced by us.
3. Intellectual property rights
3.1 Resources on the site are the property of BusinessBalls and protected by Intellectual Property law. Resources are licensed to premium users during the term of their premium usership for their personal use. The right to use resources ceases when premium usership is cancelled by the member or by BusinessBalls.
4.1 Unless otherwise stated, for monthly premium userships, the subscription fees for the Service will be in pounds sterling (£) (GBP), and will be £7 per month. Each premium usership will continue from the purchase date for an initial term of 1 month, and thereafter shall automatically renew for subsequent renewal term of 1 month, unless and until you cancel your premium usership or you are an enterprise user where there is a minimum 12 month term. Enterprise users will be charged £10 per month (£120 per year).
4.2 Unless agreed otherwise, all our charges are inclusive of any applicable value added or other sales tax. VAT for EU countries will be calculated based on the billing address of the cardholder.
4.3 We reserve the right to suspend our provision to you of the Service or terminate the contract between us if our charges are overdue for payment.
4.4 Unless otherwise agreed, premium usership is non-transferable and may not be resold.
5.1 As an individual member, you may cancel your subscription to the Service at any time by providing one month’s notice.
5.2 We reserve the right to cancel premium userships at our own discretion. Where we initiate a cancellation, we will refund on a pro-rata basis any future months' premium usership remaining, and we will also refund the last month's premium usership in full.
6. Warranty and Liability
6.1 Nothing in this contract shall be construed as restricting or excluding our liability for death or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation, or liability which we are responsible for in relation to consumer protection rights, or for any other matters which it would be illegal for us to exclude. Nothing in this contract affects your statutory rights as a consumer.
6.2 We will not be responsible for any losses that were not foreseeable to you or us when the contract was formed, or that were not caused by any breach on our part. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
6.3 Our liability to you under this contract shall not exceed the amount paid by you for the Service.
6.4 We only provide you with access to the Service for domestic and private use. If you use the Service for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.1. Users must be at least 16 years old to use the Service.
7.2 A person who is not a party to these Terms may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
7.3 If any dispute arises out of these Terms, we will try to resolve any disputes with you quickly and efficiently. We will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure.
7.5 This contract shall be governed by the laws of England and we both agree that any dispute arising under or connected to it will be decided by the English Courts. If you are a consumer in an overseas jurisdiction, including Scotland or Northern Ireland, this will not affect your rights to bring a claim in your local Courts or otherwise affect any statutory or other local law protections which you have.
7.6 We may transfer or assign our rights and obligations under these Terms to another organisation or appoint third parties to assist us at any time, but this will not affect your rights or our obligations under these Terms.
7.7 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
7.8 This contract is the entire agreement and understanding between us and all other statements and terms whether written or verbal are excluded to the fullest extent permitted by law.
7.9 If either of us does not at any time act on any rights we have or we delay in doing so, it will not affect the rights of either of us to enforce any rights at a later stage. If either of us choose not to rely on a right which we have, it will not affect any other rights which either of us has.