Terms of service
Curiouser and Curiouser Standard Terms of Business
"Curiouser and Curiouser" is a trading name of the retail Partnership wholely owned by the partners L Clifford, R Clifford and I Staples.
VAT Number GB 100543865
The continued use of this website and any order placed will be subject to these terms of business, together with our privacy policy. You are advised to please:
(a) read these standard terms of business before placing an order;
(b) retain a copy for your records; and
(c) read our privacy policy.
1. Interpretation
1.1 The definitions in this clause apply in the terms and conditions set out in this document:
force majeure event: shall have the meaning given in paragraph 9.
goods: the products that we are selling to you as set out on your order.
order: your order for the goods.order confirmation: shall have the meaning set out in paragraph 2.5.
terms: the terms and conditions set out in this document.
writing: or written includes faxes and e-mail.
1.2 Headings do not affect the interpretation of these terms.
2. Basis of Sale
2.1 These terms and the order are considered by us to set out the whole agreement between you and us for the sale of the goods. Please check that the details in the terms or on the order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these terms before you submit the order, because you will be bound by the terms once a contract comes into existence between us, in accordance with paragraph 2.5.
2.2 Any samples, drawings, descriptions or advertising we issue, and any colours, descriptions, images or illustrations contained in our webpages (including facebook pages), are published solely to provide you with an approximate idea of the goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the goods.
2.3 If any of these terms are inconsistent with any term of or instruction in the order, the terms in the order shall prevail.
2.4 The order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.5 These terms shall become binding on you and us when we issue you with written acceptance of an order (order confirmation) at which point a contract shall come into existence between us.
2.6 We shall assign an order number to the order and inform you of it in the order confirmation. Please quote the order number in all subsequent correspondence with us relating to the order.
2.7 If you are a consumer (acting outside your business), you may cancel your order in accordance with your rights under the Distance Selling Regulations. This does not apply to the following:
(a) Personalised goods;
(b) Perishable goods;
(c) Goods made to your specification;
(d) Opened sealed software, CDs, DVDs etc;
(e) The goods are clearly personalised; or
(f) If you are not a consumer.
2.8 We have the right to revise and amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. The Goods
3.1 These terms do not affect your legal rights. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office.
3.2 We shall not be liable for any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the goods in a way that we or the manufacturers do not recommend, you fail to follow the manufacturer’s and/or our instructions, or any alteration or repair you carry out without our prior written approval.
3.3 We will take reasonable steps to pack the goods properly and to ensure that you receive your order in good condition.
3.4 These terms apply to any repaired or replacement goods we supply to you in the unlikely event that the original goods are faulty or do not otherwise conform with these terms.
4. Delivery
4.1 Unless otherwise stated, we will aim to procure delivery to you within twenty eight calendar days of the date set out in the order or on which we notify you that they are ready.
4.2 Delivery of the order shall be completed when the goods are delivered to you.
4.3 Please note that some goods may be delivered direct from our suppliers. Occasionally the delivery date may be affected by factors beyond our or our suppliers control and so cannot be guaranteed. We will aim to let you know if we become aware of an unexpected delay and will arrange a new delivery date with you. Please allow extra time for deliveries outwith the United Kingdom mainland, the Scottish Highlands and Islands and other regions which are less accessible to Royal Mail and other carriers.
4.4 If you have not taken delivery of the goods within four weeks of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the goods or charge you for any shortfall below their price.
4.5 If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
5. Defective Goods and Returns
5.1 In the unlikely event that the goods do not conform with these terms and the order, please let us know as soon as possible after delivery. Subject as set out below, we may ask you to return the goods to us at our cost and once we have checked that the goods are faulty, we may:
(a) provide you with a full or partial refund; or
(b) replace the goods; or
(c) repair the goods.
5.2 These terms will apply to any repaired or replacement goods we supply to you.
5.3 We hope that you will be pleased with your purchase, however you may return your order within seven working days of delivery in accordance with your cancellation rights under the Distance Selling Regulations.
5.4 For the avoidance of doubt, we will not be responsible for delivery costs for the return of goods that have been dispatched outwith the United Kingdom.
6. Title and Risk
6.1 The goods will be your responsibility from the time of delivery.
6.2 Ownership of the goods will only pass to you when we receive payment in full of all sums due for the goods, including delivery charges.
7. Price and Payment
7.1 The price of the goods will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your order. Prices are liable to change at any time, but price changes will not affect orders that we have confirmed in writing.
7.2 These prices include VAT. However, if the rate of VAT changes between the date of the order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
7.3 These prices exclude delivery costs, which will be added to the total amount due. For the avoidance of doubt, we will not be liable for any export or import duties, taxes etc. arising as a result of the goods being sent to a destination outwith the United Kingdom.
7.4 It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the goods' correct price is less than our stated price, we will charge the lower amount when dispatching the goods to you. If the goods' correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the goods, or reject the order and tell you. For the avoidance of doubt, particularly if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the goods to you at the incorrect (lower) price.
7.5 Payment for all goods must be made in advance using PayPal payment services of by credit or debit card at the time of ordering. We accept payment with Visa, Visa Debit and MasterCard via PayPal
7.6 If you do not make any payment due to us by the due date for payment (as set out in clause 7.5), we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of The Royal Bank of Scotland Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
7.7 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding order until you have paid the outstanding amounts.
7.8 Paragraphs 7.6 and 7.7 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.
8. Limitation of Liability
8.1 Subject to paragraph 8.2, if either of us fails to comply with these terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms.
8.2 Neither of us shall be responsible for losses that result from our failure to comply with these terms including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings;
(d) loss of data; or
(e) any waste of time.
However, this paragraph 8.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
8.3 This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
8.4 We will not be liable or responsible for any defamatory, misleading, offensive or otherwise inappropriate content of any goods supplied by us. You are deemed to have satisfied yourself as to the nature and type of goods to be purchased before placing an order with us. No liability is accepted by us for any offence, or loss you may suffer as a result of the content of the goods. We will be happy to give you details of the manufacturers or our suppliers on request.
8.5 Save as provided in paragraph 8.3, our liability to you under this agreement will not exceed the total value of the order.
9. Events Outside Our Control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control (force majeure event).
9.2 A force majeure event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(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; or
(f) failure by our suppliers to supply the goods to us which are required to fulfil your order.
9.3 Our obligations under these terms are suspended for the period that the force majeure event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the force majeure event to a close or to find a solution by which our obligations under these terms can be performed despite the force majeure event. If we have been unable to resolve a force majeure event within three months we shall be entitled to cancel your order without penalty save for refunding to you the purchase price you have paid.
10. Assignment
You may not transfer any of your rights or obligations under these terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms to another organisation, but this will not affect your rights under these terms.
11. Notices
All notices sent by you to us must be sent to Curiouser and Curiouser, 93 Broughton Street, Edinburgh, EH1 3RZ. We may give notice to you at either the e-mail or postal address you provide to us in the order. Notice will be deemed received and properly served on you 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 the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.
12. General
12.1 If any court or competent authority decides that any of the provisions of these terms and/or the order are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
12.2 If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise any of our rights or remedies under these terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
12.3 Although we sell children’s products, we do not sell products for purchase by children. If you are under 18, you may only use our website and submit an order under the supervision of a parent or guardian.
12.4 These terms shall be governed by Scots law and we both agree to the non-exclusive jurisdiction of the Scottish courts. For the avoidance of doubt, if you are ordering goods to be sent to a destination outwith the United Kingdom you should satisfy yourself that your order complies with the laws of that country.
Privacy Policy
This privacy policy sets out the way ‘Curiouser and Curiouser’ may use the personal information that we may obtain from you. By your continued use of our website you are accepting and consenting to the practices described in this Privacy Policy. For additional conditions of use, please see our standard terms of business.
1 We use the information you provide us with, to:
- administer your account and for this purpose, we may disclose your details to our third party service providers/ suppliers for the purpose of processing your order and inform you about products, services, promotions and special offers that we may offer;
- contact you if there are any problems with your order; and
- for market research purposes and to improve your shopping experience with us.
We may contact you by email, phone or mail.
2 Disclosure of Your Information
We may pass your information to third parties as follows:
a) Agents
Our employees and agents may perform certain functions on our behalf, for example supplying orders, delivery, sending correspondence, analysing data, providing marketing assistance and processing credit card payments. These third parties may be given access to personal information required by them to perform their functions, but may not use it for any other purpose. Furthermore, they must process the personal information in accordance with this Privacy Policy and as permitted by the UK’s Data Protection Act.
b) Business transfers
As we continue to develop our business, we may sell or buy stores, subsidiaries or business units. In such transactions, customer information may be one of the transferred business assets but remains subject to the undertakings made in this Privacy Policy (unless of course, the customer consents otherwise). Also in the unlikely event that ‘Curiouser and Curiouser’ or substantially all of its assets are sold, customer information will of course be one of the transferred assets, and you are deemed to have accepted that.
c) Fraud prevention
We may release customer account and other personal information to comply with the law, enforce or apply our Standard Terms of Business and other agreements, or protect the rights, property or safety of "Curiouser and Curiouser", our customers and others. This may include exchanging information with other companies and organisations for fraud protection and credit risk reduction.
3 Cookies
"Curiouser and Curiouser" uses cookies on the website. Cookies are small files of information that are stored by your browser on your computer’s hard drive so it is important that you log off when you have finished shopping on-line, especially when you are using a shared computer. The information stored by cookies provides us with site usage information, which together with purchase information will enable us to continually improve and develop the products and services we offer.
You are deemed to have consented to the storage of cookies by your use of this website.
4 Security
"Curiouser and Curiouser" takes online security very seriously. However, we cannot guarantee the security of any data you disclose online.
All reasonable endeavours have been made to ensure that all transaction information is encrypted. You are recommended to check the lower bar of your browser when you fill in your payment details for an unbroken key or closed lock, highlighting that encryption is active and your information should be secure.
5. Your Rights
You have the right to ask us not to process your personal data for marketing purposes or to ask us not to pass on your details to third party companies and organisations. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at, Curiouser and Curiouser, 93 Broughton Street, Edinburgh, EH1 3RZ or email laura@curiouserandcuriouser.com
7 Links to other websites
Our site may, from time to time, contain links to and from other websites of interest. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
8 Changes to our Privacy Policy
Any changes we may make to our privacy policy in the future will be posted on this page. You should check this page from time to time to ensure that you are happy with any changes.
9 General
If you have any comments or queries in connection with our Privacy Policy, please let us know and we will try and resolve the issue for you
TERMS OF SERVICE
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OVERVIEW
This website is operated by Curiouser and Curiouser. Throughout the site, the terms “we”, “us” and “our” refer to Curiouser and Curiouser. Curiouser and Curiouser offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Curiouser and Curiouser, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Curiouser and Curiouser and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Scotland governing Curiouser and Curiouser, 93 Broughton Street, Edinburgh.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@curiouserandcuriouser.com.
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