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This agreement applies as between you, the User of this Web Site and BAKER AND
PARTNERS LIMITED, the owner(s) of this Web Site. Your agreement to comply with and be
bound by these Terms and Conditions is deemed to occur upon your first use of the Web
Site. If you do not agree to be bound by these Terms and Conditions, you should stop using
the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur
upon the relevant Material being made available to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment
Information and credentials used by Users to access
Material and / or any communications System on the
Web Site;
“Content” means any text, graphics, images, audio, video,
software, data compilations and any other form of
information capable of being stored in a computer that
appears on or forms part of this Web Site;
“Licence” means the terms and conditions governing your use of
Material purchased from this Web Site;
“Material” means Content that BAKER AND PARTNERS LIMITED
makes available for purchase by Users subject to the
terms of the appropriate Licence;
“BAKER” means BAKER AND PARTNERS LIMITED Ltd.
2nd Floor, 145-157 St.John Street, London, EC1V 4PY,
UK;
“Service” means collectively any online facilities, tools, services or
information that BAKER makes available through the
Web Site either now or in the future;
“Payment Information” means any details required for the purchase of Material
from this Web Site. This includes, but is not limited to,
credit / debit card numbers, bank account numbers and
sort codes;
“Purchase Information” means collectively any orders, invoices, confirmation
emails, receipts or similar that may be in hard copy or
electronic form;
“System” means any online communications infrastructure that
BAKER makes available through the Web Site either
now or in the future. This includes, but is not limited to,
web-based email, message boards, live chat facilities
and email links;
“User” / “Users” means any third party that accesses the Web Site and is
not employed by BAKER and acting in the course of their
employment; and
“Web Site” means the website that you are currently using
www.yumroo.az and any sub-domains of this site (e.g.
subdomain news.yumroo.az) unless expressly excluded
by their own terms and conditions.
2. Age Restrictions
2.1 The Web Site as a whole is usable by persons of all ages, however purchases
may only be completed by persons over the age of 18 (or 21 in States where
this is the legal age of majority) or by persons under that age with the
supervision of an adult.
2.2 Certain Material available on the Web Site, where indicated, may be
unsuitable for persons under the age of 18 (or 21 in States where this is the
legal age of majority).
3. Intellectual Property
3.1 Subject to the exceptions in Clause 4 of these Terms and Conditions, all
Content included on the Web Site, unless uploaded by Users, including, but
not limited to, text, graphics, logos, icons, images, sound clips, video clips,
data compilations, page layout, underlying code and software is the property
of BAKER, our affiliates or other relevant third parties. By continuing to use
the Web Site you acknowledge that such material is protected by applicable
United Kingdom and International intellectual property and other laws.
3.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any
other fashion re-use material from the Web Site unless otherwise indicated on
the Web Site or unless given express written permission to do so by BAKER.
4. Third Party Intellectual Property and Material
4.1 Material available for purchase on this Web Site is always accompanied by the
details of its respective author and owner. The Material is the property of the
author and owner detailed. Such ownership extends to any free previews of
Material that may be available on this Web Site.
4.2 Subject to Clause 5, Purchased Material is to be used only in accordance with
the terms of the accompanying Licence. Use without a Licence or beyond the
terms of such a Licence is prohibited subject to any alternative agreement
between you and the owner of the relevant Material.
4.3 Free previews of Material MAY be used in works in progress. Such preview
Material must be removed from and / or replaced with purchased Material for
any versions of works that are released to any parties other than co-authors.
Under no circumstances are Material previews or any work containing them to
be commercially exploited.
5. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of
the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988
apply.
6. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites
are not under the control of BAKER or that of our affiliates. We assume no
responsibility for the content of such web sites and disclaim liability for any and all
forms of loss or damage arising out of the use of them. The inclusion of a link to
another site on this Web Site does not imply any endorsement of the sites themselves
or of those in control of them.
7. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the
home page of the site WWW.YUMROO.AZ without prior permission. Deep linking
(i.e. links to specific pages within the site) requires the express permission of BAKER.
To find out more please contact us by email at CR@BAKERANDPARTNERS.CO.UK
or 2nd Floor, 145-157 St.John Street, London, EC1V 4PY, UK
.
8. Use of Communications Facilities
8.1 When using the enquiry form or any other System on the Web Site you should
do so in accordance with the following rules:
8.1.1 You must not use obscene or vulgar language;
8.1.2 You must not submit Content that is unlawful or otherwise
objectionable. This includes, but is not limited to, Content that is
abusive, threatening, harassing, defamatory, ageist, sexist or racist;
8.1.3 You must not submit Content that is intended to promote or incite
violence;
8.1.4 It is advised that submissions are made using the ENGLISH,
RUSSIAN, AZERBAIJANI language(s) as we may be unable to
respond to enquiries submitted in any other languages;
8.1.5 The means by which you identify yourself must not violate these terms
of use or any applicable laws;
8.1.6 You must not impersonate other people, particularly employees and
representatives of BAKER or our affiliates; and
8.1.7 You must not use our System for unauthorised mass-communication
such as “spam” or “junk mail”.
8.2 You acknowledge that BAKER reserves the right to monitor any and all
communications made to us or using our System.
9. Accounts
9.1 In order to purchase Material on this Web Site and to use the ONLINE
COMMUNITIES facilities you are required to create an Account which will
contain certain personal details and Payment Information which may vary
based upon your use of the Web Site as we may not require payment
information until you wish to make a purchase. By continuing to use this Web
Site you represent and warrant that:
9.1.1 all information you submit is accurate and truthful;
9.1.2 you have permission to submit Payment Information where permission
may be required; and
9.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and
warranty.
9.2 It is recommended that you do not share your Account details, particularly
your username and password. BAKER accepts no liability for any losses or
damages incurred as a result of your Account details being shared by you. If
you use a shared computer, it is recommended that you do not save your
Account details in your internet browser.
9.3 If you have reason to believe that your Account details have been obtained by
another without consent, you should contact BAKER immediately to suspend
your Account. Please be aware that due to the instantaneous nature of
Material delivery, pending or completed purchases cannot be cancelled.
9.4 When choosing your username you are required to adhere to the terms set out
above in Clause 8. Any failure to do so could result in the suspension and/or
deletion of your Account.
10. Termination
10.1 Either BAKER or you may terminate your Account. If BAKER terminates your
Account, you will be notified by email and an explanation for the termination
will be provided. Notwithstanding the foregoing, we reserve the right to
terminate without giving reasons.
10.2 If BAKER terminates your Account, you DO retain the right to use the Material
purchased from us.
10.3 If you terminate your Account, you DO retain the right to use the Material
purchased from us.
10.4 BAKER reserves the right to cancel purchases without stating reasons, for any
reason prior to processing payment and granting access to Material.
11. Material, Pricing and Availability
11.1 Whilst every effort has been made to ensure that all graphical representations
and / or descriptions of Material available from BAKER correspond to the
actual Material, BAKER is not responsible for any variations from these
descriptions. This does not exclude our liability for mistakes due to negligence
on our part and refers only to variations of the correct Material, not different
Material altogether. Please refer to Clause 12 for incorrect or faulty Material.
11.2 Where appropriate, you may be required to select the required [size] [quality]
[format] [number] [other features] of the Material that you are purchasing.
11.3 BAKER does not represent or warrant that such Material will be available.
Material may be temporarily unavailable due to problems with the Service,
maintenance or similar. Alternatively, Material that is no longer available may
remain referenced on the Web Site for a short time before removal.
11.4 All pricing information on the Web Site is correct at the time of going online.
BAKER reserves the right to change prices and alter or remove any special
offers from time to time and as necessary.
11.5 In the event that prices are changed during the period between an order being
placed for Material and BAKER processing that order and taking payment, you
will be contacted prior to your order being processed with details of the new
price;
12. Refunds Policy
BAKER aims to always provide high quality Material that is fault free. On occasion
however, Material may contain faults. Refunds are governed by these Terms and
Conditions:
12.1 These Terms and Conditions cover only faults that impair the use of the
Material. This includes, but is not limited to, data corruption.
12.2 These Terms and Conditions do not cover use difficulties arsing out of issues
such as file incompatibility or minor mistakes in the Material itself such as
spelling errors or graphical faults that do not result from data corruption.
12.3 If Material contains faults on download, you should inform BAKER immediately
and must inform us within 24 hours of the download in order to receive a
refund equal to the purchase price of the relevant Material. Any notification
received outside of this time period is at the exclusive discretion of BAKER’s
management.
12.4 If you change your mind and decide that you no longer require the Material
you have purchased, refunds will be available at the exclusive discretion of
BAKER’s management.
12.5 In the event that the incorrect Material is downloaded due to an error on the
part of BAKER, you should inform us immediately and must inform us within
24 hours of the download in order to receive a refund equal to the purchase
price of the relevant Material. Any notification received outside of this time
period is at the exclusive discretion of BAKER’s management.
12.6 Where any refund is issued, you are required to delete and / or destroy any
copies of the Material, electronic or otherwise. Any other works into which the
Material has been integrated must have the Material removed from them or,
where this is not possible, be deleted and / or destroyed themselves. Failure
to do so will result in you being in breach of the Licence under which you
purchased the Material.
12.7 If you wish to request a refund for any of the above reasons, please contact us
using the details:
BAKER AND PARTNERS LIMITED Ltd.
2nd Floor, 145-157 St.John Street, London, EC1V 4PY, UK
cr@bakerandpartners.co.uk
Tel: 44 207 111 1635
13. Privacy
Use of the Web Site is also governed by our PRIVACY POLICY which is incorporated
into these terms and conditions by this reference. To view the Privacy Policy, please
click on the link above.
14. Disclaimers
14.1 Subject to the Terms and Conditions above, BAKER makes no warranty or
representation that the Web Site or the Material available for purchase will
meet your requirements, that it will be of satisfactory quality, that it will be fit
for a particular purpose, that it will not infringe the rights of third parties, that it
will be compatible with all systems, that it will be secure and that all
information provided will be accurate. We make no guarantee of any specific
results from the use of our Services.
14.2 No part of this Web Site is intended to constitute advice and the Content of
this Web Site should not be relied upon when making any decisions or taking
any action of any kind.
14.3 No part of this Web Site is intended to constitute a contractual offer capable of
acceptance.
15. Changes to the Service and these Terms and Conditions
BAKER reserves the right to change the Web Site, its Content or these Terms and
Conditions at any time. You will be bound by any changes to the Terms and
Conditions from the first time you use the Web Site following the changes. If BAKER
is required to make any changes to Terms and Conditions relating to sale of goods by
law, these changes will apply automatically to any orders currently pending in addition
to any orders placed by you in the future.
16. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty
that the Service will be free of defects and / or faults. To the maximum extent
permitted by the law we provide no warranties (express or implied) of fitness for a
particular purpose, accuracy of information, compatibility and satisfactory quality.
BAKER accepts no liability for any disruption or non-availability of the Web Site
resulting from external causes including, but not limited to, ISP equipment failure,
host equipment failure, communications network failure, power failure, natural events,
acts of war or legal restrictions and censorship.
17. Limitation of Liability
17.1 To the maximum extent permitted by law, BAKER accepts no liability for any
direct or indirect loss or damage, foreseeable or otherwise, including any
indirect, consequential, special or exemplary damages arising from the use of
the Web Site or any information contained therein. Users should be aware that
they use the Web Site and its Content at their own risk.
17.2 Whilst every effort is made to keep viruses and similar malicious software or
code out of Content, Material, Systems and Services provided by BAKER,
BAKER accepts no liability for any damage done by such elements. Users
bear the responsibility of ensuring adequate virus protection for their own
systems and are advised to make regular and frequent back-ups.
17.3 Nothing in these Terms and Conditions excludes or restricts BAKER’s liability
for death or personal injury resulting from any negligence or fraud on the part
of BAKER.
17.4 Nothing in these Terms and Conditions excludes or restricts BAKER’s liability
for any direct or indirect loss or damage arising out of the incorrect delivery of
Material or out of reliance on incorrect information included on the Web Site.
17.5 Whilst every effort has been made to ensure that these terms and conditions
adhere strictly with the relevant provisions of the Unfair Contract Terms Act
1977, in the event that any of these terms are found to be unlawful, invalid or
otherwise unenforceable, that term is to be deemed severed from these terms
and conditions and shall not affect the validity and enforceability of the
remaining terms and conditions. This term shall apply only within jurisdictions
where a particular term is illegal.
18. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or
remedy contained herein, this shall not be construed as a waiver of that right or
remedy.
19. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior
versions thereof, the provisions of these Terms and Conditions shall prevail unless it
is expressly stated otherwise.
20. Notices
All notices / communications shall be given to us either by post to our Premises (see
address above) or by email to CR@BAKERANDPARTNERS.CO.UK. Such notice
will be deemed received 3 days after posting if sent by first class post, the day of
sending if the email is received in full on a business day and on the next business day
if the email is sent on a weekend or public holiday.
21. Law and Jurisdiction
These terms and conditions and the relationship between you and BAKER shall be
governed by and construed in accordance with the Law of England and Wales and
BAKER and you agree to submit to the exclusive jurisdiction of the Courts of England
and Wales.
Baker Guidelines (Applies to CreditCard Donations, When using Baker and Partners Website) 
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