Terms and conditions
The thedailychic.com website (the "Website") is owned, operated and brought to you buy The DailyChic in conjunction with Niggle Limited ("we" or "us" or "our" as applicable). These terms and conditions are legally binding between you, the person visiting or using the Website ("you", "your" as applicable), and us.
We reserve the right to change these terms and conditions from time to time at our sole discretion and your use of the Website will be subject to the most current version of the terms and conditions posted on the Website at the time of such use. We recommend that you read through the terms and conditions on the Website from time to time so that you can be sure that you are aware of the latest version. If you breach any of these terms and conditions, your authorisation to use the Website automatically and immediately terminates and you must immediately cease use of the Website.
1. YOUR REGISTRATION AND ACCOUNT
You do not need to register to browse the Website but you must register (ie create your personal account on the Website using a valid email address) in order to receive regular email newsletters or alerts of discounts.
You must be at least 18 years old to register and by registering an account you are confirming that you are at least 18 years old. Your account may be terminated without warning if we have any reason to believe that you are under 18 years of age. You undertake that: (a) all registration information you submit will be truthful and accurate; and (b) you will maintain the accuracy of such information.
We may at any time and for any reason refuse to accept a registration from any person.
2. THE SERVICE
While we aim to ensure that all information provided on the Website is accurate, we cannot guarantee that there will be no mistakes or errors, though these will be corrected speedily on discovery. If you identify a possible error please email us at firstname.lastname@example.org.
The Website is provided for users who can access it from the United Kingdom. If you decide to access the Website from outside of the United Kingdom you acknowledge that: a) we make no representation that the Website is appropriate for use by users outside the United Kingdom; and b) you shall comply with all applicable laws in the relevant jurisdiction from which you are accessing the Website.
You agree that you will not use or allow any third party to use your account or login for any commercial purpose.
We may remove the Website or cease the provision of any of the services or terminate your registration at any time in our sole discretion for any reason whatsoever. You shall be entitled to terminate your membership of the Website at any time by written notice to us at the following address: email@example.com. Termination of your membership, howsoever caused, shall not affect the accrued rights and liabilities of either you or us at the time of such termination.
3. YOUR USE OF THE WEBSITE
You may not use the Website in any improper or unlawful manner or in breach of any legislation or licence that applies to you.
Without limiting the foregoing, you agree that when using the Website, you will not:
a) Distribute without our prior consent via any medium any part of the Website;
b) Create multiple logins;
c) Use software to harvest information from the Website.
4. E-COMMERCE FACILITIES AND THIRD PARTY SITES
The Website and associated emails will contain links to websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any other website which you may access through the Website or any services that such third party website may provide.
Without limiting the foregoing, third party sites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If you choose to access a website beyond our control, you do so at your own risk. In addition, use of any such third party website or microsite may be subject to your acceptance of additional terms and conditions.
From time to time it may be possible to enter competitions or prize draws through the Website. Where additional terms apply you will be notified of that fact and given an opportunity to read those terms and conditions before you enter the competition or the prize draw.
6. INTELLECTUAL PROPERTY RIGHTS
For the purposes of these terms and condition, "Intellectual Property Rights" means patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
All Intellectual Property Rights in and to the Website and all content and materials contained therein are owned by and shall remain owned by us or our licensors or our suppliers or partners.
You may view, download and print any materials and information made available to you through the Website subject to the following conditions:
a) the material and information may only be used for your personal and non-commercial purposes;
b) the material and information shall not be reproduced or included in any other work or publication in any medium;
c) the material and information may not be modified or altered in any way;
d) the material and information may not be distributed or sold to any third party; and
e) you may not remove any copyright or other proprietary notices contained in the material or the information.
These terms and conditions are not intended to prevent you recording in manual form any individual item of information, or disclosing any individual item of information, free of charge, to friends or relations for non-commercial purposes provided that you take all reasonable steps to ensure that any person to whom you may disclose that information complies with these terms and conditions.
Please contact firstname.lastname@example.org if you believe that content displayed on the website has violated your Intellectual Property rights.
We will exercise all reasonable skill and care in providing the Website. We obtain materials and information provided on the Website from Merchants and other third party partners and suppliers and so we are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.
Therefore, except as expressly provided in these terms and conditions, the Website and all materials and information provided through it are provided on an "as is" basis without guarantee of any kind and any conditions, statements and warranties (including, but not limited to, any warranty of fitness for a particular purpose or non-infringement) are excluded to the fullest amount permissible by law.
Without limiting the foregoing, we cannot guarantee and do not promise that the Website and all materials and information provided through it will meet your requirements. Therefore we advise you to check any materials or information provided to you through the Website as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.
8. LIMITATION OF LIABILITY
Nothing in these terms and conditions limits or excludes our liability for
a) Death or personal injury caused by our negligence;
b) Any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you;
c) Any other liability which may not by law by limited or excluded.
Subject to the foregoing, you agree that we (including, without limitation, our employees, directors and shareholders, and our suppliers) shall not be liable for:
a) Any direct loss, claim or damage;
b) Any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or
c) Any loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with
a. Any use of the Website, its contents or Vouchers indirectly purchased via the Website, or any competitions or prize draws which are entered via the Website;
b. Any goods or services provided by Merchants or partners;
c. Any unavailability of the Website or the services irrespective of duration of any period of unavailability; or
d. Any use of or reliance upon any information, material, software, products, services and related graphics obtained though the Website, in all cases even if we have been forewarned of the possibility of such loss or damage.
Without limiting the effect of the foregoing, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property when you are using or browsing the Website or receiving emails from us. The downloading or other acquisition of any materials or information through the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of such materials.
You agree to indemnify us against any claims or legal proceedings that may arise though your use of the Website or from any breach of these terms and conditions by you.
We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.
9. DATA PROTECTION AND PRIVACY
Subject to clause 8, we will not be liable for any breach by us of these terms and conditions where we are prevented from adhering to the same by any cause beyond our reasonable control, including fire, severe weather, an act of God, lightning, flooding, strike, lock-out, labour dispute, war, riot and/or the failure of any computer system.
Any failure or delay by us to enforce any of our rights under these terms and conditions is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
These terms and conditions are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these terms and conditions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
If any clause or part of a clause of these terms and conditions is, or becomes, invalid, illegal or unenforceable, the remainder of these terms and conditions shall remain valid and enforceable.
Subject to clause 8, you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these terms and conditions other than any remedy you may have for breach of the express terms of these terms and conditions.
These terms and conditions (and any disputes arising out of or in connection with them, whether contractual or non-contractual) shall be governed by and construed in all respects in accordance with English law and you and we each agree to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising in relation to these terms and conditions.