TERMS AND CONDITIONS
For the use of the website
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
We operate the website (“our site“). We are Honestly Stylish Ltd., a company registered in England and Wales under company number 09886317 and with our registered office at Flat E, 1 Bina Gardens, London SW5 0LD (“we“, “our“, “us” or “Honestly Stylish Ltd“).
References in these terms and conditions (the “Terms“) to “you” are to you as the individual consumer using our site for private and non-commercial purposes.
Please read these Terms carefully and make sure you understand them before you start to use our site. We recommend that you print a copy of these Terms for future reference.
By using our site, you confirm that you accept these Terms (together with the documents referred to in them) and that you agree to comply with them and be bound by them.
If you do not agree to these Terms, you must not use our site.
We may amend these Terms from time to time as set out in section
Every time you wish to use our site, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in October 2017.
In these Terms:
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
A reference to a party includes its successors or permitted assigns;
A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; a reference to writing or written includes e-mails; and the singular includes the plural and vice versa.
OTHER APPLICABLE TERMS
These Terms refer to the following additional terms, which also apply to your use of our site:
Our Privacy & Cookie Notice, which sets out (i) information about the cookies on our site and (ii) the terms on which we process any personal data we collect from you, or that you provide to us.
CHANGES TO THESE TERMS
We may revise these Terms from time to time.
Every time you use our site, the Terms in force at that time will apply.
CHANGES TO OUR SITE
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE AND UPLOADING CONTENT
Our site may be accessed via web browsers on computers, laptops, tablets and smartphones. Your use of our site and enjoyment of its features and content hosted or made available through our site may vary in functionality, availability and quality depending on the type of device and operating system you use to access our site and the type of account you have. We may change, suspend or cease to provide all or part of our site at any time at our sole 2 discretion without responsibility or liability to you. Our site is currently compatible with devices operating [ ] (or later) or [ ] (or later), in addition to most of the popular web browsers. We cannot guarantee that our site will work with all devices, operating systems and/or web browsers.
Our site is made available to you to use free of charge.
Whenever you make use of a feature that allows you to upload content to our site, such as your comments and any “Facebook likes”, or to make contact with other users of our site, you warrant that any such contribution complies with publicly recognised standards of acceptable use, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next section (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with publicly recognised standards of acceptable content.
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations although that may be the case. We may limit the availability of our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.
RIGHTS YOU LICENCE
By uploading or posting content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user generated content in connection with the use of our site and across different media. You also grant us the right to use the content to promote our site.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all Intellectual Property Rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RESTRICTIONS ON YOUR USE OF OUR SITE
You must not:
- use our site except as expressly permitted by these Terms;
- use our site in any unlawful or fraudulent way or for any unlawful or fraudulent purpose; or
- disrupt, damage or interfere with our site in any way.
NO RELIANCE ON INFORMATION
The content on our site, including as part of any personalised fashion guidance, is provided for general information only. It is not intended to amount to advice on which you should rely (for example in relation to the costs, quality, durability or colours of any items mentioned). You must form your own views before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
As you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of- service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
EVENTS OUTSIDE OUR CONTROL
We will not be responsible for any failure to perform, or delay in performing, any of our obligations under this Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
An “Event Outside Our Control” means any act or event beyond our reasonable control, including, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our 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.
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.
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 to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact email@example.com.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our 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 assume no responsibility for your use of those sites or resources or for any goods and/or services that you order from those sites or resources.
Notices to you
Any notice given by us to you under these Terms must be in writing and may be served by e-mail, by personal delivery to the person notified or its address, or by prepaid post.
Your address for service of notices shall be your e-mail and/or postal address specified in your Customer Account or any other address in England, Scotland or Wales which you have previously notified to us in writing.
Notices to us
Any notice given by you to us must be in writing and maybe served by personal delivery, by pre-paid post or by e-mail at firstname.lastname@example.org . Our address for service of notices shall be our address set out in these Terms.
A notice will be served at the time of personal delivery or 48 hours after it has been placed in the post, or at the time the e-mail was sent by the sender, provided that the sender of the email does not receive an e-mail message stating that the email message has not been received by the intended recipient.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
These Terms are only available in the English language.
If any of these Terms conflict with any terms of an order/subscription, the order/subscription will take priority.
These Terms are between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
As you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you access our site from locations outside the United Kingdom, you are responsible for complying with all applicable local laws.