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Terms and Conditions
For succinctness, the key Terms & Conditions (T&Cs) are summarised below. That said, please read the entirety of the T&Cs, as they govern your use of this site.
1 There is no cost associated with creating an account on Be a Local Hero as a business owner or a customer.
2 When a voucher is purchased, the contract is between the customer and the business.
2a Please read any specific T&Cs stipulated by the business. In the case of conflicting T&Cs between Be a Local Hero and the business, the business’s T&Cs will take precedent
2b If a business fails to re-open, Be a Local Hero will be unable to replace the voucher or offer a refund. Please only purchase a voucher if you are comfortable accepting this risk
3 Be a Local Hero does not take any commission on the purchase of vouchers. However, Stripe takes a small commission for processing the payment, which is paid by the business.
4 During the verification process we ask the business owner to provide an image of their ID. However, we cannot make any guarantee that they are they genuine business owner
Our full T&Cs are listed below:
A – Introduction
1.1 Welcome to bealocalhero.co.uk. The bealocalhero.co.uk website and the services provided through it (collectively, “Bealocalhero.co.uk”) are operated and owned by BE A LOCAL HERO LTD (“we”, “us” or “our” as appropriate). For further information about us and our contact details, please visit the About Us page and see paragraph 11 of Section D, Contact us below.
1.2 We may make BE A LOCAL HERO LTD available through a number of channels. It is currently available through the website located at bealocalhero.co.uk.
1.3 To make these Terms quicker to read, we use a few key definitions: we refer to local independent businesses that are selling vouchers as “Business Owners” and Community Members that purchase vouchers as “Supporters”. All visitors who interact with the site are referred to as “Community Members”, “Users” or “you”, as applicable.
1.4 We provide a platform for business owners registered with bealocalhero.co.uk (“Business Owners”) to sell vouchers to their Supporters. The platform also provides them with an opportunity to reach out to the local community by promoting their business on the platform and on certain social media sites to friends, family and other supporters. For specific information on the voucher Terms and Conditions please see Paragraph 1.3 in Section B.
1.6 Please read these Terms carefully before you start to use bealcoalhero.co.uk, as they will govern your use of bealcoalhero.co.uk, the vouchers that you sell as a Business Owner and the purchases you make as a Supporter, as well as the content you post as a Community Member. We recommend that you print or save a copy of these Terms for future reference.
1.7 By using bealocalhero.co.uk, you confirm that you accept these Terms and that you agree to comply with them. If you are using bealocalhero.co.uk in connection with your organisation, the terms ‘you’, ‘your’ or ‘your organisation’ in these Terms are also a reference to the business, charity institution or other organisation or entity (“Business”) on whose behalf you act when using, registering, selling or purchasing items on Bealocalhero.co.uk. If you do not want to be bound (or your Business to be bound, where applicable) by these Terms please do not access, use and/or contribute any content to Bealocalhero.co.uk or interact with its Community Members.
1.8 If you have any queries or concerns regarding these Terms, please contact us using the details in paragraph 11 of Section D, Contact us below.
- Accessing and using Bealocalhero.co.uk
2.1 Anyone can access Bealocalhero.co.uk. However, to sell vouchers and become a Business Owner or to purchase vouchers as a Supporter you will need to register as a Community Member by signing up and creating an account. For that purpose, you must be at least 18 years of age or, if higher, the legal age in your jurisdiction and there must be no reason why you should not be in contact with any other Community Members. To create an account, please go to the Register page.
2.2 You are not eligible to use Bealocalhero.co.uk if we have temporarily suspended or previously terminated your access to the website and we have not expressly authorised you in writing to resume using Bealocalhero.co.uk.
2.3 We try to make Bealocalhero.co.uk available at all times, but, of course, we cannot guarantee this.
- Account registration
4.1 You can sign up and create your account on the Sign Up page. You can also use the link on that page to create an account with Bealocalhero.co.uk. When you register you will be asked to confirm your acceptance to these Terms.
4.2 You must make sure that all the information you provide when you register with Bealocalhero.co.uk is true, accurate and current and complete.
4.3 If you change any of your registration details (e.g. email address, postal address), you must update your account.
4.4 Your account is for your personal use only. To help us maintain the security of Bealocalhero.co.uk, you must keep your login details confidential. Please do not share your login details with any other person or leave your device unattended whilst logged into Bealocalhero.co.uk as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so. If you become aware of any misuse or unauthorised use of your login details, then you must inform us immediately by sending an email to us
4.5 In the event that you have, or we have reason to believe that you have breached, or will breach these Terms, we may terminate or suspend your registration and/or access to Bealocalhero.co.uk and/or to any content made available on Bealocalhero.co.uk.
4.6 You can request deletion of your account at any time as long as you are not a business owner with outstanding voucher commitments or open order requests. Please email us to request deletion of your account.
4.7 We reserve the right to delete your account. Any personal data or other information associated with your use of Bealocalhero.co.uk will be held securely and in accordance with the UK Data Protection Act 1998.
- Selling & purchasing vouchers.
This section sets out the terms that apply to the vouchers that are sold on bealocalhero.co.uk
- Our role
1.1 What we do
1.1.1 We provide an ‘online meeting place’ and platform through which Business Owners can sell vouchers whilst they are closed due to the COVID19 lockdown period in the UK. These vouchers can be redeemed by the supporters, directly with the business, when the lockdown is over.
1.1.2 Although we may feature certain businesses or help to raise awareness of them within the community, we will not be involved in their management of or use of monies received.
1.1.3 As we do not receive commission from any sales, we have donation capability on the BE A LOCAL HERO store. This provides a mechanism for Community Members to donate to bealocalhero.co.uk and support the work that we are doing.
1.2 What we don’t do
1.2.1 Other than as mentioned above, we do not have any involvement in any arrangements Community Members make with each other through Bealocalhero.co.uk. We therefore do not accept any responsibility for the business owner not honouring the redemption of the voucher, nor do we promise that any Community Member, whether business owner or supporter, will do as they promise. The arrangements you make are solely private and the contracts relating to vouchers are made directly between the individual parties concerned. Accordingly, when using Bealocalhero.co.uk, you take full responsibility for your arrangements with other Community Members whom you contact and the nature, terms and extent of your arrangements with them and obligations to them.
1.2.2 When a business owner registers their business, they must verify their identity by providing an image of their identity document. That said, we cannot verify that information they provide about their business or themselves to be true. We cannot therefore give any guarantee that any of the Community Members are who they say they are or that the information they provide is accurate, complete or true. Consequently, we make no recommendation or representations in relation to any Community Members.
1.3.1 Vouchers distributed by email supplied by bealocalhero.co.uk are not intended for resale
1.3.2 Vouchers supplied by bealocalhero.co.uk cannot be exchanged for cash. Each Business Owner operates its own policy on partial redemption. In some circumstances change, typically if under £1, will be given in cash. In some instances no change will be given. Vouchers or Cards which are defaced, altered or cancelled will not be accepted in shops
1.3.3 Bealocalhero.co.uk reserves the right to change the range of Vouchers that we offer at any time, without prior notification. bealocalhero.co.uk takes no responsibility for changes to the stores accepting each Voucher, and for any changes to the Terms and Conditions relating to each individual Voucher.
1.3.4 Supporters should refer to the Business Owner store and voucher description for any business specific terms and conditions. These specific terms and conditions will take priority over the bealocalhro.co.uk general terms and conditions
1.3.5 Most Vouchers will expire in 365 days, or 6 months after the lockdown ends, whichever is longest. This does not apply to all Vouchers and bealocalhero.co.uk takes no responsibility to changes to the Terms and Conditions of individual Voucher issuers. We recommend that Supporters contact the Business Owners directly for any queries relating to the voucher expiry date
1.3.6 bealocalhero.co.uk does not operate a Sales & Return Policy.
1.3.7 Risk and title will pass to the customer upon delivery. bealocalhero.co.uk can take no liability for any lost, stolen or damaged Vouchers once responsibility of ownership has passed to the customer at time of delivery. bealocalhero.co.uk are not directly linked to any business owners whose products are listed in our range. In the event that any one such company be placed in either administration or receivership there is no obligation on bealocalhero.co.uk to replace or exchange any previously issued, unspent vouchers
- Business owners
2.1 Selling vouchers
2.1.1 Once you have registered as a business owner, we will provide you with a unique voucher product. You have the ability to specify 4 voucher denominations and state your own redemption Terms and Conditions. You can also create and post details of your business to a publicly accessible web page on Bealocalhero.co.uk (“Project Profile Page”) using the functionality we provide.
2.1.2 You may post content and business updates to keep supporters updated on the performance of your business. Please see further paragraph 1 of Section C, About the content you and others provide to Bealocalhero.co.uk, for the rules relating to the content you post on Bealocalhero.co.uk.
2.1.3 We reserve the right, but are not obliged, to attempt to verify your identity and other information you provide to us and to reject, cancel, interrupt, remove, or suspend your account at any time and for any reason. In particular, Business owners that are flagged to us as fraudulent by Supporters or our third-party payment providers will be subject to review. If, in our sole discretion, we determine your business to be a high fraud risk we may also ask you for more information and you agree to respond to such requests and provide such information within a reasonable time. We or our payment providers may also perform an examination before any funds are distributed to you. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions in this paragraph 2.1.3. We reserve the right to pass on the cost of chargebacks to you.
2.2 Fees payable by Business Owners and receiving funds
2.2.1 There is no charge for becoming a business owner and publishing details of your business on Bealocalhero.co.uk nor do we charge a platform fee for the sale of vouchers
All voucher sales through bealocalhero.co.uk will be subject to a Transaction fee, at a rate set by Stripe Payments Europe Ltd. Please visit the Stripe website for more information. At the time of writing, these are:
For purchases made on EU cards a fee of 1.4% + £0.20
For purchases made on non-EU cards a fee of 2.9% + £0.20
2.2.2 All monies received by Business Owners are subject to Value Added Tax (“VAT”) at the rate in force from time to time (currently 20%). You are solely responsible for ensuring that you are registered for VAT or similar sales tax as required by the applicable laws of the jurisdiction in which your Business is established.
2.3 Business Owners’ Obligations
2.3.1 As a Business Owner, you shall:
(a) allow Supporters to cash in their vouchers when your recommence trading, within a timely manner;
(b) promptly and accurately respond in full and to our satisfaction to all queries, clarifications or requests made by us and/or any Supporter;
(d) promptly contact and work with Supporters to reach a mutually satisfactory resolution, which may include refunding their vouchers if you are unable to fulfil any of your commitments;
(e) comply with all applicable laws and regulations in relation to the redemption of your vouchers;
- f) be responsible for collecting and remitting all applicable taxes (including income tax and VAT or similar taxes) connected with your use of Bealocalhero.co.uk.
- 3. Supporters
3.1 Purchasing a voucher.
3.1.1 Once you have registered as a Supporter, you can purchase a voucher by visiting the Project Profile Page of a business, selecting the denomination you wish to purchase, selecting your payment method and submitting payment.
3.1.2 Your will be able to leave a comment or review on the business’s profile page
3.1.3 You acknowledge that BE A LOCAL HERO holds no responsibility for the redemption of the voucher amount and this contract is between you and the business owner. Please see Paragraph 1.3 in this Section B for more further information on vouchers
3.2 Payment methods
3.2.2 When paying using BE A LOCAL HERO Payments the payment is transferred to the business when the order is marked as complete. We are not responsible for distributing funds to Business Owners
3.3 Fees payable by Supporters
3.3.1 If you choose to pay using BE A LOCAL HERO Payments, then no processing fees are payable in addition to your purchase amount.
3.4 Cancelling a Purchase and Refunds
3.4.1 You may not cancel your order once a voucher order has been completed. This does not affect your statutory or legal rights. Advice about these rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Please see further paragraph 4.1 of this Section B, The contract between Business owners and Supporters.
3.5 Supporters’ Obligations
3.5.1 As a supporter, you shall:
(a) comply with the terms and conditions for the payment processing services provided by our third party payment providers (please see paragraph 3.4 in this Section B, Payment Methods, for further details regarding those providers and the applicable terms and conditions); and
(b) ensure that any funds used to make Purchases will not result in a breach of applicable law.
- 4. Other important terms
4.1 The contract between Business owners and Supporters
4.1.1 The contract relating to the voucher purchase and the fulfilment of Rewards is made solely between a Business owner and Supporters, subject always to these Terms.
4.2 Publication and sharing of personal information relating to Supporters with Business owners
- Terms that apply to all community users
- About the content you and other users provide to Bealocalhero.co.uk
1.1 The rules of the Bealocalhero.co.uk community
1.1.1 The following rules apply to your use of the community features contained on Bealocalhero.co.uk:
(a) Any content which you and other users post or contribute to Bealocalhero.co.uk using its community features (including content you upload to your Project Profile Page, reviews you make on Projects Profile Pages, internal messages and business updates) is generally known as “user generated content” or “UGC” for short. Paragraphs 1.1.2 to 1.2.1 below in this Section C set out the rules for contributing content, how we and other users may use your UGC and how you can use their UGC.
(b) Obviously we positively encourage Community Members to make full use of Bealocalhero.co.uk and in particular to participate in the Bealocalhero.co.uk community. However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the guidelines set out in these rules:
1.1.2 You agree to ensure that:
(a) you only contribute UGC to Bealocalhero.co.uk if you know that you have the necessary rights to do so. By contributing UGC to Bealocalhero.co.uk, whether text, images, video, sound recordings or other material, you are promising to us and to other users that: (i) you either own any copyright in that content or that you have obtained the necessary right(s) to make the content available through Bealocalhero.co.uk in accordance with these Terms and permit its use via Bealocalhero.co.uk and in our newsletters and that such permissions are freely available on demand by us should we require; and (ii) you will not be infringing anyone’s intellectual property or other rights or breaching any law or regulation (including data protection and privacy laws), by contributing that content and by allowing it to be used in the ways described in these Terms. If you are in doubt about whether you have permission to post your UGC, please do not upload or post it to Bealocalhero.co.uk.
(b) all information provided by you via Bealocalhero.co.uk or which you provide to other Community Members or in connection with any post is accurate, true and up to date in all respects and at all times and is not misleading in any way;
(c) all content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person as determined by us in our sole discretion;
(d) you will use Bealocalhero.co.uk and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these Terms;
(e) you will not harass or mislead or act unlawfully towards any person that you have contacted via Bealocalhero.co.uk or disclose or use any contact information that they may provide to you without their consent;
(f) you will cease to contact anyone that you have contacted via Bealocalhero.co.uk immediately if they request you to do so; and
(g) any content you upload is not in breach of any copyright or other intellectual property rights owned by a third party and, in the case of any photos or videos that identify individuals, that you have their full permission to make their image available through Bealocalhero.co.uk and to permit use of such content and image by any third parties we may authorise under these Terms.
1.1.3 You may not:
(a) distribute or post spam, in particular by sending unsolicited marketing messages to other Community Members, or distribute or post chain letters, unsolicited loans (Bealocalhero.co.uk strongly recommends that you do not make contact with members offering you unsolicited loans. Bealocalhero.co.uk cannot be liable for any losses incurred if you choose to ignore this advice) or pyramid schemes;
(b) distribute viruses or any other technologies that may harm Bealocalhero.co.uk or the interests of users of Bealocalhero.co.uk or Community Members or otherwise interfere with or disrupt our servers;
(c) post or transmit any advertisements for or solicitations of business;
(d) after receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed;
(e) except as permitted under these Terms, copy, modify, or distribute our content or trade marks from Bealocalhero.co.uk or Community Members’ copyright material and trademarks or any content or trade marks owned by a third party unless you have their explicit permission;
(f) harvest or otherwise collect or use information about Community Members without their explicit consent;
(g) impersonate another Community Member or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other Community Members;
(i) continue to use Bealocalhero.co.uk if your access to Bealocalhero.co.uk has been suspended or your account terminated;
(j) engage in any other conduct that restricts or inhibits any other persons from using or enjoying Bealocalhero.co.uk, or which, in our judgment, exposes us to any liability or detriment of any type; or
(k) upload, post or publish to the Site or otherwise provide to us any personal information about children (i.e. individuals under 18) or personal data that is ‘sensitive data’ from a legal perspective or that relates to criminal convictions or offences.
1.1.4 Please note that any posting of information or sending of internal messages on or via Bealocalhero.co.uk is the opinion of the person posting or sending only and does not necessarily reflect our opinions or attitudes.
1.2 Who can use your UGC and how they can use it
1.2.1 When you contribute UGC to Bealocalhero.co.uk:
(a) you are granting us unlimited, non-terminable and free permission (including the right to sub-licence that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. By way of example only, this will include permission to;
- make all or any part of your UGC available through Bealocalhero.co.uk to other users of Bealocalhero.co.uk;
- include certain UGC in our newsletters;
- allow any third parties authorised by us to reproduce, display, publish, communicate, perform and/or embed activity and content on their platforms, including their websites and applications; and
- allow third parties to link to pages on Bealocalhero.co.uk which contain your UGC.
(b) you are granting to every other user of Bealocalhero.co.uk unlimited, non-terminable and free permission to use all or any part of your UGC on the same terms as you are permitted to use their UGC as described in the paragraph 1 of Section D below, Our content.
1.3 Monitoring your UGC
1.3.1 We are not involved in any arrangements made between users. Any postings on Bealocalhero.co.uk and the uploading of any photos, pictures, videos, animations or other audio-visual material to Bealocalhero.co.uk by Community Members does not constitute any form of recommendation, representation, endorsement or arrangement by us. In particular we have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement or its quality or safety. Please contact BE A LOCAL HERO if you have any concerns about the content of any information seen on the website.
1.3.2 Please note that any information posted via the functionality available on Bealocalhero.co.uk is the opinion of the person posting only. If you rely on the information posted, you do so at your own risk. Although we have rules for the posting of content, it is possible that our interactive features could be susceptible to misuse. We ask all users to contact us in respect of any suspicion of misuse.
- Exchanging personal information with other users
2.1 Disclosing personal information
2.1.1 Please be careful when using Bealocalhero.co.uk and any community facilities that you do not reveal any information from which you can be personally identified by other users such as your home or work contact details, your last name or where you live except in accordance with these Terms and where you feel comfortable revealing such personal information to such persons. You should in any event only reveal such personal information via secure communications that cannot be viewed by other people.
2.2 Receiving personal information
2.2.1 If you wish to make a complaint about any issue regarding personal information please send an email to us. For more information on how we handle complaints, please see section 7 below.
- Misuse of the site
3.1 We may (but are not obliged to) monitor the use of the community facilities from time to time however we still rely on you to inform us if you spot any abuse or inappropriate behaviour, in which case we may review specific postings. If you feel you have been threatened, damaged or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through Bealocalhero.co.uk please contact us.
3.2 We reserve the right (but we are not obliged) to do any or all of the following:
- record the content (including any communications), the Bealocalhero.co.uk community or in our communication systems;
- investigate a claim that any one or more items of content do not comply with the community rules set out under paragraph 1 of this Section C, About content you and others provide to Bealocalhero.co.uk, and determine in our sole discretion to remove or request the removal of the content;
- remove without notice any content that is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
- terminate a user’s access to post content;
- monitor, edit, or disclose any content;
- edit or remove any content posted on Bealocalhero.co.uk, regardless of whether such content breaches these Terms;
- suspend or terminate your access to Bealocalhero.co.uk.
3.3 If you disagree with a decision made by us, you should email your appeal to us. You must not use the community facilities to dispute or argue about any decision we make.
3.4 Any decision we make to remove or request the removal of any content or to terminate or suspend any accounts shall be final. The termination or suspension of an account shall apply to any and all user accounts that may have been used by a user.
- Disputes between Community Members
4.1 We are under no obligation to become involved in disputes between any Community Members, or between Users and any third party arising in connection with the use of Bealocalhero.co.uk. This includes, but is not limited to, the honouring of vouchers or other commitments and services, and any other terms, conditions, warranties, or representations associated with activities on the Bealocalhero.co.uk.
4.2 We will co-operate with any law enforcement authorities in any investigations arising out of your dispute with another Community Member.
- General provisions
This section sets out the terms that apply to everyone who uses Bealocalhero.co.uk.
- Our content
1.1 All of the content on Bealocalhero.co.uk is owned by BE A LOCAL HERO Ltd
1.2 Our content includes any information or other material found on or via Bealocalhero.co.uk, including without limitation text, databases, graphics, videos, software and all other features found on or via Bealocalhero.co.uk.
1.3 We make Bealocalhero.co.uk, our content and any UGC available through Bealocalhero.co.uk for your personal, non-commercial use only (please see paragraph 1 of Section C, About the content you and others provide to Bealocalhero.co.uk for further details about the UGC that we make available through Bealocalhero.co.uk). You may view Bealocalhero.co.uk’s pages and content online and print a copy of these Terms for your records. You may not otherwise reproduce, modify, copy or distribute or use any of the content on Bealocalhero.co.uk without our prior written consent.
1.4 To be clear, you are not in any circumstances permitted to:
1.4.1 make commercial use of any such content except in the case of your own UGC which you may use for the purposes of providing information in connection with your Project on the Project Profile Page and/or your Business (if applicable);
1.4.2 edit any such content; or
1.4.3 remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
1.5 The trade marks, logos and brands appearing on Bealocalhero.co.uk are owned by us or our licensors. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the holder’s rights.
- Third-party software
2.1 You acknowledge that you may need to download and activate certain software in order to use certain content available on Bealocalhero.co.uk. This software will be clearly identified on Bealocalhero.co.uk.
2.2 In order to use such third-party software or technology, you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
3.1 You acknowledge that Bealocalhero.co.uk may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
3.2 We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.
3.3 If you decide to access any of these third-party websites, you do so entirely at your own risk.
3.5 You may only link to Bealocalhero.co.uk provided that:
3.5.1 the homepage is not loaded into frames on your website, unless we expressly agree; and
3.5.2 your site or services does not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values;
3.5.3 We reserve the right to withdraw linking permission to any time without prior notice.
- Promises, liability and disclaimer
4.1 We promise that we will operate Bealocalhero.co.uk with reasonable skill and care. Otherwise, the content and services available on Bealocalhero.co.uk are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permissible under applicable law and subject to this paragraph 4.1 and paragraph 4.3 of this Section D, we disclaim any and all promises, warranties, conditions, or representations relating to Bealocalhero.co.uk and its content, whether express, implied, oral or written. In particular:
4.1.1 We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on Bealocalhero.co.uk and you should not rely on it being accurate, truthful or complete.
4.1.2 We are not responsible for verifying the ownership of any content posted or uploaded onto Bealocalhero.co.uk.
4.1.3 Any posting of comments or information on Bealocalhero.co.uk is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor constitutes any form of recommendation, representation, endorsement or arrangement by us. To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way.
4.1.4 We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the BE A LOCAL HERO Payments and Stripe online payment processing services.
4.1.5 You agree that your access and use of Bealocalhero.co.uk and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on Bealocalhero.co.uk is used. The content and information that we make available on Bealocalhero.co.uk is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on Bealocalhero.co.uk or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on Bealocalhero.co.uk.
4.1.6 By using Bealocalhero.co.uk you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of Bealocalhero.co.uk, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:
- a) We do not make any promises about the availability or accessibility of Bealocalhero.co.uk or promise that your access to Bealocalhero.co.uk, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;
- b) We are not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on Bealocalhero.co.uk. It is your responsibility to make backup copies of any of the content you post, upload or publish on Bealocalhero.co.uk and we strongly recommend that you do so;
- c) We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, Bealocalhero.co.uk or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of Bealocalhero.co.uk is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content;
- d) Whilst we hope that you will find the websites linked to on Bealocalhero.co.uk of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them.
4.2 If you are dealing with us and Business owners as a Community Member, you have certain rights, including in relation to the vouchers that you receive from Business owners. Nothing in these Terms will reduce these legal rights. For further information about your legal rights, please contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
4.3 There are certain liabilities which we cannot exclude by law and nothing in these Terms excludes or limits our liability for the following:
4.3.1 for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation; or
4.3.2 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude its liability.
4.4 We will not be responsible or liable if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control (as further detailed in paragraph 9.3 of this Section D).
4.5 Subject to paragraph 4.3:
4.5.1 IF YOU ARE A COMMUNITY MEMBER THEN IF EITHER WE OR YOU FAIL TO COMPLY WITH THESE TERMS, NEITHER OF US SHALL BE RESPONSIBLE FOR ANY LOSSES THAT THE OTHER SUFFERS AS A RESULT, EXCEPT FOR THOSE LOSSES WHICH ARE A FORESEEABLE CONSEQUENCE OF THE FAILURE TO COMPLY WITH THESE TERMS. LOSSES ARE FORESEEABLE WHERE THEY WERE CONTEMPLATED BY YOU AND US AT THE TIME YOU ACCEPT THESE TERMS; AND
4.5.2 IF YOU ARE A BUSINESS OWNER THEN WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THE CONTRACT FOR:
(a) ANY LOSSES RELATED TO ANY BUSINESS OF YOURS INCLUDING BUT NOT LIMITED TO LOST DATA, PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, BUSINESS INTERRUPTION OR ANY PURE ECONOMIC LOSS (IN EACH CASE, WHETHER SUCH LOSS IS DIRECT OR INDIRECT); OR
(b) ANY FORM OF INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS,
IN EACH CASE FOR (a) AND (b), HOWEVER ARISING; AND
(c) ANY DIRECT LOSS (FOR WHICH LIABILITY IS NOT EXPRESSLY EXCLUDED IN THESE TERMS) IN EXCESS OF THE TOTAL AMOUNT OF FEES WE HAVE RECEIVED IN RESPECT OF THE PROJECT TO WHICH YOUR CLAIM RELATES (WHETHER IN RESPECT OF A SINGLE EVENT, SERIES OF CONNECTED EVENTS OR OF UNCONNECTED EVENTS); OR IF NO FEES WERE PAID, IN EXCESS OF £100.
5.1 You agree only to use Bealocalhero.co.uk in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any UGC that you post to Bealocalhero.co.uk or any actions you take which disrupt access to and/or the functioning of Bealocalhero.co.uk) or any liability we incur as a result of the use of Bealocalhero.co.uk by you and any other person that uses your account with your permission or as a result of your negligence.
- Copyright complaints
6.1 We respect the intellectual property rights of others, and we prohibit users of Bealocalhero.co.uk from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
6.2 It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us using the details provided in paragraph 11 of this Section D.
6.3 Additionally, it is our policy to terminate usage rights and any applicable accounts of Community Members we determine to be repeat infringers of others’ copyrights. Please see paragraph 3.2 of Section C for further details.
6.4 Content hosted on third-party websites accessible from Bealocalhero.co.uk is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
- General complaints and requests for further information
7.1 We want to give you great customer service but sometimes things do go wrong. We can usually resolve most issues quickly, so please email us to tell us how we can help.
7.2 If you have any general complaints or wish to request further information about Bealocalhero.co.uk, please contact us via email
Any complaint made will be acknowledged within 48 hours. We deal with all promptly and fairly, seriously and will investigate the matter fully. If the complaint concerns an individual, the complaint will not be investigated by the person who the complaint relates to. We will write to you with the outcome of our investigation within 8 weeks of the complaint being received.
- Written communications
8.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using Bealocalhero.co.uk, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Bealocalhero.co.uk. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9.1 Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms (including for use of your UGC).
9.2 Entire Agreement. These Terms govern our relationship with you and represent our entire agreement with you.
9.3 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
9.4 References to ‘including’ and other similar expressions. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
9.5 Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
9.6 Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
9.7 Exclusion of third party rights. These Terms do not create any right enforceable by any person who is not a party to them or any Contract made under them, except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.
9.8 Language. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. All contracts made under these Terms will be concluded in English.
9.9 Territory. Bealocalhero.co.uk is controlled and operated from the United Kingdom. If you choose to access Bealocalhero.co.uk from outside the United Kingdom, we make no representation that the content and operation of Bealocalhero.co.uk will comply with local laws.
9.10 Governing law and jurisdiction. Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England and Wales. If a dispute arises between us out of or in connection with these Terms or any contract made under them, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us refuse to initiate the mediation procedure within 30 days of the dispute arising or if we both fail to agree terms of settlement within a further 40 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of England which will, subject to paragraph 9.11 of this Section D, have exclusive jurisdiction to deal with such dispute.
9.11 Nothing in paragraph 9.10 of this Section D shall deprive Community Members of the right to bring or defend proceedings in their home state nor of the protection afforded to them by the mandatory rules of law of the country in which they live.
- Changes to these Terms and to Bealocalhero.co.uk
10.1 We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on Bealocalhero.co.uk. Any changes will take effect seven days after the date of our email or the date on which we post the modified terms on Bealocalhero.co.uk, whichever is the earlier. If you continue to use Bealocalhero.co.uk after that period has expired, it means that you accept any such changes. For this reason, please periodically check the pages on which we post our Terms. If you do not agree to the changes, you must cease using Bealocalhero.co.uk.
10.2 We reserve the right to change, suspend or discontinue the Bealocalhero.co.uk website and/or the service we provide through it (including the availability of any feature, functionality database or content) at any time and for any reason. We may also introduce or remove limits on certain features or restrict your access to all or certain parts of Bealocalhero.co.uk without notice to you and without incurring any liability.
- Contact us
11.1 BE A LOCAL HERO Ltd is a company incorporated in England. Our registered office address is 25 Cranes Park, Surbiton, Surrey, KT58AB. Contact us via email here.
Our registered company number is 125531041.