TERMS & CONDITIONS
Registration and Passwords
In order to access certain services on the Site and the App, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorised use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.
Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site or the App, including with respect to Privacy Policy, and membership referral and reward programs Best Gay Life Benefit Terms and Conditions (“Additional Terms”), which Additional Terms will be made available to you at the appropriate time and are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
Membership
The Site and the App are available to registered users who are 18 years and older and who have not been suspended or removed by Best Gay Life for any reason (a “Member”). We reserve the right to revoke your membership for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. Where we revoke your membership, this will not affect current orders which we have acknowledged unless we revoke as a result of your breach of these Terms or the Privacy Policy or any other guidelines or rules, in which case we may terminate all existing orders and will not be obliged to make any refund. In event that we revoke your subscription membership, you will reimbursed any subscription fees on a pro rata basis. Membership is void where prohibited by law.
Orders and Contracts
Products and Box subscriptions may be ordered by clicking on the box or item you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Submit Order” button on the checkout page.
Your order constitutes an offer to Best Gay Life to buy a box subscription or product. All orders are subject to acceptance by Best Gay Life. Best Gay Life is not obliged to accept your order and may, in its discretion, decline to accept any order. Where Best Gay Life accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched.
By purchasing a month to month subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the original subscription rate. Your credit card will be charged a recurring payment starting on the 1st of every calendar month from the following month (if you signed up before the 15th of that same month) or the 1st of every calendar month from the second month (if you signed up after the 16th of the month). For example if you sign up on 14th January your first recurring monthly payment will be charged on the 1st February. If you sign up on 16th January your first recurring payment will be charged on the 1st March.. Any cancellations need to be done seven working days prior to your next recurring payment to prevent the charge for that month. To cancel your subscription at any time, you must logon to your account or email us at support@bestgaylife.com and we will do it for you. If you cancel, you may use your subscription until the end of the then-current month, however, your Best Gay Life Benefits will cease at the point that you cancel. Best Gay Life may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method.
For multiple month subscriptions (6 month and yearly subscriptions), your subscription will automatically renew after your then-current term expires. You may choose to opt out of auto renewal at any time. Gift subscriptions do not automatically renew. If you cancel your multiple month subscription other than as a result of a material breach by Best Gay Life of these Terms, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
The above cancellation rights do not affect your right to cancel under the statutory cooling-off period (see Consumer Rights and Cancellation below).
Prices include VAT and delivery costs (where applicable) will be added when you view the items in your shopping basket. Please see our FAQ for details of when delivery charges apply.
Your order will be fulfilled by the delivery date set out in the confirmatory email or, if no delivery date is specified, then within a reasonable time of the date of the order. You recognise, though, that occasionally because of problems sourcing stock from our suppliers or for other reasons beyond our control it is possible that orders may be delivered more than 30 days after the order.
We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.
Consumer Rights and Cancellation
You may cancel your first order and receive a refund at any time before your order is delivered and up to fourteen days afterwards, beginning on the day after you receive the products. In this case, you will receive a full refund of the price paid for the products in accordance with the Best Gay Life refunds policy (see below).
Each box subscription is for these purposes a single order forming part of a regular delivery of goods, so you can only cancel a box subscription and receive a refund within fourteen days of receiving your first monthly box. You can of course cancel your subscription at any time, but it is only if you do it within this initial fourteen day period after your initial subscription that you will be entitled to a refund (as required by UK legislation known as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
To cancel your order, you must inform Best Gay Life by email, giving us your name, address and order reference. You must return the products to Best Gay Life within 14 days of notifying us of the cancellation in the same condition in which you receive them and at your own cost and risk. Best Gay Life has a right to deduct from your refund amount any reduction in value of the products caused by your handling of the products beyond what is necessary to establish the nature, characteristics and functioning of the products.
Best Gay Life’s refunds policy is: if you cancel an order within the fourteen-day cancellation period (see above), Best Gay Life will refund you as soon as possible and, in any case, within fourteen days of the day of our receipt of the returned products or (if earlier) the day you provide evidence of having sent the products back to us.
Best Gay Life will refund the price of the products in full excluding the cost of delivery. Best Gay Life will refund the purchase price using the same method originally used by you to pay for your purchase.
Product Information; Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site and the App is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time due to inventory, shortages, or user breach (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site or the App will be available.
Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site and the App are the property of Best Gay Life or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site or the App. All other trademarks are the property of their respective owners. All of our Site’s and the App’s content are Copyright Best Gay Life LTD or its affiliates. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site or the App. All rights not granted under these Terms are reserved by Best Gay Life LTD and its affiliates.
Submitted Content
By submitting or posting any materials or content on the Site or the App, you grant Best Gay Life a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and apps and in any other materials or medium, and sublicense such materials or any part of such materials. This means, for example, that we can continue to use and display that content even if you ask us to remove it or after your registration or subscription has ended. If you do not want to grant Best Gay Life the rights set out in this paragraph, please do not submit your content to us. You confirm that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Best Gay Life the license specified above. You also confirm that any materials you provide will not contain libellous or otherwise unlawful, abusive or obscene material. Best Gay Life will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or payment to you. To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Services, including the right to be identified as the author of such content.
Review Guidelines
Best Gay Life values your feedback. When writing your review, please consider the following guidelines:
- Focus on the product and your individual experience using it
- Provide details about why you liked or disliked a product
- We reserve the right not to post your review if it contains any of the following types of content or violates other guidelines:
- Obscenities, discriminatory language, or other language not suitable for a public forum
- Advertisements, “spam” content, or references to other products, offers, or websites
- Email addresses, URLs, phone numbers, physical addresses or other forms of contact information
- Critical or spiteful comments on other reviews posted on the page or their authors
Disclaimers
Best Gay Life is not responsible if you cannot access the Site or the App properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside Best Gay Life’s control. If you cannot access the Site or the App properly or at all because any of these reasons, Best Gay Life will not refund any money you have paid or compensate you.
Making the Site or the App enjoyable means Best Gay Life needs to fix bugs, install updates and do general diagnosis and maintenance of the Site or the App. Best Gay Life will try to do scheduled maintenance during what Best Gay Life anticipates will be relatively low levels of online use. Best Gay Life also need to be able to do emergency maintenance and/or suspend access to the servers where, in Best Gay Life’s reasonable discretion, Best Gay Life sees the need to do that. Best Gay Life will try to have the Site or the App available again as soon as Best Gay Life thinks it is safe to do so.
The Site and the App rely in part on software to work. Software has bugs. Whilst Best Gay Life will monitor the Site and the App and try to fix bugs that are made known to us, Best Gay Life cannot guarantee that the Site or the App will be bug-free or will work all the time. It is not a term of these Terms of Use that the Site or the App or any individual feature of the Site or the App will always be available, error free and/or free from viruses.
Where the Site or the App contains links to other websites and third party products or services, these links are provided for your information only. Best Gay Life is not responsible for the content of these websites or products or services.
Indemnification
You agree to indemnify Best Gay Life and its group companies liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site or the App by you being in violation of these Terms and/or Best Gay Life’s Review Guidelines.
Limitation of Liability
Best Gay Life excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site or the App ; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site or the App, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and Best Gay Life at the start of your membership.
Best Gay Life will not be liable to you over the entire period of your use of the Site or the App for any loss in excess of (a) the total value of products or subscriptions ordered by you via the Site or the App from time to time and (b) ￡250, whichever is the higher.
Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation; © for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or (d) any other liability that cannot by law be excluded or limited.
Copyright Infringement; Notice and Take Down Procedures
Best Gay Life specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site or the App infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim.
Severability
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
Waiver; Remedies; Variations, Entire Agreement
The failure of Best Gay Life to partially or fully exercise any rights or the waiver of Best Gay Life of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Best Gay Life or be deemed a waiver by Best Gay Life of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Best Gay Life under these Terms and any other applicable agreement between you and Best Gay Life shall be cumulative, and the exercise of any such right or remedy shall not limit Best Gay Life’s right to exercise any other right or remedy. These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site or the App and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply.
Governing Law
The operation of our Site, App and Contracts for the purchase of Goods through our Site and App are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Questions
Should you have any questions regarding these Terms you may contact us at support@bestgaylife.com.