Terms and Conditions

AGREEMENT TO OUR LEGAL TERMS
We are Gemstone Technology Solutions LTD (the “Company,” “we,” “us,” or “our”), a company incorporated under the laws of England and Wales, with our registered office located at 7 Woodsome Close, Ryhope, Sunderland, England, SR3 2ZG. We are registered with Companies House under company number 14794814.
We operate the website hubeatz.com (the “Site”) and provide associated digital products, mobile applications, platforms, and services that reference or link to these Legal Terms (collectively, the “Services”).
Hubeatz is more than just an online grocery store — it’s a global community centred on fresh, sustainable living. We connect you with passionate farmers, ethical producers, and health-conscious consumers who value quality food and community well-being. Whether you’re shopping from Lagos, London, or Los Angeles, our curated selection of groceries — including local organics, international delicacies, and responsibly sourced products — ensures quality, trust, and transparency. With over 50,000 items available, from farm-fresh produce to handmade goods, Hubeatz delivers convenience and integrity right to your doorstep. Our mission transcends borders, helping people everywhere live healthier lives while supporting sustainable practices and thriving communities.
You can contact us by phone by:
- Phone: +44 7932 971127 (Standard UK and international rates may apply)
- Email: support@gemstonetech.onmicrosoft.com
- Mail: 7 Woodsome Close, Ryhope, Sunderland, England, SR3 2ZG
These Legal Terms constitute a legally binding agreement between you (whether as an individual or on behalf of a business or other entity) and Gemstone Technology Solutions LTD, governing your access to and use of the Services, irrespective of your location or residence.
By accessing or using the Services, you confirm that you have read, understood, and agree to be legally bound by these Legal Terms, and that you will comply with all applicable laws, regulations, and international standards, including but not limited to UK consumer protection laws, data protection regulations (including the UK GDPR), and electronic communications regulations. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
We may update or amend these Legal Terms from time to time to reflect changes in the law, technological developments, our business practices, or user feedback. Where legally required or deemed appropriate, we will provide prior notice of any material changes. Updates will be communicated via the email address you provided or through a prominent notice on the Site. Continued use of the Services after the effective date of the changes indicates your acceptance of the revised terms.
Users who are considered minors under the laws of their country of residence (typically under the age of 18 in the UK) must have the permission and supervision of a parent or legal guardian to access or use the Services. If you are a minor, your parent or guardian must review and accept these Legal Terms on your behalf before you access the Services.
We recommend that you print or save a copy of these Legal Terms for your records and future reference.
TABLE OF CONTENTS
- OUR SERVICES
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- USER REGISTRATION
- PRODUCTS
- PURCHASES AND PAYMENT
- PROHIBITED ACTIVITIES
- USER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENCE
- GUIDELINES FOR REVIEWS
- SOCIAL MEDIA
- SERVICES MANAGEMENT
- PRIVACY POLICY
- COPYRIGHT INFRINGEMENTS
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- CORRECTIONS
- DISCLAIMER
- LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- MISCELLANEOUS
- CONTACT US
1. OUR SERVICES
The information and content made available through the Services are intended for general informational purposes and are not directed toward any person or entity in any jurisdiction or country where the provision, access, or use of such information would be contrary to applicable law or regulation, or where it would subject us to any registration or regulatory requirement in that jurisdiction.
Accordingly, individuals who choose to access or use the Services from locations outside the United Kingdom do so at their own initiative and are solely responsible for ensuring that their use of the Services complies with all applicable local laws, rules, and regulations in their respective jurisdictions.
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including but not limited to the source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics within the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos featured therein (the “Marks”).
Our Content and Marks are protected by copyright, trade mark, design rights, and other intellectual property laws and treaties in the United Kingdom and internationally.
The Content and Marks are provided via the Services “AS IS” solely for your personal, non-commercial use or, where applicable, for internal business purposes.
Your Use of Our Services
Subject to your continued compliance with these Legal Terms (including the PROHIBITED ACTIVITIES section), we grant you a limited, non-exclusive, non-transferable, revocable licence to:
- access and use the Services; and
- download or print a reasonable portion of the Content you have lawfully accessed,
strictly for personal, non-commercial use or internal business purposes only.
Except as expressly permitted above or elsewhere in these Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior express written consent.
If you wish to use any Content, Marks, or part of the Services beyond the rights granted herein, you must submit a written request to: support@gemstonetech.onmicrosoft.com. If permission is granted, you must acknowledge us as the rightful owner or licensee and retain all copyright or proprietary notices associated with our Content and Marks.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any unauthorised use or breach of these Intellectual Property Rights constitutes a material breach of these Legal Terms and may result in immediate termination of your right to use the Services.
Your Submissions and Contributions
Please read this section alongside the PROHIBITED ACTIVITIES section to understand the rights you grant us and your responsibilities when uploading content through the Services.
Submissions: By sending us any suggestions, feedback, ideas, comments, questions, or other information about the Services (“Submissions”), you agree to assign all intellectual property rights in such Submissions to us. We shall own and may use these Submissions without limitation for any lawful purpose, whether commercial or otherwise, and without any obligation to acknowledge or compensate you.
Contributions: The Services may provide features (such as blogs, forums, reviews, or social channels) allowing you to submit or display materials, including text, images, videos, audio, comments, personal details, and other content (“Contributions”). Submissions that are publicly posted are treated as Contributions.
You acknowledge that Contributions may be visible to other users of the Services.
When You Post Contributions, You Grant Us a Licence (Including Use of Your Name, Trade Marks, and Logos): By posting Contributions, you grant us a perpetual, worldwide, royalty-free, irrevocable, transferable, and sublicensable licence to use, reproduce, display, publish, distribute, store, and otherwise exploit your Contributions (including any names, trade marks, logos, images, or likenesses therein) for any purpose, including commercial and marketing purposes, in any format and media.
This licence includes our right to use your name, business name, franchise name (if applicable), and any marks or brand identifiers you provide.
Your Responsibilities When Posting:
By submitting Submissions or Contributions (including via linked accounts such as social media), you:
- confirm that you have read and agree to our PROHIBITED ACTIVITIES section;
- agree not to post or transmit any material that is unlawful, offensive, defamatory, discriminatory, misleading, or otherwise objectionable;
- waive (to the fullest extent permitted by UK law) any moral rights you may have in your Contributions;
- warrant that the Submissions and/or Contributions are your original work or that you have all necessary rights to grant us the rights set out above;
- confirm that the Submissions and/or Contributions do not include confidential or proprietary information.
You remain fully responsible for your Submissions and Contributions and agree to indemnify us against any loss or liability arising from your breach of this section, any infringement of a third party’s intellectual property rights, or breach of applicable law.
We May Remove or Edit Your Content: While we are not obligated to monitor Contributions, we reserve the right to remove or edit any Contribution at any time without notice if, in our opinion, it breaches these Legal Terms or is otherwise harmful. We may also suspend or terminate your account and notify appropriate authorities where necessary.
Copyright Infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon your copyright or other intellectual property rights, please refer to the COPYRIGHT INFRINGEMENTS section below for how to submit a complaint.
3.USER REPRESENTATIONS
By accessing or using the Services, you confirm, represent, and warrant that:
- all registration information you provide will be true, accurate, current, and complete;
- you will maintain and promptly update such information to keep it accurate and up to date;
- you have the legal capacity to enter into and comply with these Legal Terms;
- you are at least 18 years old or the age of majority in your jurisdiction, or, if under such age, you have obtained the necessary consent from a parent or legal guardian to use the Services;
- you will not access the Services through automated or non-human means, including but not limited to bots, scripts, or similar technologies;
- you will not use the Services for any unlawful or unauthorised purpose; and
- your use of the Services will comply with all applicable laws, regulations, and codes of practice in the United Kingdom and any other jurisdiction in which you access the Services.
If any information you provide is found to be untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any part thereof) at our sole discretion.
4. USER REGISTRATION
To access certain features of the Services, you may be required to register for an account. By registering, you agree to maintain the confidentiality of your password and are fully responsible for all activities that occur under your account, whether authorised by you or not.
You must notify us immediately of any unauthorised use of your account or any other breach of security.
We reserve the right, at our sole discretion, to remove, reclaim, or amend any username you choose if we consider it to be inappropriate, offensive, misleading, or otherwise objectionable, or if it infringes upon the rights of others.
5. PRODUCTS
We make every reasonable effort to display accurately the colours, features, specifications, and details of the products available through our Services. However, we cannot guarantee that your device’s display will accurately reflect the actual colours or appearance of any product.
While we strive to ensure that all product information is correct, we do not warrant that the product descriptions, specifications, or other content available via the Services are error-free, complete, current, or reliable. Products are offered subject to availability, and we do not guarantee that all items will be in stock at the time of your order.
We reserve the right to discontinue or withdraw any products at any time without notice and for any reason. All prices are subject to change at our discretion and may vary depending on factors such as promotions, supplier pricing, and regional availability.
Nothing in this section affects your statutory rights under the Consumer Rights Act 2015 or other applicable consumer protection legislation in the United Kingdom.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Paystack
- Stripe
- Visa
- Mastercard
By making a purchase through the Services, you agree to provide current, complete, and accurate billing and account information. You also agree to promptly update such information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
All transactions will be processed in Pounds Sterling (GBP) unless otherwise specified at checkout. Prices shown on the Services may include or exclude VAT, and any applicable taxes will be clearly indicated before you finalise your purchase.
You agree to pay all charges at the prices in effect at the time of your order, including any applicable delivery charges. By placing an order, you authorise us to charge your selected payment method for the total amount due. If there is a pricing error, we reserve the right to correct it—even after an order has been submitted or payment has been received.
We reserve the right to refuse or cancel any order placed through the Services. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed under the same customer account, using the same payment method, or involving the same billing or shipping address.
We also reserve the right to limit or reject orders that appear, in our sole judgement, to be made by resellers, distributors, or those engaging in unauthorised commercial activity.
Nothing in this section affects your statutory rights under the Consumer Contracts Regulations 2013 or the Consumer Rights Act 2015.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours, except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without prior written permission from us.
- Deceive, defraud, or mislead us or other users, including attempts to obtain sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content.
- Disparage, tarnish, or otherwise harm, in our opinion, the reputation of us and/or the Services.
- Use any information obtained from the Services to harass, abuse, or harm another person.
- Make improper use of our customer support services or submit false reports of abuse or misconduct.
- Use the Services in a manner that contravenes any applicable laws or regulations, including but not limited to data protection laws such as the UK Data Protection Act 2018 and the General Data Protection Regulation (GDPR).
- Engage in unauthorised framing of or linking to the Services.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other harmful material, including excessive use of capital letters and spamming, that interfere with or disrupt any party’s use of the Services or modify, impair, disrupt, alter, or interfere with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, including using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Remove the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats (‘gifs’), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services.
- Attempt to bypass any measures designed to prevent or restrict access to the Services, or any part of the Services.
- Copy or adapt the software of the Services, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as a result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including spiders, robots, cheat utilities, scrapers, or offline readers that access the Services.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited email or create user accounts by automated means or under false pretences.
- Use the Services as part of any effort to compete with us or to use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise without our express consent.
- Use the Services to advertise or offer to sell goods and services unless explicitly authorised by us.
Any violation of this section may result in the immediate termination of your access to the Services and legal action, including referral to relevant authorities.
9. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party, including under the UK Copyright, Designs and Patents Act 1988.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms, in compliance with UK data protection laws, such as the Data Protection Act 2018 and General Data Protection Regulation (GDPR).
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us), and comply with relevant laws on harmful or offensive content, such as the UK Communications Act 2003.
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and do not promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule, including the Malicious Communications Act 1988 and the Defamation Act 2013.
- Your Contributions do not violate the privacy or publicity rights of any third party, in accordance with the UK Human Rights Act 1998.
- Your Contributions do not violate any applicable law concerning child protection or pornography, including the Protection of Children Act 1978 and the Sexual Offences Act 2003.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap, and comply with the Equality Act 2010.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services, legal action, and referral to relevant authorities.
10. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions, in compliance with the UK Copyright, Designs and Patents Act 1988.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you with areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to the review, in accordance with the UK Consumer Protection from Unfair Trading Regulations 2008 and other relevant UK laws.
12. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a ‘Third-Party Account’) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breaching any terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or subjecting us to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the ‘Social Network Content’) so that it is available on and through the Services via your account, including without limitation any friend lists; and (2) we may submit to and receive from your Third-Party Account additional information, to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services.
Please note that if a Third-Party Account or associated service becomes unavailable, or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services.
You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except for the username and profile picture that become associated with your account.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, and without notice or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care deeply about your data privacy and security. Please review our full Privacy Policy here: https://www.hubeatz.com/privacy-policy. By accessing or using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
We are committed to handling your personal data responsibly and in accordance with internationally recognised data protection standards.
Our Services are primarily hosted in the United Kingdom (UK), and data collected through our platform is stored and processed in accordance with UK data protection laws. If you are accessing the Services from a region with laws governing personal data collection, use, or disclosure that differ from those in the United Kingdom, please note that your continued use of the Services constitutes your express consent to the transfer, processing, and storage of your data in the United Kingdom or any other jurisdiction in which we operate or utilise third-party service providers.
We implement appropriate technical and organisational measures to safeguard your personal information and ensure that any cross-border data transfers comply with applicable legal requirements, including the use of standard contractual clauses or other recognised data transfer mechanisms.
We encourage you to review our Privacy Policy regularly to stay informed about how we collect, use, protect, and manage your personal data, and what rights you may have based on your location.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a ‘Notification’). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms shall be governed by and interpreted in accordance with the laws of England and Wales, without regard to its conflict of law principles.
By using the Services, you and Gemstone Technology Solutions LTD agree that any disputes, claims, or controversies arising out of or in connection with these Legal Terms — including those relating to their validity, breach, termination, or interpretation — shall be subject to the exclusive jurisdiction of the courts located in England and Wales.
If you are accessing the Services from outside the United Kingdom, you acknowledge and agree that:
- UK law will apply to the extent legally permissible; and
- You are responsible for complying with all local laws in your jurisdiction relating to your use of the Services.
We retain the right to enforce our rights in any appropriate jurisdiction, including injunctive or equitable relief, where necessary to protect our interests or enforce compliance with these Legal Terms.
19. DISPUTE RESOLUTION
Informal Negotiations
In the interest of resolving disputes amicably and efficiently, both parties — you and Gemstone Technology Solutions LTD (individually, a “Party” and collectively, the “Parties”) — agree to attempt to resolve any dispute, controversy, or claim arising out of or relating to these Legal Terms (each, a “Dispute” and collectively, the “Disputes”) through good faith informal negotiations for a period of at least thirty (30) days before initiating formal proceedings such as arbitration or litigation. These informal negotiations will commence upon written notice from one Party to the other.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiation, the Dispute shall be finally and exclusively resolved through binding arbitration. The arbitration shall be administered by the London Court of International Arbitration (LCIA) under its then-applicable rules, which are deemed incorporated by reference into this clause.
- The number of arbitrators shall be three (3).
- The seat (legal place) of arbitration shall be London, United Kingdom.
- The language of arbitration shall be English.
- The governing law of the arbitration proceedings and these Legal Terms shall be the substantive law of England and Wales, unless otherwise required by applicable mandatory law in the user’s jurisdiction.
Restrictions
To the fullest extent permitted under applicable law:
- Arbitration shall be conducted solely on an individual basis;
- Class actions and collective arbitrations are not permitted;
- No Dispute may be consolidated with any other proceeding or be brought on behalf of a group or in a representative capacity, including as a private attorney general.
Each Party waives any right to a jury trial or to participate in a class action, where such waiver is legally enforceable.
Exceptions to Informal Negotiations and Arbitration
The following categories of Disputes are not subject to the informal negotiation and arbitration provisions above:
- Disputes relating to the enforcement or validity of a Party’s intellectual property rights;
- Allegations or claims of theft, piracy, invasion of privacy, or unauthorized use of the Services; and
- Any claim seeking injunctive or equitable relief.
If any part of this Dispute Resolution section is found to be unenforceable, then that portion shall be severed, and the remainder shall remain in full force and effect. Any Dispute excluded from arbitration under this section shall be subject to the exclusive jurisdiction of the competent courts located in England and Wales, unless otherwise required by mandatory law in your place of residence.
20. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD EXERCISE YOUR BEST JUDGEMENT AND CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: Gemstone Technology Solutions LTD
7 Woodsome Close, Ryhope, Sunderland, England, SR3 2ZG
Phone: +447932971127