Delli - Website Terms and Conditions.pdf

4153-9543-0449.5 DELLI WEBSITE TERMS AND CONDITIONS Please read these terms and conditions carefully before using this site. 1. WHAT'S IN THESE TERMS? These terms tell you the rules for using our website ("our site"). 2. INFORMATION ABOUT YOU Your privacy is important to us. Please read our Privacy Policy to understand how we collect, use and share information about you. 3. WHO WE ARE AND HOW TO CONTACT US 3.1 is a site operated by DELLI Limited ("We"). We are registered in England and Wales under company number 13063011 and have our registered office at 9th Floor 107 Cheapside, London, England, EC2V 6DN. Our VAT number is 367 4571 65 GB. 3.2 To contact us, please email [email protected]. 4. BY USING OUR SITE YOU ACCEPT THESE TERMS By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. 5. WE MAY MAKE CHANGES TO THESE TERMS We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. 6. WE MAY MAKE CHANGES TO OUR SITE We may update and change our site from time to time to reflect changes to our services, our users' needs and our business priorities, or for any other reason. We will try to give you reasonable notice of any major changes. 7. WE MAY SUSPEND OR WITHDRAW OUR SITE 7.1 Our site is made available free of charge. 7.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. 4153-9543-0449.5 7.3 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. 8. HOW YOU MAY USE MATERIAL ON OUR SITE 8.1 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. 8.2 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. 8.3 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. 8.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated). 8.5 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. 8.6 If you print off, copy or download any part of our site in breach of these terms of use, 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. 9. DO NOT RELY ON INFORMATION ON THIS SITE 9.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. 9.2 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. 10. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO 10.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. 10.2 We have no control over the contents of those sites or resources. 11. USER-GENERATED CONTENT IS NOT APPROVED BY US 4153-9543-0449.5 Our site may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. 12. HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS 12.1 If you wish to complain about content uploaded by other users, please contact us on [email protected]. 13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 13.1 Whether you are a consumer or a business user: (a) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. (b) Different limitations and exclusions of liability will apply to liability arising as a result of your use of the DELLI Service, which will be set out in the relevant agreement between you and DELLI. 13.2 If you are a business user: (a) We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. (b) We will not be liable to you 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. In particular, we will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage. 13.3 If you are a consumer user: (a) 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. 14. UPLOADING CONTENT TO OUR SITE 14.1 Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with any content standards that we notify you of from time to time (including by posting content standards to the site or to our service), including the content standards set out in these Website Terms and Conditions. 4153-9543-0449.5 14.2 You warrant that any such contribution does comply with those standards, 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. 14.3 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 and other users of our site 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 section headed "Rights you are giving us to use material you upload". 14.4 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. 14.5 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards. 14.6 You are solely responsible for securing and backing up your content. 14.7 We do not store terrorist content. 15. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD 15.1 When you upload or post content to our site, you grant us the following rights to use that content: (a) a 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 service provided by DELLI to which the website relates and across different media including to promote the site or the service, forever; and (b) a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners and/or advertisers to use the content in in connection with the service provided by DELLI to which the website relates, forever. 16. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM 16.1 We do not guarantee that our site will be secure or free from bugs or viruses. 16.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. 16.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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-of4153- 9543-0449.5 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. 17. RULES ABOUT LINKING TO OUR SITE 17.1 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. 17.2 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. 17.3 You must not establish a link to our site in any website that is not owned by you. 17.4 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. 17.5 We reserve the right to withdraw linking permission without notice. 17.6 If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected]. 18. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES? 18.1 If you are a consumer, please note that these terms of use, 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 exclusive jurisdiction except that 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. 18.2 If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales. 19. OUR TRADE MARKS ARE REGISTERED 19.1 DELLI is a UK registered trade mark of DELLI Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under the "How you may use material on our site" section of these Website Terms and Conditions. 4153-9543-0449.5 CONTENT STANDARDS These content standards apply to any and all material which you contribute to our site ("Contribution"), and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. DELLI will determine, in its discretion, whether a Contribution breaches the Content Standards. A Contribution must: • Be accurate (where it states facts). • Be genuinely held (where it states opinions). • Comply with the law applicable in England and Wales and in any country from which it is posted. A Contribution must not: • Be defamatory of any person. • Be obscene, offensive, hateful or inflammatory. • Bully, insult, intimidate or humiliate. • Promote sexually explicit material. • Include child sexual abuse material. • Promote violence. • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. • Infringe any copyright, database right or trade mark of any other person. • Be likely to deceive any person. • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence. • Promote any illegal content or activity. • Be in contempt of court. • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety. • Be likely to harass, upset, embarrass, alarm or annoy any other person. • Impersonate any person or misrepresent your identity or affiliation with any person. • Give the impression that the Contribution emanates from DELLI, if this is not the case. • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse. • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism. For the avoidance of doubt, for any Contribution in the form of video content: 4153-9543-0449.5 • You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material). • You must not upload a video containing harmful material. You must not upload a video containing advertising for any of the following: • cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or • alcoholic drinks that are not aimed specifically at over 18s and/or that do not encourage moderate consumption of alcohol. Any advertising included in a video you upload must not: • prejudice respect for human dignity; • include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation; • encourage behaviour prejudicial to health or safety; • encourage behaviour grossly prejudicial to the protection of the environment; • cause physical, mental or moral detriment to persons under the age of 18; • directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity; • directly encourage such persons to persuade their parents or others to purchase or rent goods or services; • exploit the trust of such persons in parents, teachers or others; or • unreasonably show such persons in dangerous situations. You must use the functionality provided on our site to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.