THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND CLUUO GROUP LTD T/A LIFTT, THE OWNER AND OPERATOR OF THE WWW.LIFTT.CO.UK WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE, AND YOUR PURCHASE OF PRODUCTS SOLD ON THIS SITE. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, THE SITE.
By ordering (as defined below), you represent, acknowledge and agree that you are at least 18 years of age.
1 – CHANGES TO SITE; PERSONAL INFORMATION/PRIVACY TERMS AND CONDITIONS
1.1 – CHANGES TO THE SITE
Liftt may add to, change or remove any part of the Site including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 – PERSONAL INFORMATION Liftt ON
Customers agree to provide accurate, current, and complete information as required for the purchase of the Products (as defined below in Sections below). Liftt reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Liftt uses a third-party payment processing service to process orders and bill fees to your credit/debit card.
1.3 – PRIVACY
PLEASE TAKE NOTICE that Liftt (and its third-party service providers) automatically collects various types of information about your visits to our Site, or use our Services.
In addition to the personal information provided by you in connection with your account registration, we may also collect certain additional information by automated means, such as cookies, web beacons, and other automated devices.
We and/or our third-party service providers may employ canvas fingerprinting and other browser fingerprinting techniques that extract and analyse information about your browser, operating system, and installed graphics hardware in conjunction with other user information (e.g. time-zone, language preference, etc.) to help verify your unique identity for fraud prevention purposes and help us continue to improve our Site and Services.
We may also use third-party website analytics tools (such as Google Analytics, and Facebook Insights) that collect information about visitor traffic on the Site that help us continue to improve the Site, performance and user experiences.
The types of information we may collect by such automated means include Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser, domain name and operating system type); URLs that refer visitors to our Site; Dates and times of visits to our Sites;
Information on actions taken on our Site (such as page views and site navigation patterns); A general geographic location (such as country and city) from which a visitor accesses our Site; Search terms that visitors use to reach our Site and the webpage that led you to the Site.
2 – PASSWORDS; USE OF SITE TERMS AND CONDITIONS
2.1 – PASSWORDS
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts.
You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardise the security of your passwords. You agree to notify Liftt if there is any unauthorised use of your password on this Site or if you know of any other breach of security in relation to this Site.
2.2 – USE OF SITE; PROHIBITIONS
Subject to your compliance with this Agreement, Liftt hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use.
You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement.
You may not remove any copyright or other proprietary notices from any Content unless written consent has been give. If you breach any term of this Agreement, your authorisation to use the Site and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorised access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Liftt or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
3 – TERMS OF SALE TERMS AND CONDITIONS
3.1 – SALES OF PRODUCTS TO END USERS ONLY
Liftt sells Garage doors and Installation of garage doors (the “Product(s)”) from the Site to end-user customers.
3.2 – PRICING
Pricing for Products (including any applicable delivery and handling fees) will be given by Liftt on a survey visit or by email.
3.3 – REFUND/CANCELLATION POLICY
The Consumer shall inspect the Goods immediately upon receipt or fitting and shall notify the Seller within 7 working days of delivery/installation confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Consumer fails to do so the Consumer shall be deemed to have accepted the Goods. Notwithstanding the foregoing, Liftt does not control when a specific credit/debit card company processes a chargeback transaction.
You are responsible for contacting your credit/debit card company if you have questions about the status of the chargeback.
Liftt also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
In order to return the goods, you need a customer returns number which can be obtained from customer service sales@Liftt.co.uk
Pack the device back into the original box with all the accessories and manual.
On the Address label add the returns number and address it to Cluuo Group Ltd T/A Liftt Unit 5 Pilning Forge, Whitehouse Lane, Pilning, Bristol, BS35 4LR.
WARANTY TERMS AND CONDITIONS
Cluuo Group Ltd T/A Liftt Warranty
All garage doors come with a manufactures warranty from date of receipt/installation, unless stated. This does not affect your normal UK legal rights.
WHAT’S COVERED BY THE WARRANTY
This warranty is for garage door manufactured by (“The manufacturer”) and purchased directly from Liftt. The Garage door has to be installed with good supporting sub-frame
GARAGE DOOR WARRANTY EXTENDS TO
The Garage door extends to the original purchaser of any door from Liftt.
All warranties or implied warranties are valid for the manufactures warranty period and the garage door from Liftt, please keep a copy of your receipt as proof of purchase.
Liftt WARRANTY AND RESPONSIBILITIES
Liftt Warranty the garage door in its original packaging sold to you against material defects and workmanship (“Defects”) for the manufacturer’s warranty years from the time you purchased/installation the garage door as long as the garage door is used normally for its intended purpose and supported by a sound firm base.
WHAT THE WARRANTY COVERS
The garage door Warranty applies to the following defects:
Material flaws, like splitting cracking of the garage door.
Material defects of the garage door cover and operation mechanism.
WHAT THE WARRANTY DOES NOT COVER
Any physical misuse or abuse to the structure and /or the framework, not limited to, dents caused by others, scratches from normal use, liquid damage that the defect is caused by such damage.
Please note some marking may occur at the top of the concave side of the door over time. The is unavoidable and due to the rolling nature of the product and locking mechanism. Locking straps are an integral component of a roller garage door. Marking to both sides of an insulated roller door curtain is normal and not considered part of any warranty.
They are constructed from high quality, hinged plastic rectangles. The straps secure the roller garage door curtain to the main barrel, and will lock the door into position when fully extended. They operate much like an elbow joint, only moving in one direction. These locking straps are only designed to break when the door is put under extreme strain and occurs with misuse of the garage door by either obstacles restricting the door from operating on opening or closing the roller garage door. These are not covered under warranty.
When it comes to replacement of defective piece, we will only replace the defective piece. Any garage door “as-is”,” reconditioned”, “used”, “returned”, or any other wording indicating the garage door is not “new”, or purchased from another consumer.
Liftt defects sole or exclusive liability and your sole remedy under this warranty with the option to provide repaired or replacement garage door or cover, subject to your fulfilment of your “responsibilities”
With a defect and in order to enforce the Warranty, you must return or allow Liftt remove all faulty products to Liftt garage door with proof of damage and purchase. You will be contacted by Liftt to arrange for return/removal. At any time you wish to upgrade you will be responsible for the difference.
3.4 – SHIPPING AND PRODUCT ACCEPTANCE
The shipment/fitting date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping/fitting dates are estimates only. All shipments are sent Priority Mail or First-Class mail via courier, our Liftt fitting team. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
4 – GIFT CARDS
At this present moment in time Liftt does not supply any Gift card schemes.
5 – DISCLAIMERS:
a. The Company disclaims any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with the Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company’s control, corrupt the administration, security or proper play of the Program.
b. The Company shall not be liable to any person for failure to supply any Credit or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, an act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labour dispute or strike (whether legal or illegal), labour or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.
5.1 – LIMITATION OF LIABILITY AND INDEMNIFICATION:
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECTIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN PROMISES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
b. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY’S INCLUDING ANY VENDORS AND SERVICE PROVIDERS, MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED £100 (ONE HUNDRED POUNDS).
c. IN NO EVENT DOES THE COMPANY EXCLUDE OR LIMIT ITS LIABILITY IN RESPECT OF PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THE LIMITATION OR EXCLUSION OF WHICH IS NOT PERMITTED BY LAW.
6 – PROPRIETARY RIGHTS TERMS AND CONDITIONS
You hereby acknowledge and agree that Liftt or its licensors own all legal right, title and interest in and to the Site and Content including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist., Liftt and Liftt.co.uk is a trademark of Cluuo Group Ltd T/A Liftt in the UK. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Liftt, Copyright © 2020 Liftt All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
7 – THIRD PARTY SITES; INDEMNIFICATION TERMS AND CONDITIONS
7.1 – THIRD-PARTY WEBSITES
8 – INDEMNIFICATION TERMS AND CONDITIONS
You hereby agree to defend, release, indemnify and hold harmless each of the Liftt Parties (as defined in Section below) from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.
9 – LIMITATION OF LIABILITY TERMS AND CONDITIONS
IN NO EVENT SHALL ANY Liftt PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECTIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A Liftt PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, A Liftt PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PRODUCTS, THE RELEVANT Liftt PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID Liftt FOR THE PRODUCTS, AS APPLICABLE; AND (B) THE SUM OF ONE HUNDRED UK POUNDS (UK£100).
NOTHING IN THIS SECTION 10 SHALL EXCLUDE OR LIMIT ANY Liftt PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH Liftt PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW TERMS AND CONDITIONS
10.1 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at support@Liftt.co.uk or Attn: Customer Service, Cluuo Group Ltd T/A Liftt Unit 5 Pilning Forge, Whitehouse Lane, Pilning, Bristol, BS35 4LR. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO Liftt ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small-claims court instead of in courts of general jurisdiction.
This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.
We each also agree that this Agreement affects interstate commerce so that the UK Arbitration Act and UK arbitration law apply ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Neither you nor Liftt has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to Liftt for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other torts will be arbitrated according to the rules of the United Kingdom Arbitration, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you.
Any issue concerning the extent to which a dispute is subject to arbitration or concerning the applicability, interpretation or enforceability of this Agreement including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the UK Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding,
(i) There shall be no award of punitive, exemplary identical or consequential or other special damages, (ii)all damages claims and awards will be governed by the provisions of the UK Civil Code, and (iii)the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of the arbitration including their own attorneys’ fees.
11 – CHOICE OF LAW
This Agreement is governed by the UK Arbitration Act, applicable UK law, and the laws of the UK, without regard to its conflicts of laws rules. Foreign laws do not apply. Arbitration or court proceedings must be in the UK. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
12– ELECTRONIC COMMUNICATIONS; GENERAL TERMS AND CONDITIONS/h3>
12.1 – ELECTRONIC COMMUNICATIONS
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
13 – GENERAL TERMS AND CONDITIONS
Liftt may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site including any account thereon, without notice, for any reason in Liftt sole discretion including without limitation breach of this Agreement and/or violation of the Terms of Service, Liftt belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to Liftt or another user of the Site.
The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. The parties acknowledge and agree that this Agreement and all related documents that may be drawn up are only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified Liftt Party shall be a third party beneficiary hereunder. Liftt may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, Liftt express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, and Products shall survive such termination.