Terms and Conditions
1.1 This document (together with any documents referred to in it) tells you the terms and conditions (the “Conditions”) upon which we will supply the Services to you. You may print a copy for future reference.
1.2 Business Day: a day other than a Saturday, Sunday or public holiday when banks in London are open for business.
1.3 “Services” means the services listed on the Website which we may supply.
1.4 Before confirming your order please read through these Conditions and in particular our cancellations and returns policy and limitation of our liability and your indemnity
1.6 By ordering any of the Services, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.
2 About us
2.1 This Website is owned and operated by Jumping Giraffe Ltd (‘we’/’us’/’our’), a limited company, registered in England and Wales under company number: 8308164 having our registered office at 4 Jennings Orchard, Cheltenham, Gloucestershire, GL52 9HL. Our VAT Number is 152597883.
2.2 Our telephone number is 01242 323121.
2.3 Our email address is firstname.lastname@example.org.
3 Eligibility to purchase from the Website
To be eligible to purchase the Services and lawfully enter into and form a contract with us, you must be 18 years of age or over.
4.1 The prices of the Services are quoted on the pricing page.
4.2 Prices and any other charges quoted on the pricing page are based on performance of the Services in the United Kingdom unless otherwise specified.
4.3 Unless otherwise stated, the prices quoted include VAT.
5.1 Payment can be made by any major credit or debit card.
5.2 By placing an order, you consent to payment being charged to your debit/credit card account as provided on the order form.
5.3 You must pay 100 percent of the price of the Services in advance. If you pay us by credit or debit card we will take payment from your card in advance for the advance payment using our third party payment provider.
5.5 We shall contact you should any problems occur with the authorisation of your card.
6. Order process and formation of a contract
6.1 All orders are subject to acceptance and availability. If we are unable to supply you with the Services in your order due to matters such as an Event Outside our Control or because we have identified a mistake in the description of the Services or the price stated by us, we will notify you. We will not proceed with the order and will refund any sums you have paid us.
6.2 Any order placed by you for the Services constitutes an offer to purchase them from us.
6.3 You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services.
6.4 A ‘Confirmation Notice’ means an email which we send to you to confirm that we shall be providing the requested Services. A Confirmation Notice will be our acceptance of the offer made in the order to which that Confirmation Notice relates.
6.5 A contract between you and us for the supply of the Services (the ”Contract”) incorporating the version of these Conditions in force at the time of your order will come into existence when we send you the Confirmation Notice relating to your order. You may print and keep a copy of the Confirmation Notice for future reference.
6.6 If you think that there is a mistake in the Confirmation Notice or if you wish to make any changes, please contact us to discuss this. If you request a change, we will tell you if that is possible and about any changes to the price, delivery or performance dates or any other changes that we need to make as a result of your request. We will ask you if you wish to go ahead with the change.
6.7 We may make:
6.7.1 changes to these Conditions as a result of changes in any relevant laws and regulatory requirements,
6.7.2 changes to these Conditions as a result of changes in how we accept payment from you,
6.7.3 changes in the amount payable by you to the extent of any changes in the VAT included in the price or payable in relation to the price.
6.8 If we make any changes in accordance with clause 6.7 we will give you written notice of the changes before we supply the Services. You can choose to cancel the contract if the change would be significantly to your disadvantage.
6.9 Any variation to these Conditions which have been incorporated into the Contract or to the Contract other than those mentioned in clause 6.7 shall only be binding when agreed in writing.
Jumping Giraffe Ltd may terminate any User’s access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If Registered User wishes to terminate its registration and account, Registered User may do so at any time by sending an email to email@example.com that includes Registered User’s electronic email address.
No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. Following the termination or cancellation of Your subscription to the Service and/or Account, we reserve the right to delete all Service Data in the normal course of operation. Service Data cannot be recovered once Your Account is cancelled.
If you have a comment, concern or complaint about any Services you have purchased from us, please contact our CEO Stuart Cole by email at stu @goyakka.com.
9 Liability and indemnity
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
10 Use of personal data
You authorise us to process and transmit your name, address and other personal information supplied by you (including updated information) to:
10.1 supply the Services to you
10.2 inform you of similar Services we provide, but you may contact us at any time to request that we stop informing you of these.
11 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12 Third part sites
The Service may permit Users to access the Site from and to link from the Site to other websites on the Internet. These other websites are not under Jumping Giraffe Ltd’s control, and User acknowledges and agrees that Jumping Giraffe Ltd is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by Jumping Giraffe Ltd or any association with its operators. Additional or different terms and conditions may apply when Users are accessing and using such other websites.
13 Other important terms
13.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
13.2 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
13.3 All Contracts are concluded in English only.
13.4 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
13.5 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.6 We may use your name and logos on our website royalty-free.
14 Governing law
These Conditions and the Contract are governed by the laws of England and Wales. Jumping Giraffe Ltd makes no representation that the Service is appropriate or legally available for use in locations outside the United Kingdom, and accessing and using the Service is prohibited from territories where doing so would be illegal. Users that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws.
15 Governing jurisdiction
You can bring legal proceedings in respect of the Services in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the Services in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the courts of Northern Ireland or England and Wales. If you live in another country in the EU, you can bring legal proceedings in respect of the Services in either the courts of your home country or England and Wales.
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use GOYakka for a variety of reasons, we can’t guarantee that it will meet your specific needs.
Jumping Giraffe Ltd own the intellectual property rights in the website and material on the website including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software. You may view, download for caching purposes only, and print pages from the website for the User’s own personal use, subject to the restrictions set out below and elsewhere in this Agreement.
The User agrees that all content (“Content”) delivered via the Service or otherwise made available by our site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. The User is responsible for all activity that occurs within their account, including but not limited to posts, messages and updates, including that not carried out by the User, and is responsible for ensuring that all such activity complies with applicable laws.
Subject to this license, all these intellectual property rights are reserved.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
Last updated: 10th December 2017