us.beaybl.com Open in urlscan Pro
23.227.38.74  Public Scan

Form analysis
4 forms found in the DOM

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   Featured
    * New Releases
    * Bestsellers
    * Essential Sports Bras
    * Loungewear
    * Black Leggings
    * Layering Essentials
    * Final Sale
    * Shop All
   
   Shop by category
    * Leggings
    * Sweatpants
    * Shorts
    * Sports Bras
    * Crop Tops
    * Tops & T-Shirts
    * Vests
    * Hoodies & Jumpers
    * Coats & Jackets
    * Underwear
   
   Shop by collection
    * Empower
    * Balance V2
    * Elevate
    * Core
    * Flare
    * Motion
    * Training
    * Reflex
    * Luxe
   
   Accessories
    * Socks
    * Bottles
    * Resistance Bands
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TERMS & CONDITIONS

TERMS AND CONDITIONS


Last updated February 28, 2022


TABLE OF CONTENTS

1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. RETURN/REFUNDS POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. GUIDELINES FOR REVIEWS
12. MOBILE APPLICATION LICENSE 
13. SOCIAL MEDIA
14. SUBMISSIONS
15. THIRD-PARTY WEBSITE AND CONTENT

16. SITE MANAGEMENT
17. PRIVACY POLICY

18. COPYRIGHT INFRINGEMENTS
19. TERM AND TERMINATION
20. MODIFICATIONS AND INTERRUPTIONS
21. GOVERNING LAW
22. DISPUTE RESOLUTION
23. CORRECTIONS
24. DISCLAIMER
25. LIMITATIONS OF LIABILITY
26. INDEMNIFICATION
27. USER DATA
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
29. CALIFORNIA USERS AND RESIDENTS
30. MISCELLANEOUS
31. CONTACT US


1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”) and RK BRANDS LTD
(11272653), doing business as AYBL ("AYBL ", “we”, “us”, or “our”), concerning
your access to and use of the https://us.beaybl.com website as well as any other
media form, media channel, mobile website or mobile application related, linked,
or otherwise connected thereto (collectively, the “Site”). We are registered in
England and have our registered office at 14, Broad Ground Road, Redditch,
Worcestershire B98 8YP. Our VAT number is GB 316770988. You agree that by
accessing the Site, you have read, understood, and agreed to be bound by all of
these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU
ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site
from time to time are hereby expressly incorporated herein by reference. We
reserve the right, in our sole discretion, to make changes or modifications to
these Terms of Use from time to time. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use, and you waive any right
to receive specific notice of each such change. Please ensure that you check the
applicable Terms every time you use our Site so that you understand which Terms
apply. You will be subject to, and will be deemed to have been made aware of and
to have accepted, the changes in any revised Terms of Use by your continued use
of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use
by any person or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Site from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.

 
The Site is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use this Site. You may not use the Site in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).

All users who are minors in the jurisdiction in which they reside (generally
under the age of 18) must have the permission of, and be directly supervised by,
their parent or guardian to use the Site. If you are a minor, you must have your
parent or guardian read and agree to these Terms of Use prior to you using the
Site.


2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source
code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned
or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws, and
international conventions. The Content and the Marks are provided on the Site
“AS IS” for your information and personal use only. Except as expressly provided
in these Terms of Use, no part of the Site and no 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 whatsoever, without our express
prior written permission.

Provided that you are eligible to use the Site, you are granted a limited
license to access and use the Site and to download or print a copy of any
portion of the Content to which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not expressly granted to you
in and to the Site, the Content and the Marks.


3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2) you
will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and you
agree to comply with these Terms of Use; (4) you are not a minor in the
jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Site; (5) you will not access the Site through automated
or non-human means, whether through a bot, script or otherwise; (6) you will not
use the Site for any illegal or unauthorized purpose; and (7) your use of the
Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Site (or any portion thereof).



4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene,
or otherwise objectionable.


5. PRODUCTS

We make every effort to display as accurately as possible the colors, features,
specifications, and details of the products available on the Site. However, we
do not guarantee that the colors, features, specifications, and details of the
products will be accurate, complete, reliable, current, or free of other errors,
and your electronic display may not accurately reflect the actual colors and
details of the products. All products are subject to availability, and we cannot
guarantee that items will be in stock. We reserve the right to discontinue any
products at any time for any reason. Prices for all products are subject to
change.


6. PURCHASES AND PAYMENT

We accept the following forms of payment:

-  Visa
-  Mastercard
-  American Express
-  PayPal
-  Klarna
-  Afterpay
-  Sezzle
-  Apple Pay
-  Discover
-  Maestro
-  iDeal
-  Shop Pay
-  Sofort
-  Google Pay
-  Diners Club

 
You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Site. You further agree to promptly
update account and payment information, including email address, payment method,
and payment card expiration date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the price of purchases as
deemed required by us. We may change prices at any time. All payments shall
be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and
any applicable shipping fees, and you authorize us to charge your chosen payment
provider for any such amounts upon placing your order. We reserve the right to
correct any errors or mistakes in pricing, even if we have already requested or
received payment.

We reserve the right to refuse any order placed through the Site. We may, in our
sole discretion, limit or cancel quantities purchased per person, per household,
or per order. These restrictions may include orders placed by or under the same
customer account, the same payment method, and/or orders that use the same
billing or shipping address. We reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by dealers, resellers, or
distributors.



7. RETURN/REFUNDS POLICY
Please review our Return Policy posted on the Site prior to making any
purchases.


8. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we
make the Site available. The Site may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
us.

As a user of the Site, you agree not to:
 * Systematically retrieve data or other content from the Site to create or
   compile, directly or indirectly, a collection, compilation, database, or
   directory without written permission from us.
 * Trick, defraud, or mislead us and other users, especially in any attempt to
   learn sensitive account information such as user passwords.
 * Circumvent, disable, or otherwise interfere with security-related features of
   the Site, including features that prevent or restrict the use or copying of
   any Content or enforce limitations on the use of the Site and/or the Content
   contained therein.
 * Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
 * Use any information obtained from the Site in order to harass, abuse, or harm
   another person.
 * Make improper use of our support services or submit false reports of abuse or
   misconduct.
 * Use the Site in a manner inconsistent with any applicable laws or
   regulations.
 * Engage in unauthorized framing of or linking to the Site.
 * Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
   horses, or other material, including excessive use of capital letters and
   spamming (continuous posting of repetitive text), that interferes with any
   party’s uninterrupted use and enjoyment of the Site or modifies, impairs,
   disrupts, alters, or interferes with the use, features, functions, operation,
   or maintenance of the Site.
 * Engage in any automated use of the system, such as using scripts to send
   comments or messages, or using any data mining, robots, or similar data
   gathering and extraction tools.
 * Delete 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 to transmit) any material that
   acts as a passive or active information collection or transmission mechanism,
   including without limitation, clear graphics interchange formats (“gifs”),
   1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred
   to as “spyware” or “passive collection mechanisms” or “pcms”).
 * Interfere with, disrupt, or create an undue burden on the Site or the
   networks or services connected to the Site.
 * Harass, annoy, intimidate, or threaten any of our employees or agents engaged
   in providing any portion of the Site to you.
 * Attempt to bypass any measures of the Site designed to prevent or restrict
   access to the Site, or any portion of the Site.
 * Copy or adapt the Site’s software, 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 Site.
 * Except as may be the result of standard search engine or Internet browser
   usage, use, launch, develop, or distribute any automated system, including
   without limitation, any spider, robot, cheat utility, scraper, or offline
   reader that accesses the Site, or using or launching any unauthorized script
   or other software.
 * Use a buying agent or purchasing agent to make purchases on the Site.
 * Make any unauthorized use of the Site, including collecting usernames and/or
   email addresses of users by electronic or other means for the purpose of
   sending unsolicited email, or creating user accounts by automated means or
   under false pretenses.
 * Use the Site as part of any effort to compete with us or otherwise use the
   Site and/or the Content for any revenue-generating endeavor or commercial
   enterprise.
 * Sell or otherwise transfer your profile.



9. USER GENERATED CONTRIBUTIONS

The Site 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 Site, 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 Site and
the Marketplace Offerings 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.
 * You are the creator and owner of or have the necessary licenses, rights,
   consents, releases, and permissions to use and to authorize us, the Site, and
   other users of the Site to use your Contributions in any manner contemplated
   by the Site and these Terms of Use.
 * 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
   Site and these Terms of Use.
 * Your Contributions are not false, inaccurate, or misleading.
 * Your Contributions are not unsolicited or unauthorized 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, libelous, slanderous, or otherwise objectionable (as determined by
   us).
 * 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 to promote violence against a specific
   person or class of people.
 * Your Contributions do not violate any applicable law, regulation, or rule.
 * Your Contributions do not violate the privacy or publicity rights of any
   third party.
 * Your Contributions do not violate any applicable law concerning child
   pornography, or otherwise intended to protect the health or well-being of
   minors;
 * Your Contributions do not include any offensive comments that are connected
   to race, national origin, gender, sexual preference, or physical handicap.
 * Your Contributions do not otherwise violate, or link to material that
   violates, any provision of these Terms of Use, or any applicable law or
   regulation.

Any use of the Site or the Marketplace Offerings in violation of the foregoing
violates these Terms of Use and may result in, among other things, termination
or suspension of your rights to use the Site and the Marketplace Offerings.


10. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions
accessible to the Site by linking your account from the Site 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 license 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 authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels.

This license 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.

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 Site. You are solely responsible for your Contributions to the
Site 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-categorize any Contributions to
place them in more appropriate locations on the Site; 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 areas on the Site 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 hate
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 organize 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 to 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 license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to review.




12. MOBILE APPLICATION LICENSE

Use License

If you access the Marketplace Offerings via a mobile application, then we grant
you a revocable, non-exclusive, non-transferable, limited right to install and
use the mobile application on wireless electronic devices owned or controlled by
you, and to access and use the mobile application on such devices strictly in
accordance with the terms and conditions of this mobile application license
contained in these Terms of Use. You shall not: (1) except as permitted by
applicable law, decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the application; (2) make any modification,
adaptation, improvement, enhancement, translation, or derivative work from the
application; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the application; (4) remove, alter, or
obscure any proprietary notice (including any notice of copyright or trademark)
posted by us or the licensors of the application; (5) use the application for
any revenue generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the application available over a
network or other environment permitting access or use by multiple devices or
users at the same time; (7) use the application for creating a product, service,
or software that is, directly or indirectly, competitive with or in any way a
substitute for the application; (8) use the application to send automated
queries to any website or to send any unsolicited commercial e-mail; or (9) use
any proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of
any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either
the Apple Store or Google Play (each an “App Distributor”) to access the
Marketplace Offerings: (1) the license granted to you for our mobile application
is limited to a non-transferable license to use the application on a device that
utilizes the Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App Distributor’s
terms of service; (2) we are responsible for providing any maintenance and
support services with respect to the mobile application as specified in the
terms and conditions of this mobile application license contained in these Terms
of Use or as otherwise required under applicable law, and you acknowledge that
each App Distributor has no obligation whatsoever to furnish any maintenance and
support services with respect to the mobile application; (3) in the event of any
failure of the mobile application to conform to any applicable warranty, you may
notify the applicable App Distributor, and the App Distributor, in accordance
with its terms and policies, may refund the purchase price, if any, paid for the
mobile application, and to the maximum extent permitted by applicable law, the
App Distributor will have no other warranty obligation whatsoever with respect
to the mobile application; (4) you represent and warrant that (i) you are not
located in a country that is subject to a U.S. government embargo, or that has
been designated by the U.S. government as a “terrorist supporting” country and
(ii) you are not listed on any U.S. government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of agreement when
using the mobile application, e.g., if you have a VoIP application, then you
must not be in violation of their wireless data service agreement when using the
mobile application; and (6) you acknowledge and agree that the App Distributors
are third-party beneficiaries of the terms and conditions in this mobile
application license contained in these Terms of Use, and that each App
Distributor will have the right (and will be deemed to have accepted the right)
to enforce the terms and conditions in this mobile application license contained
in these Terms of Use against you as a third-party beneficiary thereof.




13. SOCIAL MEDIA


As part of the functionality of the Site, 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 Site; or (2) allowing us to access your Third-Party
Account, as is 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 breach by you of any of the
terms and conditions that govern your use of the applicable Third-Party Account,
and without obligating us to pay any fees or making us subject 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 Site 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 Site. 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 Site. You will have the ability to
disable the connection between your account on the Site 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 Site. You can deactivate the connection between the Site 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 the username and profile picture that become associated with
your account.



14. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site or the Marketplace Offerings
("Submissions") provided by you to us are non-confidential and shall become our
sole property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and dissemination
of these Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any
such Submissions, and you hereby warrant that any such Submissions are original
with you or that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.



15. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site or the Marketplace
Offerings) links to other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third Party Websites accessed through the Site or any Third-Party Content
posted on, available through, or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-PartyContent does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Terms of Use no longer govern. You
should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Site or
relating to any applications you use or install from the Site. Any purchases you
make through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by your
purchase of such products or services. Additionally, you shall hold us harmless
from any losses sustained by you or harm caused to you relating to or resulting
in any way from any Third-Party Content or any contact with Third-Party
Websites.




16. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for
violations of these Terms of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Terms of Use,
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, notice, or liability, to remove from the Site
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 Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site and the Marketplace Offerings.



17. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy
Policy: https://www.beaybl.com/pages/privacy-policy. By using the Site or the
Marketplace Offerings, you agree to be bound by our Privacy Policy, which is
incorporated into these Terms of Use. Please be advised the Site and the
Marketplace Offerings are hosted in the United Kingdom. If you access the Site
or the Marketplace Offerings from any other region of the world with laws or
other requirements governing personal data collection, use, or disclosure that
differ from applicable laws in the United Kingdom, then through your continued
use of the Site, you are transferring your data to the United Kingdom, and you
expressly consent to have your data transferred to and processed in the United
Kingdom.





18. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any
material available on or through the Site 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 Site infringes your copyright,
you should consider first contacting an attorney.



19. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SITE AND THE MARKETPLACE OFFERINGS (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 TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS 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.


20. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at
any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Site. We also reserve the
right to modify or discontinue all or part of the Marketplace Offerings 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 Site or the
Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at
all times. We may experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Site or the Marketplace Offerings 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
Site or the Marketplace Offerings during any downtime or discontinuance of the
Site or the Marketplace Offerings. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or the Marketplace
Offerings or to supply any corrections, updates, or releases in connection
therewith.


21. GOVERNING LAW


These conditions are governed by and interpreted following the laws of the
United Kingdom, and the use of the United Nations Convention of Contracts for
the International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally possess the
protection provided to you by obligatory provisions of the law in your country
to residence. RK BRANDS LTD (11272653) and yourself both agree to submit to the
non-exclusive jurisdiction of the courts of Birmingham, which means that you may
make a claim to defend your consumer protection rights in regards to these
Conditions of Use in the United Kingdom, or in the EU country in which you
reside.


22. DISPUTE RESOLUTION


The European Commission provides an online dispute resolution platform, which
you can access here: https://ec.europa.eu/consumers/odr. If you would like to
bring this subject to our attention, please contact us.



23. CORRECTIONS

There may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Marketplace Offerings,
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 Site at any time, without prior notice.


24. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE
OF THE SITE 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
SITE 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
SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE 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 SITE, (3)
ANY UNAUTHORIZED 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 SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SITE 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 SITE. WE
DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, 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 USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.


25. 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 PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO US . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


26. 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 Site; (3) breach of
these Terms of Use; (4) any breach of your representations and warranties set
forth in these Terms of Use; (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 Site with whom you connected via the
Site. Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our
defense 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.


27. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of
managing the performance of the Site, as well as data relating to your use of
the Site. 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 Site. 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.


28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, 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 Site, 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 SITE. 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.



29. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.



30. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site
or in respect to the Site constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of
these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use 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 Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Terms of Use 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 Terms of Use
or use of the Site. You agree that these Terms of Use will not be construed
against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Terms of Use and the
lack of signing by the parties hereto to execute these Terms of Use.


31. CONTACT US

In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:

RK BRANDS LTD (11272653)
14, Broad Ground Road
Redditch, Worcestershire B98 8YP
England
support@beaybl.com


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