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Dressed up to the 9's Ltd
Terms of Use
TERMS OF WEBSITE USE
Welcome to Dressed Up To The 9's! This page (the "Terms of Use") (together with the documents referred to on it) tells you the terms on which you may make use of our website www.dresseduptothe9s.com (the "Site"), whether as a guest or a registered user and how you may make use of our service. Please read the Terms of Use carefully before you start to use the Site. By using the Site, you indicate that you accept the Terms of Use and any modifications that may be made from time to time and that you agree to abide by them. If you do not agree to the Terms of Use, please refrain from using, visiting or browsing the Site.
You should print a copy of the Terms of Use for future reference.
The Definition "Terms of Use" will apply to these Terms of Use and, to the extent applicable, to the applicable Terms of Service if you become a registered member of the Site.
SERVICE AVAILABILITY
The Site is only intended for use by people resident in Mainland UK. For the purposes of the Terms of Use, Mainland UK means England, Wales, Scotland and Northern Ireland.
YOUR STATUS
By registering as a member of the Site and/ or using our service, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in Mainland UK; and
(d) You are accessing the Site from Mainland UK.
MODIFICATION AND VARIATIONS
We reserve the right to modify the Terms of Use at any time and in any manner at our sole discretion. Your continued use of the Site and/ or our service constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms of Use. Some of the provisions contained in the Terms of Use may also be superseded by provisions or notices published elsewhere on the Site.
If you do not agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately by: (a) notifying us of your unwillingness to accept the changes to the Terms of Use and by [emailing customerservice@dresseduptothe9s.com or calling us at 07540 565822; and (b) discontinuing your use of the Site.
INFORMATION ABOUT US
www.dresseduptothe9s.com is a site operated by Dressed Up To The 9's Ltd ("we"). We are registered in England and Wales under company number 06797959 and have our registered office at Camfield Chapman Lowe Limited, 9 High Street, Woburn Sands, Milton Keynes, Buckinghamshire, MK17 8RF.
We are a limited company.
ACCESSING OUR SITE
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Site, or the entire Site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right, in our sole discretion, to disable or terminate any user identification code, account or password, whether chosen by you or allocated by us, at any time, for any reason, including, without limitation, for lack of use or if in our opinion you have failed to comply with the letter or spirit of any of the provisions of the Terms of Use. You agree that any disabling or termination of your access to the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your account and all related information and submissions made form your account and bar any further access to such information or to the Site.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of the Terms of Use, and that they comply with them
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the content on the Site, including our software and all HTML and other code contained in the Site, shall remain at all times vested in us and/ or are the property of their respective owners.
All such content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on the Site are protected by national intellectual property and other laws and international treaty provisions.
You are permitted to use the content only as set out below and as expressly authorised by us and/ or our third party licensors.
You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
RELIANCE OF INFORMATION POSTED
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
OUR LIABILITY
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy.
Except as expressly specified in the Terms of Use, all terms, conditions, warranties, representations, or guarantees whether express or implied relating to the performance, quality or fitness for purpose of any part of the goods and/or services provided by us under the Terms of Use are, to the fullest extent permitted by law, hereby excluded.
Except as stated elsewhere in this section, our entire financial liability (including any liability for the acts or omissions of our employees, agents and subcontractors) in respect of all or any breaches of the Terms of Use or of any other representation, statement, tortious act or omission or duty to you or for negligence in connection with the subject matter of the Terms of Use will be limited to [the aggregate fees payable in respect of the goods and/ or services concerned].
Except as stated above, in no event will we be liable to you for any of the following however and whenever arising: (a) loss of profits; (b) loss of business; (c) loss of revenue; (d) loss of data; (e) loss of goodwill; (f) loss of anticipated savings; or (g) any special, indirect, consequential or pure economic loss, damage, costs or expense.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our Privacy Policy [zoeINSERT LINK TO SITE'S PRIVACY POLICY][, the terms of which are incorporated into the Terms of Use]. Please review our Privacy Policy carefully. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the provision of a dress/ dresses for hire by you and/ or for the hire of a dress/ dresses by you formed through the Site or as a result of visits made by you are governed by the applicable Terms of Service.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on the Site other than that set out above, please address your request to customerservice@dresseduptothe9s.com.
LINKS FROM OUR SITE
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. We accept no responsibility for the content of the internet or web pages that are contained outside the Site of for any loss or damage that may arise from your use of them.
ENTIRE AGREEMENT
The Terms of Use (as amended from time to time) constitute the entire agreement between you and us regarding your use of the Site and/ or the service, and supersede any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and us in relation to such matters. In the event that the FAQs or any other material posted on the Site conflict with the Terms of Use, the Terms of Use shall govern.
SEVERABILITY
If any provision of the Terms of Use is held to be void or unenforceable in whole or in part, the Terms of Use will continue to be valid as to the other provisions thereof and the remainder of the affected provision.
NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms of Use.
WAIVER
No waiver of any breach of either parties’ obligations hereunder will represent a waiver of the waiving party’s rights hereunder or of any subsequent breach.
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the 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 that such communications be in writing.
NOTICES
All notices given by you to us must be given to Dressed Up to the 9's Ltd at [Dressed Up to the 9's, 12 Milton Road, Broughton, Milton Keynes, MK10 9LL] OR customerservice@dresseduptothe9s.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in the "Written Communications" clause above. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
FORCE MAJEURE
Neither party will be liable for any failure or delay in the performance of any contract between them which is caused by circumstances beyond the reasonable control of the party.
INDEMNITY
You agree to indemnify and hold us harmless form any and all claims, losses, damages, liabilities, costs and expenses which arise out of, are connected with or directly relate to your wrongful or unlawful use of the Site or any breach of the Terms of Use by you.
THIRD PARTY RIGHTS
None of the provisions of the Terms of Use are intended to or will operate to confer any benefit pursuant to the Contracts (Rights of Third Parties) Act 1999 on a person who is not named as a party to a contract formed under the Terms of Use.
DISPUTE RESOLUTION PROCEDURE
If any dispute arises in connection with the Terms of Use, a representative of each party with authority to settle the dispute will, within [14] days of a written request from one party to the other, meet in good faith in an effort to resolve the dispute. If the dispute is not resolved at that meeting, either party may commence legal proceedings.
JURISDICTION AND APPLICABLE LAW
The Terms of Use will be governed by and construed in accordance with the laws of England and Wales and, subject only to the "Dispute Resolution Procedure" clause above, the parties submit to the exclusive jurisdiction of the English courts for the resolution of any dispute.
YOUR CONCERNS
If you have any concerns about material which appears on the Site, please email customerservice@dresseduptothe9s.com.
Effective [ ] May 2009
