These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Paid Content, and Subscriptions, are sold by Us to consumers through this website, https://devonbreeze.exposed ("Our Site"). Please read these Terms of Sale carefully and ensure that you understand them before purchasing Paid Content or a Subscription. You will be required to read and accept these Terms of Sale when ordering either Paid Content or a Subscription. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase either Paid Content or a Subscription. These Terms of Sale, as well as any and all Contracts are in the English language only.
1.Definitions and Interpretation
1.1.In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
Contractmeans a contract for the purchase of a Subscription or Paid Content, as explained in Clause 6;
Paid Contentmeans the digital content sold by Us through Our Site;
Subscriptionmeans a subscription to Our Site;
Subscription Confirmationmeans our acceptance and confirmation of your purchase of a Subscription
Paid Content Confirmationmeans our acceptance and confirmation of your purchase of Paid Content;
Subscription IDmeans the reference number for your Subscription;
Paid Content IDmeans the reference number for your Paid Content and
We/Us/Ourmeans Webstream, a company registered in England under 05154391, whose registered address is Level 3 207 Regent Street, London, W1B 3HH, UK.
2.Information About Us
2.1.Our Site, https://devonbreeze.exposed, is operated by Webstream, a limited company registered in England under 05154391, whose registered address is Level 3 207 Regent Street, London, W1B 3HH, UK.
2.2.We are regulated by ICO. (Information Commissioner's Office) and adhere to ControlScan's PCI compliance checks
3.Access to Our Site and Age Restrictions
3.1.You must be aged 18 or over to use Our Site. If We have any reason to suspect that you are under this age, We reserve the right to suspend or terminate your access to Our Site.
3.2.Access to Our Site is free of charge.
3.3.It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.4.Access to Our Site is provided "as is" and on an "as available" basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.Subscriptions, Paid Content, Pricing and Availability
4.1.We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that you will receive.
4.2.Please note that sub-Clause 4.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies. Please refer to Clause 10 if your Subscription or the Paid Content is incorrect.
4.3.We may from time to time change Our prices. Changes in price will not affect any Subscription or Paid Content that you have already purchased but will apply to any future Paid Content and or subsequent renewal or new Subscription. We will inform you of any change in price in your account under the subscriptions section before a change to the Subscription price is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 11.1.
4.4.Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content. However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.
4.5.In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform you at least 7 days before the changes are due to take effect. If you do not agree to the changes, you may cancel the Contract as described in sub-Clause 11.1.
4.6.Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
4.7.We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. All pricing information is reviewed and updated every 7 days. Changes in price will not affect any order that you have already placed.
4.8.All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Subscription or Paid Content at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your order as cancelled and notify you of this in writing.
4.9.If We discover an error in the price or description of your Paid Content or Subscription after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 11.
5.Orders - How Contracts Are Formed
5.1.Our Site will guide you through the process of purchasing a Subscription or Paid Content. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
5.2.If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of a Subscription or Paid Content that results from you providing incorrect or incomplete information.
5.3.No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase Paid Content or a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that we have accepted it. Our acceptance is indicated by Us sending you a Paid Content or Subscription Confirmation by email. Only once We have sent you a Paid Content or Subscription Confirmation will there be a legally binding Contract between Us and you.
5.4.Subscription Confirmations shall contain the following information:
5.4.1Your Subscription ID;
5.4.2Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription;
5.4.3The duration of your Subscription (including the start date, and the [expiry] AND/OR [renewal date]);
5.5.Paid Content Confirmations shall contain the following information:
5.5.1Confirmation of the Paid Content ordered including details of the main characteristics of the Content.
5.5.2Confirmation of your acknowledgement that the Paid Content will be made available to you immediately and that you will lose your legal right to change your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 11.1;
5.6.In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days.
5.7.Any refunds under this Clause 5 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
5.8.Refunds under this Clause 5 will be made using the same payment method that you used when purchasing your Subscription or Paid Content.
6.1.Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Subscription Confirmation [(this usually occurs immediately and you will be shown a message confirming your payment)].
6.2.We accept the following methods of payment on Our Site:
6.3.If you do not make any payment due to Us on time, We will suspend your access to the Subscription Service. For more information, please refer to sub-Clause 7.4. If you do not make payment within 3 Days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
6.4.If you believe that We have charged you an incorrect amount, please contact Us at email@example.com as soon as reasonably possible to let us know7
7.Provision of Paid Content
7.1.Paid Content is available to purchase from the site without subscription.
7.2.When you place an order for a Subscription, you will be required to expressly acknowledge that you wish the Paid Content to be made available to you immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) the Paid Content, you will lose your legal right to cancel if you change your mind (the "cooling-off period"). Please see sub-Clause 10.1 for more information.
7.3.In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
7.3.1To fix technical problems or to make necessary minor technical changes;
7.3.2To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
7.3.3To make more significant changes to the Paid Content, as described above in sub-Clause 4.5.
7.4.We may suspend provision of the Paid Content if We do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within 3 days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from you. If We do suspend provision of the Paid Content, We will inform you of the suspension
7.5.Any refunds under this Clause 7 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
7.6.Refunds under this Clause 7 will be made using the same payment method that you used when purchasing your Subscription or Paid Content.
8.1.When you purchase a Subscription to access Paid Content, or separately purchase Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to you does not give you any rights to Our Paid Content (including any material that We may licence from third parties).
8.2.All subscriptions are for streaming content of videos and photo sets and cannot be downloaded. The only content available for download is for photo sets if purchased as paid content through the shopping cart.
8.3.The licence granted to you under sub-Clause 8.1 is subject to the following usage restrictions and/or permissions:
8.3.1You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 'Acts Permitted in relation to Copyright Works').
9.Problems with the Paid Content
9.1.By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content available through your Subscription does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
9.1.1If the Paid Content has faults, you will be entitled to a repair or a replacement.
9.1.2If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.
9.2.If there is a problem with any Paid Content, please contact Us at firstname.lastname@example.org or visit the contact page on Our Site to inform Site Support of the problem.
9.3.Refunds (whether full or partial, including reductions in price) under this Clause 9 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
9.4.Refunds under this Clause 9 will be made using the same payment method that you used when purchasing your Subscription.
9.5.For further information on your rights as a consumer, please contact your local Citizens' Advice Bureau or Trading Standards Office.
10.Cancelling Your Subscription
10.1.If you are a consumer in the European Union, by default you have a legal right to a "cooling-off" period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund. The period begins once We have sent you your Subscription Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access (e.g. download or stream) the Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
10.2.After the cooling-off period, you may cancel your Subscription at any time, however subject to sub-Clause 10.3 and Clause 11, We cannot offer any refunds and you will continue to have access to the Paid Content for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
10.3.If you purchase a Subscription by mistake (or allow your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided you have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If you have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and you will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
10.4.If you wish to exercise your right to cancel under this Clause 10, for your convenience We offer a cancellation form in your account under the heading Subscriptions.
10.5.We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
10.6.Refunds under this Clause 10 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
10.7.Refunds under this Clause 10 will be made using the same payment method that you used when purchasing your Subscription.
11.Your Other Rights to End the Contract
11.1.You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or the Paid Content (as described in sub-Clauses 4.3 or 4.5), or to these Terms of Sale that you do not agree to. Normally the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the Paid Content until that date.
11.2.If We inform you of an error in the price or description of your Subscription or the Paid Content and you wish to end the Contract as a result, you may end it immediately.
11.3.You also have a legal right to end the Contract at any time if We are in breach of it. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
11.4.Refunds under this Clause 11 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription.
11.5.If you wish to exercise your right to cancel under this Clause 11, for your convenience We offer a cancellation form in your account under the heading Subscriptions.
11.6.We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
12.Our Liability to Consumers
12.1.We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
12.2.Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
12.3.Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
12.4.Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
13.1.For matters relating to general questions or complaints, Paid Content or your Subscription or cancellations, please contact by email at email@example.com or visit the contact page on Our Site to inform Site Support of the problem.
14.Complaints and Feedback
14.1.We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
14.2.All complaints are handled in accordance with Our complaints handling policy and procedure.
14.3.If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
14.3.1By email, addressed to Complaints at firstname.lastname@example.org;
14.3.2Using Our complaints form, following the instructions included with the form;
15.How We Use Your Personal Information (Data Protection)
15.1.All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation ("GDPR") and your rights under the GDPR.
16.Other Important Terms
16.1.We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
16.2.You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.
16.3.The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
16.4.If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
16.5.No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
16.6.We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 11.1 above).
17.Law and Jurisdiction
17.1.These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
17.2.If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
17.3.If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
17.4.If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
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