Access to and use of www.adderuppa.com (the “Site”) is provided by BUD Solutions Limited, on the following terms and conditions (“Terms”). By accessing the Site you are agreeing to the Terms that appear below, whether or not you register as a user. If you have any questions, please email firstname.lastname@example.org or use the contact us facility on the site.
1.0 No warranties, Exclusion of Damages, Limitation of Liability and Exclusive Remedy
1.1 No Warranties
1.1.1 BUD Solutions Limited does not give any warranties in respect of the Site or its Content. In particular, the Site Services are provided on an “as is”, “with all faults” and “as available” basis. To the extent allowed by applicable law, BUD Solutions Limited hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, lack of negligence or of workmanlike effort.
1.2 No incidental or consequential damages
1.2.1 To the full extent allowed by applicable law, you agree that BUD Solutions Limited will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or of workmanlike effort) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the site services or to any breach of these terms by BUD Solutions Limited, even if it has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability.
1.3 Limitation on damages; exclusive remedy
1.3.1 You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur in reasonable reliance on the applicable site service up to a limit of the following, at BUD Solutions Limited’s election: (1) a refund of the amount you paid (if any) to receive the relevant service in total during the month in which the damage is first incurred less any reasonable allowance for complying services, or (2) correction or replacement of the service. All limitations will apply to all legal and equitable claims.
3.0 Choice of Law and Jurisdiction
3.1 These Terms shall be governed by, and construed in accordance with, English law.
3.2 The parties agree that the courts of England shall (subject to the paragraph below) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them.
3.3 For the exclusive benefit of BUD Solutions Limited, BUD Solutions Limited shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
4.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
4.2 Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.
4.3 BUD Solutions Limited, is a company registered in England and Wales under the number 04957457, with its registered offices at Rezare Farmhouse, Rezare, Launceston, PL15 9NX, UK.