Terms & Conditions

Thank you for visiting the Sandy Bay London  website at www.sandybaylondon.com (the "Site") This document (together with the documents referred to in it) tells you the terms and conditions on which you may use the Site. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN YOU SHOULD NOT USE THE SITE. USE OF THE SITE BY YOU SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. We may change these Terms and Conditions from time to time, so please review them each time that you visit the Site. You should save a copyof these Terms and Conditions for future reference.
  1. About us
    The Site is operated by Sandy Bay London Limited, a company registered in England and Wales under company number  07394511 , with its registered office at Solar House, 282 Chase Road, London, N14 6NZ
  2. ("we", "us", "our"). Our VAT number is 106 0548 47. You can contact us using the following email address: enquiries@sandybaylondon.com
  1. Using the Site.
    1. You may only use the Site for personal use. Any commercial use by you of the Site is strictly prohibited. You are permitted to print individual web pages on an occasional basis provided that you do not print the whole or a substantial portion of the Site and that the trade marks and intellectual property notices included on the Site are not removed.
    2. Unless otherwise stated in these Terms and Conditions, you must not (whether directly or indirectly) (i) copy, download, store, make available, distribute, sell or offer to sell all or any part of the content or Site, or (ii) download or otherwise copy any content, files or data from the Site to make or populate a database or publication of any kind whatsoever.
  2. Registration
    1. You must be at least 18 years old to register and submit comments or photographs through the Site.
    2. You must not register more than one account.
    3. You must provide an up-to-date email to which you have regular access as we may need to contact you regarding your submissions.
    4. You must not:
      • impersonate or try to impersonate another person;
      • disclose your password to anyone else;
      • allow anyone else to use your account; or
      • use anyone else's account.
    5. You are responsible for all submissions made through your account. If you suspect someone else may have access to, or be using, your password or account, you must notify us as soon as possible by emailing enquiries@sandybaylondon.com
      .
  3. Linking to the Site
    You may email your friends links to our Sites or specific pages within it.
  1. Your content – what we are allowed to do
    1. We reserve the right to publish, edit or remove all or part of any content you submit including but not limited to any details contained within your profile (e.g. your name, town, country), any photographs or any comments you may have submitted ("Your Content").
    2. Please note that by submitting content through the Site you are consenting to any images you provide being uploaded to Google Images or any other search engine selected by us.
    3. By submitting content to the Site you grant us a perpetual, royalty-free, worldwide, irrevocable, non-exclusive license to use, copy, edit, adapt, publish, translate, make available, communicate, distribute and sub-license Your Content (in whole or in part) for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you through the Site constitutes a violation of their intellectual property rights, or of their right to privacy. By submitting Your Content you warrant that you have the right to grant this license and you indemnify us for any breach of that warranty.
    4. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
    5. To the extent permitted by law, you waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in Your Content.
      • Continue to publish all or part of Your Content, including your photos, comments, profile, name, town and country, even if you change your mind and want us to remove it and/or you are not longer registered with the Site.
      • Remove Your Content, even if you have not breached these Terms and Conditions or our Guidelines .
      • Use all or part of Your Content in promoting our products and services (e.g. we may use Your Content in our advertising and other publications) on a royalty-free basis.
      • Edit Your Content, which may result in a part of it being modified and displayed, including without your name.
This clause 5.5 means, for example (without limitation), that we can:
  1. Please note that we will use your personal information in accordance with our privacy policy, which forms part of these Terms and Conditions. Please read our Privacy Policy.
  2. Your Content – what you are not allowed to do
    1. You must not submit any material to the Site or via that is:
      • defamatory, false or misleading;
      • insulting, threatening or abusive;
      • obscene or of a sexual nature; or
      • offensive, racist, sexist, ageist or which otherwise discriminate against persons on the basis of their marital status, sexual orientation or religious beliefs.
    2. You must not submit any material to the Site that is likely to:
      • encourage violence;
      • encourage or teach conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful;
      • infringe any third party intellectual property rights;
      • advertise any product or services;
      • impersonate anyone else or otherwise misrepresents your identity, affiliation or status;
      • prejudice any active legal proceedings of which you are aware;
      • cause someone alarm, anxiety or distress;
      • be technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, corrupted data or other malicious or harmful software, data, components or conduct); or
      • breach these Terms and Conditions, our Privacy Policyand/or Guidelines.
    3. You may not submit links to any websites.
    4. You must not try to circumvent (i.e. get around) any protections we put in place for the security and operation of the Site.
    5. You must not re-submit content which you are aware has been removed.
  1. Suspension or termination of account
    1. We may suspend and/or delete any user account at our sole discretion. The main reasons for which an account may be suspended or deleted are:
      • the user failed to comply with the Guidelines or these Terms and Conditions; and/or
      • any comment submitted by the user account was deemed inappropriate.
    2. We will notify you of any suspension by email at the address you provided during your registration or at the next time you attempt to access your account. The length of suspension or the decision to delete an account will depend on the circumstances.
    3. If your account is suspended or deleted you must not attempt to re-register or submit content through another account without our prior written consent.
  1. Indemnity
    You will indemnify us and keep us indemnified against all losses, expenses, costs and liabilities which arise as a result of or in connection with your breach of these Terms and Conditions.
  1. Transactions concluded through the Site
    Contracts for the supply of goods formed through our Site are governed by our Terms and Conditions of Supply.
  1. Links from the Site
    1. Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
    2. Unless otherwise stated, we are not commercially associated with any third party products which are referred to on our Site.
  1. Our liability
    1. The material displayed on our Site is provided without guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
      • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
      • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use or results of the use of the Site, any websites linked to it and any materials posted on it, including loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, or wasted management or office time whether caused by tort (including negligence) breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories above.
    2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
    3. Our total liability (if any) for all damages, losses, costs and expenses under whatever causes of action, whether in contract, tort or otherwise will not exceed £2 million.
  1. Accessing the Site
    1. Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
    2. The Site rely’s in part on software to work. Software has bugs. Whilst we will monitor the Site and try to fix bugs, we cannot guarantee that the Site, or any individual feature of the Site will be error free, available all the time and/or free from viruses.
  1. No Warranties
    We provide no warranty, whether expressly or implied, of any kind including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are hereby excluded.
  1. Changes to the Site.
    We reserve the right to change the content of the Site at any time. If the need arises we may suspend access to the Site or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
  1. Your Concerns
    If you have any concerns about the material which appears on our Site or if you see something which you reasonably believe breaches these Terms and Conditions or our Guidelines, please email us at enquiries@sandybaylondon.com
  1. Validity
    If any part or provision of these Terms and Conditions is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.
  1. Entire Agreement
    1. These Terms and Conditions, the Guidelines and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these Terms and Conditions.
    2. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions, the Guidelines or the documents referred to in them.
    3. Each of us acknowledges and agrees that the only remedy available to it for breach of these Terms and Conditions shall be for breach of contract under these Terms and Conditions. Nothing in these Terms and Conditions, however, operate to limit or exclude any liability for fraud.
  1. Jurisdiction and applicable law
    These Terms and Conditions are governed by English law. The English courts shall have exclusive jurisdiction over any dispute relating to these Terms and Conditions.