BIGBLEU USER AGREEMENT
1.1 Welcome to www.bigbleu.com (the "Site") which provides Users with a notice board to list things for sale and rent; review tradespeople; view salary information; participate in our online surveys; and take advantage of boutique business promotions. We hope you enjoy using it.
1.2 The Site belongs to and is operated by Bigbleu Ltd. Before you use it you must read, understand and accept the terms and conditions below (together the “User Agreement”).
1.3 We may change this User Agreement at our absolute discretion at any time without notice. You must check the User Agreement each time you use the Site and review any changes. Your use of the Site after any changes constitutes your acceptance of the amended User Agreement.
1.4 If you do not agree to be bound by this User Agreement, do not use the Site.
PLEASE READ THIS USER AGREEMENT CAREFULLY AS IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BIGBLEU LTD.
2. YOUR USE OF THE SITE
2.1 You may not register or login to the Site unless you are an employee of an organisation listed at http://www.bigbleu.com/register/domains.php or unless we have agreed to give you access. You also may not register or login if you have been asked not to by Bigbleu.
2.2 When using the Site you agree not to:
- infringe the rights of any third party, including copyright, trademark, privacy or publicity;
- post in a language other than English or post in the wrong sections of the Site;
- interfere with other users' use of the Site;
- post content that in the sole judgement of Bigbleu is misleading, fraudulent, libellous, unlawful or interferes with other users enjoyment of the Site, or which exposes Bigbleu to any liability;
- allow the use of your Bigbleu password and/or username by another party or use another user’s account;
- use the Site on behalf of another person or entity;
- impersonate any person or misrepresent yourself;
- use or access the Site or use any technologies in a way that may damage the Site or any user’s equipment;
- copy, change the content of the Site;
- collect information about other users or use information about other users for anything other than Bigbleu transactions;
- use any part of the Site for any advertising or solicitations which are not consistent with the nature of the sections provided;
- use any part of the Site to promote any business, service or activity that might compete in any way with the services provided by Bigbleu Ltd;
- attempt to bypass any measures we use to prevent or restrict access to the Site.
2.3 You agree to comply with all applicable laws when using the Site and you accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you post on the Site.
3.2 Collection and Storage
3.2.1 The personal information that you provide us with when you register is a work email address; a work or personal email address to be used as your username; and a password. You may also choose to provide us with your telephone number and other personal information when you make a posting. You consent to us storing this information on servers located anywhere in the world.
3.3 Use of Personal Information by Bigbleu
3.3.1 We may use the email addresses you provide to us to tell you about changes to the Site, new services and the status of your postings.
3.3.2 We may disclose your username email address and phone number (if you choose to provide it) to other Bigbleu users viewing your postings or to third parties where this is required by order of a court of competent jurisdiction or by law, rule or regulation.
3.3.3 We will not intentionally give, sell or rent your personal information to third parties.
3.4.1 We use encryption and/or passwords to protect your personal information. However, third parties may intercept or access personal information, and other users may collect your personal information from the Site. Therefore, we do not guarantee, and you will not hold us responsible if your personal information or private communications do not remain private.
4. ADVERTISING, PROMOTIONS AND LINKS TO THIRD PARTY SITES
4.4 On this Site you will find third party advertising and promotions (particularly in the sections listing promotions, houses for sale, holiday houses and hotels) and links to third party websites. Whilst we hope you will be interested in all of these, you acknowledge that under no circumstances do we accept any financial responsibility for your use of third party sites or in respect of any third party products or services advertised or promoted.
4.5 The presence on the Site of third party advertising and promotions and links to third party websites does not constitute any form of advice, recommendation, representation or endorsement by BIGBLEU and you agree to undertake your own due diligence (independent of any information provided on the Site) before making (or refraining from making) any specific investment, purchase, sale or other decisions.
4.6 Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) this Site are at your own responsibility and entered into at your own risk.
5.1 We may stop you from using the Site and/or delete or edit listings/postings you are associated with at our absolute discretion if we think you are in breach of one or more of the terms of this User Agreement or are not acting in the spirit of this User Agreement. You agree not to hold Bigbleu responsible for any loss you may incur as a result of Bigbleu taking these actions.
5.2 You acknowledge that we may not review postings or vet users and we therefore do not guarantee and you will not hold us responsible for the content, quality, accuracy or legality of postings or other information provided by users or the conduct of users.
5.3 You acknowledge that there may be errors and/or inaccuracies in the information provided on this Site and you therefore agree not to proceed with any transaction or incurr any costs of any kind until you have independently verified that the information is correct. In relation to user postings, this includes verifying the identity of the user you are transacting with.
5.4 You agree that we are not responsible for the actions or inactions of users of the Site and that we are not liable for losses arising from the actions or inactions of other users.
5.5 YOU ACKNOWLEDGE THAT USERS MAY NOT BE WHO THEY SAY THEY ARE AND MAY NOT BE EMPLOYEES OF A BANK, LAW FIRM OR CORPORATE AND THAT YOU MUST CONFIRM THEIR IDENTITY AND TAKE THE PRECAUTIONS YOU WOULD NORMALLY TAKE WHEN TRANSACTING OR MEETING WITH A STRANGER.
5.6 You understand that we cannot guarantee and you will not hold us responsible for continuous or secure access to our Site and that we give no guarantee or warranty express or implied about the Site’s quality or fitness for a particular purpose.
5.7 To the extent legally permitted we (including our affiliates, officers, directors, agents and employees) expressly disclaim all warranties, representations and conditions, express or implied. We shall not be liable to you for any personal loss or business losses such as loss of data, goodwill, profits, revenue, reputation, or business interruption or for any other losses arising out of your use of the Site.
5.8 Regardless of the previous paragraph, if we are found to be liable our total liability of whatever nature, whether in contract, tort, under statute or otherwise to you, for any losses arising from or in any way in connection with your use of this Site shall not exceed ten pounds sterling. Although this means that we accept very little in the way of financial responsibility for your use of the Site, we think this is fair on the basis that you can use the Site free-of-charge. It is not commercially possible for us to accept more responsibility for your use of the Site.
5.9 Nothing in this User Agreement shall exclude, restrict or prevent a claim being brought in respect of any liability which cannot lawfully be limited or excluded.
6.1 You will compensate us (including our affiliates, officers, directors, agents and employees) in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this User Agreement.
7.1 You agree to hold us (and our officers, directors, agents, and employees) harmless from costs, claims, demands and damages (actual and consequential) connected in any way with any dispute you are involved in with any other party.
7.2 You agree to contact us using the 'Contact Us' section of the Site if you have a complaint against Bigbleu.
8. THIRD PARTY RIGHTS
8.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this User Agreement.
9. GOVERNING LAW
9.1 This User Agreement shall be governed by and construed in accordance with the laws of England and you and Bigbleu both agree to submit to the non-exclusive jurisdiction of the Courts of England.
10.1 If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
10.2 This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.
10.3 The following Sections survive any termination of this User Agreement: Liability, Compensation, Third Party Rights, Governing Law and Disputes.