Terms and conditions
1. Introduction
1.1. We are She Sells Socials Ltd (“we", “us” or “our"), a company incorporated in England and Wales, with the registered company number 15621011.
1.2. These Terms of Use (the “Terms”) govern your rights and obligations regarding the use of our website www.shesells-socials.co.uk (the "Website"). These Terms constitute a fully binding agreement between us (including our affiliates and subsidiaries) as the proprietor of all rights in and to the Website, and you. Please read these Terms carefully.
1.3. By using our Website, you indicate your agreement to these Terms, in addition to our privacy policy (the “Privacy Policy”), and cookie policy (the “Cookie Policy”). If you do not agree to these Terms or any of its parts, then you are prohibited from using the Website.
1.4. We hereby grant you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Website (including the Software) for non-commercial purposes, subject to these Terms.
1.5. We may suspend or stop providing our Website to you if you do not comply with our Terms, or if we are investigating suspected misconduct. We retain the right not to provide any explanation or justification for such at our sole discretion.
2. Important Information
2.1. We do not require you to have an account to use some of our Website. Please see our Cookie Policy for information about what data is stored when solely visiting our Website.
2.2. You are responsible for making all arrangements necessary for you to access and use the Website. The internet connection required to use the Website, and any associated charges (e.g., mobile data expenses) incurred by your use of the Website, are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Website requires an online connection between your device and the internet, the expense of which is prescribed by the agreement between you and your communication service provider, and according to its applicable terms of payment.
2.3. You may use our Website only if you can form a binding contract with us, and only in compliance with the Terms and all applicable laws.
2.4. You must be 13 years of age or older to use the Website. If you are under 13, you are prohibited from using the Website or downloading any part of it.
3. The Website
3.1. The Website is provided in the hope that it will be useful, but without any warranty, without the implied warranty of merchantability or fitness for a particular purpose. Please see the section below on Warranties for more information.
3.2. You may use the Website solely for private and personal purposes. You may not use the Website commercially; for example, you may not: (i) offer to third parties a service of your own that uses the Website; (ii) resell the Website; (iii) offer to rent or lease the Website; or (iv) offer the Website to the public via communication or integrate it within a service of your own, without our prior written consent. For clarity, this is not an exhaustive list, and contraventions of this section will be reviewed on a case-by-case basis, at our discretion.
3.3. You may not copy, print, save or otherwise use data from the Website or any related database.
3.4. When using the Website, you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Website or the Website’s database for any purpose without our express prior written permission.
4. Intellectual Property Rights
4.1. In these Terms, "Content" refers to any text, graphic, image, audio, video, software, data compilation, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of the Website. By using and continuing to use the Website, you acknowledge that copyright, trademarks, database rights and other intellectual property rights and laws protect such Content. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without our prior written permission.
4.2. We are the owner or licensee of all Intellectual Property Rights in our Website and in the Content published within. The Intellectual Property Rights in our Website are protected by laws and treaties around the world and all rights are reserved by us.
4.3. Using the Website does not give you ownership of any intellectual property rights on or within the Website you access. You may not use Content from the Website unless you obtain our express written permission or are otherwise permitted by law. We grant you a revocable, non-exclusive, non-transferable, non-sub-licensable, limited right to access, retrieve and display our Website and Content on a computer screen, tablet or smartphone. You may only use the Website for your personal use, and you are prohibited from using any illustrations, photographs, video, audio or graphics separately from any accompanying text.
4.4. Other than as set out at Clause 4.3, you may not use, copy, reproduce, upload, post, modify, transmit or mirror on another website or in any other media, distribute or create derivative works of our Website or any Content. Other than set out expressly above, we do not grant you any rights or licenses to use our Website or any Content. These terms do not grant you the right to use any branding or logos used in our Website. You are prohibited from removing, obscuring, or altering any legal notices displayed in or along with our Website. Except as specifically provided herein, we reserve all rights to the Website and Content.
4.5. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without our written prior permission.
4.6. “She Sells Socials”, our logo, and other trade and/or service marks are the property of She Sells Socials Ltd or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorised in these Terms without our prior written consent.
4.7. We may protect the Website by technological means intended to prevent unauthorised use of the Website. You undertake not to circumvent these means. Without derogating from our rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the immediate termination of all your rights under these Terms. If you circumvent any of the means taken by us to protect the Website from unauthorised use, you must immediately cease all use of the Website, and you undertake to do so.
5. Prohibited Use
5.1. You may use our Website only for lawful purposes. You may not use our Website:
5.1.1. in any way that breaches any applicable local, national or international law or regulation;
5.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
5.1.3. for the purpose of harming or attempting to harm others in any way;
5.1.4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form or similar solicitation (spam);
5.1.5. 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.
5.2. You also agree:
5.2.1. not to reproduce, duplicate, copy, reverse engineer or re-sell any part of our Website in contravention of these terms;
5.2.2. Not to access without authority, interfere with, damage or disrupt:
a) Any part of our Website;
b) Any equipment or network on which our Website is stored;
c) Any software used in the provision of our Website; or
d) Any equipment or network of software owned or used by any third party.
5.2.3. You may not use the Website for any of the following purposes:
a) in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner; and/or
d) in any way which would interfere with our Website, including attempts to access them using a method other than the interface and instructions that we provide.
5.2.4. Furthermore, and without limiting the foregoing, you may not modify, interfere with, enhance, remove or otherwise alter in any way any portion of the Website; any of the underlying technology; or any digital rights management mechanism, device or other content protection or access control measure incorporated into the Website. This restriction includes, without limitation, disabling, modifying, reverse engineering, cloning or copying, interfering with or otherwise circumventing the Website in any manner.
6. Suspension and Termination
6.1. We will determine, at our discretion, whether there has been a breach of the Terms through your use of our Website. When a breach has occurred, we may take such action as we deem appropriate.
6.2. Failure to comply constitutes a material breach of the Terms, and may result in our taking any of the following actions:
a) Immediate, temporary, or permanent withdrawal of your right to use our Website;
b) Immediate, temporary, or permanent removal of any information uploaded or downloaded by you to our Website;
c) Issue of a warning to you;
d) Bringing 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) Further legal action against you; and/or
f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
6.3. We exclude liability for actions taken in response to breaches of the Terms. The responses described herein are not limited, and we may take any other action we reasonably deem appropriate.
7. Your Termination of Use of the Services
You may terminate your use of the Website at any time and for whatever reason, with no obligation to advise us of such termination.
8. Our Warranties and Disclaimers
8.1. Without derogating from any applicable law, you agree to indemnify and hold harmless She Sells Socials Ltd and its employees, officers, directors and agents from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. This indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by She Sells Socials Ltd, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
8.2. We provide the Website using a commercially reasonable level of skill and care and we hope that you will enjoy using them. However, there are certain things that we do not promise about our Website.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER SHE SELLS SOCIALS LTD OR OTHER AFFILIATES, NOR ITS GROUP, SUPPLIERS OR DISTRIBUTORS, MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, ARE PROVIDED ON AN ‘AS IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SHE SELLS SOCIALS LTD, NOR ANY OF THE MANAGERS, EMPLOYEES, OFFICERS OR AGENTS (COLLECTIVELY, THE "SHE SELLS SOCIALS PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SHE SELLS SOCIALS LTD IN ADDITION, THE SHE SELLS SOCIALS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE SHE SELLS SOCIALS LTD PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE SHE SELLS SOCIALS LTD PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SHE SELLS SOCIALS LTD PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SHE SELLS SOCIALS LTD PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
THE SHE SELLS SOCIALS LTD PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OF CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
9. Limitation of our Liability
9.1. Nothing in the Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
9.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to our Website or any Content therein, whether express or implied.
9.3. We will not be liable to any user 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:
9.3.1. use, or inability to use, our Website; or
9.3.2. use of or reliance on any Content displayed on our Website.
9.4. If you are a business user, please note that in particular, we will not be liable for:
9.4.1. any loss of profits, sales, business, or revenue;
9.4.2. business interruption;
9.4.3. loss of anticipated savings;
9.4.4. loss of business opportunity, goodwill or reputation;
9.4.5. any indirect or consequential loss of damage;
9.4.6. loss or corruption of any data, database or software; or
9.5. If you are solely a user of our Website, please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for:
9.5.1. any loss of profits, sales, business, or revenue;
9.5.2. business interruption;
9.5.3. loss of anticipated savings;
9.5.4. loss of business opportunity, goodwill or reputation;
9.5.5. any indirect or consequential loss of damage;
9.5.6. loss or corruption of any data, database or software; or
9.5.7. any special, indirect or consequential loss or damage.
9.6. 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, smart phone or other mobile device, 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.
9.7. We are not responsible for, and make no representations or warranties in relation to, the delivery of any Content or information sent through our Website to anyone. In addition, we neither warrant nor represent that your use of our Website will not infringe the rights of third parties. Any material, service, or technology described or used on the Website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
9.8. We do not bear any obligation to verify the identity of the persons subscribing to the Website, nor do we have any obligation to monitor the use of the Website by other users of the community; therefore, we disclaim all liability for identity theft or any other misuse of your identity or information.
9.9. We do not guarantee that the Website will function without interruption or errors in functioning. In particular, the operation of the Website may be interrupted due to maintenance, updates, or systems or network failures, we disclaim all liability for damages caused by any such interruption or errors in functioning. Furthermore, we disclaim all liability for any malfunctioning, impossibility of access, or poor use conditions of our Website due to inappropriate equipment, disturbances related to internet service providers, to the saturation if the internet or mobile network, and for any other reason.
9.10. We make no warranty or representation and disclaim all responsibility and liability for:
9.10.1. The completeness, accuracy, availability, timeliness, security or reliability of the Website or any Content;
9.10.2. Any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website or any Content;
9.10.3. The deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Website; and
9.10.4. Whether the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
9.11. No advice or information, whether oral or written, obtained from our entities or through the Website, will create any warranty or representation not expressly made herein.
9.12. UNDER NO CIRCUMSTANCES WILL THE SHE SELLS SOCIALS LTD PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE CONTENT THEREIN; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICES; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SHE SELLS SOCIALS LTD PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (G) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SHE SELLS SOCIALS LTD PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE OR THEFT OR DESTRUCTION OF THE SERVICES). IN NO EVENT WITH THE SHE SELLS SOCIALS LTD PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9.13. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE SHE SELLS SOCIALS LTD PARTY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE OR PART OF A SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE SHE SELLS SOCIALS LTD PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, SERVICE OR PART OF A SERVICE, PROPERTY, PRODUCT, SERVICE OR OTHER CONTENT OWNED OR CONTROLLED BY SHE SELLS SOCIALS LTD PARTIES.
9.14. NO SHE SELLS SOCIALS LTD PARTY IS RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
10. General
10.1. We may, at any time, terminate the provision of the Website in its entirety or any part thereof, temporarily or permanently, at our sole discretion.
10.2. We are constantly changing and improving our Website. We may add or remove functionalities or features, and we may suspend or stop part of the Website altogether.
10.3. These Terms of Use and your use of the Website do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Website is intended for your enjoyment and benefit and the provision of the Website to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to our Website, its contents, and any other data.
10.4. The Terms may be varied by us from time to time. Such revised Terms will apply to the Website from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version. Changes, if relevant, will not apply retroactively. Specifically, changes addressing new functions for the Website or App, or changes made for legal reasons, will be effective immediately. Your continued use of the Website implies acceptance of the updated Terms, thereof.
10.5. Each of the clauses and sub-clauses of these Term operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses and/or sub-clauses will remain in full force and effect.
10.6. The Terms control the relationship between She Sells Socials Ltd and any other relevant affiliates of the above, and you. They do not create any third-party beneficiary rights. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms, and no third party will have any right to enforce or rely on any provision of the Terms.
10.7. If you do not comply with these Terms, and we do not take action right away, this should not be construed to mean that no action will be taken in the future, nor that we are giving up any rights that we may have accrued.
10.8. The Terms together encompass the whole agreement between you and She Sells Socials Ltd relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions of use.
10.9. If any court or competent authority finds that any provision of the Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
10.10. The Terms, and any subsequent litigation, will be governed by and interpreted according to English law. All disputes arising under the Terms will be subject to the exclusive jurisdiction of the English courts.