Terms of Use

1. Acceptance of the Terms of Use

By accessing or using or registering or placing an order on our Website in any way or clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

i. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.

ii. You are of sound mind and at least of such minimum legal age as per the jurisdiction in which you reside, in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the State that you reside in, then you must have the permission of your lawful guardian to use and access or make purchases with us.

iii. We must not have previously disabled your account for violation of law or any of our policies.

 

2. Accounts, Passwords and Security

a) Social Media Signup:

You also have an option of signing up using social media accounts, such as Google and Facebook. In case, you chose to sign up using any of the social media account, you will be re-directed to the website of such social media account, and therefore, in addition to these Terms and our Privacy Policy, you will also be subject to the terms and privacy policy of such social media website, which we suggest you to read through.

b) Security:

You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.

d) Inaccurate Information:

If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account and refuse current or future use of any or all of the Services.


3. Use of the Site

i. Allowed uses:

a) Business Use:

User must not use the Platform and its products for their commercial use and the same shall be used by the user only for their personal purposes.

b) Directions of Use:

You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site.

c) Information:

Whenever prompted, you must provide us with the correct, accurate and updated information, including but not limited to your name, billing details, shipping details, email, contact number etc.

d) Material:

For the purposes of these Terms, “material” shall mean any text, video, graphics and sound material, published on the Website, whether a copyright of Andy Clayburn, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website. You must not reproduce any part of the Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.

ii. Restricted uses:

a) You can’t impersonate others or provide inaccurate information.

b) You can’t raise or comment or write review on any political, racist or such other issue which effect’s a person, community or society.

c) You shall not make any defamatory or denigrating statement(s) about Andy Clayburn, or our brand name or domain name used by us, or otherwise act in any manner that might tarnish the reputation or standing of Andy Clayburn or its users on the Platform or otherwise tarnish or dilute any of Andy Clayburn’s trademarks, service marks, trading name, or the goodwill associated with them.

d) You must not misuse or interfere with our services or Website or try to access them using a method other than the interface and the instructions that we provide. You may use the platform only as permitted by law and as per the directions provided by us. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.

e) You must not:
     • republish material from the Website;
     • sell, rent or sub-license material from the Website;
     • show any material from the Website in public without our consent;
     • edit or otherwise modify any material on the Website (other than editing your own information as per the  
       method  provided);
     • reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or
     • redistribute material from the Website, except for content specifically and expressly made available for 
       redistribution with our written consent and according to our terms;
     • infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third
       party;
     • We reserve the right to restrict your access to any areas of our Website, or indeed our whole Website, at our
       discretion.
f) You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

g) You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

h) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.

In case of your violation or non-compliance of any of the terms mentioned in this Terms of Use, we reserve the right to suspend or terminate your account or your access to the our Platform, at our sole discretion.

 

4. Writing a Review or leaving a Feedback

You may be able to rate our products, share your experience and provide a feedback or review for such products delivered or used or consumed by you. In such case, you shall provide your honest and true feedback and opinion. You agree not to post anything or perform any act that is deemed to be abusive, derogatory, political, immoral, unlawful, inappropriate, objectionable, or that infringes on any third-party rights.

 

5. Ownership Rights

a) Andy Clayburn Management Rights:

This Website, music, videos, pictures its content and Products shall remain the sole property of Andy Clayburn Management. Your use of or access to this Website shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website or any content published by us or our licensors or third parties. This Website and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant IP laws, rules and regulations of the U.S. Trademarks, trade names and designs appearing on this Website are the exclusive property of, or are licensed to the Andy Clayburn Management and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website may be made without the prior written permission of Andy Clayburn Management

b) Content published by You:

i) Rights:

The feedback/review that you write or share may be protected by intellectual property laws. You own the intellectual property rights in any such feedback that you share on the Website. Nothing in these Terms takes away the rights you have to your own feedback. You are free to share your feedback (except defamatory one) with anyone else, wherever you want.

ii) License:

However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this content/feedback of yours. This is solely for the purposes of providing and improving our Services.

iii) Nature of License:

Specifically, when you share a feedback that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, copy, publicly perform or display, and translate your content. However, we do not have any responsibility to use or display any part of your feedback on any part of the Website. We retain the right to display the same at our own discretion. For example, if we find it defamatory, misleading or false, we might not display the same.

iv) Deleting Feedback or Account:

You can delete your feedback or your account from our Website at any time.

6. Privacy

In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Website.

7. Links to Third-party Sites

The Website might contain links to third-party websites, products and services. For example, the Website works with third party payment service providers to provide you the most convenient payment options. Such Third-Party Links are not under the control of Andy Clayburn Management, and Andy Clayburn Management s not responsible for any such third-party links. Andy Clayburn Management provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You shall use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party website, and you get out of the jurisdiction of our Website. Therefore, you shall be governed by the terms of use, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, Andy Clayburn Management shall not be responsible.

8. Orders, Payments and Taxes

At the moment please send us a message go get a CD or T-Shirt.
Shop Coming Soon: All orders are subject to acceptance and availability and you agree to pay for your order, and for the products that you purchase on our Platform, and you authorize us to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to borne all the applicable taxes and duties (wherever applicable; unless expressly otherwise by us), including but not limited to, sales tax, import duty and other charges. Please check out our Return & Refund Policy to understand the terms specific to the same.

9. Refunds and Exchange

We allow refunds and exchange in certain situations. For this, please refer to our refunds and exchange policy provided in Return & Refund Policy, to understand when and how we process the returns and refunds.

10. Disclaimer

THE PLATFORM, THE SERVICES, THE MATERIALS, AND ALL OTHER CONTENT ON THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Andy Clayburn Management DISCLAIMS, WITH RESPECT TO THE SERVICES, THE PLATFORM, THE MATERIALS AND ALL OTHER CONTENT ON THE PLATFORM, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Andy Clayburn Management DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, THE SERVICES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE PLATFORM WILL BE SECURE, UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR OTHER CONTENT ON THE PLATFORM ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. Andy Clayburn Management DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR ANY OTHER CONTENT ON THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE SAFETY, QUALITY, AND/OR TIMING OF A DELIVERY ORDERED ON THE PLATFORM, AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. YOU (AND NOT JAndy Clayburn Management) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR OTHER CONTENT ON THE PLATFORM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

Andy Clayburn Management SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Andy Clayburn Management’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Andy Clayburn Management IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Andy Clayburn Management RELIES UPON RESTAURANTS AND OTHER THIRD-PARTY FOOD AND BEVERAGE PROVIDERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. Andy Clayburn Management DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL Andy Clayburn Management BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF Andy Clayburn Management HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER ACTION OF ANY TYPE THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE SERVICES PROVIDED ON OR THROUGH THE PLATFORM OR BY Andy Clayburn Management.

Andy Clayburn Management ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE PLATFORM. Andy Clayburn Management ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE PLATFORM, AS WELL AS ANY THIRD-PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS PLATFORM, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

IN NO EVENT SHALL Andy Clayburn Management’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, NEGLIGENCE, TORT OR ANY OTHER ACTION OF ANY TYPE EXCEED (A) THE AMOUNT PAID BY YOU TO Andy Clayburn Management OR A Andy Clayburn Management RESTAURANT, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW.

YOU AND Andy Clayburn Management AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND Andy Clayburn Management AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES, WHICH YOU MAY DO AT ANY TIME.

12. Indemnity

You acknowledge to defend, indemnify and hold Andy Clayburn Management, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
a) Your violation of any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights, including content the user distributes through the services;

b) Your wrongful or improper use of our Product, services, Site;

c) Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our Services;

d) Your violation of these Terms or any other policy of Company as associated with our services;

e) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.

 

13. Digital Millennium Copyright Act (”DMCA”) Notice

a) DMCA Compliance:

Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that you believe to be residing on the Site, system or network should be promptly sent in the form of written notice to our designated agent:

Designated Agent (the “DMCA Agent”) for DMCA Notices:-
TMdesign tm@mackelsdesign.com

Note: You may not send other notices or communications to the DMCA Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.

b) Filing a DMCA Notice:

Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:

     • Signature of copyright owner or person authorized to act on behalf of the owner;
     • Identification of copyrighted work claimed to be infringed;
     • Identification of the material claimed to be infringing or to be the subject of infringing activity and information
       reasonably sufficient to permit the service provider to locate the material;
     • Information reasonably sufficient to permit the service provider to contact the complaining party (address,
       phone number and, if available, email address);
     • A statement that the complaining party has a good faith belief that use of the material in the manner
       complained is not authorized by the copyright owner, its agent, or the law; and
     • A statement that the information in the notification is accurate, and under penalty of perjury, that the
       complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

It is our policy that, upon receiving of a valid DMCA notice, we will remove or disable access to allegedly infringing material. However, there are substantial penalties for false claims (see 17 U.S.C. § 512(f) – providing sanctions for material misrepresentations of copyright infringement).

c) Filing a DMCA Counter-Notification:

If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to our DMCA Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)).

A valid counter-notification must be a written communication that includes all of the following elements:
     • A physical or electronic signature;
     • Identification of the material that has been removed or to which access has been disabled and the location at
       which the material appeared before it was removed or access to it was disabled;
     • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled
       as a result of mistake or misidentification; and
     • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal
       district court for the judicial district in which your address is located, or if your address is outside of the U.S., for
        any judicial district in which the service provider may be found, and that you will accept service of process from
       the complainant.

Upon receipt of a valid counter-notification, we will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten days to notify us that it has filed a lawsuit relating to the allegedly infringing material otherwise we will restore the removed material or cease disabling access to it.

d) Repeat Infringer Policy:

Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances.

14. Notices

When you use the Website or send emails to Andy Clayburn Management, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. Andy Clayburn Management will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If You want to give a notice to us, you can do so by dropping an electronic mail to tanja@andy-clayburn.com

15. Miscellaneous

i. Severability:

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.

ii. Waiver:

Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Andy Clayburn Management  and you or any other party be deemed to modify any provision of these Terms.

iii. Survival:

Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Use, for any reason whatsoever.

iv. No Third-Party Beneficiaries:

Except as otherwise expressly provided in these Terms of Use or Return & Refund Policy or Shipment Policy or Privacy Policy statement, there shall be no third-party beneficiaries.

v. No Assignment:

You may not assign these Terms of Use or Return & Refund Policy or Shipment Policy or Privacy Policy (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Andy Clayburn Management, which may be withheld at Andy Clayburn Management’s sole discretion. Any attempted assignment that does not comply with these Terms shall be null and void.

vi. Entire Agreement:

The Terms of Use or Privacy Policy together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Andy Clayburn Management and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website.

viii. Updates to these Terms:

 

We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.

 

16. Designated Representative

In the event you have any grievance regarding anything related to these Terms of Use or Privacy Policy or with any content or service or product of Andy Clayburn Management, in that case you may freely write your concerns to the Designated Officer through your registered email to tanja@andy-clayburn.com

17. Feedback and Information

We welcome your questions or comments regarding the Terms. You can write to us via email:
tanja@
andy-clayburn.com

Last updated on Jan 27th, 2022.