1 In General
Access to and use of this Web site and the products and search services
available through this Web site (collectively, the "Services") are
subject to the following terms, conditions and notices (the "Terms of
Service"). By using the Services, you are agreeing to all of these
terms, conditions and notices, without modification. Furthermore, you
acknowledge that the Terms of Service may be updated by us from time to
time. This Web site also contains links to other Web sites, Web pages
and services, which are not operated by Just Different (the
"Linked Sites"). Your use of such Linked Sites will be subject to the
terms of service contained within each such site and the respective
terms of service will control the use of the respective site. In any
event your link through to such a site will be subject to the these
Terms of Service. You recognise that Just Different has no
control over such Linked Sites and information, and you accept that
Just Different provides no guarantee as to the accuracy or
reliability of such sites or the information contained in them and you
agree that we shall have no responsibility as to whether such links
locate unintended or objectionable content or otherwise cause you
distress, loss or damage.
2 Privacy policy
Under Just Different’s privacy policy we may disclose to third
parties certain information contained in our Users' registration
applications, but we will not disclose your name, address, email address
or telephone number unless we have informed you, been authorised by you,
or are required to do so by law, subject to the Data Protection Act
1998. Our privacy policy may be found at Privacy Policy.
3 Prohibitions
You will not: commit or encourage a criminal offence; send or receive
any material which is in any way offensive or obscene, or in breach of
confidence, copyright, privacy or any other rights; act contrary to the
acceptable use policies of any Linked Sites or community standards
generally; transmit or distribute a virus; hack into any aspect of the
Service; corrupt data; cause annoyance to other Users; infringe upon the
rights of any other person's trade marks or other proprietary rights;
send any unsolicited advertising or other promotional material, commonly
referred to as "spam"; or attempt to affect the performance or
functionality of any computer facilities of or accessed through the
Just Different Web site.
4 Intellectual Property, Software and Content
The intellectual property rights in all software made available and
content supplied to you remains the property of Just Different,
its licensors, advertisers or content suppliers. You will comply with
the terms of any agreement required by the owner of intellectual
property rights in all software and content supplied to you as notified
to you and you hereby acknowledge that all software that is not made
readily available to you is confidential, and that all other rights
including but not limited to database rights and copyright are asserted
and reserved by Just Different, its licensors, advertisers or
content suppliers. You may store, manipulate, analyse, reformat, print
and display the content supplied solely for your own personal 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 Just Different site and you are
prohibited from using any such content in connection with any business
or commercial enterprise including, without limitation, any media
business or enterprise. You shall not modify, translate, reverse
engineer, decompile, disassemble (except to the extent that applicable
laws expressly or impliedly prohibit such restriction) or create
derivative works based on any software or any documentation accompanying
such software supplied by Just Different, its licensors,
advertisers or content suppliers. Just Different™ is a trade
mark belonging to Just Different. No license or consent
is granted to you to use these marks in any way, and
Just Different reserves all rights in these and any related
marks. You agree not to use these marks or any marks which are
colourably similar without the written permission of
Just Different.
5 E-tail of Products and Services
By making a request/order you are offering to purchase a product which
we will accept to sell to you on the following Terms and Conditions. All
requests are subject to availability and confirmation of the order price
by us. Dispatch times may vary according to availability and any
guarantees warranties or representations made as to delivery times are
limited to mainland UK and are on the basis that we are not responsible
for any delay in delivery occurring due to postal delays or force
majeure. Just Different are absolutely entitled to refuse any
request made by you. If your order is accepted we will inform you by
emailing you or else by calling you. We will also provide the identity
of the party you have contracted with. This may be
Just Different or in certain cases a third party. Where a
contract is made with a third party Just Different is not acting
as either agent or principal and the contract is made between yourself
and that third party. When making a request you undertake that all
details you provide to us requesting goods or services or bids made at
auction are true and accurate, that you are an authorised user of the
credit or debit card used to make your request or bid and that there are
sufficient funds to cover the cost of the goods, services or bid. It is
your responsibility to inform us of any changes to these details as soon
as possible. Our returns policy. The cost of foreign products and
services may fluctuate. All prices advertised are subject to such
changes.
6 DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN
OR ACCESSIBLE FROM THIS WEB SITE AND THE LINKED SITES, ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE SUBJECT TO CHANGE AT ANY
TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW,
Just Different DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS AND
WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT WITHOUT
LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO
THE SERVICES AND ALL INFORMATION, PRODUCTS AND CONTENT INCLUDED IN AND
ACCESSIBLE FROM THIS WEB SITE OR THE LINKED SITES
7 DISCLAIMER OF LIABILITY
UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED
BY LAW Just Different, ITS CONTENT PROVIDERS, ADVERTISERS OR
LINKED SITES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING
BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS,
DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR
RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS
WEB SITE OR THE LINKED SITES, EVEN IF Just Different HAD BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF WHETHER
SUCH DAMAGES ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE,
AT COMMON LAW OR OTHERWISE. YOU HAVE READ THIS DISCLAIMER AND AGREE TO
IT ON THE BASIS THAT YOU AGREE IT IS REASONABLE.
8 Indemnity
You agree to indemnify, defend and hold harmless Just Different,
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 Just Different services, your breach
of the Terms of Service, 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.
9 Invalidity
If any part of the Terms of Service is unenforceable (including any
provision in which we exclude our liability to you) the enforceability
of any other part of the Terms of Service will not be affected all other
clauses remaining in full force and effect. So far as possible where any
clause/sub-clause or part of a clause/sub-clause can be severed to
render the remaining part valid, the clause shall be interpreted
accordingly. Alternatively, you agree that the clause shall be rectified
and interpreted in such a way that closely resembles the original
meaning of the clause /sub-clause as is permitted by law.
10 Governing Law
These terms and conditions shall be construed in accordance with English
law and the courts of England OR the jurisdiction in which you are
resident or domiciled (at Just Different’s election) shall have
jurisdiction to resolve any disputes between you and
Just Different, without regard to any choice of law provisions
or private international law. You hereby consent to the exclusive
jurisdiction and venue of the Royal Courts of Justice, Strand, London,
UK, for any and all disputes relating to the Terms of Service, use of
this Web site or any Linked site in the event that
Just Different have elected England as the jurisdiction.
11 Entire Agreement
The above Terms of Service constitute the entire agreement of the
parties and supersede any and all preceding and contemporaneous
agreements between you and Just Different. Any waiver of any
provision of the Terms of Service will be effective only if in writing
and signed by a Director of Just Different.
12 Secure Checkout
Our site is protected by 128-bit SSL encryption, which makes it as safe
and secure as it's possible to be. To confirm this click the padlock in
the bottom right of the window when you provide your credit card
details.
13 Postage & Packaging
We try to keep the cost of postage and packaging as reasonable as we
can. We have a standard rate of £2.95 on all orders within mainland UK,
regardless of the number of items ordered. Exceptions to this are where
specified on the individual item. This is due to the size and weight of
the item. Postage in mainland UK is waived for orders exceeding £150.00.
When ordering from outside mainland UK, please contact us for postage
and packing costs. Unfortunately we cannot supply to countries outside
mainland Europe. We can only accept credit cards which are registered in
UK and mainland Europe.
14 Returns Policy
In the unlikely event that you receive a product which is faulty or
defective, we are happy to offer an exchange or full refund. Please
return the item in its original packaging within seven days, together
with a copy of your invoice, stating whether you require a refund or
exchange. We will not be responsible for items lost in transit.
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