STETSON UK - UNIVERSAL TERMS OF SERVICE AGREEMENT
Last Revised: 31/12/2021
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS AND REMEDIES.
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between STETSON UK ("STETSON UK") and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or
accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.
The terms “we”, “us” or “our” shall refer to STETSON UK. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
STETSON UK may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, STETSON UK may occasionally notify you of changes or modifications to this Agreement by email. It is there- fore very important that you keep your shopper account (“Account”) information current. STETSON UK as- sumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, STETSON UK may terminate Your use of Services for any viola- tion or breach of any of the terms of this Agreement by You. STETSON UK RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY AS- PECT OF THIS SITE OR THE SERVICES, INCLUD- ING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
This Site and the Services are available only to individ- uals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recog- nized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United Kingdom or other applicable ju- risdiction. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "cus- tomer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, STETSON UK finds that you do not have the legal authority to bind such corporate entity, you will be personally re- sponsible for the obligations contained in this Agree- ment, including, but not limited to, the payment obli- gations. STETSON UK shall not be liable for any loss or damage resulting from STETSON UK’s reliance on any instruction, notice, document or communication reasonably believed by STETSON UK to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, docu- ment or communication, STETSON UK reserves the right (but undertakes no duty) to require additional au- thentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to STETSON UK that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If STETSON UK has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, STETSON UK reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether au- thorized by you or not, and you must keep your Ac- count information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, STETSON UK recommends that you change your password and shopper PIN at least once every six (6) months for each Account. You must notify STETSON UK immediately of any breach of se- curity or unauthorized use of your Account. STETSON UK will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss STETSON UK or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
You acknowledge and agree that: Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regula- tions.You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable in- formation about another User or any other person or entity without their express prior written consent.You will not use this Site or the Services in a manner (as determined by STETSON UK in its sole and absolute discretion) that:
2. That the ''CONTRACT''-;The term contract agreement means-Oral/verbal contract agreement, online agreed contract and generic ''LAW'' term contract meaning al- beit contract agreement in any form all constitute a contract and thus admissible in the court of Law.
3. Contract in clause 5.2 must be recorded and evidence of engagement recorded for the Compliance, Accounts and finance unit.
4. Is illegal, or promotes or encourages illegal activity;
5. Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
6. Promotes, encourages or engages in terrorism, violence against people, animals, or property; Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prosti- tution and/or sex trafficking; Infringes on the intellectual property rights of another User or any other person or entity; Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; Interferes with the operation of this Site or the Services found at this Site; Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the func- tionality of any software or hardware; or Contains false or deceptive language, or unsubstanti- ated or comparative claims, regarding STETSON UK or STETSON UK’s Services. You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; You will not copy or distribute in any medium any part of this Site or the Services , except where expressly au- thorized by STETSON UK. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technol- ogies. You will not access STETSON UK Content (as defined below) or User Content through any technology or means other than through this Site itself, or as STET- SON UK may designate. You agree to back-up all of your User Content so that you can access and use it when needed. STETSON UK does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content. You will not re-sell or provide the Services for a com- mercial purpose, including any of STETSON UK's re- lated technologies, without STETSON UK's express prior written consent. You will not circumvent, disable or otherwise interfere with the security-related features of this Site or the Ser- vices found at this Site (including without limitation those features that prevent or restrict use or copying of any STETSON UK Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the STETSON UK Content or the User Content therein. You agree to provide government-issued photo identi- fication and/or government-issued business identifica- tion as required for verification of identity when re- quested. You are aware that STETSON UK may from time-to- time call you about your account, and that, for the pur- poses of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obliga- tions thereunder, including, where permissible, to rec- ord the entirety of such calls regardless of whether STETSON UK asks you on any particular call for con- sent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which STETSON UK is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of STETSON UK that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You un- derstand that providing consent is not a condition of purchasing any good or service from STETSON UK. Similarly, by providing your mobile number, you con- sent to receive marketing text messages from or on be- half of STETSON UK that may be sent by an automatic telephone dialing system. You understand that provid- ing consent is not a condition of purchasing any good or service from STETSON UK. Message and data rates may apply. Without limiting any of the rights set forth elsewhere in this Agreement, STETSON UK expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User
(i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any STETSON UK policy, or (ii) who otherwise en- gages or has engaged in inappropriate or unlawful ac- tivity while utilizing the Site or Services (as determined by STETSON UK in its sole and absolute discretion). If your purchase or account activity shows signs of fraud, abuse or suspicious activity, STETSON UK may cancel any service associated with your name, email address or account and close any associated STETSON UK accounts. If GoDaddy, in its sole discretion, deter- mines that any conducted activity is fraudulent, STETSON UK reserves the right to take any necessary legal action and you may be liable for monetary losses to STETSON UK including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact STETSON UK Care.
Some of the features of this Site or the Services, includ- ing those Services that are hosted with STETSON UK, may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or ad- vice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). All content submitted through your Account is considered User Content. By posting or publishing User Content to this Site or to or via the Ser- vices, you represent and warrant to STETSON UK that (i) you have all necessary rights to distribute User Con- tent via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropri- ate distribution rights, licenses, consents, and/or per- missions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Con- tent or User Content that is submitted through your Ac- count, and the consequences of, and requirements for, distributing it.
User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate STET- SON UK to treat your User Submissions as confidential or secret, that STETSON UK has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to any- one else for any intentional or unintentional use of your User Submissions, and that STETSON UK may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
STETSON UK shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else. User Content Other Than User Submissions. By post- ing or publishing User Content to this Site or through the Services, you authorize STETSON UK to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant STETSON UK a worldwide, non-exclusive, royalty-free, sublicensa- ble (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and STETSON UK's (and STETSON UK’s affiliates’) business(es), including without limitation for promot- ing and redistributing all or part of this Site in any me- dia formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notifica- tion, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, pre- pare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reason- able time after you remove or delete your User Content from this Site. You understand and agree, however, that STETSON UK may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, STETSON UK shall not use any User Content that has been designated “private” or “pass- word protected” by you for the purpose of promoting this Site or STETSON UK’s (or STETSON UK’s affil- iates’) business(es). If you have a website or other con- tent hosted by STETSON UK, you shall retain all of your ownership or licensed rights in User Content.
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessi- ble or inoperable for any reason including, but not lim- ited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not lim- ited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninter- rupted basis, and that we assume no liability to you or any other party with regard thereto.
In the event you are provided with a product credit (“Credit”), whether for redemption of the purchase of a specific product or for free with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only valid for one (1) year and is only available with a valid purchase and may be terminated in the event the product purchased is deleted, cancelled, transferred or not renewed. The Credit will expire one (1) year from date of purchase of the Purchased Product if the Credit has not been redeemed. In the event that the Credit is redeemed, after the initial subscription period, the product will automatically re- new at the then-current renewal price until cancelled. If you wish to cancel the automatic renewal of the product, you may do so by visiting your Account or by con- tacting customer service. In the event your Purchased Product includes a free domain name, if you cancel the Purchased Product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on STETSON UK's website and is not subject to any promotion, dis- count, or other reduction in price. For Credits issued for free with another Purchased Product, you acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion.
STETSON UK generally does not pre-screen User Content (whether posted to a website hosted by STETSON UK or posted to this Site). However, STETSON UK reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appro- priate and/or complies with this Agreement. STETSON UK may remove any item of User Content (whether posted to a website hosted by STETSON UK or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publish- ing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by STETSON UK in its sole and absolute discretion), at any time and without prior notice. STETSON UK may also terminate a User’s access to this Site or the Ser- vices found at this Site if STETSON UK has reason to believe the User is a repeat offender. If STETSON UK terminates your access to this Site or the Services found at this Site, STETSON UK may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
STETSON UK reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although STETSON UK makes great effort to maxim- ize the lifespan of all its Services and features, func- tionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or as- pect of a Service that we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, those Services, or the specific feature, functionality, or as- pect of that Service, will no longer be supported by STETSON UK, in any way, effective on the EOL date. Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, STET- SON UK will either offer a comparable Service for you to migrate to for the remainder of the term of your pur- chase, a prorated in-store credit, or a prorated refund, to be determined by STETSON UK in its sole and ab- solute discretion. STETSON UK may, with or without notice to you, migrate you to the most up-to-date ver- sion of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to no- tify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by STETSON UK in its sole and absolute discretion, STETSON UK will not be required to offer a comparable feature or functionality for the Service or a refund.
7. No Liability. STETSON UK will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individ- ual features, functionalities, or aspects of the Services we may offer, provide or facilitate access to. inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by STETSON UK. To the fullest extent permitted by law, STETSON UK disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, mer- chantability, fitness for a particular purpose and non- infringement.