Terms & Conditions

Our Terms and Conditions

Introduction

By using our website and/or services you agree to comply with our terms and
conditions of business. Should you not agree to this then you must cease
using our website and/or services with immediate effect.

Our terms and conditions together with our privacy policy (which can be
viewed here – [insert link]) form our entire agreement with you. The use of
our website and/or services are subject to our terms and conditions of
business and we therefore advise that you check our current version
periodically to ensure that you agree with them. These terms and conditions
were last updated in September 2019.

By using or accessing our products and/or services, which are collectively
referred to as the “Service,” you agree (i) that you are 13 years of age or
older, (ii) if you are the age of majority in your jurisdiction or over, that you
have read, understood, and accept to be bound by the Terms, and (iii) if you
are between 13 and the age of majority in your jurisdiction, that your legal
guardian has reviewed and agrees to these Terms.

About us

We are Caffeine Lounge. We can be contacted info@caffeinelounge.co.uk

Changes to our terms and conditions

We reserve the right to change our terms and conditions of business at any
time and without notice. We therefore suggest that you check these
periodically to ensure you still agree to be bound by them.

Your right to use our services

The Service provides a chat and social platform. The Service may allow you
to participate in public and private chat rooms and to utilise messaging
features to communicate with other users of the Service.

The Service may also allow you to access certain software and/or other
content that is available to purchase from the Company. Subject to your
compliance with these Terms, the Company grants you a limited, revocable,
non-exclusive, non-transferable, non-sublicensable license to use and
access the Service solely for your personal, non-commercial use, unless we
agree to your commercial use in writing.

You agree not to (and not to attempt to):
(i) use the Service for any use or purpose other than as expressly
permitted by these Terms;
(ii) copy, adapt, modify, prepare derivative works based upon,
distribute, license, sell, transfer, publicly display, publicly perform,
transmit, stream, broadcast, attempt to discover any source code,
reverse engineer, decompile, disassemble, or otherwise exploit the
Service or any portion of the Service, except as expressly permitted
in these Terms; or
(iii) use data mining, robots, spiders, or similar data gathering and
extraction tools on the Service.

No licenses or rights are granted to you by implication or otherwise under
any intellectual property rights owned or controlled by the Company or its
licencors, except for the permissions and rights expressly granted in these
Terms.

The Company reserves the right to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice.
The Company reserves the right to refuse any user access to the Services
without notice for any reason, including but not limited to a violation of the
Terms.

If you violate these Terms, the Company reserves the right to issue you a
warning regarding the violation or immediately terminate or suspend any or
all Accounts you have created using the Service. You agree that the
Company need not provide you notice before terminating or suspending your
Account(s), but it may do so.

Your account with us

You are responsible for your log-in credentials and for any activity resulting
from the use of your log-in credentials or other activity on your account
(“Account”) on the Service.

Upon launching the App or the Service, if you do not already have an
Account, you will be prompted to create one by providing a username and in
some cases a password. You may also be required to provide a valid email
address or other information to access or utilise certain applications or
features.

You represent and warrant that the information you provide to us upon
registration and at all other times will be true, accurate, current, and
complete.

We reserve the right to reject any username or to terminate your username
or prevent use of a username in our sole discretion, and without any liability
to you.

You understand and agree that other users of the Service may have the
same username as you, however, users will be differentiated by a number
identifier that may or may not be visible to you or other users.
You will ensure that your e-mail address is kept accurate and up-to-date at
all times. If we allow you to use the App without creating an Account (e.g., if
we make available a single-session use feature), any username you select
for use in connection with the App will be available for other users after your
session ends.

You are responsible for maintaining the confidentiality of your log-in
credentials and are fully responsible for all activities that occur through the
use of your credentials or otherwise on your Account.

You agree to notify us immediately if you believe the confidentiality of your
log-in credentials has been compromised or if you suspect unauthorised use
of your Account.

You agree that we will not be liable for any loss or damage arising from
unauthorised use of your credentials.

Communications

You agree to receive communications from us electronically, such as email,
text, or mobile push notices, or notices and messages on the Service.
For any direct marketing messages, we will ensure that we obtain your
consent first, and also make it easy for you to opt out — we don’t want to
send you messages you don’t want.

By using the Service or providing information to us, you agree that we may
communicate with you electronically regarding security, privacy, and
administrative issues relating to your use of the Service, and that all
agreements, notices, disclosures, and other communications that we provide
to you electronically satisfy any legal requirements that such
communications be in writing.

You may use the Service to send messages to other users of the Service.
You agree that your use of the Service will not include sending unsolicited
marketing messages or broadcasts (i.e., spam). We may utilise a variety of
means to block spammers and abusers from using the Service. If you believe
spam originated from the Service, please email us immediately.

Intellectual Property rights

All rights, title and interest in and to all materials that are part of the Service
(including, but not limited to, designs, text, graphics, pictures, video,
information, applications, software, music, sound and other files, and their
selection and arrangement), except for Your Content, collectively referred to
as the “Service Materials,” are, as between the Company and you, owned
by the Company and/or its third party licencors.

You acknowledge and agree that you shall not acquire any ownership rights
whatsoever by downloading Service Materials or by purchasing any Virtual
Currency or Virtual Goods (each as defined below).

You agree that you shall not modify, copy, distribute, frame, reproduce,
republish, download, scrape, display, post, transmit, or sell in any form or by
any means, in whole or in part, or otherwise exploit the Service Materials
without our express prior written permission.

You acknowledge that you do not acquire any ownership rights by using the
Service or by accessing any Service Materials posted on the Service by the
Company, or any derivative works thereof.

All rights not expressly granted by these Terms are reserved by the
Company and its licencors, and no license is granted hereunder by estoppel,
implication or otherwise.

Content

Any data, text, graphics, photographs and their selection and arrangement,
and any other materials uploaded to the Service by you is “Your Content.”
You represent and warrant that Your Content is original to you and that you
exclusively own the rights to such content, including the right to grant all of
the rights and licenses in these Terms without the Company incurring any
third party obligations or liability arising out of its exercise of such rights and
licenses.

All of Your Content is your sole responsibility and the Company is not
responsible for any material that you upload, post, or otherwise make
available.

By uploading, distributing, transmitting or otherwise using Your Content with
the Service, you grant to us a perpetual, nonexclusive, transferable, royaltyfree, sublicensable, and worldwide license to use, host, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform,
and display Your Content in connection with operating and providing the
Service.

The Company does not guarantee the accuracy, quality, or integrity of any
user content posted. By using the Service, you acknowledge and accept that
you may be exposed to material you find offensive or objectionable.
You agree that the Company will not under any circumstances be liable for
any user content, including, but not limited to, errors in any user content, or
any loss or damage incurred by use of user content.

The Company reserves the right to remove and permanently delete Your
Content from the Service with or without notice for any reason or no reason.
You may notify the Company of any user content that you believe violates
these Terms, or other inappropriate user behaviour, by emailing us.

Rules of conduct and usage

The Service provides communication channels such as forums,
communities, or chat areas (“Communication Channels”) designed to enable
you to communicate with other Service users.

The Company has no obligation to monitor these communication channels
but it may do so in connection with providing the Service.

The Company may also terminate or suspend your access to any
Communication Channels at any time, without notice, for any reason.
You acknowledge that any user content (including without limitation chats,
postings, or materials posted by users) on the Communication Channels is
neither endorsed nor controlled by us.

The Company will not under any circumstances be liable for any activity
within Communication Channels.

The Company is not responsible for information that you choose to share on
the Communication Channels, or for the actions of other users.

As a condition of your use of the Service, and without limiting your other
obligations under these Terms, you agree to comply with the restrictions and
rules of use set forth in these Terms and our Community Guidelines as well
as any additional restrictions or rules (such as application-specific rules) set
forth in the Service. As an example, you agree not to use the Service in order
to cause offence to others, commit unlawful activities, upload or transmit
viruses and use the Service improperly. Please note this list is not
exhaustive and we reserve the right to suspend membership at any time if
we feel your activities are not in keeping with the spirit of our online
community.

Feedback

We appreciate hearing from our users and welcome your comments
regarding the Service. If you choose to provide feedback, comments or
suggestions for improvements to the Service or otherwise (in written or oral
form) (“Feedback”), you represent and warrant that (a) you have the right to
disclose the Feedback, (b) the Feedback does not violate the rights of any
other person or entity, and (c) your Feedback does not contain the
confidential or proprietary information of any third party or parties.

By sending us any Feedback, you further (i) agree that we are under no
obligation of confidentiality, express or implied, with respect to the Feedback,
(ii) acknowledge that we may have something similar to the Feedback
already under consideration or in development, (iii) grant us an irrevocable,
non-exclusive, royalty-free, perpetual, worldwide license to use, modify,
prepare derivative works from, publish, distribute and sublicense the
Feedback, and (iv) irrevocably waive, and cause to be waived, against us
and pir users any claims and assertions of any moral rights contained in such
Feedback. This Feedback section shall survive any termination of your
account or the Services.
All rights in this section are granted without the need for additional
compensation of any sort to you.

 

Third party content

We use trusted third-party services to help us provide the Service, but such
use does not indicate that we endorse them or are responsible or liable for
their actions.

In addition, the Service may link to third-party websites to facilitate its
provision of services to you. If you use these links, you will leave the Service.
Please note that your use of such third-party services will be governed by
the terms and privacy policy applicable to the corresponding third party.
Some of these third-party websites may use Service Materials under license
from us. We are not responsible for nor do we endorse these third-party
websites or the organisations sponsoring such third-party websites or their
products or services, whether or not we are affiliated with such third-party
websites.

You agree that we are not responsible or liable for any loss or damage of
any sort incurred as a result of any such dealings you may have on or through
a third-party website or as a result of the presence of any third-party
advertising on the Service.

User disputes

You are solely responsible for your interaction with other users of the Service
and other parties that you come in contact with through the Service. The
Company hereby disclaims any and all liability to you or any third party
relating to your use of the Service.

The Company reserves the right, but has no obligation, to manage disputes
between you and other users of the Service.

Termination

You may terminate your Account at any time and for any reason by deleting
your account through the User Settings page in the application.

The Company may terminate your Account and your access to the Service
(or, at the Company’s sole option, applicable portions of the Service) at any
time and for any reason.

The Company is not required to provide you with any notice or warning prior
to any such termination. You may, as the result of termination, lose your
Account and all information and data associated therewith, including without
limitation your Virtual Currency and Virtual Goods, as applicable, and the
Company is under no obligation to compensate you for any such loss.

Disclaimer of warranty

THE SERVICES AND THE SERVICE MATERIALS ARE PROVIDED “AS IS”
AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE
SERVICES IS AT YOUR SOLE RISK. IN ADDITION, WHILE THE
COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE
CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE
SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE
SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS,
DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS
SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL
THE COMPANY, BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR
ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER
INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA,
ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS
ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.THE
COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE
GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN
ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS
IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT
A CLAIM OR (B) $100. THE LIMITATIONS AND DISCLAIMERS IN THESE
TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS
THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE
ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN
THESE JURISDICTIONS, DISCORD’S LIABILITY WILL BE LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.

You specifically acknowledge that the Company shall not be liable for user
content, including without limitation Your Content, or the defamatory,
offensive, or illegal conduct of any third party and that the risk of harm or
damage from the foregoing rests entirely with you.

Indemnification

You agree to indemnify and hold the Company, harmless from and against
any loss, liability, claim, demand, damages, costs and expenses, including
reasonable attorney’s fees, arising out of or in connection with (i) your use of
and access to the Service; (ii) your violation of any term of these Terms; (iii)
your violation of any third party right, including without limitation any
copyright, property, or privacy right or any third party agreement; or (iv) any
of Your Content or information in your Account or any other information you
post or share on or through the Service. As used in this section, “you” shall
include anyone accessing the Service using your password.

Virtual currencies, virtual goods and terms of sale

We will not charge you a fee to use the basic functionality of the Service, but
fees may be charged for certain products and services.

The Service may include an opportunity to obtain virtual currency (“Virtual
Currency”) or virtual goods (“Virtual Goods”) that may require you to pay a
fee using legal tender (that is, “real money”) to obtain the Virtual Currency or
Virtual Goods.

Your purchase of Virtual Currency is final and is not refundable,
exchangeable, transferable, except in the Company’s or the platform
provider’s sole discretion.

You may not purchase, sell, or exchange Virtual Currency outside the
Service. Doing so is a violation of the Terms and may result in termination of
your Account with the Service and/or legal action.

The Company retains the right to modify, manage, control and/or eliminate
Virtual Currency and/or Virtual Goods at its sole discretion. Prices and
availability of Virtual Goods are subject to change without notice. We shall
have no liability to you or any third party for the exercise of such rights. You
shall have a limited, personal, non-transferable, non-sublicensable
permission to use solely within the Service Virtual Goods and Virtual
Currency that you have earned, purchased or otherwise obtained in a
manner authorised by the Company. You have no other right, title or interest
in or to any such Virtual Goods or Virtual Currency appearing or originating
in the Service.

Product Descriptions. We try to make the Service thorough, accurate, and
helpful to our customers. Nonetheless, there may be times when certain
information contained on the Service may be incorrect, incomplete, or
inaccurate, or appear inaccurate because of the browser, hardware,
software, or other technology that you use. Discord reserves the right, with
or without prior notice, to: change descriptions or references to products
and/or services; limit the available quantity of any product or service; honour,
or refuse to honour, any coupon, coupon code, promotional code or other
similar promotions; and/or refuse to provide any visitor to, or use of the
Service with any product or service.

Availability and Pricing. Though we try to honour all purchase requests,
availability cannot always be guaranteed. When an item is not available and
cannot be replenished — for example, if we offer a limited promotion — we
will attempt to remove the item from the Service in a timely manner but make
no guarantees in this regard. We may occasionally make errors in the stated
prices on the Service. If a product’s correct price is higher than the listed
price, we will either confirm that we’ll provide the item at the price listed or
cancel your order and notify you of such cancellation.

Payments. We accept PayPal and/or
such other payment methods we may make available to you from time-totime through our Service, as forms of payment (“Payment Method”). We may
also offer you the ability to make orders through a third party app store or
other payment service. You agree to comply with their terms and any other
requirements they may have.

We may, in our sole discretion, cancel your payment at any time by providing
notice to you through your contact information or by a notice when you
attempt to make a payment.

We may cancel a payment or prevent you from initiating future payments for
any reason, including, without limitation, the following: (i) if you attempt to
use the Service in breach of any applicable law or regulation, including the
card network rules or regulations; (ii) if you use the Service in breach of these
Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding
a payment; (iv) if we detect, in our sole discretion, that your payments have
excessive disputes, high reversal rates or present a relatively high risk of
losses; or (v) failure to cooperate in an investigation or provide additional
information when requested.

Refunds. You can find our refund policy here:
http://CaffeineLounge.co.uk/refund_Policy

Taxes. Stated prices may not include sales and use taxes. If they do not, you
are responsible for the payment of such taxes related to your purchase. We
have the right to charge you for any taxes that we are required to pay or in
fact collect related to your purchase.

International Orders. You will be solely responsible for any license fees,
customs duties, and other taxes and fees related to the export of the products
from the United Kingdom.

Manufacturer EULAs and Other Terms. You may be required to accept an
end user license agreement (EULA) or other terms provided by the
manufacturer prior to use of the product you ordered. A EULA or other terms
may accompany the product you ordered.

SUBSCRIPTIONS

Recurring Billing. By purchasing any subscription, you authorise us to charge
your Payment Method on a recurring (e.g., monthly or yearly) basis for the
applicable subscription charge, any and all taxes or possible transaction
fees, and any other charges incurred in connection with your use of the
subscription service. Your payment to us will automatically renew at the end
of your applicable subscription period, unless you cancel your subscription
before the end of the current subscription period.

Price Changes. We may change the price for subscriptions from time to time,
and will communicate any price changes to you in advance and, if applicable,
how to accept those changes. Price changes for subscriptions will take effect
at the start of the next subscription period following the date of the price
change. As permitted by local law, you accept the new price by continuing to
use the service after the price change takes effect. If you do not agree with
the price changes, you have the right to reject the change by unsubscribing
prior to the price change going into effect. We don’t want to charge you for
something you don’t want, though, so if you cancel within 14 days of any
price increases, we’ll provide you a refund.

Cancellation. You may cancel your subscription at any time, and you will
continue to have access to our services through the end of the current
subscription period. If you cancel your subscription before the end of the
current subscription period, we will not refund any subscription fees already
paid to us. At our sole discretion, however, we may provide a refund,
discount, or other consideration to some or all of our members (“credits”).
The provision of credits in one instance does not entitle you to credits in the
future for similar instances, nor does it obligate us to provide credits in the
future, under any circumstance.

Dispute resolution

Should you have any dispute regarding our products and/or services then
we would ask that you contact us as soon as possible so that we can help to
put things right. Please contact us by Email: info@caffeinelounge.co.uk