TERMS AND CONDITIONS OF USE
These terms and conditions apply to the entire contents of the website under the domain name www.boohoo.com ("Website"). Please read these terms carefully before using this Website. References to “us,” “we,” “our” or similar derivations refer to Boohoo.com UK Limited, the owner and operator of the Website.
Your attention is in particular drawn to paragraphs 7 and 8 of these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Your use of this Website
1.1. We hereby grant you a limited license to access and make personal use of this Website but not to modify it, or any portion thereof, except with our express written permission.
1.2. You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.3. By accessing any part of the Website, you shall be deemed to have accepted these terms and conditions in full. If you do not accept these terms and conditions in full, you must leave the Website immediately.
1.4. We reserve the right to vary these terms and conditions at any time. If so, the updated version will be posted on the Website and you will be bound by the updated version for all of your subsequent site access if you continue to use the Website thereafter. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms and conditions located on particular pages of the Website.
1.5 All content available on this Website is solely directed to individuals 18 years of age or older residing in the United States. Any use of the Website is prohibited where they are not allowed by law.
3.1. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website are owned by us, our licensors, advertisers or content suppliers. Except as expressly provided nothing contained herein shall be construed as creating any license or right under copyright, trademark or other intellectual property rights.
You may store, manipulate, analyze, reformat, print and display the content supplied solely for your own personal and non-commercial use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Website.
Any use of extracts from this Website other than as permitted above for any purpose is prohibited. If you breach any of the provisions of these terms and conditions, your permission to use this Website automatically terminates.
boohoo.com is a trade mark. No license or consent is granted to you to use these marks in any way except as expressly provided herein, and we reserve all rights in these and any related marks. You agree not to use these marks or any marks, which are colorably similar without the written permission of Boohoo.com UK Limited.
3.2. Subject to clause 3.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
3.3. Any rights not expressly granted in these terms are reserved.
4. Service access
4.1. While we endeavor to ensure that this Website is available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period.
4.2. We give no warranties as to the availability, performance or accessibility of the Website.
4.3. Access to this Website may be suspended temporarily and without notice at our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.
5. Links and Advertisements
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
We reserve the right to display advertisements on the Website and on your login pages of third party products and/or services which may be of interest to you. Please be aware that the products and services advertised are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services and that you agree to the third party’s terms and conditions before contracting with them. We accept no liability for any products or services or information provided by third party providers.
If you would like to create a link to this Website, you may only do so with our prior written consent.
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Responsibility for the security of any passwords rests with you.
While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the services provided on it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
8.1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
Loss of income or revenue;
Loss of business;
Loss of profits or contracts;
Loss of anticipated savings;
Loss of data;
Loss of goodwill;
Wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
8.2. Nothing in these terms and conditions shall exclude or limit our liability for:
8.2.1. death or personal injury caused by negligence; or
8.2.2. fraud; or
8.2.3. misrepresentation as to a fundamental matter; or
8.2.4. any liability which cannot be excluded or limited under applicable law.
8.3. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
8.4. Any transmission of data to the Website is at your own risk. You accept the inherent security risks of providing information and dealing on line over the internet. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access. We will not be held responsible for any breach of security unless this is due to our negligence or willful default.
8.5 You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
You agree to indemnify, defend and hold harmless Boohoo.com UK Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Website, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
We may at any time terminate or suspend any part of the Website without notice to you.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
12. Governing law and jurisdiction
12.1. These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts.