You probably aren't reading this page, but if you are, welcome to our Ts&Cs. When you order from us or use our site, you do so with these terms in mind.
If you don't accept these terms and conditions, hold off on ordering anything from our site, and give us a call on 01962 793800. We’ll be very happy to get to the bottom of any queries or concerns.
Let’s dive in.
1. INFORMATION ABOUT US
We're Alfresco Concepts (UK) Limited, a company registered in England and Wales under company number 07205725 and with our registered office at 25 St Thomas Street, Winchester, SO23 9HJ. Our VAT number is 990792177. We operate the website you're looking at now (www.biggreenegg.co.uk).
2. YOUR STATUS
By placing an order through our site, you confirm that:
- (a) you're legally capable of entering into binding contracts, and
- (b) you're at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you'll receive an email from us to let you know we've received it. This doesn't mean your order has been accepted; you're effectively offering to buy something from us. (It's nothing personal; just a legal thing. It's quite common.)
To confirm acceptance of your order, there'll be another email. We call it the 'Dispatch Confirmation'.
4. CONSUMER CANCELLATION RIGHTS
4.1 If you're a consumer, you have the right to cancel your order and receive a full refund (see our Refunds policy below). Your right to cancel starts from the date of the Dispatch Confirmation. If the Products have been delivered to you, you may cancel at any time within 7 working days, starting from the day after you receive the Products.
4.2 If you'd like to cancel, please let us know by email ([email protected]) or post at:
Alfresco Concepts (UK) Limited, Unit 3, Old Park Wood Industrial Estate, Old Park Road, Bishops Sutton, Alresford, SO24 0JG.
You'll also have to return the Products to us at: Alfresco Concepts (UK) Limited, 2 Garrood Drive, Industrial Estate, Fakenham, Norfolk, NR21 8NN as soon as you can, and at your own cost. It’s your legal obligation to take care of the Products while you've got them.
5. AVAILABILITY AND DELIVERY
5.1 You'll receive your order by the date set out in the Dispatch Confirmation, unless we've discussed another arrangement.
5.2 Currently, we only deliver Products to addresses in the UK, EIRE and the Channel Islands (Sorry!).
5.3 In relation to delivery of a Big Green Egg, our courier operates a “kerb-side delivery policy” that goes a little something like this:
- (a) The courier will unload and deposit the Product at the entrance to your property;
- (b) The courier can't legally enter your property to move the Product. For safety reasons, they'll also avoid uneven or sloping ground (EGGs can get pretty heavy);
- (c) The courier has no legal responsibility to unpack the Product.
- (d) Neither the third party courier nor Alfresco Concepts (UK) Limited (that's Big Green Egg's trading name) is responsible for the disposal of the pallet on which the Product will be delivered.
5.4 By signing the delivery receipt provided by the courier, you acknowledge that you've inspected the Product(s) and confirm that they do not show any signs of fault or damage. Make sure you have a thorough look! In the unlikely event that there’s a problem, jot it down on the delivery note, and give us a call ASAP on 01962 793800. We’ll do everything we can to help get things sorted.
6. RISK AND TITLE
6.1 The Products will be your responsibility once they’ve been delivered.
6.2 Ownership of the Products will only pass to you when we receive full payment. That's for the Products and Delivery.
7. PRICE AND PAYMENT
7.1 The price of the Products and our delivery charges will be as quoted on our site. That said, sometimes we make mistakes (we're only human!), so if we do make a pricing error, we reserve the right to amend it.
7.2 Product prices include VAT. If the rate of VAT happens to change between the date of your order and the date of delivery, we'll adjust the VAT you pay, unless you've already paid for the Products in full before the change takes effect.
7.3 Product prices and delivery charges are liable to change at any time. You needn't worry if we've sent you a Dispatch Confirmation already.
7.4 Product prices include the costs and charges of packaging and insurance. They also include transport of Products where:
- (a) Delivery is within mainland UK;
- (b) The price of the Product(s) being delivered exceeds £50; and
- (c) Your order includes a Product(s) other than charcoal.
7.5 If (a), (b) or (c) don't apply, there will be a shipping surcharge. We'll let you know how much that is when you order.
7.6 It's always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If a Product's correct price is less than our stated price, we'll charge the lower amount when we send the Product to you. If a Product’s correct price is higher than our stated price we will normally contact you to let you know. Then, you can decide whether you’d like to proceed or not.
7.7 If the pricing error is obvious and unmistakeable (like an XL EGG for £10 ) and could have been reasonably recognised as an error, we don't have to provide the Products to you at the incorrect (lower) price.
7.8 Payment for all Products must be by credit or debit card, or via one of our trusted payment partners.
8. OUR REFUNDS POLICY
8.1 Changed your mind?
- (a) If you’ve changed your mind about accessories after you’ve received them, that’s no problem. Just return them to us in their original packaging and in perfect resaleable condition within 30 days of delivery of your order and we’ll refund you in full, less a restocking fee of 10% or a minimum of £10, whichever’s greater. No delivery charges (including any premium delivery charges) will be refunded.
- (b) You can return your products via Royal Mail or any other suitable courier. If you’re returning any ceramic item, please check that you have the appropriate insurance to cover for any possible breakages. Items must be returned to: Unit 2, Garrood Drive Ind Estate, Fakenham, Norfolk, NR21 8NN.
- (c) We’ll process the refund due to you as soon as possible. It'll never be more than 30 days after the day you let us know.
- (d) If you decide you want to return your EGG, we will refund the full value as per the price on www.biggreenegg.co.uk at the time of return, provided the EGG is unused and in a resalable condition, less a 5% re-stocking fee. You will be liable for the shipping fee, which is typically £50 (some locations have shipping surcharges, and if the strapping has been removed from the pallet there will be a re-strapping fee).
- If your EGG arrives and you decide you’d like to swap it for a different size, we will waive the re-stocking fee. You must return the EGG within 14 days of it being delivered to you.
- Please note that if you have paid for a White Glove Delivery, you are likely to have to pay for the service again to collect the items.
- Contact us at [email protected] to arrange collection.
- (e) Products should be returned to us in a good, clean and saleable condition and in their original packaging. If the returned goods have not been looked after, and are not in the condition that they were in when delivered to you, we’ll get in touch to talk this through.
- (f) If you believe your product to be defective, or that you are entitled to a replacement under Warranty, please don’t return the item to us. Let us know by emailing [email protected], with some photos showing the problem, and a short description telling us what went wrong. We’ll get back to you as soon as we can.
- We will usually process any refund due to you as soon as possible. We will refund the price of a defective Product in full, any applicable delivery charges plus any reasonable costs you incur in returning the item to us.
- Please note that ceramic EGG components (e.g. the Base, Dome, Firebox and Fire Ring) have a Lifetime Warranty (under normal use), metal components have a 5 Year Warranty, and all other ceramics carry a 3 Year Warranty. Everything else has a 1 Wear Warranty. You can read more about the Warranty here.
- (g) If you purchased using a credit card we won’t refund the credit card charges we have incurred to process your payment.
9. OUR LIABILITY TO A BUSINESS
9.1 Depending on clause 9.3, we'll only be liable to you for the Product price if we fail to comply with our Ts&Cs for any reason.
9.2 Also depending on clause 9.3, we will not be liable for losses if we fail to comply to these Ts&Cs for the following reasons:
- (a) loss of income or revenue;
- (b) loss of business;
- (c) loss of profits;
- (d) loss of anticipated savings;
- (e) loss of data; or
- (f) waste of management or office time.
However, this will not prevent you claiming for loss of or damage to your physical property.
9.3 We do not in any way exclude or limit our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- (d) defective products under the Consumer Protection Act 1987; or
- (e) any other matter for which it would be illegal for us to exclude our liability.
This clause does not apply if you are contracting as a consumer. Please see clause 10.
10. OUR LIABILITY TO A CONSUMER
10.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer as a result. However, we are not responsible for any loss or damage that is unforeseeable. Loss or damage is foreseeable if it's an obvious consequence of our breach.
10.2 We only supply Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
- (e) defective products under the Consumer Protection Act 1987; and
- (f) any other matter for which it would be illegal for us to exclude our liability.
If you are contracting as a business, this clause 10 does not apply. Please see clause 9.
11. IMPORT DUTY
11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches you. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict how much they’ll be. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country you're ordering to. We will not be liable for any breach of any such laws.
12. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
13. WRITTEN COMMUNICATIONS
Some laws state that some of the things we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.
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 to be in writing. This condition does not affect your statutory rights.
14. NOTICES AND COMMUNICATIONS
All notices you give to us must be sent to Alfresco Concepts (UK) Limited at Alfresco Concepts (UK) Limited, Unit 3, Old Park Wood Industrial Estate, Old Park Road, Bishops Sutton, Alresford, SO24 0JG, or [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
We consider notice to be received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after a letter is posted. We'll consider letters that are properly addressed, stamped and placed in the post to have been sufficiently sent. In the case of an e-mail, if it's been sent to your specified e-mail address, we'll consider that proof of sending.
15. TRANSFER OF RIGHTS AND OBLIGATIONS IF YOU ARE A BUSINESS
15.1 The contract between us is binding on you and us and any representatives in between.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Clause 15 does not apply if you are contracting as a consumer. Please see clause 16.
16. TRANSFER OF RIGHTS AND OBLIGATIONS IF YOU ARE A CONSUMER
16.1 We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.
16.2 You may only transfer your rights and obligations under this Contract if we agree to do so in writing.
Clause 16 does not apply if you are a business. Please see clause 15.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable for any failure to perform our obligations under a Contract that is caused by events outside our reasonable control. This is known as a Force Majeure Event.
17.2 A Force Majeure Event includes anything beyond our reasonable control and includes the following:
- (a) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war;
- (b) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- (c) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- (d) impossibility of the use of public or private telecommunications networks;
- (e) the acts, decrees, legislation, regulations or restrictions of any government; and
- (f) pandemic or epidemic.
17.3 Our performance under any Contract is deemed to be suspended as long as a Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. If at all possible, we will do everything we can to bring the Force Majeure Event to a close. Alternatively, we will do our best to find a way to fulfil our contractual obligations despite the Force Majeure Event.
18.1 If we fail to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies. It will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any competent authority decides that any of the provisions of these terms and Conditions are invalid, unlawful or unenforceable, the term will be severed from the remaining terms. The rest of the contract will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us. They supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in this agreement (whether made innocently or negligently) will be for breach of contract.
20.4 Nothing in this clause limits or excludes any liability for fraud. If you are contracting as a consumer, clause 20 does not apply. Please see clause 21.
21. OUR CONTRACT WITH YOU
If you are contracting as a consumer, these terms and conditions make up the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing. If you are contracting as a business, clause 21 does not apply. Please see clause 20.
22. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
22.1 We have the right to revise and amend these terms and conditions.
22.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless the authorities change them. Alternatively, we may notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation.
23. LAW AND JURISDICTION
Everything we talk about in these terms is governed by English law. Any dispute will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
24. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
25. GIFT CARDS
Gift cards purchased via Alfresco Concepts Ltd are redeemable when purchasing items sold on biggreenegg.co.uk. Gift cards may be exchanged for goods of a higher price than the face value of the card. You’ll just need to pay the difference.
The minimum amount available on a Alfresco Concepts Ltd gift card is £20. Alfresco Concept Ltd gift cards may not be exchanged for cash or vouchers or used as a deposit on a credit agreement. They can’t be used on any other site either. For items bought with a gift card that you wish to exchange, these can either be exchanged for an item of equal or greater value or credit will be issued on your next purchase. At the point of ordering please contact customer service to validate this credit.
Gift cards expire 12 months after purchase. Alfresco Concepts gift cards are not cheque guarantee, credit or charge cards.
Please treat this gift card as cash. Alfresco Concepts Ltd cannot be held liable for gift cards that are subsequently lost, stolen, damaged or defaced.
Alfresco Concepts Ltd reserves the right to amend these terms and conditions from time to time. Reasonable notice of such changes will be given where possible. By using a gift card to make purchases on the biggreenegg.co.uk, you accept and agree to these terms and conditions.
Gift Vouchers are not redeemable at a Reseller or Dealer and can only be redeemed at www.biggreenegg.co.uk.
26 Competition Terms and Conditions
26.1 The promoter of the competitions is Alfresco Concepts (UK) Limited (Company No. 07205725) whose registered office address is 25 St Thomas Street, Winchester, Hampshire, SO23 9HJ (“Promoter”).
26.2 Enquiries regarding competitions can be directed at the Promoter’s marketing team at [email protected].
26.3 These terms and conditions together with any specific rules set out in the Competition are the Completion Rules (“Rules”) and apply to the Promoters competitions (“Competitions”). By entering a Competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
26.4 Rules specific to each Competition are displayed in a notice on the page for such Competition ("Competition") or in a notice in which the Competition appeared and are incorporated into the Rules. In the event of discrepancy between these terms and conditions and the Competition, the Competition shall prevail.
26.5 The Promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the Promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the Promoter.
26.6 The Promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition. Qualifying for Competitions
26.7 To qualify to enter the Competition you must be resident in the United Kingdom. The address you provide with your competition entry ("Entry") may be used to send any prizes so please make sure this is correct.
26.8 Employees of the Promoter and their close relatives and anyone otherwise connected with the organisation or judging of the competition i.e. prize sponsors, wholesalers & their agents are not eligible to enter the Competition.
26.9 By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete. The Promoter reserves the right to verify the eligibility of all entrants.
26.10 The Promoter assumes that by reading the publication or by using the website and entering the Competition (and you warrant that) you are aged 18 or over or, if you are under 18, that your parents have consented to your entry into the Competition and these Rules.
26.11 The Promoter reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of the Rules.
26.12 In the event that any entrant is disqualified from the Competition, the Promoter in its sole discretion may decide whether a replacement should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules. Entries for Competition
26.13 There is no entry fee and no purchase necessary to enter this competition.
26.14 Competition entries must be made in the manner and by the closing date specified on the Competition. Failure to do so will disqualify the entry.
26.15 Only one entry per person per Competition is allowed (except where the Competition states that more than one entry can be submitted) and any entrant who enters more than the permitted maximum will be disqualified. Where a winner has been selected and the Promoter discovers or has reasonable grounds to believe the winner has made more than one Entry, the Promoter reserves the right to select an alternative winner. Any further winner will be selected on the same criteria as the original winner and will be subject to these Rules. Prizes
26.16 Prize winners will be chosen based on the Promoter’s discretion or unless specified otherwise in the Competition Notice, from all qualifying Entries within 28 days of the closing date specified in the Competition Notice. In all matters, the decision of the judge(s) shall be final and no correspondence or discussion shall be entered into.
26.1. The Promoter will notify the winner when and where the prize can be collected/is delivered.
26.18 Prize winners will be notified in the manner and within the time specified on the Competition Notice. Return of any prize notification as undeliverable or failure to reply as specified in the notification (and within the time stated) may result in disqualification and selection of an alternate winner. If more than one prize is awarded only one prize per entrant will be awarded.
26.19 Claims for prizes must be made in the manner and within the time specified on the Competition. Failure to claim a prize within this time or in the manner specified may result withdrawing the prize from the winner and the selection of an alternate winner.
26.20 The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
26.21 Prizes are awarded at the discretion of the Promoter and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.
26.22 Where a prize may not be appropriate for a younger contestant, the minimum age for entry will be stated in the Competition and must be observed. The Promoter reserves the right to request written proof of age of any winner. Promoter’s Liability
26.23 The Promoter cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation in the competition. Nothing shall exclude the Promoter’s liability for death or personal injury as a result of its negligence.
Data Protection and Publicity
26.24 Winners may be requested to take part in promotional activity and the Promoter reserves the right to use the names and addresses of winners in any publicity both in paper and online.
26.25 Any personal data relating to the winner or any other entrants will be used solely in accordance with the United Kingdom’s Data Protection Legislation and any subordinate legislation passed under the Act.
26.26 Any personal data relating to entrants will not be disclosed to a third party without the individual’s consent.
26.28 The competition and these terms and conditions shall be governed by and construed in accordance with English law. You and the Promoter irrevocably agree that the courts of England shall have exclusive jurisdiction over any claim or matter or to settle any dispute which may arise out of or in connection with these Terms & Conditions and that accordingly any proceedings may be brought in such courts.
27 Free membership terms and conditions
27.1 The promotions and offers in the Club are open to anyone in the UK & Ireland. The Club is free to join and the offers and promotions within this club are exclusive to those that have signed up.
27.2 There are no cash alternatives available to any of these offers or promotions.
27.4 Offers or Promotions cannot be re-sold or exchanged with any third party in exchange for any marketing activity / exposure.
27.5 The Promoter reserves the right to verify all prize entries including but not limited to asking for address and identity details (which they must provide within 14 days) and to refuse to award a prize or withdraw prize entitlement and/or refuse further participation in the promotion and disqualify the participant where there are reasonable grounds to believe there has been a breach of these terms and conditions or any instructions forming part of this promotions entry requirements or otherwise where a participant has gained unfair advantage in participating in the promotion or won using fraudulent means.
27.5 If for any reason any aspect of the offers or promotions are not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter may in its sole discretion modify or suspend the promotion or invalidate any affected entries/claims. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation.
27.6 The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this promotion or accepting or using the prize/gift, except for any liability which cannot be excluded by law (including personal injury, death and fraud) in which case that liability is limited to the minimum allowable by law.
27.7 If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these terms and conditions and the remaining clauses shall survive and remain in full force and effect.
27.8 Any question concerning the legal interpretation of the rules will be based on English law and the Courts of England and Wales will have exclusive jurisdiction.
27.9 The Promoter will only use the personal details supplied for the administration of the offers and promotions and for no other purpose, unless we have your consent.
27.10 If you'd like to remove your details from the Club then please email [email protected]
28 Inspiration Gallery Content
You grant Alfresco Concepts (UK) Ltd, and, its other users (including other users of the Galleries, Websites or social media channels) a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, share, display, reproduce in any format, in whole or part, modify, create derivative works, translate, perform, and distribute your Content indefinitely. Without limiting the foregoing, Content submitted or posted on the Galleries (directly by you or by Alfresco Concepts (UK) Ltd following your consent), may in any form on the Website and/or shared within our promotional channels, including Facebook, Twitter, Pinterest, Instagram and email channels and used otherwise for marketing or general business purposes in any format.
You also grant the right for Alfresco Concepts (UK) Ltd to make a statement around the Content in any format.
Alfresco Concepts (UK) Ltd also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you or by us following your consent, constitutes a violation of their intellectual property rights, or of their right to privacy.