Introduction

The following terms and conditions govern all use of the eyup.com website and all content, services and products available at or through our website. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. 

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use our website. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using our website.

Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

User representations

By using our website, you represent and warrant that:

(1) your use of our website will be in strict accordance with the EyUp Privacy Policy, with these terms and conditions and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside);

(2) you will not use our website for any illegal or unauthorised purpose;

(3) your use of our website will not infringe or misappropriate the intellectual property rights of any third party;

(4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use our website;

(5) you will not access our website through automated or non-human means, whether through a bot, script, or otherwise.

Trademark and copyright

EyUp is the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.

Images included within our website use models and are for illustrative purposes only. They are either the property of, or used with permission by, EyUp. Any unauthorised use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

These terms and conditions do not transfer from EyUp to you any EyUp or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with EyUp. Trademarks, service marks, graphics and logos used in connection with eyup.com are trademarks or registered trademarks of EyUp. Other trademarks, service marks, graphics and logos used in connection with our website may be the trademarks of other third parties. Your use of our website grants you no right or license to reproduce or otherwise use any EyUp or third-party trademarks.

EyUp will terminate a user’s access to and use of our website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of EyUp or others. In the case of such termination, EyUp will have no obligation to provide a refund of any amounts previously paid to EyUp.

Copyright infringement

As EyUp asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by eyup.com violates your copyright, you are encouraged to notify EyUp. EyUp will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Content posted on other websites

We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which eyup.com links, and that link to eyup.com. EyUp does not have any control over these websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, EyUp does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. EyUp disclaims any responsibility for any harm resulting from your use of other websites and webpages.

Termination

EyUp may terminate your access to all or any part of our website at any time, with or without cause, with or without notice, effective immediately. EyUp can terminate our website immediately as part of a general shut down of our service. All provisions of these terms and conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of warranties

Our website is provided “as is”. EyUp and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither EyUp nor its suppliers and licensors, makes any warranty that our website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our website at your own discretion and risk.

Limitation of liability

In no event will EyUp, or its suppliers or licensors, be liable with respect to any subject matter of these terms and conditions under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to EyUp under these terms and conditions during the twelve (12) month period prior to the cause of action. EyUp shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless EyUp, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our website, including but not limited to your violation of these terms and conditions.

Changes

EyUp reserves the right, at its sole discretion, to modify or replace any part of these terms and conditions. It is your responsibility to check these terms and conditions periodically for changes. Your continued use of or access to our website following the posting of any changes to these terms and conditions constitutes acceptance of those changes. EyUp may also, in the future, offer new services and/or features through our website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these terms and conditions.

Comments or complaints

Please contact us:

• if you wish to make a comment or complaint regarding the site itself, any content present on the site and/or the conduct of anyone using the site;
• if you believe that any work created/owned by you has been copied and is accessible on our site or any of the services offered through our sites, in a way that constitutes copyright infringement;
• for any additional questions related to these terms and conditions and/or our site in general.

Our details

This website is owned and operated by EyUp.

Our principal place of business is at Castle House, Angel Street, Sheffield, S3 8LN.

You can contact us by writing to the business address given above or by using our website contact form.

Privacy Policy

This privacy policy will explain how EyUp uses the personal data we collect from you when you use our website.

What data do we collect?

There are a number of ways in which you may explicitly and intentionally provide EyUp with consent to the collection of certain personal information.

EyUp will only collect and process data about you in the following circumstances:

• When you sign up to our mailing list or fill in our contact form to request information, EyUp will require your name and email address.
• When you contact EyUp to make requests or report faults, EyUp may keep a record of our correspondence.
• Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data.
• EyUp may collect information about your computer, including where available, your IP address, operating system and browser type. This is statistical data about our users’ browsing actions and patterns and is collected for system administration purposes and is not personalised to you. 

EyUp does not provide, sell or otherwise disclose personal information we hold about you to third parties without your express permission or where we are under duty to do so by applicable law.

How do we keep your data secure?

EyUp is committed to ensuring that your information is secure. We have a number of security measures in place to protect against the loss, misuse and alteration of any personal information we receive from you via our website.

We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this policy. Unfortunately, the transmission of information via the internet can never be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to EyUp, and you do so at your own risk. Once we receive information, we make our best effort to ensure its security on our systems. Once we have received your information, we will use strict internal procedures and security measures to try to prevent unauthorised access.

What are your data protection rights?

EyUp would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

• The right to access – You have the right to request EyUp for copies of your personal data. We may charge you a small fee for this service.

• The right to rectification – You have the right to request that EyUp correct any information you believe is inaccurate. You also have the right to request EyUp to complete the information you believe is incomplete.
• The right to erasure – You have the right to request that EyUp erase your personal data, under certain conditions.
• The right to restrict processing – You have the right to request that EyUp restrict the processing of your personal data, under certain conditions.
• The right to object to processing – You have the right to object to EyUp’s processing of your personal data, under certain conditions.
• The right to data portability – You have the right to request that EyUp transfer the data that we have collected to another organisation, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you.

Marketing

If you have signed up to our mailing list, EyUp will send you information about our relevant products and services.

If you wish to stop receiving marketing communications from EyUp by email you have the option to unsubscribe at any time.

You can change your marketing preferences at any time by contacting us using our website contact form.

Cookies

Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our website, we may collect information from you automatically through cookies or similar technology

For further information, visit allaboutcookies.org.

How to manage cookies

You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.

Privacy policies of other websites

The EyUp website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

Changes to our privacy policy

We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you are happy with any changes to this policy. We may notify you of changes to this policy.

How to contact us

If you have any questions about EyUp’s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us:

• You can write to us at Castle House, Angel Street, Sheffield, S3 8LN
• You can use our website contact form.

How to contact the appropriate authority

You have the right to lodge a complaint if you believe that EyUp has not complied with your data protection rights. You can complain to the Information Commissioner’s office through their website, www.ico.org.uk, or via their telephone helpline.