Terms of Use

Urban Baristas – Terms of Use Policy

Welcome to the website (the “Site”, “www.urbanbaristas.co.uk”) of Urban Baristas Holdings Limited (“Urban Baristas”). Urban Baristas maintains this Site for your personal information, education and communication. Urban Baristas provides its services to you subject to the notices, terms, and conditions set forth in these Terms of Use (the “Agreement”). In addition, when you use any Urban Baristas service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference.

Urban Baristas reserves the right to modify this Site and modify or amend this Agreement at any time. All changes will be effective immediately upon their posting on this Site. Material changes will be posted conspicuously on this Site. Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.

If you do not agree to this Agreement, do not access or use this Site, and instead, contact Urban Baristas in writing as set forth below for desired information.

Use of Site

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

Subject to the terms and conditions of this Agreement, Urban Baristas hereby grants you a limited, revocable, non-transferable and non-exclusive licence to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third-party, except as explicitly permitted by Urban Baristas in advance. Any breach of this Agreement shall result in the immediate revocation of the licence granted in this paragraph without notice to you.

You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Urban Baristas in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Urban Baristas in advance. Urban Baristas reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Urban Baristas believes that customer conduct violates applicable law or is harmful to Urban Baristas interests.

You may not submit content to the Site or use it in any manner that:

• Is offensive, violent, promotes racism, bigotry, hatred, harassment or physical harm of any kind against any group or individual;
• Is libellous or slanderous;
• Is intended to cause commercial harm to us or to benefit a third-party at our expense;
• Exploits people in a sexual or violent manner, is pornographic or contains nudity, violence or offensive subject matter or contains a link to a website containing such material;
• Involves any automated use of the system such as, but not limited to, using scripts to add friends or send comments or messages;
• Collects others' names, personal information or contact information by electronic or other means for the purpose of sending unsolicited communications;
• Constructs any links from any page on our website to any other site on the internet, or frames any page from our website on any other website;
• Uses any automated or computerised process we have not previously authorised to access, obtain or download data or content;
• Circumvents or modifies, attempts to or assists another in circumventing or modifying any security technology or software that is part of our website;
• Interferes with any standard technical measures used by copyright owners to identify and protect copyrighted works;
• Transmits or disseminates any kind of material that contains viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of any computer software or hardware or telecommunication systems of third parties, interrupt the normal execution of communications, interfere with or interrupt the services provided on this website otherwise permits the unauthorised use of or access to a computer or a computer network; or
• Uses the website and its services in a manner inconsistent with any and all applicable laws and regulations.

We have the right, but no obligation, to remove any submitted content for any reason. We may, at our sole discretion, remove any content that violates these terms and or is deemed to be objectionable or inappropriate for any reason.

Urban Baristas may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorised to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Urban Baristas has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorised by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Urban Baristas of any unauthorised use of your password or identification or any other breach or threatened breach of this Site's security.

Intellectual Property

All copyrightable text, graphics, charts, photographs, icons, images, audio, video, software (collectively, “content”), belongs exclusively to Urban Baristas or its Content suppliers. The design, collection, selection, arrangement, and assembly of all Content on this Site (the “Compilation”) belong exclusively to Urban Baristas or its Software suppliers. The Content, the Compilation and the Software are all protected by U.K. and pending international copyright laws. The distinctive and original layout and presentation of this Site also constitute protectable trade dress under applicable law. In addition, many proprietary names and marks belonging to Urban Baristas appear through this Site. This Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. The use of any Urban Baristas trademark or service mark without the express written consent of Urban Baristas is strictly prohibited. You may not use any Urban Baristas trademark or service mark in any way that is likely to cause confusion. You may not use Urban Baristas trademarks or service marks that in any way disparages or discredits Urban Baristas. Any unauthorised use of any trade dress, marks or any other intellectual property belonging to Urban Baristas or any third-party is strictly prohibited and will be prosecuted to the fullest extent of the law.

Trademarks

Urban Baristas is the owner of numerous trademarks, logos, emblems, and trade dress, all of which represent our vision to provide specialty coffees. We own several trademarks and service marks that have been registered with the United Kingdom Patent and Trademark Office. These include Urban Baristas, among others. You may refer to Urban Baristas trademarks in a manner that is not misleading and clearly acknowledges Urban Baristas ownership of our marks. By using this website, you acknowledge our ownership of our marks and agree not to challenge our rights. You may not use any of Urban Baristas marks or trade dress in any manner that would lead to confusion as to the source of any product or service, in any manner that would falsely suggest that Urban Baristas is affiliated with, endorses, or sponsors any product or service, or in any manner that would disparage our marks and brand. Our website may include references to marks that belong to other parties. These marks are the property of their respective owners, which may or may not be affiliated or connected with us in some way. We do not authorise you to use any third party’s marks.

As between you and us, we own and reserve all right, title, and interest in and to our website. This includes the copyright in the software and code that allow you to operate the website and the copyright in all content including text, graphics, and images. We hereby grant you a limited non-revocable licence to use our website for personal non-commercial use. You may not copy, distribute, perform or display publicly, prepare derivative works based from, or use our website except as expressly provided in these terms and conditions unless you receive our prior written permission. You may not use our website to collect data or account or other information. You may not reverse engineer any part of our website. We reserve the right to terminate your license to use this website if you do not comply with these terms and conditions.

Terms of Sale

All purchases made by you on this Site are subject to Urban Baristas Terms of Sale, which are incorporated into these Terms of Use by this reference. Please read them carefully before placing any orders on the Site, because you will be bound by the Terms of Sale.

By placing an order on this Site you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with http://www.urbanbaristas.co.ukyou must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. http://www.urbanbaristas.co.uk retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be http://www.urbanbaristas.co.uk or may in some cases be a third party. Where a contract is made with a third party http://www.urbanbaristas.co.uk is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Urban Baristas shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Urban Baristas shall have the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Urban Baristas shall immediately issue a credit to your credit card account in the amount of the charge

Payment

Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are enough funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

Returns
As always, we have a 30-day return policy. If you are unsatisfied with any purchase you have made with us for any reason, please contact us via the information below for a full refund of the purchase price within 30 days of receipt date. Tell us your name, the order number, which items, how many of you are returning, and the reason for the return. We will reply to the email with a Return Merchandise Account number and instructions on how to send the items back to us.

Termination and Effect of Termination

In addition to any other legal or equitable remedies, Urban Baristas may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Urban Baristas shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

International Access

This Site may be accessed from countries other than the United Kingdom. This Site may contain products or references to products that are not available outside of the United Kingdom. Any such references do not imply that such products will be made available outside the United Kingdom. Urban Baristas makes no representations that the materials on this Site are appropriate or available for use in other countries besides the United Kingdom. If you access and use this Site outside the United Kingdom you are solely responsible for complying with your local laws and regulations.

Accuracy of Information

We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site are accurate, complete, current, or error-free. All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Urban Baristas makes all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time.

We may make changes in information about price and availability without notice. The price displayed on the website may differ from the price for the same item sold as in-store merchandise. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Urban Baristas shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Urban Baristas shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Urban Baristas shall immediately issue a credit to your credit card account in the amount of the charge.

No Liability

In no event shall Urban Baristas or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Site or any linked website or to any material, information, data, products, or services obtained through this Site, or otherwise arising out of your use of this Site, your inability to use this Site or any decision made or action taken by you in reliance of any information, advice or materials provided on this Site, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Urban Baristas has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the Site.

Third Party Links

This Site may contain links to other sites on the Internet that are owned and operated by third parties. Such links are provided only as a service to our visitors. Urban Baristas is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this Site. Urban Baristas has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website(s). Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site. You should review the terms of use of any website to which you navigate.

If you operate another website and are interested in linking to our Site, you agree to be bound by the following rules:

(1) the link must be a text-only link clearly marked;
(2) the link must “point” to the URL “http://www.urbanbaristas.co.uk” and not to any other pages;
(3) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of Urban Baristas;
(4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with Urban Baristas names and marks;
(5) the link, and use thereof, may not create the false appearance that an entity other than Urban Baristas is associated with or sponsored by Urban Baristas;
(6) the link, when activated by a user, must display this site full-screen and not with a “frame” on the linked website; and
(7) Urban Baristas reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms of Use or through other notice.

Copyright Complaints

Urban Baristas respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Privacy Policy

By your access and use of this Site, you hereby agree to the terms of the Urban Baristas Privacy Policy, which are incorporated into these Terms of Use by this reference.

Arbitration If A Dispute Arises (“Arbitration Agreement”)

Any legal dispute between you and Urban Baristas concerning or arising out of these Terms shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. However, either you or Urban Baristas may bring any individual claim in small claims court consistent with the jurisdictional and limits that may apply, as long as it is brought and maintained as an individual claim. You may opt out of this Arbitration Agreement within the first 60 days after the earliest of the first time you (a) make a purchase from the Site; (b) sign up for any service provided by Urban Baristas and (c) purchase an Urban Baristas gift card, including without limitation the Rewards Program, by sending a signed letter to Arbitration Opt-Out, Attn: Legal, 95 Middlesex ST, Great London, London E1 7DA. The letter should include your printed name, address, and the words “Reject Arbitration”.

Either party may initiate arbitration, which shall be conducted by the Chartered Institute of Arbitrators (“CIArb”) pursuant to its Arbitration Act 1996 code of practice, as modified by this Arbitration Agreement. The Arbitration Act 1996 is available on the Legislation Gov website. In the event the Chartered Institute of Arbitrators is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration service provider. Unless you and Urban Baristas agree otherwise, any arbitration hearing shall take place in the city of London. If you live outside the United Kingdom, any arbitration will take place in a London county court. We encourage you to call Urban Baristas in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court; however, any relief must be individualised to you and shall not affect any other customer. You and Urban Baristas also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Urban Baristas hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private solicitors general lawsuit or private solicitors general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Urban Baristas will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of solicitors’ fees and expenses against you.

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Arbitration Act 1996 and other applicable laws. The law applies to any aspect of these Terms and Conditions, or to any disputes and claims that are covered by the Arbitration Agreement; except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

Remedies

You agree that Urban Baristas remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Urban Baristas shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Urban Baristas may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, solicitors’ fees.

No right or remedy of Urban Baristas shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, solicitors’ fees and expenses.

No instance of waiver by Urban Baristas of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waivers.

Severability

If any provision of these Terms of Use is found to be illegal or unenforceable or invalid, the remaining provisions of these Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable.

Entire Agreement

By your access or use of this Site, you hereby agree to these Terms of Use. These Terms of Use, together with the Urban Baristas Privacy Policy and Terms of Sale constitute the entire agreement between you and Urban Baristas with respect to your access and use of this Site and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Urban Baristas. These Terms of Use will inure to the benefit of Urban Baristas successors and assigns.

Electronic Communications

You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Urban Baristas may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.

Copyright Infringement Claims Procedure

We do not permit anyone to post materials on our website that infringe the copyrights of others. We have adopted and will follow the procedures outlined in the Copyright and Related Rights Regulations 2003, to address claims that copyright-protected material has been placed on our website without permission from the copyright owner.

1. Notice to Designated Agent

If you claim ownership of copyright in material posted on our website and you believe that posting it infringes your copyright -- or if you are authorised to act on behalf of a person who makes such a claim -- you may send us notice via email or regular mail, or by sending a notice in accordance with the Notice Requirements in the following Section B, to the following: Address:

Urban Baristas Holdings Limited. 
c/o Urban Baristas Copyright Agent
Urban Baristas
95 Middlesex ST,
Spitalfields, London
E1 7DA
gday@urbanbaristas.co.uk

Monday – Friday: 9:00 – 17:00 GMT  

1. Notice Requirements

To be sure we can address your claim; you must include the following information in your notice:

1. Your physical or electronic signature. The notice should be signed either by the copyright owner of the infringing work or by someone authorised to act on the copyright owner’s behalf;
2. Identification of the copyrighted work you claim was infringed. If multiple copyrighted works are covered by the same notification, you may provide a representative list of the infringed works.
3. Identification of where on our website the copyrighted material can be found. Please provide a complete URL and any additional information necessary to enable us to locate and identify the claimed infringing material.
4. Your contact information. Please provide an address, telephone number, and, if available, an email address at which we can contact the complaining party.
5. Certification of Infringement. The notice must certify that the complaining party has a good faith belief that use of the material on our website is not authorised by the copyright owner, its agent, or the law.
6. Certification of Accuracy. The notice must also state that the information supplied is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
   
   If you fail to comply substantially with these notice requirements you may experience a delay while we seek supplemental information. In the event, we are unable to obtain supplemental information that substantially complies with these requirements we may deny your request to remove or disable the material.
7. Takedown Upon Notice. Upon receipt of proper notification of claimed copyright infringement, we will respond promptly to remove or disable access to, the material.
8. Counter Notification. After disabling or removing the alleged infringing material, we will take reasonable steps promptly to notify the user who posted the material that the material was removed or access was disabled. Thereafter, the user may provide a counter notification. To submit a proper counter notification a user must provide:

• A physical or electronic signature of the user providing the counter notification.
• Identification of the material that was removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled.
• A statement by the user that “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
• The user's full name, address, telephone number, and username.
• If the user's address is located within the United Kingdom, the following statement: “I consent to the jurisdiction of the London County Court in which my address is located and I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.”
• If the user's address is not located within the United Kingdom, the following statement: “I consent to the jurisdiction of the London County Court for any judicial city in which Urban Baristas may be found and I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.”

Actions Upon Counter Notification. Upon receipt of a counter notification of the type described above, we will promptly provide the person who gave the original notice of infringement a copy of the counter notification. We will also inform the original claimant that we will replace the removed material or cease disabling access to the material unless we receive notice, no more than 10 business days thereafter, that the claimant has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material.

9. Repeat Infringers. Posting infringing materials is a violation of our website's terms and conditions. We will not permit repeated violations of this policy. In appropriate circumstances, we may terminate any user account, disable the user’s password, or take other appropriate action with respect to any user or users if we make a reasonable determination that the user or users are repeat infringers.

Misrepresentations

The Copyright and Related Rights Regulations 2003 provides for penalties against persons who knowingly materially misrepresent that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification. If you have questions about any notification or counter notification to be provided hereunder, please seek advice from knowledgeable counsel. The information presented here is provided for informational purposes only and does not constitute legal advice.

Website

©2020, Urban Baristas Limited, All Rights Reserved.
All information contained on this site is property of Urban Baristas unless otherwise noted. Any reproduction without express written consent of Urban Baristas is prohibited.

Our Address

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this site to: 

Urban Baristas Holdings Limited. 
c/o Urban Baristas Copyright Agent
Urban Baristas
95 Middlesex ST,
Spitalfields, London
E1 7DA
gday@urbanbaristas.co.uk