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These Terms of Service (“Terms”) govern your access to and use of the Site and related services, so please read them carefully before using the Site and Services.
As our business grows and we add new functionality to the Site and Services, we may revise these Terms periodically. If we do, we will post the changes here. Your continued use of the Site after any changes are posted constitutes your acceptance of the new Terms.
Your Use of Service:
In order to access or use the Service, you may be required to provide current, accurate, identification, contact and other information. You are responsible for maintaining the accuracy and completeness of this information and also for maintaining the confidentiality of your username and password. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password so please notify Josh and Nicol immediately of any unauthorised use of your account or any other breach of security.
Modifications to Service and Data:
Prices for our products are subject to change without notice. The Service may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Service (or a part of the Service). Please backup your data as Josh and Nicol has no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Service. Josh and Nicol reserves the right to terminate accounts that are inactive for an extended period of time.
You must be 13 years of age to use this Service, with or without registering.
CONDITIONS OF USE
You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (“post”) or email or otherwise transmit or use via the Service. You agree to not use the Service to post, email or otherwise transmit any content that is unlawful, threatening, unsolicited “junk mail” or spam, contains software viruses or, in the sole judgment of Josh and Nicol, restricts or inhibits any other person from using or enjoying the Service, or which may expose Josh and Nicol or its users to any harm or liability of any type. You also agree to provide accurate, up-to-date information.
INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks:
The Service may contain content (“Service Content”) that is protected by copyright, patent, trademark or other proprietary rights and laws. Except as expressly authorised by Josh and Nicol, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. If you are eligible to use the Service, you are granted a limited license to access and use the Site and the Service Content and to download or print a copy of the Service Content you have provided or to which another user has properly granted you access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as authorised by these Terms is strictly prohibited and will terminate the license granted here. The technology and software underlying the Service is the Property of Josh and Nicol, our affiliates and our partners (the “Software”). You agree not to reverse engineer, reverse assemble or otherwise attempt to discover any source code version of the Software. We reserve all right, title and interest in and to the Software and Service Content, except for the limited rights expressly granted in these Terms.
The Josh and Nicol name and logo are trademarks and service marks of Josh and Nicol (collectively the “Josh and Nicol Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Josh and Nicol. You may not use any of Josh and Nicol Trademarks without our prior written permission.
Third Party Material:
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. Josh and Nicol will not be liable for any content posted by third parties or at the direction of users; you must evaluate the accuracy and usefulness of this content. Josh and Nicol does not pre-screen content, but Josh and Nicol and its Designees will have the right (but not the obligation) to refuse or remove any content that is available via the Service, including the right to remove any content that violates the Terms or is deemed by Josh and Nicol to be objectionable.
User Content Posted on the Site:
You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You may not post any content that you did not create or that you do not own. By posting User Content you hereby grant and will grant Josh and Nicol and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation, advertising or marketing of the Service, in any form now known or later developed.
We welcome your comments, questions, suggestions and feedback about the Site or the Service. Please note that any comments or suggestions you make to Josh and Nicol are non-confidential and become the property of Josh and Nicol, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Josh and Nicol respects the intellectual property of others, and we ask our users to do the same. Josh and Nicol will promptly process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes Copyright Infringement, or that your Intellectual Property rights have been otherwise violated, please contact our Copyright Agent at email@example.com with details of the violation.
Josh and Nicol's Copyright Agent for Notice of Claims of Copyright or other Intellectual Property Infringement can be reached as follows:
Repeat Infringer Policy:
In accordance with the applicable law, Josh and Nicol has adopted a policy of terminating, in appropriate circumstances and at Josh and Nicol's sole discretion, members who are deemed to be repeat infringers. Josh and Nicol may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any Intellectual Property rights of others, whether or not there is any repeat infringement.
THIRD PARTY LINKS AND CONTENT
The Service may provide, or third parties may provide, links or otherwise direct users to other sites and resources on the Internet. Josh and Nicol has no control over such sites and resources and Josh and Nicol is not responsible for and does not endorse such sites and resources. Josh and Nicol will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such site or resource.
By using the Service you agree to release, discharge and hold harmless Josh and Nicol and its subsidiaries and affiliates (the “Josh and Nicol Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Service or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site.
You agree to indemnify and hold Josh and Nicol and the Josh and Nicol Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Service, or publicly distributed on the web, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JOSH AND NICOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTITY INFORMATION ABOUT YOURSELF OR THE OTHERS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOSH AND NICOL AND THE JOSH AND NICOL ENTITIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JOSH AND NICOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL JOSH AND NICOL BE TOTALLY LIABLE TO YOU OR FOR ANY DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED SEVENTY FIVE POUNDS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that Josh and Nicol, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. Josh and Nicol will not be liable to you or any third-party for any termination of your access to the Service.
The Terms constitute the entire agreement between you and Josh and Nicol and govern your use of the Service, superseding any prior agreements between you and Josh and Nicol with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms will be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and Josh and Nicol irrevocably agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.
Any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or will be barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These are the terms and conditions which will apply to you when purchasing clothing, accessories and other goods (“Goods”) from the Josh and Nicol E-Commerce Website at www.www.joshandnicol.com (the “Website”). The Website and Goods are provided by JOSH AND NICOL INC LTD, a company registered in England with reg. number 8421879 and registered office at 6A Ocean House, Bentley way, New Barnet, EN5 5FP (“we”, “us”, “our”). When we refer to “you” and “your” we mean the user of the Website and purchaser of Goods. These Terms and Conditions form a legally binding contract between us and you.
Your acceptance of the terms and conditions is given when you purchase Goods from us. You should read these terms and conditions carefully before buying anything from Josh and Nicol Website. The Terms and Conditions contain the following sections:
* Part 1 – About the Website and the Goods
* Part 2 – Buying Goods
* Part 3 – Pre-Ordering Goods
* Part 4 – General terms relating to our relationship with you.
We reserve the right to change the terms and conditions under which the Website and the Goods are provided. Any such change in terms and conditions will be effective to all new orders once included in the text of these terms and conditions and published on the Website. You should check the terms and conditions posted on the Website periodically to ensure that you are aware of and comply with the current version. If you have any questions about the Terms and Conditions, the Goods or the Website please email us at firstname.lastname@example.org
Part 1 – About the Website and the Goods
Part 1 sets out the terms about the information displayed on the Website, descriptions of Goods and how you use the Website. Separate Notices and Disclaimers apply to your use of the Website. By accepting these Terms and Conditions you also agree to the Notices and Disclaimers. We try to make sure that all information on the Website, including descriptions of our Goods, and listed prices, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors on the Website as soon as reasonably possible, and if we reasonably think that such an error has affected your purchase of Goods we will try to let you know. However, because we take these steps we will not be liable to you for any errors on the Website. You should bear in mind that buying Clothing and Accessories over the internet provides a different shopping experience to buying in-store. In particular you acknowledge that:
* the colours which are shown for the Goods on the Website will depend on many factors – including your display settings;
* all sizes and measurements are approximate;
* all Goods are subject to availability;
* any delivery estimates given on the Website or by email are estimates only;
* the Goods and Promotions which are displayed on the Website are only available online only;
You are responsible for ensuring that your Login Details, Password and all other details in relation to your Account remain confidential at all times.
Part 2 – Buying Goods
Part 2 sets out some terms which apply to your purchase of Goods from us through the Website. You make an offer to purchase a product from us (your “Order”) by completing the staged process on the Website as set out below:
* Adding product to your shopping basket * Checkout step 1 – Login details * Checkout step 2 – address details * Checkout step 3 – payment details * Confirmation of order Your Order only constitutes an offer to purchase Goods from us, and does not form a binding contract until accepted by us.
Where you order more than one product your Order contains a series of offers for each product individually. On receipt of your Order, we will send you an Order acknowledgement email to the email address which you provide in the Order process. This Order acknowledgement email will contain your Order number, details of the Goods ordered and a delivery estimate. Note that this email is only to acknowledge that your order has been received, and is not acceptance by us of any offers to purchase Goods. We must receive full payment both of the price of the Goods and any delivery charges before we can accept any offers. Where you select to pay by Credit or Debit Card we will process the payment at the time of preparing your Goods for Dispatch. An offer made by you to purchase a product shall only be deemed to be accepted by us when we despatch that product to you and send you an Order Dispatch email which includes details of the product. We reserve the right to refuse any offers in an Order prior to acceptance. If a product is not available we will include details of the unavailable product in the Order despatch email. A product which is not available will not be included in the contract for a product which is dispatched. All prices and charges on the Website are in GBP, Pounds Sterling. Delivery charges may apply and these will be displayed in the order process. All prices are, unless otherwise stated, inclusive of VAT and other applicable taxes. Our VAT number is: 176327785
Part 3 – Pre-Ordering Goods
Part 3 sets out specific terms which apply when you order Goods identified on the Website as being available for pre-order only (“Pre-Order Goods”). We will not always be able to deliver Pre-Order Goods within 30 days of the date you place your order. The Website will specify when we expect the Pre-Order Goods to become available but this is an indication only and we will not be obliged to despatch the Pre-Order Goods to you within this time as problems with new products can occur and suppliers may let us down. As with all Goods, an offer made by you to purchase Pre-Order Goods shall only be deemed to be accepted by us when we despatch the Goods to you and send you an Order dispatch email.
Part 4 – General terms relating to our relationship with you
Part 4 sets out some general terms that govern our relationship with you and purchases by you. We will not be responsible for the performance of any obligations under these terms and conditions in the case of an event outside of our reasonable control (force major), including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment. All notices which we need to give to you under these Terms and Conditions will be sent by us to your registered e-mail address. These Terms and Conditions set out the entire agreement between you and us in respect of the sale, purchase and use of the Goods. They supersede any previous agreement or understanding in relation to the subject matter hereof. They may only be varied where separately agreed in writing between you and us. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected. Save to the extent that you exercise your right as a consumer to bring an action in or rely on the laws of your country of domicile, the interpretation, construction, effect and enforceability of these Terms and Conditions shall be governed by English Law, and You and We agree to submit to the non-exclusive jurisdiction of the English Court.