Terms & Conditions | ||||
| This page (together with the documents referred to on it) tells you the terms and conditions which you may make use of our website www.kissesthatcount.com (our Site), whether as a guest or a registered user, and on which we supply any of the virtual kisses (kisses) listed on our Site. Please read these terms of use carefully before you start to use the Site. You should understand that by ordering any of our kisses, you agree to be bound by these terms and conditions. Also, by using our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Site. You should print a copy of these terms and conditions for future reference. Please click on the relevant button within the website to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order a kiss from our Site. 1 INFORMATION ABOUT US www.kissesthatcount.com is a Site operated by Kisses That Count Limited ("We"). We are registered in England and Wales under company number 5676346 and have our registered office at C/O Follett Stock, Truro Business Park, Truro, Cornwall, TR4 9NH. 2 ACCESSING OUR SITE 2.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period. 2.2 From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us. 2.3 Any messages sent by you with a kiss will pass through a profanity filter service and any message found to contain a profanity will not be eligible to be posted on our Site. 2.4 If we (at our absolute discretion) deem any photograph or message provided by you to contain inappropriate content we will not publish it on our Site. 2.5 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. 2.6 When using our Site, you must comply with the provisions of our acceptable use policy. 2.7 You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them. 3 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US 3.1 Your order constitutes an offer to us to buy a kiss. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the kiss has been dispatched (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation. 3.2 The Contract will relate only to those kisses whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other kisses which may have been part of your order until the dispatch of such kisses has been confirmed in a separate Order Confirmation. 4 INTELLECTUAL PROPERTY RIGHTS 4.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 4.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site. 4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 4.4 Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged. 4.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. 4.6 If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. 4.7 You grant a licence to us to use any photographs or designs uploaded to our site to send with a kiss, or otherwise, and all intellectual property rights in the photographs. Through this licence you authorise us to use the photographs as we deem fit including, but not limited to, posting the photograph on our site. 5 RELIANCE ON INFORMATION POSTED Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. 6 OUR SITE CHANGES REGULARLY We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material. 7 OUR LIABILITY 7.1 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: (a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. (b) 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: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill; (vii) wasted management or office time; and for any other loss or damage of any kind, however arising and whether or not caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 7.2 We may also provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller. 7.3 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. 8 PRICE AND PAYMENT 8.1 The price of any kisses will be as quoted on our Site from time to time, except in cases of obvious error. 8.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. 8.3 Our Site may in future contain a number of other products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. 8.4 We are under no obligation to provide a kiss or any other product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. 8.5 Payment for all kisses must be made by credit or debit card or PayPal. We will not charge your card until we despatch your order. 8.6 Your use of PayPal will be subject to their terms and conditions and we cannot accept responsibility for any loss or damage that may arise from your use of them. 9 CHARITABLE GIVING By purchasing any of the kisses from our Site you agree to a minimum of 90% of the purchase price, less relevant transaction charges, paid by you being donated to charitable projects of our choice as listed on our Site. 10% of the purchase price is paid towards supporting our running costs. 10 REFUNDS POLICY 10.1 If you are not happy with the kiss that has been delivered for you (Complaint), we will investigate your Complaint and, if a refund is deemed necessary, will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your Complaint or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective kiss. 10.2 If your kiss is not delivered due to the fact that filters show that your message contains a profanity or any other information which we (at our absolute discretion) deem inappropriate you will not be entitled to a refund. 10.3 You will not be entitled to a refund (and we accept no liability) if the kiss is not received by the intended recipient due to problems with their server, or if their server rejects the kiss. 11 INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE We process information about you in accordance with our privacy policy . By using our Site, you consent to such processing and you warrant that all data provided by you is accurate. 12 UPLOADING MATERIAL TO OUR SITE 12.1 Whenever you make use of a feature that allows you to upload material to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. 12.2 Any material you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. 12.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site. 12.4 We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy. 13 VIRUSES, HACKING AND OTHER OFFENCES 13.1 You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. 13.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately. 13.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it. 14 LINKING TO OUR SITE 14.1 You may link to our home page, 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. 14.2 You must not establish a link from any website that is not owned by you. 14.3 Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. 14.4 If you wish to make any use of material on our Site other than that set out above, please address your request to info@kissesthatcount.com. 15 LINKS FROM OUR SITE Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 16 WRITTEN COMMUNICATIONS Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 17 NOTICES All notices given by you to us must be given to Kisses That Count Limited at our registered office address at: care of Follett Stock, Truro Business Park, Truro, Cornwall, TR4 9NH. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in condition 17. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. 18 TRANSFER OF RIGHTS AND OBLIGATIONS 18.1 The contract between you and us is binding on you and us and on our respective successors and assigns. 18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. 19 EVENTS OUTSIDE OUR CONTROL 19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. (e) Impossibility of the use of public or private telecommunications networks. (f) The acts, decrees, legislation, regulations or restrictions of any government. 19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. 20 WAIVER 20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. 20.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 18 above. 21 SEVERABILITY If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 22 ENTIRE AGREEMENT 22.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. 22.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions. 22.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions. 23 JURISDICTION AND APPLICABLE LAW The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site. These terms of use are governed by English law. 24 VARIATIONS 24.1 We have the right to revise and amend these terms and conditions from time to time. 24.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products). 25 YOUR CONCERNS If you have any concerns about material which appears on our Site, please contact kisses@kissesthatcount.com Thank you for visiting our Site. | ||||
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