Terms and Conditions (“Terms”)
- In accessing the Site, www.smokegenie.co.ukyou agree to do so only for your own personal, non-commercial use and in accordance with these Terms.
- The Site is owned and operated by Smoke Genie LTD and is a limited liability company registered in England and Wales (co. no. 9032253) with its registered office address at Smoke Genie Ltd, 20-22 Wenlock Road, London, UK, N1 7GU. Please read the Terms carefully as they set out your rights and obligations and the terms on which we makes the Site available to you. They also provide information on how you can submit material and how this will be used.
- Visitors to the Site just wishing to view content do not need to register. However, any use of the Site (including, but not limited to, viewing content) constitutes your acceptance of these Terms, which take effect the moment you first use the Site. If these Terms are not accepted in full, you should not access the Site and should stop using it immediately. We reserve the right to change the Terms at any time by posting changes online and it is your responsibility to refer to and comply with the most up to date Terms on accessing the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the Terms as modified.
- Unless otherwise stated, you may not copy, reproduce, republish, download, post, store, distribute, transmit, broadcast, commercially exploit or modify in any way any of the Site's material or content (including other Contributions or any advertising or sponsorship) or permit or assist any third party to do the same.
- You agree to only use the Site for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libellous, in breach of anyone’s privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site. We reserve the right to screen, filter and/or monitor content for this purpose.
- The Site may include links to third party web sites ("Third Party Sites") from time to time. You acknowledge and agree that we will not be responsible for the availability of the Third Party Sites and will not be responsible or liable for any content or services from the Third Party Sites. Your accessing of the Third Party Sites is at your own discretion and risk. These Third Parties Sites may have their own terms and conditions of use which you may be required to comply with. Please read such terms and conditions of use to ensure you are willing and able to comply with them.
Registration and Membership
- If you would like to upload material to the Site, interact with the Site including participating in the forums or blogs or setting up a profile, you must register and become a Site member ("Member" and “Membership” as the context requires). As part of this you will be asked to "accept" these Terms and, on doing so, you will be deemed to have consented to and will be bound by these Terms and conditions. Should you wish to do any shopping on the Site, you will be required to accept and be bound by the Shopping Terms.
- When you register as a Member, you will be asked to select a user name and password you can then use to access your account and log on to and/or participate in areas of the Site reserved for Members only. We reserve the right to reject user names that are offensive, defamatory or otherwise unsuitable.
- You accept it is your sole responsibility to maintain the confidentiality of your password and you are responsible for all activity that occurs under this. We are unable to check the identity of people acting as Members or using Members' areas and will not be liable where your password is used by someone else.
- You should make sure you are the only person using your password and you agree to notify us of any unauthorised use of your password and any other breach of security as soon as you become aware of it.
- If you use any functionality this Site makes available that allows people to contact you or leave comments, you are accepting these may be abusive, untrue or unpleasant. Please be careful when using any messaging and do not reveal personal information such as your home or work contact details, your last name or where you live.
- You agree and confirm that if registering as a Member, you are 18 or over and all information provided by you to us is accurate, true and up to date in all respects and at all times. Under no circumstances may a minor under the age of 13 register as a Member, or submit personal information or other content to the Site.
- Where there are any other restrictions or eligibility requirements, these will be set out on the Site. We reserve the right for ask for written proof of age or eligibility from you. If we discover or suspect that you do not comply with the age requirements, we reserve the right to suspend or terminate your Membership immediately.
- We reserve the right to modify, suspend or discontinue the Site or any part of it (including the availability of any features of the Site) at any time and without notice or liability to you. We are entitled to suspend or terminate your Membership or access to any part of the Site at any time if you breach the Terms or for technical reasons.
- "Contribution" includes all content and materials provided to or uploaded to the Site by Members and other visitors to the Site, such content and materials including (but not limited to) videos, clips, pictures, recipes, reviews, comments, data posting, competition entries, blog entries, forum comments or comments, content and/or materials made available via the Site’s social media platform(s), and all other user generated material, which will be held by us.
- You agree and guarantee that any Contribution you provide or upload is original to you and does not infringe the copyright or any other rights of any other person. You must obtain any prior consent necessary for you to provide the Contribution to us. You agree and confirm that all facts expressed by you in any Contribution are true to the best of your knowledge and belief and, if your Contribution contains opinions, these are your own and genuinely and truly held by you; and that nothing in your Contribution will include an advertisement for your business or products; that nothing in the Contribution will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene or sexually oriented, abusive, vulgar, offensive, indecent, harassing, threatening, breach anyone’s privacy or may constitute a contempt of court or break any applicable laws or be calculated to bring us or any other person into disrepute; and that all Contributions will comply with any additional Terms or requirements on the Site and you will at all times comply with the Terms. You also confirm that if you have posted a recipe, it is your own recipe and will not cause any harm to anyone.
- We are not responsible for the similarity of any of our content or programming to any media or materials or ideas transmitted to the Site. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against us or any of our subsidiaries regarding the use of such materials and ideas, even if a material or an idea is substantially similar to the idea you submitted.
- We do not, unless we agree this with you, claim any rights of ownership in your Contribution. As such, you retain all ownership rights and, although we will be able to use the Contribution as set out in these Terms, you will also have the right to use your Contribution in any way you choose.
- You grant to us (and third parties authorised by us) a non-exclusive, worldwide, royalty-free, irrevocable licence (for the full period of any rights in the Contribution) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format, sell and sub-licence the Contribution. You agree that we (and third parties authorised by us) may make any and all Contributions available on the Site and may exploit such Contributions in any media, whether now known or invented in the future, which may include but is not limited to other internet sites, mobile, television, radio, podcasts, audio-visual content and publishing and that Contributions may be made available for advertising and/or sponsorship.
- You grant us (and third parties authorised by us) the right to issue publicity concerning the Contribution and any material or service in which it may be included, and for such purpose to use and reproduce your name and photograph if we wish (where these have been provided to us) and your Contribution.
- We do not guarantee to use or otherwise make available any Contribution. Any Contribution may be rejected by us and may be edited, moderated or deleted in our absolute discretion. We reserve the right not to accept any Contribution that is not in English or for any other reason. All decisions are final and we will not enter into any discussions or correspondence about the reason for rejecting a Contribution.
- We may, in appropriate circumstances, and in our sole discretion, remove or disable access to a Contribution that appears to infringe the copyright or other intellectual property or privacy rights of others, is defamatory, or is otherwise not suitable for any other reason. In relation to all reviews and comments posted on the Site, you consent to us editing such reviews to ensure compliance with the Terms.
- We may retain other Contributions even if they are not published by us in any media. You agree, however, that we have no obligation to keep originals or copies of any Contribution or to return this to you or remove this from the Site on termination of your Membership.
- If we terminate your Membership, your Contributions (if any) will remain on the Site - please contact us at [email protected] with the details of any Contribution you would like to be removed and we will try to remove this.
Other Content and Complaints
- Although we may ask Members and other visitors to the Site to submit Contributions which must comply with the Terms, you acknowledge that Contributions supplied by others may include content which others may consider offensive or objectionable. We assume no responsibility or liability for such Contributions and, as the Contributions are created by others, it does not represent our views. You are solely responsible for your interaction with other Members and visitors to the Site.
- If you become aware of any misuse of the Site or wish to complain about any Contribution or material on the Site or believe any of your rights have been violated e.g. your copyright has been infringed, you have been defamed etc., you can email us at [email protected] with the following information:
- The nature of your complaint and the location within the Site which relates to the particular content or Member.
- For copyright disputes, identification of the copyrighted work you claim has been infringed and a statement that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law and that you are the owner of the copyright interest involved or are authorised to act on behalf of the owner.
- Your name, address, telephone number and email address and such other information as we may reasonably request.
Intellectual Property Rights Including Copyright
- The names, images and logos identifying Smoke Genie LTD, Martin Abram or third parties and any products and services are proprietary marks of these parties. Nothing in the Terms shall be construed as conferring to you any licence or right under any intellectual property right of any of the above parties unless expressly stated otherwise.
- Any products and services on the Site are subject to availability and are available at our sole discretion.
- These Conditions of Sale apply to all contracts for the supply of Goods or Service by Smoke Genie Ltd to you to the exclusion of all other terms and conditions. Any order from you gives rise to a binding contract with us only when we have notified you in writing that the order is accepted or when we have made delivery of the Goods to you (if sooner).
- All illustrations and specifications are given as a general idea of the Goods described and do not form part of a contract. We reserve the right to incorporate changes or make substitutions without prior notice.
- Prices quoted exclude Value Added Tax. Every effort is made to charge the prices set out, however we reserve the right to increase the price payable for Goods without prior notice. Prices on the website include delivery to mainland UK only.
- Delivery dates are estimated only and we shall not be liable for any loss or damage resulting from any delay. In particular we shall not be liable for any matter which results from an act of God, war or riot, extreme weather, strikes or any other events which are beyond our control.
- We reserve the right to deliver Goods by instalments, each instalment being treated as a separate contract.
- Risk in Goods will pass to you on delivery and you should insure accordingly.
- Goods will be delivered at the point most convenient to our carrier. Further transfer or installation within your premises, particularly for large or heavy items, must be arranged prior to delivery and may incur an additional charge.
- Claims for loss or non-delivery of Goods, damage, short delivery or non-compliance with descriptions must be notified in writing (this includes email) to us within ten days of the delivery date. You must not return any items to us until we have authorised you to do so. Original packaging must be returned with any damaged Goods. Claims will only be considered if these conditions are met. Our liability shall be limited to either a replacement free of charge or refund of the proportion of the price attributable to Goods undelivered or damaged at our discretion.
- Goods are not sold for any particular purpose. We shall not be liable to you for any indirect or consequential loss arising out of or in connection with the sale of Goods to you.
- Credit accounts are opened subject to status and are due on a strict 30 days from invoice date. No set-off is permitted for any reason.
- Where only part of the goods ordered are dispatched, payment shall be made of the contract price attributed to that part.
- Payment by cheque shall be treated as received once your cheque has cleared. In the case of late payment we reserve the right to charge interest at the daily rate of 4% per annum above the base rate of National Westminster Bank Plc both before and after judgement.
- If any payment falls into arrears or you are the subject of any insolvency or related proceedings you must immediately notify us and we will have the right to cancel or postpone any contract, wholly or in part, and to be paid immediately for performance or part performance of any contract date.
Ownership of Goods
- You will own Goods only once we have received payment in full of all sums owed by you. Until such time you must keep such Goods separate from your property, clearly identified as our property, and insured to their full reinstatement value. The proceeds of any insurance claim will belong to us.
Cancellation and return of Goods
- You may only cancel a Contract with our prior consent and on the basis that you will indemnify us against any costs or consequent losses.
- The return of Goods will not be accepted for any reason without prior consent and you will pay any consequential costs.
- This policy defines standards and guidelines in relation to adherence to the anti-bribery measures and standards that should apply to the acceptance and provision of gifts and hospitality. In particular, the policy is designed to comply with The Bribery Act 2010.
- These conditions and any contract between us shall be subject to and construed in accordance with English law.
Acceptance of Terms of Business
- On commencement of trade with Smoke Genie Limited the above terms of business become effective between both parties.
- The Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from the Site or these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.
- We make no representation that content on the Site is appropriate or available for use at locations other than the United Kingdom and Republic of Ireland and access to content on the Site from territories where such content is illegal is strictly prohibited. If you access the Site outside of the United Kingdom or Republic of Ireland, you are responsible for compliance with all local laws.
- If any of the Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
- You agree to indemnify and keep indemnified us from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use and/or Membership or arising from any breach or suspected breach of the Terms by you or your violation of any law or the rights of any third party.
- We can transfer our rights and obligations under these Terms to any company, firm or person provided this does not affect your rights under the Terms. You may not transfer or assign your rights or obligations under the Terms to anyone else and your Membership is personal to you.
- Smoke Genie LTD is incorporated and registered in England and Wales at Smoke Genie Ltd, 20-22 Wenlock Road, London, UK, N1 7GU.