ECOPRAMS.COM (THE "WEBSITE") - TERMS AND CONDITIONS
In these Terms and Conditions:
"EcoPrams Ltd", "we", "us" and/or "our" means EcoPrams Ltd, a company registered in England and Wales under company number 08596357 and with our registered office at 6 Ravenings Parade, Essex, IG3 9NR.
"User", "you" and/or "your" means any person who uses the Website.
11.1 Please read these Terms and Conditions carefully and make sure that you understand them before you start to use the Website. We recommend that you print a copy of these Terms and Conditions for future reference.
11.2 These Terms and Conditions govern your access to, and use of, the Website and the content on it; and your submission of any comments, contributions or other material to the Website. If you wish to purchase products through the Website, such purchase will be governed by our Terms and Conditions of Sale ("Terms of Sale").
11.3 Some of the provisions contained in these Terms and Conditions may be superseded or supplemented by additional terms and conditions or notices published elsewhere on the Website, including the Terms of Sale. These will be drawn to your attention where applicable to you. In the event that there is any conflict between these Terms and Conditions and any additional or supplemental terms on the Website ("Additional Terms"), the Additional Terms shall prevail.
11.4 By using the Website you confirm that you accept these Terms and Conditions and that you agree to comply with them.
11.5 We may revise these Terms and Conditions at any time. You should check this page from time to time to take note of any changes we make, as they are binding on you from the date that we make them.
11.6 These Terms and Conditions, any Additional Terms and any contract concluded between us via the Website, are only available in the English language.
12. ACCESS TO AND USE OF THE WEBSITE
12.1 You must be over 18 to access and/or use the Website. You may only use this Website for your own personal non-commercial use.
12.2 We shall endeavour to provide constant, uninterrupted access to the Website and any content on it, but we cannot and do not guarantee to do so. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. Save where expressly stated otherwise in any Additional Terms, we will not be liable to you if for any reason the Website is unavailable or is withdrawn at any time or for any period.
13. CHANGES TO THE WEBSITE
13.1 We may update the Website from time to time, and may change the content of the Website at any time.
14. CUSTOMER ACCOUNTS AND PASSWORDS
14.1 We may choose to restrict access to the Website or to parts of it to registered users. If you choose, or you are provided with, a user identification name, code or password to access certain parts of the Website, you must treat such information as confidential. Your identification name, code and/or password are non-transferable.
14.2 We have the right to disable any user identification name, code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions or any Additional Terms.
14.3 If you know or suspect that anyone other than you knows your password, you must immediately notify us at firstname.lastname@example.org. You are liable for any use of your password.
15. ACCEPTABLE USE POLICY
5.1.1 You may only use the Website for lawful purposes. You may not use
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
(d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(e) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.Website, any equipment or network on which the Website is stored, any software used in the provision of the Website; or any equipment or network or software owned or used by any third party.
5.1.2 You agree not to interfere with, damage or disrupt any part of the the Website.
15.2 Interactive Services
5.2.1 We may from time to time provide interactive services on the Website, including, without limitation comment facilities, chat rooms; and/or bulletin boards ("Interactive Services").
5.2.2 We are under no obligation to oversee, monitor or moderate any Interactive Service we provide, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user or from the comments, content or other material that is posted or uploaded to any Interactive Service by another user whether the Interactive Service is moderated or not.
15.3 Content Standards
5.3.1 These content standards apply to any and all comments, postings or other material which you submit to the Website ("Submissions"), and to any Interactive Service associated with it. You must comply with the spirit and the letter of these standards.
5.3.2 Submissions must:
(a) be accurate (where they state facts);
(b) be genuinely held (where they state opinions); and
(c) comply with applicable law.
5.3.3 Submissions must not:
(a) contain any material which is defamatory of any person;
(b) contain any material which is obscene, offensive, hateful or inflammatory;
(c) promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(d) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(e) be likely to deceive any person;
(f) infringe any intellectual property rights or the privacy or confidential information of any person;
(g) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(h) advertise any goods or service or be for a commercial purpose;
(i) give the impression that they emanate from us, if this is not the case; or
(j) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
15.4 Suspension and Termination
5.4.1 If we determine, in our absolute discretion, that you have breached this clause 5 we may immediately take all or any of the following actions:
(a) temporarily or permanently withdraw your right to use the Website;
(b) temporarily or permanently remove any Submission uploaded by you to the Website;
(c) issue a warning to you;
(d) issue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) take further legal action against you; and/or
(f) disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
5.4.2 We exclude liability for actions taken in response to breaches of this clause 5. The responses described in this clause 5 are not limited, and we may take any other action we reasonably deem appropriate in respect of your breach.
5.4.3 You acknowledge that your breach of this clause 5 may cause damage or loss to us and you agree to indemnify us in full against any third party liabilities, claims, costs, loss or damage incurred as a result of such a breach.
5.4.4 We may provide your identity to a third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy. You also acknowledge that we may be required to hand over such information by order of a court of law.
5.5.1 If you wish to complain about any Submission posted to an Interactive Service, please e-mail us at email@example.com setting out full details of your complaint. We will then review the Submission and decide whether it complies with the Content Standards in clause 5.3.
5.5.2 In order to investigate your complaint, we may need to share your identity and the details of your complaint with the user that posted the Submission that is the subject of your complaint.
16. GRANT OF LICENCE TO USE SUBMISSIONS
16.1 You grant us a non-exclusive, non-transferable, perpetual, royalty-free, worldwide licence to copy, use, publish, adapt and amend any Submission in any forma. This licence shall include the right for any user of the Website to access and use the Submission in accordance with clause 7.2.
16.2 We reserve the right not to publish a Submission in whole or in part or to remove a Submission in whole or in part.
16.3 You warrant that you are entitled to grant us the rights set out in clause 6.1 and that the use by us of any Submission submitted by you shall not infringe the rights of any third party.
17. INTELLECTUAL PROPERTY RIGHTS
7.1 We are the owners or licensees of all intellectual property rights in the Website. All text, information, graphics, interfaces, photographs, video and other material available on the Website is protected by copyright, trade mark and other proprietary and intellectual property laws.
7.2 You may not use any of our intellectual property rights without our express written consent, however you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use. This does not include downloading, storing, transmitting, displaying, copying or distributing any materials on the Website, or extracts from it, in a structured manner or creating a database in any form comprising all or part of any material on the Website.
7.3 You must not modify any paper or digital copies of any materials you have printed off or downloaded from the Website 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 the Website must always be acknowledged.
7.4 You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
18.2 You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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 from any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
19. ADVERTISING AND SPONSORSHIP
The inclusion of any advertising or any sponsorship material on the Website does not constitute an endorsement of the relevant advertiser or sponsor or their goods or services. Any correspondence or dealings you have with advertisers or sponsors are solely between you and the relevant advertiser or sponsor. We shall not be responsible for any loss or damage of any kind suffered or incurred by you as a result of any correspondence or dealing you have with any advertiser or sponsor.
110. DATA PROTECTION AND COOKIES
110.1 You do not have to give us any personal data in order to use most of the Website. However, if you wish to register on the Website to receive email communications from us, we will collect the following information from you: your name, date of birth, email address. If you wish to purchase products from the Website, we will also need the following information: delivery address and bank details.
110.2 If you order products from the Website, your bank details will be shared with our third party payment provider: Squarespace, Inc, 459 Broadway 5th Floor, New York, NY 10013.
110.3 In addition, we may automatically collect information about the website that you came from or are going to, which pages of the Website you visit, IP addresses, the type of browser you use and the times you access the Website. However, this information is aggregated and is not used to identify you.
110.4 We may use aggregated information so we can administer and improve the Website, analyse trends, gather broad demographic information and detect suspicious or fraudulent transactions. We may pass this information to third parties.
110.5 We may use your personal information to send you marketing communications by email relating to our products from time to time. If you do not wish to receive such communications, please either contact us at firstname.lastname@example.org or click the unsubscribe link in one of the communications.
111. NO RELIANCE ON INFORMATION
The content on the Website is provided for general information only. We make no representations, warranties or guarantees, whether express or implied, that the information and content on the Website is accurate, complete or up-to-date at any time.
112. LIMITATION OF OUR LIABILITY
12.1 Save as expressly provided in any Additional Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
12.2 To the maximum extent permitted by law, we shall have no liability whatsoever to you or any third party 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 your:
12.2.1 use of, or inability to use, the Website; or
12.2.2 use of or reliance on any content displayed on the Website.
12.3 We only provide the Website for your domestic and private use only. You agree not to use the Website 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.
12.4 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 the Website or to your downloading of any content on it, or on any website linked to it.
12.5 Nothing in these Terms and Conditions excludes or limits our liability for:
12.6.1 death or personal injury caused by our negligence;
12.6.2 fraud or fraudulent misrepresentation; or
12.6.3 any other liability that cannot be limited or excluded by law.
13.1 If any provision in these Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible, and the remainder of the Terms and Conditions shall remain in full force and effect.
13.2 Any failure by us to enforce or exercise any provision in these Terms and Conditions shall not constitute a waiver of that provision or any other provision.
13.3 We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms and Conditions to any third party without notice and without the need to receive your consent. You may not transfer, assign, sublicense or pledge your rights or your obligations under these Terms and Conditions to another person.
114. APPLICABLE LAW AND JURISDICTION
114.1 These Terms and Conditions, their subject matter and their formation, are governed by English law.
114.2 The courts of England and Wales shall have exclusive jurisdiction to settle any disputes arising in connection with these Terms and Conditions (including any non-contractual terms). 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.
115. CONTACT US
To contact us, please e-mail email@example.com