Terms & Conditions

This agreement applies as between you and Blue Plus Technologies. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of this Web Site and any Services or Systems provided by Blue Plus Technologies.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Content"	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site and any of our Services and Systems;
"Blue Plus Technologies"	means Blue Plus Technologies Limited, 49-51 Black Prince Rd, SE11 6AB London, United Kingdom; Blue Plus Technologies is the owner of this ("www.blueplus.co.uk") website and any sub-domains of this site (e.g. subdomain.blueplus.co.uk);
"Service"	means collectively any online facilities, this includes, but is not limited to, online ordering services, online ordering website, web design, hosting, internet marketing consultancy, Cost-Per-Click Google Adwords campaign management or information that Blue Plus Technologies makes available through the Web Site either now or in the future;
"System"	means any online communications infrastructure that Blue Plus Technologies makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User"/"Users"	means any third party that accesses the Web Site and is not employed by Blue Plus Technologies;
"Web Site"	means the website that you are currently using (www.blueplus.co.uk) and any sub-domains of this site (e.g. subdomain.blueplus.co.uk) unless expressly excluded by their own terms and conditions.

2. Intellectual Property

2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site and the Service, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Blue Plus Technologies, or our affiliates. By continuing to use the Web Site and the Service you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 The online ordering website that we provide to you is the property of Blue Plus Technologies.
2.3 Unless previously purchased by you, the domain name(s) and the email account(s) of the online ordering website(s) that we provide to you is the property of Blue Plus Technologies.
2.4 The database server and the database data of the online ordering website(s) that we provide to you is the property of Blue Plus Technologies.

3. Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.

4. Payment for using our online ordering Services

4.1 You are required to pay an agreeable and a non-refundable setup fee (for one online ordering website). The setup fee amount is collected by Direct Debit.
4.2 You will be charged an agreeable transaction fee of each order that you receive from the online ordering website(s) that we provide to you. There will be no refunds for as long as you use our online ordering Service. The transaction fee amount is collected by Direct Debit on a weekly basis.
4.3 All fees are in GB Pounds Sterling.
4.4 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies or duties. (Clients in UK will be charged VAT)
4.5 Direct Debit payments are collected by Interbacs Limited, Blue Plus Technologies' Direct Debit payment partner.

5. Termination of using our online ordering Services

5.1 Either Blue Plus Technologies or you may terminate your account and your use of our online ordering Services. You may cancel your use of our online ordering Services at any time, however you will not be entitled to any refund and you will have to pay the remaining balance of the transaction fees if you have received any orders since the last payment. If Blue Plus Technologies terminates your Account and your use of our online ordering Services, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
5.2 If Blue Plus Technologies terminates your account and your use of our online ordering Services as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
5.3 If Blue Plus Technologies terminates your account and your use of our online ordering Services for any other reason, you will not be entitled to any refund.
5.4 If your account and your use of our online ordering Services is terminated Blue Plus Technologies reserves the right to delete any associated data at any time.

6. Use of Communications Facilities and Content Submission

6.1 When using the Service or any other System and when submitting Content to the Web Site or to the Service you should do so in accordance with the following rules:
- 6.1.1 you must not use obscene or vulgar language;
- 6.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 6.1.3 you must not submit Content that is intended to promote or incite violence;
- 6.1.4 it is advised that posts on message boards, chat facilities or similar and communications with Blue Plus Technologies are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
- 6.1.5 you must not post links to other web sites containing any of the above types of Content;
- 6.1.6 the means by which you identify yourself must not violate these terms of use or any applicable laws;
- 6.1.7 you must not impersonate other people, particularly employees and representatives of Blue Plus Technologies or our affiliates
- 6.1.8 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
- 6.1.9 you must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
6.2 You acknowledge that Blue Plus Technologies reserves the right to monitor any and all communications made to us or using our System.
6.3 In order to use the Website and Service and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details. By continuing to use this Web Site and the Service you represent and warrant that:
- 6.3.1 any information you submit is accurate and truthful; and
- 6.3.2 you will keep this information accurate and up-to-date.
- 6.3.3 you are responsible for all Content that you submit
6.4 By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Further, you waive all moral rights in the Content to be named as its author and grant Blue Plus Technologies a licence to modify the Content as necessary for its inclusion on the Web Site or the Service. Blue Plus Technologies accepts no responsibility or liability for any infringement of third party rights by such Content.
6.5 Blue Plus Technologies will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.
6.6 We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to info@blueplus.co.uk. This does not constitute an undertaking to explain our actions.

7. Termination and Suspension

In the event that any of the provisions of Sub-Clause 6.1, above, are not followed, Blue Plus Technologies reserves the right to suspend or terminate your access and use of the Service. Any Users banned in this way must not attempt to use the Website and the Service under any other name or by using the access credentials of another User, with or without the permission of that User.

8. Privacy

Use of the Web Site and our Services and System is also governed by our privacy policy which is incorporated into these Terms and Conditions by this reference.
To view the Privacy Policy, please click here.

9. Disclaimers

9.1 Blue Plus Technologies makes no warranty or representation that the Web Site and the Service will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
9.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
9.3 Whilst every effort has been made to ensure that all descriptions of services available from Blue Plus Technologies correspond to the actual services available, Blue Plus Technologies is not responsible for any variations from these descriptions.

10. Availability of the Web Site and the Service

The Website and the Service is provided "as is" and on an "as available" basis. We give no warranty that the Website and the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Blue Plus Technologies accepts no liability for any disruption or non-availability of the Web Site and the Service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

11. Limitation of Liability

11.1 To the maximum extent permitted by law, Blue Plus Technologies accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site and the Service or any information contained therein.
11.2 Nothing in these terms and conditions excludes or restricts Blue Plus Technologies´ liability for death or personal injury resulting from any negligence or fraud on the part of Blue Plus Technologies.
11.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

12. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

13. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

14. Notices

All notices / communications shall be given to us by email to info@blueplus.co.uk. Such notice will be deemed received 3 days after the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

15. Modifications to the Service and Prices

15.1 Prices of all Services, are subject to change upon 30 days notice from Blue Plus Technologies. Such notice may be provided at any time by posting the changes to www.blueplus.co.uk or via e-mail.
15.2 Blue Plus Technologies reserves the right at any time and from time to time to modify the Service (or any part thereof) with or without notice.
15.3 Blue Plus Technologies shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

16. Law and Jurisdiction

These terms and conditions and the relationship between you and Blue Plus Technologies shall be governed by and construed in accordance with the Law of England and Wales and Blue Plus Technologies and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.