Terms of Service
INTRODUCTION
These terms and conditions shall govern your use of our website.
By using our website, you accept these terms and conditions in full; accordingly, if
you disagree with these terms and conditions or any part of these terms and
conditions, you must not use our website.
In visiting our website, making a purchase, joining our mailing list, submitting any
material to our website or in using any of our website services, you expressly agree
to these terms and conditions.
You must be at least the age of majority in your county, state or province of
residence to use this site, or that you are the age of majority in your state or
province of residence and you have given us your consent to allow any of your
minor dependents to use this site. Our website uses cookies; by using our website
or agreeing to these terms of service, you consent to our use of cookies in
accordance with the terms of our Privacy and Cookies Policy. This website is
operated by OH NO Rachio!. Throughout the site, the terms "I", “we”, “us”
and “our” may be used and refers to OH NO Rachio!.
COPYRIGHT NOTICE
Copyright ©2014 OH NO Rachio!. Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
LICENSE TO USE THIS WEBSITE
You may only use our website for your own personal purposes, and must not use our website for any other purposes. Except as expressly permitted by these Terms of Service, you must not edit or otherwise modify any material on our website. Unless you own or control the relevant rights in the material, or have
received written permission to do so, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose;
or
(e) redistribute material from our website. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
ACCEPTABLE USE
You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing). You must not use data collected from our website to contact individuals, companies or other persons or entities.
(f) You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current,complete and non-misleading.
CANCELLATION, SUSPENSION OR CHANGES TO PRODUCTS/SERVICES
We may:
(a) limit the sales of our products to any person, geographic region or jurisdiction and we may do so on a case-by-case basis.
(b) limit the quantities of any products or services that we offer.
(c) refuse any order you place with us.
(d) limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
(e) limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorised dealers, resellers or distributors.
(f) change descriptions of products or the product price at anytime without notice or justification.
(g) discontinue any product or service at any time in our sole discretion without notice or explanation. However, an attempt will be made to notify you via the e-mail and/or billing address/phone number provided at the time the order was made. You may cancel, refund or exchange your order under the terms and conditions of our Returns and Refunds Policy.
Unauthorised use of this material or this website may give rise to a claim for damages and/or be a criminal offence.
YOUR CONTENT: LICENSE
In these terms and conditions, "your content" means all works and materials
(including without limitation text, graphics, images, audio material, video material,
audio-visual material, scripts, software and files) that you submit to us or our
website for storage or publication on, processing by, or transmission via, our
website.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use,
reproduce, store, adapt, publish, translate and distribute your content in any
existing or future media / reproduce, store and publish your content on and in
relation to this website and any successor website / reproduce, store and, with your
specific consent, publish your content on and in relation to this website.
Without prejudice to our other rights under these terms and conditions, if you
breach any provision of these terms and conditions in any way, or if we reasonably
suspect that you have breached these terms and conditions in any way, we may
delete, unpublish or edit any or all of your content.
LIMITED WARRANTIES
We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
(d) that use of our service will be uninterrupted, timely, secure or error-free.
(e) that images of our products including their colour are accurately
displayed on your computer monitor.
We reserve the right to discontinue or alter any or all of our website services, and
to stop publishing our website, at any time in our sole discretion without notice or
explanation.
There may be information on our site or in the Service that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change
or update information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice (including after you
have submitted your order). You expressly agree that your use of, or inability to
use, the service is at your sole risk. The service and all products and services
delivered to you through the service are (except as expressly stated by us)
provided 'as is' and 'as available' for your use, without any representation,
warranties or conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement.
In no case shall OH NO Rachio!, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors be liable for
any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation lost profits, lost
revenue, lost savings, loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the service or any
product, including, but not limited to, any errors or omissions in any content, or
any loss or damage of any kind incurred as a result of the use of the service or any
content (or product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some states or jurisdictions do
not allow the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
BREACHES OF THESE TERMS OF SERVICE
Without prejudice to our other rights under these terms and conditions, if you
breach these terms and conditions in any way, or if we reasonably suspect that you
have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
Where we suspend or prohibit or block your access to our website or a part of our
website, you must not take any action to circumvent such suspension or prohibition
or blocking (including without limitation creating and/or using a different account).
VARIATION
From time to time we may revise these terms and conditions. The revised terms
and conditions shall apply to the use of our website from the
date of publication of the revised terms and conditions on the website, and you
hereby waive any right you may otherwise have to be notified of, or to consent to,
revisions of these terms and conditions.
THIRD PARTY RIGHTS
These terms and conditions are for our benefit and your benefit, and these terms
and conditions are not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under these terms and conditions is not subject
to the consent of any third party.
ENTIRE AGREEMENT
These terms and conditions, together with our privacy and cookies policy, shall
constitute the entire agreement between you and us in relation to your use of our
website and shall supersede all previous agreements between you and us in
relation to your use of our website.
OUR DETAILS
This website is owned and operated by OH NO Rachio! {Rachel Basinger}.
We are registered in business in the UK, our principal place of business is OH NO
Rachio! 1 Cobalt Quarter, SO14 3JY. You can contact us by writing to the business
address given above by using our website contact form or by email to
[email protected]
This document was created using a template from SEQ Legal.