This terms and conditions (together with the documents referred to in it) tells you the terms and conditions on which you may make use of our website www.dayahalai.com (the “site”), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.
Please read these terms and conditions carefully as these will apply to your use of our site.
By using our site, you confirm that you accept these terms and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
OTHER APPLICABLE TERMS
These terms and conditions refer to the following additional terms, incorporated into the terms and conditions, which also apply to your use of our site:
- Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
- Our Cookie Policy, which sets out information about the cookies on our site.
INFORMATION ABOUT US
The site is operated by Daya Halai Limited (“we” or “us”). We are registered in England and Wales under company number 05317126 and have our registered office at Daya Halai, Alpha House, 646c Kingsbury Road, London, NW9 9HN.
CHANGES TO THESE TERMS
We may revise these terms and conditions at any time by amending this page.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.
We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time.
REGISTRATION, YOUR ACCOUNT AND PASSWORD
To use some of the services or features made available to you on this site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at Daya Halai, daya@dayahalai.com. We may also change registration requirements from time to time.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at Daya Halai, daya@dayahalai.com.
ELIGIBILITY TO PURCHASE
In order to make purchases on the site, you will be required to provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided. The site is available only to individuals and others who meet our terms of eligibility and who are able to transfer the agreed cost. By making an offer to purchase, you expressly authorise us to perform credit checks and where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties. Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference agency or fraud prevention agency, which may keep a record of that information.
PRICING POLICY
All prices and offers remain valid as advertised from time to time. Product prices are set using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period. The price applicable to your order will be the price current at the time your order is accepted.
Your bank will calculate currency based on the place where you make the purchase. If you are a customer whose bank is not denominated in pounds sterling, the final cost will be calculated in accordance with the applicable exchange rate on the day your bank processes the transaction.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order will be completed when funds are transferred to our bank and completion of the contract between you and us will be completed when work is completed.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or to any third party for reason of our withdrawing any package from the site whether or not that package has been sold, removing screening or editing any materials or content on the site, refusing to process a transaction or unwinding or suspending any transaction after it has begun.
PAYMENT
Payment can be made by Bank transfer. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep details of your order, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the site.
INTELLECTUAL PROPERTY RIGHTS
Your use of the site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material relating to the Content (as described below), including our software and all html and other code contained in the site. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You are permitted to use the Content only as expressly authorised by us. We grant you a limited, revocable and non-exclusive license to access and make personal use of the site.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors
If you print off, copy or download any part of our site in breach of these terms and conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
CONTENT
In addition to the intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this site. We try to ensure that the information on this site is accurate and complete. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. We do not promise that the functional aspects of our site or our Content will be error free or that this site, our Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed.
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you license).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
RIGHTS YOU LICENSE
When you upload or post content to our site, you grant the following licenses:
- You grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform such content in connection with the service provided by our site and across all media including for the promotion of the service.
- You grant third parties (including but not limited to, other users of our site, our partners and/or advisors) the right to use such content in accordance with the functionality of our site.
Licences granted by you will be for as long as such content is hosted on our site. Should you delete such content from our site the licenses to use such content shall remain in force for a period of 12 months from deletion.
VIRUSES
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to make any use of content on our site other than that set out above, please contact daya@dayahalai.com.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over and are not responsible for the content or accuracy of those sites or resources, nor are we responsible or liable for any damage, loss or offence caused or alleged to be caused by or in connection with the use or reliance on any such content on such other sites and third party resources.
NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
NO COMMERCIAL USE
This site if for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your site, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
YOUR ACTIVITY
You agree that you will be personally responsible for your use of this site and for all of your communication and activity on and pursuant to this site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the terms of sale, we may deny you access to the site on a temporary or permanent basis.
LIMITATION OF OUR LIABILITY
Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. Nothing in the terms of sale is intended to affect your rights under the law. If we breach the terms of sale, we shall only be liable for losses that are direct losses and are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and us at the time of you placing your order, and us dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you or us (for example, loss of profits or loss of opportunity). We are also not responsible for failure to meet any of our obligations under the terms of sale where such failure is due to events beyond our reasonable control.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
COMPENSATION
At our request, you agree to compensate us fully, defend us and hold us harmless immediately on demand, our officers, directors, agents, affiliates, licensors and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the terms of sale by you, including the use by any other persons accessing this site using your internet account caused by your action or inaction.
OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the terms of sale or your use of this site. You agree that you may not and will not hold yourself out as our representative, agent or employee and we shall not be liable for any representation, act or omission on your part.
NO WAIVER
If you breach the terms of sale and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the terms of sale.
APPLICABLE LAW
The terms of sale, together with all our policies and procedures, will be governed by and construed in accordance with English law and the relevant courts of England and Wales will have exclusive jurisdiction.
CONTACT US
To contact us, please email daya@dayahalai.com.