INTRODUCTION
Thank
you for accessing www.CybershopUK.com ("this
Website"). This Website is operated by CybershopUK
Dot Com Limited. When you access this Website
or use any service offered by us on it ("the
Service") you will be subject to the following
terms ("these Terms"). They apply to you
and, if you use this Website for commercial
reasons, they will also apply to the company
or organisation for whom you work. Please
read these Terms before using this Website.
Unless explicitly stated otherwise, any
new features that augment or enhance the
current Service shall be subject to these
Terms.
ACCEPTANCE OF TERMS
By
using this Website you signify your acceptance
of these Terms in return for which we grant
you access to the Service. If at any time
you do not wish to accept these Terms then
you should not use this Website. This Website
contains links to other websites, web pages
and services (including International Shopping
Malls) operated by us or our affiliates
(the "Cybershop Sites"), and your use of
each Cybershop Site is also subject to these
Terms and the other terms and guidelines
(if any) contained within each Cybershop
Site. In the event that any of the terms,
conditions and notices contained herein
conflict with the terms and guidelines contained
within any particular Cybershop Site, then
the terms and guidelines relating to the
particular Cybershop Site shall prevail.
From time to time we may change these Terms.
Accordingly, please continue to review these
Terms whenever accessing or using this Website.
If we change these Terms then we will endeavour
to post a notice on this Website drawing
the changes to your attention.
THE
SERVICE
In
order to use the Service, you must obtain
access to the World Wide Web either directly
or through devices that access web-based
content, and pay any service fees associated
with such access. In addition, you must
provide all equipment necessary to make
such connection to the World Wide Web, including
a computer and modem or other access device.
You understand and agree that the Service
is provided "AS IS" and that we assume no
responsibility for the timeliness, deletion,
mis-delivery or failure to store any user
communications or personalisation settings.
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial
purposes, any portion of the Service, use
of the Service, or access to the Service.
We reserve the right at any time and from
time to time to modify or discontinue, temporarily
or permanently, the Service (or any part
thereof) with or without notice. You agree
that we shall not be liable to you or to
any third party for any modification, suspension
or discontinuance of the Service.
DEALINGS
WITH MERCHANT
Any
dealings between you and any advertisers
or merchants found on or via this Website,
including the payment for and delivery of
products or services, and any other terms,
conditions, warranties or representations
associated with such dealings, are solely
between you and the relevant advertiser
or merchant. You agree not to hold us liable
for any loss or damage of any kind incurred
as a result of any such dealings. We expressly
disclaim any responsibility or liability
for any damage, loss or injury arising out
of:
-
the activities of any merchant
-
the goods or services offered or the content
displayed by any of the merchants
-
your purchase of, or inability to purchase,
any merchant's goods or services
We
take seriously the issue of your privacy.
We provide your credit number, billing and
delivery information to participating merchants
from whom you buy goods or services. The
merchants are solely responsible for how
they use that information and any other
information they independently acquire from
you or about you. For more information,
please read our privacy policy below. We
also take seriously the issue of security.
Every time you send us your credit card
number and your billing and delivery information,
(we use the industry-standard Secure Sockets
Layer (SSL) technology to prevent the information
from being intercepted.) (We also encrypt
your credit card number when we store your
order and whenever we transfer that information
to participating merchants.)
DOWNLOAD
RIGHTS
The
content of this Website ("the Content")
is provided to facilitate your use of the
Service. You acquire no rights or licences
in or to the Website and/or the Content
other than the right to use them to facilitate
such use. You may not offer for sale or
sell the Content or any part thereof. You
may not use the Website or the Content to
construct a database of any kind, store
the Website (in its entirety or in any part)
in databases for access by you or any third
party, or distribute any database websites
containing all or part of the Website. If
you want to obtain our permission to use
the Website or any of the Content other
than as described in these Terms then please
contact info@CybershopUK.com
INTELLECTUAL
PROPERTY
This
Website, including the Content, is protected
by copyright and/or other proprietary rights.
The Content may include content owned and
controlled by merchants or other third parties
and licensed to us. All individual descriptions,
specifications, images and other elements
making up this Website may be copyright
works. You agree to abide by all additional
copyright notices or restrictions contained
on this Website. You have no ownership rights
or licences in any of our trading names,
trademarks or in the Content except for
the right to use this Website and to download
and use the Content in accordance with these
Terms. You agree to email us at info@CybershopUK.com
as soon as you become aware of any unauthorised
use of this Website by anybody, or of any
claim that this Website, or any of the Content,
infringes any copyright or other rights
of any other party. We may, in appropriate
circumstances and at our discretion, remove
or disable access to material on this Website
that infringes on the rights of others.
HYPERLINKS
You
may not make this Website available as part
of another website, whether by hyperlink
or otherwise, without first obtaining our
prior written consent to do so. If you want
to obtain our consent then please contact
info@CybershopUK.com. Websites or pages
that we have linked to this Website are
for your information only, and products
and service information on them are the
sole responsibility of each individual supplier.
We have no responsibility for the content
of these websites or pages and we accept
no responsibility or liability for any losses
or penalties that you may incur as a result
of that content. References to any products,
software, services, hypertext links to third
parties or other information by trade name
or otherwise do not necessarily constitute
or imply their endorsement by us.
ACCURACY
OF INFORMATION
While
we have endeavoured to ensure the accuracy
of the information accessed via this Website,
you acknowledge and agree that much of such
information has been provided to us by merchants
and that we therefore cannot guarantee or
give any warranty as to its accuracy, timeliness
or completeness. Under no circumstances
will we be liable in any way for any loss
or damage of any kind incurred as a result
of the use of any Content posted, emailed
or otherwise transmitted via the Service.
We may change the Content, or the specifications
of products or services, from time to time,
or withdraw certain products or services.
Information published on this Website may
contain references or cross references to
certain products or services that are not
announced or available in your country.
You should contact the relevant merchant
direct for information regarding the products
and services that may be available to you.
PRIVACY
POLICY
This
privacy policy applies to any personal information
which is given by you to us ("User Information")
via this Website. When using this Website
you will encounter areas such as registration
forms where you may be asked to enter User
Information. Such User Information will
only be used for the purposes stated at
the collection point or in accordance with
this privacy policy. If you choose not to
register or provide User Information you
can still use parts of this Website. However,
you will not be able to access areas that
require registration. In addition, you should
be aware that information and data may be
automatically collected through the use
of "cookies". "Cookies" are small text files
a website can use to recognise repeat users
and allow us to observe behaviour and compile
aggregate data in order to improve this
Website and to target its advertising. Cookies
do not attach to your system and damage
your files. If you do not want information
collected through the use of cookies, there
is a simple procedure in most browsers that
allows you to deny or accept the cookie
feature.We will use your User Information
for the following primary purposes:-
-
to make this Website easier for you to
use by not having to enter information
more than once.
- to
help you quickly find products, services
or information on this Website.
- to
help us create Content most relevant to
you.
- to
alert you to new products or Shops, special
offers, updated information and other
new services available from this Website.
- to
perform statistical analyses of user behaviour
and characteristics in order to measure
interest in, and use of, the various areas
of this Website and to inform advertisers
of such information and of the number
of users that have been exposed to, or
clicked on, the advertising banners. We
will provide only aggregated data from
these analyses to third parties.
We
may in the future decide to sell, trade
or rent your User Information to third parties.
In doing so we are aware of, and we will
comply with, our obligations under current
data protection legislation in the UK. You
may tell us not to sell, trade or rent your
User Information by contacting us at info@CybershopUK.com.
In addition, you may "opt out" of receiving
promotional and/or marketing information
about other products, services and offerings
from us and/or any third parties. If you
make a purchase from a merchant hosted by
us the information obtained during your
visit to that merchant, and the information
you give such as your credit card number
and contact information, will be provided
to the merchants. This is to enable transactions
to take place.
We
have advised all merchants on this Website
to have separate privacy and data collection
policies. We have no responsibility or liability
for these independent policies. For more
information regarding the merchant, their
store, and their privacy policies, you should
return to that merchant's Shop.
You
may notify us of any updates, amendments
and corrections to previously collected
User Information by contacting us at info@CybershopUK.com.
In addition, upon your request, we will
use commercially reasonable efforts to delete
your User Information from our database.
If you have any questions about our use
of your personal details then please contact
us at info@CybershopUK.com
DISCLAIMER
OF WARRANTIES
THIS
WEBSITE, THE CONTENT AND THE SERVICE ARE
PROVIDED "AS IS" AND "AS AVAILABLE" AND
ALL WARRANTIES OF ANY KIND ARE EXCLUDED
AS FAR AS IS PERMITTED UNDER APPLICABLE
LAW INCLUDING (BUT NOT LIMITED TO) THE EXCLUSION
OF WARRANTIES OF TITLE, MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY
OR THIRD PARTY RIGHTS.
WE
MAKE NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCEPTABLE TO YOU AND (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION OR
OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THIS WEBSITE OR THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED FROM US
BY YOU OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THESE TERMS.
We
do not guarantee that this Website is compatible
with your computer hardware and software.
We are also not responsible for the reliability
or continued availability of the telephone
lines and equipment you use to access this
Website. If you are a consumer, these Terms
do not affect your statutory rights or legal
rights.
LIABILITY
You
acknowledge that you use this Website, including
the Contents, and the Service at your own
risk. If you are dissatisfied with this
Website, these Terms, any or the Content
or the Service then your only remedy is
to stop using this Website. YOU EXPRESSLY
UNDERSTAND AND AGREE THAT WE SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM, (i) THE USE OR
THE INABILITY TO USE THE SERVICE, (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE (iii) UNAUTHORISED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THIS WEBSITE OR THE SERVICE,
OR (v) ANY OTHER MATTER RELATING TO THIS
WEBSITE OR THE SERVICE. Please note that
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 and exclusions
may not apply to you.
PROHIBITED
ACCESS
You
access this Website on your own initiative
and you are responsible for complying with
local laws and regulations. This Website
is not meant to be used in any jurisdiction
where, for any reason, the publication or
availability of this Website or the provision
of the Service (or any part of it) is prohibited.
We do not represent that this Website complies
with laws in all jurisdictions. You should
seek legal advice if you are in doubt, and
if necessary you should not access this
Website.
FORCE MAJEURE
If
there is any failure or delay in performance
of our obligations resulting from events
or circumstances not reasonably within our
control, we will not be liable or have any
responsibility of any kind for loss or damage
incurred by you.
EXPORT CONTROL
You
agree not to export from anywhere any part
of the information provided to you or any
direct product thereof except in compliance
with all licences and approvals required
under applicable export laws, rules or regulations.
TERMINATION
We
shall have the right immediately to terminate
your use of this Website if we determine,
in our sole discretion, that you have breached
these Terms, or otherwise been engaged in
conduct which we determine, in our sole discretion,
to be unacceptable.
MISCELLANEOUS
Each
provision of these Terms stands alone and
if any provision is, or becomes, invalid
or contravenes any applicable regulations,
the remaining provisions will not be affected.
You acknowledge that in accepting these
Terms you have not relied upon (and that
we have not made) any statements, promises
or given any opinions or recommendations
whatsoever that are not expressly contained
in these Terms. Our right and remedies under
these Terms are cumulative and are not exclusive
of any rights or remedies provided by law
or by any other agreement. If at any time
we waive any breach of any obligation arising
under these Terms then that does not mean
we have waived any other breach, and we
shall subsequently have the right to enforce
all obligations. Governing law and jurisdiction
These Terms are governed by the laws of
England and Wales and you irrevocably agree
that the courts of England are to have exclusive
jurisdiction in relation to any claim that
you may bring against us arising out of
a dispute relating to these Terms, this
Website or the Service.
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