terms - Space Aye

SPACE AYE LIMITED
WEBSITE TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY

1. General
1.1 These terms (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.spaceaye.com (the “Site”).
Please read these Terms carefully before you start to use the Site. By using our Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using our Site.
1.2 The reference to “you” or “your” in these Terms means the person or organisation using the Site.

2. Information about Us
www.spaceaye.com is a Site operated by Space Aye Limited (“we”/”us”/”our”) and may be accessed through the Internet. We are a private limited company incorporated and registered in Scotland under company number SC422229 and have our registered office at 8^th Floor, 80 St Vincent Street, Glasgow G2 5UB, Scotland.

3. Age Restriction on Site
Our Site is intended for persons aged 13 years of age and older. In the event that you are under 13 years of age, please do not access or use our Site.

4. Accessing our Site
4.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw it without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period. You are permitted to use and access the Site on a personal, non-commercial basis.
4.2 From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us.
4.3 When using our Site, you must not use the Site in any way that breaches any applicable local, national or international law or regulation.
4.4 You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.

5. Intellectual property rights
5.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 You may print off or download extracts of any page(s) from our Site for your personal reference and you may draw the attention of others to material posted on our Site.
5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4 Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
5.5 You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors (as applicable).
5.6 If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease and you must, at our option, return or destroy any copies of the materials you have made.

6. Reliance on information posted
6.1 Commentary and other materials posted on our Site by us are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
6.2 We are not obliged to identify to you any content or material which is incorrect, out of date, superseded or incomplete, nor are we obliged to update, correct or complete such content. We hereby disclaim any express or implied warranties as to the completeness or accuracy of the Site.

7. Our Site changes regularly
7.1 We aim to update our Site regularly and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely.
7.2 The Site is currently provided to users free of charge.
7.3 Whilst we try to ensure that access to the Site is always available, from time to time we may decide to temporarily restrict or block access to, or use of, all or part of the Site without notice and reserve the right to do so, whether for the purpose of servicing the Site or otherwise. We do not warrant that the Site, or any part of it, will be available at all times, and you acknowledge and accept this. We accept no liability, no matter how that may be caused, arising from any unavailability, interruption, defect or loss of access to or function of the Site or any part of it at any time.
7.4 We reserve the right to withdraw and/or amend content on the Site without notice and we accept no liability, no matter how that may be caused, arising from us doing so.

8. Our liability
8.1 The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies, our professional advisors and third parties connected to us hereby expressly exclude:
8.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or otherwise;
8.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including (a) loss of income or revenue, loss of business, (b) business interruption, (c) loss of profits or contracts, (d) loss of anticipated savings, (e) loss of data, (f) loss of goodwill and/or (g) wasted expenditure, management and/or office time, (h) whether caused by delict/tort (including negligence), breach of contract or otherwise; and
8.1.3 breach of security of any communications sent by you to us using the Site or the information contained therein. Such communications are at your own risk.
8.2 The provisions of clause 8.1 above do not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

9. Information about you and your visits to our Site
We process information about you in accordance with our privacy notice . By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

10. Viruses, hacking and other offences
10.1 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
10.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 (as amended or replaced from time to time). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
10.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or downloading of any material posted on it (or on any website linked to our Site).

11. Linking to our Site
11.1 You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
11.2 You must not establish a link from any website that is not owned by you.
11.3 Our Site must not be framed on any other website. We reserve the right to withdraw linking permission without notice.

12. Links from our Site
12.1 Where our 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 contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
12.2 When you access any such websites belonging to other companies or persons you will become subject to the terms, conditions and policies which apply to those websites or domains. It is your responsibility to ensure that you are familiar with and willing to accept them.

13. Termination
We reserve the right, in our sole discretion, to suspend or terminate your use of the Site at any time without notice. Your account may be suspended or closed if we consider, in our sole discretion, that you have at any time brought us or our Site into disrepute or are in breach of these Terms or any of the policies referred to in these Terms.

14. Cookies
Cookies are text files containing small amounts of information, which your computer or mobile device downloads when you visit a website. We use cookies on the Site, although you have a choice as to whether to allow the use of some of these cookies. Please see our cookies policy for further details.

15. Internet communications
We reserve the right to monitor all internet communications, including web and email traffic into and out of our domains for the purposes of security, ensuring compliance with these Terms, and detecting fraud and other crimes.

16. Assignation
You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations hereunder without our prior written consent.

17. Trade marks
“space 2 consumer” is a UK registered trade mark of Spelfie Ltd (our wholly owned subsidiary)
www.space2consumer.com is a trade mark of Space Aye
www.spaceaye.com is a trade mark of Space Aye
“Space Aye” is a UK registered trade mark of Space Aye Ltd
“Spelfie” is a UK and US registered trade mark of Spelfie Ltd
The circling satellite logo is a UK registered trade mark of Spelfie Ltd

18. Variations
We may revise these Terms (or any of the policies or notices referred to herein) at any time by amending this page (or the relevant policies/notices linked to this page) or informing you by email. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Site.

19. Validity
If any of these Terms (or part thereof) is declared to be unlawful, invalid, void or for any reason unenforceable, this will have no effect on the validity and enforceability of the remaining provisions (and parts thereof) of these Terms and shall be replaced by an enforceable provision which reflects the closest position to that intended by the unlawful, invalid, void or unenforceable provision.

20. Your concerns
If you have any concerns about material which appears on our Site, please contact info@spaceaye.com.
21. Jurisdiction and applicable law
21.1 These Terms are governed by Scots law.
21.2 Any dispute or claim will be subject to the exclusive jurisdiction of the Scottish courts. Notwithstanding the foregoing, if you are a consumer (as defined in the Consumer Rights Act 2015) then:
21.2.1 if you live in England you can bring legal proceedings in either the Scottish or English courts;
21.2.2 if you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the Scottish courts;
21.2.3 if you live in the European Union (“EU”) or the European Free Trade Area (“EFTA”) then you can only raise a claim in the Scottish courts unless the United Kingdom becomes a signatory to the Lugano Convention or otherwise which provides that, notwithstanding any jurisdiction provisions in an agreement with a consumer, a consumer in the EU and EFTA may raise a claim in the state in which they live; and
21.2.4 if you live elsewhere or in all other circumstances then any dispute or claim will be subject to the exclusive jurisdiction of the Scottish courts.

Updated: September 2023