TERMS OF USE
TERMS OF USE
Your use of this website on which these
terms reside (the "Site"), and the content and services on this Site
are subject to these Terms of Use (or “Terms”), which may be updated from time
to time.
Please read these Terms
carefully before using this Site.
The Site is owned or controlled
by MePrecious Ltd .
By accessing this Site in any way, you
agree to and are bound by the terms, conditions, policies and notices contained
in these Terms.
From time to time we may update this Site
and these Terms. Your use of this Site constitutes your agreement to the Terms
and any updates of said Terms. Please review these Terms periodically to ensure
that you are familiar with the most recent version.
MISUSE OF THE SITE
You will not use any electronic
communication feature of the Site for any purpose that is unlawful, tortuous,
abusive, intrusive on another's privacy, harassing, libelous, defamatory,
embarrassing, obscene, threatening, or hateful, all as determined by MePrecious
in its sole and absolute discretion;
You will not upload, post, reproduce, or
distribute any information, software, or other material protected by copyright
or any other intellectual property without first obtaining the permission of
the owner of such rights;
You will not upload, post, email, or
otherwise transmit any material that contains viruses or any other computer
code, files, or programs which might interrupt, limit, or interfere with the
functionality of the Site or any computer software or hardware or
telecommunications equipment.
From time to time on certain areas of our Site you may be able to submit
product reviews, questions, written posts/responses, images, and certain other
materials ("User Content"). By using these features, you agree that
you will not submit or post any content that is unlawful, harmful, tortuous,
defamatory, libelous, obscene, invasive of the privacy of another person,
threatening, harassing, abusive, hateful, racist, infringing, pornographic,
violent or otherwise objectionable or inappropriate as determined by
MePrecious; that you will not submit or post any content that contains personal
information about any individual, violates the privacy/publicity of any other individual
or entity, or includes anything that you are under a contractual obligation to
keep private or confidential; that you will not impersonate any person or
organization, including without limitation, the personnel of MePrecious, or
misrepresent an affiliation with another person or organization; and that you
will not submit or post any content that contains viruses, corrupted files, or
any other similar software or programs that may adversely affect the operation
of the Site, or features of the Site.
You have no ownership rights to any account you may have with MePrecious or
other access to the Site, your User Content, or other features therein.
MePrecious may cancel your account and delete all User Content associated with
your account at any time, and without notice for any reason at MePrecious's
sole discretion. MePrecious reserves the right to permanently restrict access
to the Site or a user account.
By displaying, publishing, submitting or otherwise posting any User Content on
or through the Site, you hereby irrevocably grant to MePrecious a
non-exclusive, fully sub-licensable, non-revocable, perpetual, worldwide,
fully-paid, royalty free license to use, modify, publicly perform, publicly
display, broadcast, publish, reproduce, and distribute such User Content in any
and all media without the requirement to make payment to you or to any third
party or the need to seek your or any third party permission. Further, you
waive all moral rights in and to all User Content that you post, upload or
otherwise submit to or through, the Site in favor of MePrecious.
You represent and warrant that you own all of the User Content submitted,
displayed, published or posted by you on the Site, and the displaying,
publishing or posting of any content you submit, and our use thereof does not
and will not violate the privacy rights, publicity rights, copyrights,
trademark rights, patents, contract rights or any other intellectual property
rights or other rights of any person or entity.
You agree to indemnify and hold MePrecious, its subsidiaries, franchisors,
franchisees, licensors, licensees, officers, employees, shareholders and
website contractors and each of their officers, employees and agents harmless
from any claims, damages and expenses, including reasonable attorneys' fees and
costs, related to your violation of these Terms or which arises from the use of
any content including User Content that you submitted, posted, or otherwise
provided to MePrecious or this Site.
ACCOUNTS, PASSWORDS, AND SECURITY
Certain areas of the Site require
registration or otherwise ask you to provide information to participate in
certain features or access certain content.
If the Site requires you to create an
account or otherwise submit information, you must complete the specified process
by providing us with current, complete, and accurate information as requested
by the applicable registration form. It is your responsibility to maintain the
completeness, and accuracy of your registration data, and any loss caused by
your failure to do so is your responsibility. During the registration process,
you will be asked to enter your name and valid e-mail address and choose a
password. It is entirely your responsibility to maintain the confidentiality of
your password and account. Additionally, you are entirely responsible for any
and all activities that occur under your account. You agree to notify
MePrecious immediately of any unauthorised use of your account. You further
agree not to email, post, or otherwise disseminate any user ID, password, or
other information which provides you access to the Site. MePrecious is not
liable for any loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge, and is not
responsible for any delay in shutting down your account after you have reported
a breach of security to us.
USE OF CREDIT CARD
If you wish to purchase any product or
service made available through the Site, you may be asked to supply certain
information relevant to your transaction, including without limitation your
credit card number, security code, the expiration date of your credit card,
your billing address, and your shipping information. By submitting such
information, you grant us the right to provide such information to third
parties for purposes of facilitating the completion of transactions initiated
by you or on your behalf and their payment. Verification of information may be
required prior to the acknowledgment or completion of any transaction.
TERMS OF SALE
The site allows, inter alia, the choosing
and purchasing of products from the items appearing on the site in an easy,
convenient and quick manner. In order to place an order you must first choose
the product, and the size. For each product or service offered on the
site a “product page” will be displayed upon which the details pertaining to
the item or the service offered will appear and the sale price ("The
Order" and “The Product Page”). Your attention is drawn to the fact that
MePrecious is entitled to revise the Product Page from time to time and to add
or remove products that are no longer in stock, to add colors and/or change
sizes and to update and/or change the product's price from time to time.
In order to purchase an item you shall be
requested to deliver your details such as name, address, electronic mail
address, telephone number and credit card number and/or PayPal details
("Payment Method"). Upon placing the order MePrecious will run a
check pertaining to Payment Method and upon receiving the order confirmation,
will deliver appropriate notification that the order was approved.
In the event that an item is no
longer in stock and/or there is a problem with supplying said item, due to
whatever reason, MePrecious will be entitled to cancel the order. In such a
case, you will be entitled to receive a refund.
MePrecious reserves the right to limit the
number of items in each order.
MePrecious undertakes reasonable efforts to
accurately display the attributes including size and color, of its products, including
the applicable colors and images; however, the actual color or image you see
will depend on your computer system, and we cannot guarantee that your computer
will accurately display such colors or correct image.
Despite our best efforts, occasional pricing
and other errors may occur on the Site. MePrecious is not responsible for
typographical, pricing or other errors. Products and prices of products
described on the Site are subject to change at any time without notice.
MePrecious reserves the right to revise pricing and other terms and to cancel
any order you have placed if there was an error concerning the price or
availability or the description of any item you ordered when you placed the
order, even if you have received an order confirmation. If your credit card has
already been charged for the purchase and your order is cancelled, MePrecious
will issue a credit to your credit card account for the amount of the charge.
A valid credit/debit card (as detailed
under payment options when ordering), or PayPal Account is required for
payment.
The prices quoted on the Site may exclude
Sales Tax and duties. The client will be responsible for any Sales Taxes or
duties that may be applicable and charged at the time of delivery by customs or
their agents.
Orders already in the shipping process
cannot be modified or canceled. Payment conducted via the PayPal site and using
PayPal services are subject to the terms and conditions set by PayPal.
It is your responsibility to ascertain and obey all applicable local, state,
federal, and international laws in regard to the possession, use, and sale of
any item purchased from the Site. By placing an order, you represent that the
products ordered will be used only in a lawful manner.
SHIPPING
MePrecious currently ships to the Europe.
At this time, MePrecious is unable to ship to any other international locations
outside of the mentioned locations. Please refer to the Shipping section of the
site for updates on shipping destinations.
Separate charges for shipping will be added
to the price of the products ordered. Title to all products and risk of loss or
damage will pass to the buyer upon shipment from MePrecious.
PROMOTIONS
Any promotions made available through the
Site may be governed by rules that are separate from these Terms. If you
participate in any promotions, please review the applicable official rules. If
the official rules for a promotion conflict with these Terms, the promotion
official rules will apply.
INTELLECTUAL PROPERTY
Content on this Site is provided by
MePrecious.
The name "MePrecious"
graphics, photographs, images, models, text, files, trademarks, logos, product
and program names, slogans, and the compilation of the foregoing
("MePrecious Content") is the property of MePrecious and is protected
under trademark, copyright, and other intellectual property laws.
You agree not to download, display, copy or
use any MePrecious Content for any purpose (commercial or non-commercial), in
any manner, including in a manner that is likely to cause confusion, that
disparages or discredits MePrecious, that dilutes the strength of MePrecious's
property, or that otherwise infringes MePrecious's intellectual property
rights. Nothing contained on this Site should be construed as granting any
license or right to use any MePrecious Content.
REPRESENTATIONS AND LIMITATIONS OF LIABILITY
MePrecious makes every effort to keep the
site up-to-date but cannot guarantee that this site and its contents are
completely free of technical errors. We are also not liable for any damages
associated with use of this site however caused.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR
ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU DOWNLOAD ANY MATERIALS FROM
THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME
FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT
ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE
SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND
AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE
THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MePrecious NOR
ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER
SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR
FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR
INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES
ADVERTISED IN OR OBTAINED THROUGH THE SITE, MePrecious'S REMOVAL OR DELETION OF
ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF MePrecious, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT
LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE,
NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND
ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT NEITHER MePrecious NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.
MePrecious's total liability for any claim
howsoever arising shall not exceed the price of the goods supplied by
MePrecious to the customer, together with any postage costs incurred.
MePrecious shall not be liable for any consequential customer loss whether this
arises from a breach of duty in contract or in any other way.
INDEMNIFICATION
You agree to indemnify, defend and hold
harmless MePrecious and its officers, directors, employees, contractors,
agents, licensors, franchisees, service providers, subcontractors and suppliers
from and against any and all losses, liabilities, expenses, damages and costs,
including reasonable attorneys' fees and court costs, arising or resulting from
your use of the site and any violation of these Terms of Use. If you cause a
technical or other disruption to the site or the systems, you agree to be
responsible for any and all losses, liabilities, expenses, damages and costs,
including reasonable attorneys' fees and court costs, arising or resulting from
that disruption.
THIRD PARTY WEBSITES
This Site may hyperlink to sites not
maintained by or related to MePrecious. Such hyperlinks are not sponsored by or
affiliated with this Site or MePrecious, and MePrecious does not endorse and
makes no representations or warranties about the content, completeness, or
accuracy of those third party sites. Information you submit at a third party
site accessible from this Site is subject to the terms of that site's privacy
policy, and MePrecious has no control over how your information is collected,
used, or otherwise handled.
JURISDICTION
The Site is controlled and operated by
MePrecious from within the United Kingdome, and is not intended to subject
MePrecious to the laws or jurisdiction of any country other than that of the
UK. We may limit the availability of the Site, in whole or in part, to any
person, geographic area or jurisdiction we choose, at any time and in our sole
discretion. These Terms will be governed by and construed in accordance with
the laws of the United Kingdom without regard to conflicts of laws principles.
By using this Site, you consent to the jurisdiction of, and agree that any and
all disputes regarding these Terms will be brought exclusively before the appropriately
designated courts of The United Kingdom.
MISCELLANEOUS
On certain areas of our Site, you may be
given the ability to provide us with personally identifiable information.
Please read our Private Policy for more information about our information
collection and use practices.
If any provision of these Terms shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed sever-able from these terms
of use and shall not affect the validity and enforce-ability of any remaining
provisions.
These Terms constitute a binding agreement between you and MePrecious, and are
accepted by you upon your use of the Site or your account. By using the Site
you represent that you are capable of entering into a binding agreement, and that
you agree to be bound by these Terms.
If you breach any provision of these Terms or our Privacy Policy, you may no
longer use the Site. We may, in our sole discretion, change, suspend or
terminate, temporarily or permanently, the Site or any part thereof or any of
its features at any time, for any reason, without any notice or liability to
you or any other entity. If these Terms or your permission to use the Site is
terminated by us for any reason, the agreement formed by your acceptance of
these Terms will nevertheless continue to apply and be binding upon you in
respect of your prior use of the Site and anything relating to or arising from
such use. If you are dissatisfied with the Site or with these Terms or Privacy
Policy, then your sole and exclusive remedy is to discontinue using the Site.
The MePrecious Content, Representations, and Limitations of Liability,
Indemnity Jurisdiction and Miscellaneous provisions in this agreement shall
survive any termination of this agreement.