Terms and Conditions
THINGS YOU WILL WANT TO KNOW
1. OUR DETAILS
1.1 The Fragrance Shop (TFS Stores Ltd) (we, our and us) operates the website.
1.2 The Fragrance Shop (TFS Stores Limited) is a limited liability company incorporated in England and Wales (company number 06789842). Our registered address is Churchill Point Lake Edge Green, Trafford Park Road, Manchester M17 1BL. Our VAT registration number is GB927568090.
1.3 Our contact telephone number is +44 (0) 161 468 1701 and our contact email address is firstname.lastname@example.org.
You need to report to us within 10 days of dispatch if your item has not been received to enable us to investigate the matter with our couriers. Failure to do so will prevent us from resolving the issue for you.
We use Hermes and DPD tracked delivery services. Standard Delivery in the UK takes 2-5 working days. Orders are usually dispatched within 1 working day of being placed. See our delivery page for up to date details of our expected order fulfilment time. Our address labels are created automatically based on the address which you enter.
UK Next Working Day Delivery can be ordered up until 5pm UK Time Monday to Thursday for delivery to a UK address the next working day. Please note Next Working Day Delivery cannot be delivered on a Saturday; any UK Next Working Day Delivery orders placed after 5pm UK time Thursday will be delivered the following Monday, or by Tuesday if ordered before 5pm on Friday. Furthermore we cannot deliver on UK Bank Holidays; please plan accordingly and check our Delivery page for more information on UK Bank Holidays.
UK Next Working Day Delivery to the British Highlands, Islands and Northern Ireland has a delivery estimate of 2 working days and cannot be delivered on Saturdays.
Please note all orders are screened by our order processing team; some Click and Collect orders may take a bit longer than usual to be available for collection.
During periods of severe weather conditions (floods, gales and snow) all of our delivery methods may take longer than expected. In these circumstances, we aim to keep our customers abreast of the situation and will amend our delivery estimates accordingly. However we advise all of our customers to plan their orders with plenty of time, especially when forces beyond our control come in to play.
3. DELIVERY CHARGES
Within the UK, Standard Delivery is FREE on all orders over £40 and £2.99 for orders under £40. Next Working Day Delivery orders over £70 are eligible for FREE delivery (standard price £3.99).
We currently deliver to UK addresses and also various international destinations.
If you would like to find out more information on our delivery times, charges and destinations please visit our delivery page.
For further information on delivery charges not mentioned on our web site, please contact us.
Any customs charges that may be applicable to international orders are the responsibility of the customer and will not be paid by The Fragrance Shop. Any recovery costs associated to non-collected orders may be met by the customer and refunds for uncollected items may not be made.
4. RE-DELIVERY CHARGES
Please ensure that the delivery address you enter is correct. Goods that are returned to us will incur a further delivery charge.
5. TEMPORARILY OUT OF STOCK ITEMS
We update our web site regularly with stock that we have available however, if you order an item and it is out of stock (may be due to unprecedented demand) then we will refund you the amount for the item and any associated services such as delivery or gift wrapping.
If you order multiple items and some items are temporarily out of stock (may be due to unprecedented demand) then we will send you the items that are currently in stock and refund you the amount for the items not currently in stock.
6. RETURNS POLICY
You are responsible for checking that goods are correct when you receive them without opening them or removing the cellophane wrapper.
If you receive an item that is faulty or incorrect, you must notify us within 72 hours. We will repair or replace the goods or refund your payment, as appropriate.
You must retain all original packaging, including outer packaging, to use if returning the goods. If the goods are incorrect you must return them without removing the cellophane wrapper.
For full information about how to return an item, please view our returns page.
7. CANCELLATION OF YOUR ORDER
You have the right to cancel your order within 7 days of receipt of goods. This cancellation period commences the day after the day you receive the goods.
To cancel your order, please write a letter or send an email stating that you wish to exercise your right to cancellation, including your full name, address, and order number. Your item must be re-packaged securely and sent so that it reaches us within seven working days of the date that your order was delivered to you.
Please note that you will be responsible for the costs of returning the goods to us unless we delivered items to you in error or the item is faulty. If you do not return the item within seven working days, we may arrange for collection of the item from your residence at your cost.
If you cancel your order after the delivery process has started you will be liable for any services included in the order such as postage & packing and/or gift wrapping. Upon receipt of notice of cancellation, we will refund the relevant part of the purchase price for the products in your order within 30 days.
8. CUSTOMS AND IMPORT DUTIES
When ordering goods for delivery overseas, your order maybe subject to import duties and taxes which are levied once the package reaches your country. Any additional charges for customs clearance must be borne by you.
Please note that you are considered the importer and must comply with all laws and regulations of the country in which you are receiving the goods.
International deliveries are subject to opening and inspection by customs authorities.
9. UNDELIVERED ITEMS
If an item fails to arrive with you after being dispatched by ourselves we have to wait 15 working days (10 working days for next day delivered items) from the date of dispatch before we can offer a refund or redelivery of that item.
This is due to the fact our couriers will not consider an item lost until this point, so it is still likely that the item will still arrive.
If the item doesn’t arrive within this period, we will ask you to sign and return a form confirming that you have not received your order before we process a refund or a redelivery.
Please note that any non-delivered items must be reported to us in writing or email within 10 days of despatch. Any issue reported to us outside of this time period will not be able to be refunded or replaced.
10. VOUCHERS, PROMOTIONS AND COMPETITIONS
From time to time, we (or selected third parties) may include competitions, promotions, vouchers or other offers on the website. Each such offer and or voucher shall be subject to its own express terms, however, each offer or promotion will be subject to availability at all times, and cannot be used in conjunction with any other voucher or offer. Expiry dates will be clearly displayed. It will also be displayed whether or not this offer is redeemable online/in-stores. Your statutory rights are not affected.
Coupons, discounts and promotional discount codes offered in high-street The Fragrance Shop stores are valid only for use as part of a purchase made in our stores, unless otherwise stated.
Vouchers and promotions entitle customers to a discount off the current selling price of any product at The Fragrance Shop in a single transaction. To redeem online, enter the code in the voucher code box at checkout. One code per transaction, maximum 5 units per purchase. No cash alternative will be offered. Promoter has the right to refuse invalid offer codes. Promoter reserves the right to amend or withdraw the offer at any time.
Entrants from the UK and NI only - any entrants from outside these regions will be disqualified and prizes are none transferable. The Fragrance Shop reserves the right to substitute any of the products listed for ones of similar market value. The Fragrance Shop reserves the right to amend and/or withdraw the competition at any time without prior notice. Social Media winner’s names and towns are available by sending a SAE to ‘Social Media Competition’, The Fragrance Shop, Churchill Point, Lake Edge Green, Trafford Park Road, Manchester, M17 1BL within 60 days of the competition closing.
Win A Prize A Day Promo: Only one winner per day. Winner chosen at random. Winner will be contacted within 1 week of promotion end date (18/10/18). If chosen winner does not respond within this period, prize will not be rewarded. Prize won is worth up to £200.
Prize cannot be exchanged. This prize is not transferable and no cash alternative will be offered. Promoter: TFS Stores Limited, Churchill Point, Lake Edge Green, Manchester, M17 1BL. Registered in England. Company registration number 6789842, trading as Indulge Beauty.
11. WEBSITE IMAGES, DESCRIPTIONS AND PRICING
We undertake all reasonable care to ensure that all the details, prices and descriptions of website products are accurate at the time when the appropriate information was entered onto our system (E&OE).
Whilst we endeavour to keep the website as up-to-date and accurate as is possible, there may be rare occasions when the information on the website (including product descriptions, stock and pricing) at a certain time may not reflect the position exactly at the point an order is placed.
Free gifts with purchase are subject to availability. On rare occasions, free gifts may be advertised when they are no longer available. In these instances, we reserve the right to offer no replacement item.
All product photography is for illustrative purposes only, and the actual item may vary in colour, design and product size.
12. FORMATION OF A BINDING CONTRACT
The Fragrance Shop considers an order to be a binding contract from the point of that order being dispatched to you from our warehouse. Until that point we reserve the right to cancel the contract at any time. If we chose to end this contract we will notify you in writing as soon as possible and refund any transactions within 7 working days.
13. BULK ORDERS
Our agreements with the major brand houses include clauses where we agree not to sell cosmetics and fragrance on for the purpose of resale. Where we suspect that customers are buying large numbers of items for the purposes of reselling them, we reserve the right to cancel these orders at any point up the item being dispatched. Due to this restriction, we reserve the right to cancel any orders of 5 or more units.
14. FREE SAMPLES WITH ONLINE ORDERS
Some products (e.g. Fragrance) may contain free samples with orders placed via the website. It may be the case however, for some delivery methods such as 'Click & Collect'', the sample vials may be exchanged for alternative sampling experiences in store on collection.
15. GIFT CARDS
Activated gift cards can be redeemed in full or part payment for any goods in The Fragrance Shop stores or online.
The gift card cannot be exchanged for cash or any other vouchers.
The balance of your gift card can be checked in-store or online.
No change will be given as part of a gift card transaction, but any remaining balance can be used for future purchases.
In the event that the balance on the card is not redeemed after 12 consecutive months the gift card will automatically expire and the remaining balance will be cancelled.
The Fragrance Shop cannot replace or reimburse the card if it is lost or stolen.
You are not able to top-up an existing gift card online (this must be done in-store) and expired or de-activated cards cannot be re-used.
In the event you would like to cancel an order where you have used a Gift Card as payment or you have any questions or concerns please contact customer service.
We reserve the right to amend these terms and conditions. Any change will be notified on our website.
16. SOURCE - THIERRY MUGLER
*Saving shown is based on the 2013 Recommended Retail prices of the Source refill vs. the Recommended Retail Price of the equivalent refillable bottle.
To be eligible to purchase an online refill, you must first own a refillable bottle. The refill of bottles is undertaken in our warehouse and requires the customer to send their empty refillable bottle to The Fragrance Shop. If customers do not own a refillable bottle they can purchase one through the website.
After purchasing an online refill of Thierry Mugler Source Eau de Parfum Alien or Angel, our Customer Care team will be in touch with you either over the telephone or via email to let you know the process, which is as follows:
- Receive a free Collect+ returns label to affix to your package from our Customer Care team via email. This entitles you to return your bottle to The Fragrance Shop for free;
- Carefully package your empty refillable bottle of Thierry Mugler Angel or Alien Eau de Parfum in a sturdy cardboard box;
- Send the package to our head office address, of which our Customer Care representative will inform you;
- Upon receiving your empty refillable Thierry Mugler Eau de Parfum bottle, we will refill, process payment of your order and return your refilled bottle along with any other items in your order.
NB your order total will include the cost of the refill, any other items in your order, and the cost of delivering your order. If the order total amounts to more than £40, there will be no cost chargeable to you for delivery. If your order consists of other items as well as the refill, please note that these items will not be dispatched until we receive your refillable Thierry Mugler Eau de Parfum bottle to refill.
We cannot accept any responsibility if the bottle is damaged in transit. We also offer the refill service in-store. Simply take your refillable bottle to The Fragrance Shop, pay for a refill and it will be refilled while you wait.
Please check the separate terms and conditions for the individual codes. Please be aware that all Creed and Escentric Molecules are excluded from all discount codes and special offers.
18. FLASH SALES
Please note that discounts for Flash sales will be automatically applied at checkout during the specified times of the promotion. Online times may differ to the in-store times so please do check before you visit to avoid missing the promotions. The automatically applied code cannot be used in conjunction with any other codes or offer. Maximum of 5 units per transaction. Discount cannot be used against gift cards, Creed and Escentric Molecule products.
19. FREE GIFT OVER PROMOTION
Subject to availability whilst stock last. This promotion is not valid on Chanel fragrances.
20. NEWSLETTER SIGN UP
Sign up to our newsletter to receive voucher codes and offers. Offers cannot be used in conjunction with any other discount codes. One code per transaction, maximum 5 units per transaction. Offer valid online only and will only be valid once. Discounts cannot be used against gift cards or Creed and Escentric Molecule products. By signing up for our newsletter, or, on registering for an online account and agreeing to receive our money-off discounts & promotions, you are agreeing to receive them by email or SMS.
THE MORE DETAILED LEGAL PART
21. YOUR RESPONSIBILITY FOR OTHERS WHO ACCESS OUR WEBSITES USING YOUR DEVICE(S) OR INTERNET CONNECTION
22. OTHER DOCUMENTS GOVERNING YOUR USE OF OUR WEBSITES
(c) Our terms of sale govern any purchases or orders you make for goods or services on our websites. They set out the status of any orders placed, the contract terms relating to delivery and performance of those orders, any exclusions that apply to you and other relevant terms relating to our supply of goods, services or digital content.
23. AVAILABILITY OF OUR WEBSITES
23.1 We make no representations and provide no warranties that:
(a) the websites will be made available at any specific time or from any specific geographical location;
(b) your access to the websites will be continuous or uninterrupted; or
(c) the websites will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.
23.2 We reserve the right to suspend access to all or part of the websites for any reason, including for business or operational reasons, such as improving the appearance or functionality of the websites, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the websites for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.
23.3 Our websites are provided for users in the United Kingdom only. Although it may be possible to access the websites from other countries, we make no representation that our websites are compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on the websites will be appropriate for users in other countries or states.
(a) to reflect any changes in the way we carry out our business;
(b) to account for any changes we make to our websites, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the websites;
(c) to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;
(e) to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.
25. YOUR ACCOUNT DETAILS
25.1 If we provide you with account information such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.
25.2 Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this websites, and do not use information from other accounts you may hold with other websites or any easily discoverable personal information. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.
25.3 You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.
25.5 If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at email@example.com.
26. OWNERSHIP OF MATERIAL ON OUR WEBSITES
26.1 All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our websites and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the websites and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.
27. INFORMATION AND CONTENT ON OUR WEBSITES PROVIDED ON NON-RELIANCE BASIS
27.2 The content on our websites are not intended to be construed as advice. You must not rely on any of the content of our websites for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our websites from time to time.
27.3 We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our websites from time to time are accurate, up to date or complete.
28. PERMITTED USE OF MATERIALS ON OUR WEBSITES
28.1 The content on our websites are provided for your personal, private and non-commercial use only. You may print or share the content from our websites for lawful personal purposes, private and non-commercial purposes, and you may also make others within your organisation aware of the content on our websites. You may not otherwise extract, reproduce or distribute the content of our websites without our prior written consent.
28.2 Whenever you print, download, share or pass on content from our websites to others, you must not make any additions or deletions or otherwise modify any text from our websites, you must not alter or change any images, media or graphics from our websites in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our websites.
28.3 You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our websites without our prior written consent.
28.4 Whenever you pass on any content or materials from our websites to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.
29. PROHIBITED USES OF OUR WEBSITES
29.2 You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our websites or any part of it, our systems, any of our hardware or equipment or any networks on which our websites are hosted, any software that we use to create or modify the websites or to make the websites available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
(a) for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
(b) for any fraudulent purposes whatsoever;
(c) to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;
(d) to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the websites, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
(e) to communicate with, harm or attempt to harm children in any way; or
29.4 You must not submit to us any personal information about you if you are under the age of 18, or about any other person who is either:
(a) under the age of 18; or
(b) if they are aged 18 or above, where you have not received their prior written consent to submit personal information about them to us.
30. VIRUSES AND OTHER HARMFUL CONTENT
30.1 We do not guarantee that our websites does not contain viruses or other malicious software.
30.2 We shall not be responsible for any bugs or viruses on our websites, any such software that might be transferred to your computer from our websites, or any consequences which the presence or operation of such programs may have.
30.3 You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.
30.4 You must not upload or otherwise introduce to our websites any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.
30.5 You must not use any third parties, software or technology to attempt to gain unauthorised access to our websites, our servers, systems, hardware, software or data.
30.6 You must not attempt to perform any denial of service type attack on our websites.
30.7 You must not perform any action which would contravene the Computer Misuse Act 1990.
30.8 We may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.
31. LINKS TO OTHER WEBSITES
31.1 Links to third party content or websites may appear on our websites from time to time. We are not responsible for the content of any websites accessible via any link(s) on our websites. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our websites, suitable or appropriate for use or viewing, lawful or accurate.
32. LINKS TO OUR WEBSITES
32.1 You may not link to our websites without our prior written consent.
32.2 Where you have obtained our consent to link to our websites:
(b) wherever you post a link to our websites on any other websites, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and
(c) you must not link to our websites in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.
32.3 We may withdraw permission to link to our websites at any time. In the event that we withdraw permission to link to our websites and inform you of the same, you must immediately remove or cause to be removed any links to our websites.
33. EXCLUSIONS AND LIMITATIONS OF LIABILITY
33.1 We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
33.2 If you purchase goods or services from our websites, different exclusions of liability may apply.
33.3 SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:
(a) YOUR USE OF OUR WEBSITES;
(b) ANY CORRUPTION OR LOSS OF DATA;
(c) ANY INABILITY TO ACCESS OUR WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITES (FOR ANY REASON WHATSOEVER);
(d) ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITES, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
(e) ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;
(f) ANY LOSS OF REPUTATION OR GOODWILL;
(g) ANY LOSS OF SAVINGS;
(h) ANY LOSS OF A CHANCE OR OPPORTUNITY; OR
(i) ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,
AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.
33.4 WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
33.5 You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
33.6 YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITES, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITES, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
33.7 To the extent that any of the provisions of this clause 35 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
34.1 You (and also any third party for or on behalf of whom you operate an account or activity on the websites) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the websites or those conducted on your behalf):
(a) your uploads, access to or use of the websites;
(c) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
(d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
(e) any misrepresentation made by you.
34.2 You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
35.1 THE WEBSITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
(a) THE SERVICE;
(b) THE WEBSITES CONTENT;
(c) USER CONTENT; OR
(d) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITES.
IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
35.3 BY ACCESSING OR USING THE WEBSITES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
35.4 WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
36. AGE RESTRICTIONS ON USE OF OUR WEBSITES
36.1 Our websites and any products or services available on or via the websites are strictly only for use by individuals over the age of 18 years.
36.2 IF YOU ARE UNDER THE AGE OF 18, YOU MUST NOT USE OUR WEBSITES, PURCHASE OR ATTEMPT TO PURCHASE ANY OF OUR PRODUCTS OR SERVICES, OR SUBMIT ANY PERSONAL INFORMATION TO US.
36.3 We do not knowingly or intentionally process the personal information of any individual under the age of 18.
37. GOVERNING LAW AND JURISDICTION