Terms of Use

These are the terms of use for the website www.thetulip.com (Site). The Site is operated by or on behalf of 20 Bury Street Properties (Luxembourg) S.a.r.l, (we, us and our). We are a limited company, registered in Luxembourg. Our registered company number is B228060, and our registered office is at of 17-21 boulevard Joseph II, L-1840 Luxembourg, Grand Duchy of Luxembourg.

Your use of the Site will be subject to these terms and by using the Site you agree to be bound by them. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.

We reserve the right to change these terms from time to time by changing them on the Site. These terms were last updated on 07 October 2020.

Access to the site

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.

The Site is intended for use only by persons who are at least 16 years of age. By using the Site, you confirm to us that you meet this requirement and that, if you are under the age of 16, you have received permission from your parent or guardian before using the Site.

What you are allowed to do

You may only use the Site for commercial and non-commercial use and only in accordance with these terms.

You may link to our home page (no other part of the Site), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not link to our Site on any website which is not owned by you. Our Site must not be framed on any other website. You must not create any link which suggests any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms, you are not allowed to:

‘scrape’ content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; or
create links to the Site from any other website, without our prior written consent , although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.

Intellectual property rights

All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Site content

We may change the format, features and content of the Site from time to time. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.

Whilst we try to make sure all information contained on the Site is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except as to the extent provided in any relevant agreement we have with you or your company we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

External Links

Our Site and these Terms of Use may, from time to time, contain links to external websites. Such links should not be interpreted as approval by us of any such external websites or their content. We are not responsible for the content or the privacy policies of such websites.

General

Nothing in these terms shall limit or exclude our liability to you:

for death or personal injury caused by our negligence (including negligence of our employees, agents or subcontractors);
for fraud or fraudulent misrepresentation;
for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
for any other liability that, by law, may not be limited or excluded.

Subject to this,

if you are a consumer, you agree not to use our Site for any commercial or business purposes, and in no event shall we be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
if you are a business user,
we exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
in no event shall we be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Site; or
use of or reliance on any content displayed on our Site.
in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, sales, business, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.

These terms shall be governed by English law, except that (if you are a consumer and not a business user) and if you live in a Scotland, Northern Ireland, or a country of the European Union, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these terms or the Site will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in Scotland, Northern Ireland, or a country of the European Union, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

Contacting Us

Please submit any questions you have about these terms or any problems concerning the Site by email to: media@thetulip.com

or write to us at:

FAO: The Tulip Media
20 Bury Street (Luxembourg) S.a.r.l
17-21 boulevard Joseph II,
L-1840 Luxembourg,
Grand Duchy of Luxembourg