Terms and Conditions
TERMS AND CONDITIONS RELATING TO USE OF THE JW WALLS WEBSITE AND PURCHASES MADE THROUGH IT
The term 'JW Walls' or 'us' or 'we' refers to Worldfloor Retail Limited, the owner of the website whose registered office is located at 3 Coldbath Square, London EC1R 5HL (Company Registration Number: 06871378, registered in England and Wales).
1. Definitions. In this Agreement the following definitions apply:
“Material” means all information, text, data, artwork, picture, photograph, still image, graphics, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, digital files, or any other product or materials displayed on this Site.
“Product” means any wall art décor featuring such Materials from this Site or any end product or service that has been created by or on behalf of JW Walls and that incorporates either Your User Content or a Reproduction of any Materials licensed to us by our suppliers, artists, agents, partners or other collaborators (“Suppliers”).
“Customer” or “you’’ means the person or entity browsing or using this Site for the purpose of purchasing any JW Walls product, or for any other purpose. In the event of an order being placed, it means the entity specifically designated in the purchase process and set forth as such in the computer-generated invoice provided by JW Walls.
“Reproduction” and “Reproduce” means any form of copying or publication of the whole or a part of any Material from this Site, via any medium and by whatever means. This includes the distortion, alteration, cropping or manipulation of the whole or any part of the Material, and/or the creation of any derivative work from, or that incorporates, any Material from this Site.
“Your user content” means material including (without limitation) information, text, data, artwork, picture, photograph, still image, graphics, visual representation generated optically, electronically, digitally or by any other means, including any film imprints, prints, digital files, or any other product or materials that you submit to our Site, for whatever purpose.
2. Grant of Rights and Restrictions. Subject to the terms of this Agreement:
Unless otherwise stated, the copyrights, design rights, database rights, trademarks, patents, intellectual property rights or any other rights (‘the Rights”) in all Materials on this Site, and the design, layout, appearance and functionality of this Site is owned by us or licensed to us by our Suppliers. All trademarks reproduced on this Site, which are not the property of, or are licensed to, JW Walls are acknowledged on this Site. As a result of these Rights, unauthorised use of this Site may give rise to a claim for damages and/or be a criminal offence.
We authorise you to view, use, contribute to, link to or otherwise refer to this Site (“Your Authorisation”) and grant you a world-wide, non-exclusive, revocable, royalty-free right and licence to use our trademarks in order to link to or otherwise refer to this Site (“Your Trademark License”).
You are not permitted, either directly or indirectly, and without our prior written consent, to Reproduce, copy, download, extract, duplicate, sell, re-sell, rent, offer for sale, sub-license, redistribute (except for content specifically and expressly made available for redistribution such as our newsletter), republish, post, broadcast or transmit, by any means whatsoever, any part of this Site, or such Materials for any other purpose other than in accordance with the copyright notice, which forms part of this Agreement. This notice includes, but is not limited to, not reproducing, storing, or the republication of, any part of this Site or such Materials in any other website or any public or private electronic system or service. It is your responsibility to get express prior written consent from us and any Suppliers accredited to the Material for each item.
You must not modify, edit, adapt, translate or reverse engineer any part of this Site.
You must not show any Material from this Site or otherwise exploit such Material on our Site for commercial purposes.
You shall be responsible for complying with any applicable data protection, copyrights and other legislation and regulations and as such we shall not be held liable for your misuse of Materials on this Site.
The copying, downloading, accessing, extracting, republication, retransmission, reproduction, or other use of the Materials on this Site as a stand-alone file, such as a screensaver, is strictly prohibited.
The content of this Site is for your general information and personal use only. Your use of any information or Materials on this Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
No ownership or copyright of any Material shall be passed on to you as a direct result of the purchase of any JW Walls Product. Ownership of the Product will be transferred to you (but not any Material contained therein) upon full payment of the agreed amount to us, as part of the distribution process as necessary and appropriate, and solely for the intended use specified in the Rights and Restrictions. The Product will remain the property of JW Walls until invoices are settled in full (Retention of Title).
Use of the Product is strictly limited to the intended use as a wall décor and may not be used for any commercial, promotional, endorsement, testimonial, advertising or merchandising use without our prior written consent and that of any relevant Supplier.
You are strictly forbidden to reproduce, sell, resell, rent, offer for sale, redistribute or reprint our Product without our express prior written consent and that of any Supplier accredited to the Material featured in the Product.
Pornographic, defamatory or otherwise unlawful use of such Materials or Product is strictly prohibited, whether directly or in context or juxtaposition with other material or subject matter.
Materials and Products shall not be incorporated into a logo, corporate ID, trademark or service mark.
You shall not, directly or indirectly, Reproduce any Material selected from this Site including any Product purchased from JW Walls, in any secondary Reproduction, such as compilations, screen shots, in context promotions or on file-sharing or social networking websites such as YouTube, Facebook, MySpace, Bebo, Twitter, SlideShare, etc.
By uploading Your User Content (i) you irrevocably and unconditionally warrant and represent that you are the sole unencumbered owner or holder of an appropriate, valid and sufficient license of all rights, titles and interests (including the intellectual property rights) in Your User Content or you otherwise have all the necessary and appropriate permissions and authorisations in relation to Your User Content; (ii) you hereby grant (and you warrant that you have the right to grant) us a worldwide, irrevocable, non-exclusive, perpetual, royalty-free fully paid up license to use, copy, modify, reproduce, adapt, publish, delete, translate, publically display and distribute your user content or any part(s) of it, either online or offline, in any existing or future media and to create derivative works of Your User Content or any part(s) of it either online or offline or incorporate it into other works/content either online or offline; and (iii) you grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your User Content must not be illegal or unlawful, must not infringe any third party's legal Rights, and must not be capable of giving rise to legal actions whether against you or us or a third party (in each case under any applicable law). You must not submit any User Content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
We reserve the right to edit or remove any material submitted to our Site, or stored on our servers, or hosted or published upon our Site.
You must not use this Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose of activity. You must not use this Site for any purpose that intentionally or unintentionally contravenes with any applicable laws in this jurisdiction or those of any other jurisdiction from which this Site is or may be accessible.
You must not use our Site (i) to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits or other malicious computer softwares; (ii) to conduct any systematic or automated data collection activities including, but not limited to, scraping, data mining, data extraction and data harvesting on or in relation to this Site without our express written consent; (iii) to transmit or send unsolicited commercial communications; and (iv) for any purposes relating to marketing without our express written consent.
You must not use this Site in any way that causes, or may cause, interference with, interruption, damage, hindrance, and modification to, or gain unauthorised access to, this Site and/or otherwise interfere with, restrict, impair, inhibit any other user from using or enjoying the use of this Site.
We reserve the right to restrict access to areas of this Site, or indeed our whole website, at our discretion.
From time to time this Site may also include links to other websites. These links are provided for your convenience and for further information. They do not signify that we endorse the website(s) and we have no responsibility for the content and information handling practices of these third party website(s) and we encourage you to read the privacy policies appearing on those sites or services. You agree that you shall view, contribute to, use, link to or otherwise refer to this Site and/or any websites accessed via external links entirely at your own risk and you shall (among other things) be solely responsible for any damage or loss to you or your property that may result.
If we provide you with sign-in details and password to enable you to access restricted areas of our Site or other content or services, you must ensure that the sign-in details and password are kept confidential. You agree to be entirely responsible for any activities made using your account details and password. In this respect you shall ensure that any password you choose remains confidential at all times. You must notify us immediately if you suspect or become aware that your sign-in details and password have been compromised in any way.
By placing an order you warrant that you are legally capable of entering into binding contracts and you are at least 18 years of age.
The Materials on the Site and Product sold to you shall not be used contrary to the Rights and Restrictions.
Each of the above paragraphs detailing Rights and Restrictions shall operate separately and shall survive independently of the other paragraphs.
3. Warranties and Limitation of Liability
- We warrant that (i) every part of our production process is carefully checked to ensure the Product delivered to you is a hundred (100) percent quality approved (your sole and exclusive remedy for a breach of this warranty being the replacement of the Product within fourteen (14) days or a hundred (100) percent of the purchase price refunded to you); (ii) it has all necessary rights and authority to enter into and perform this Agreement; and (iii) the Product featuring such Material and in the form delivered by JW Walls will not infringe on any copyrights or moral rights of any person or entity.
- While efforts have been made to correctly caption the subject matter of the Material and to provide other information, we make no guarantees or warranties as to quality, accuracy, completeness, suitability, timeliness, performance, reliability, safety, legality, continuity or availability of such Materials and other information or content contained on this Site or other websites accessed via external links and you shall not rely in any way on the quality, accuracy, completeness, suitability, timeliness, performance, reliability, safety, legality, continuity or availability of any such services, information or content. We hereby expressly exclude all liabilities to the fullest extent permitted by law, in respect of inaccurate or incomplete or erroneous information howsoever arising including, without limitation, those arising as a result of inaccuracies in the information provided to us.
- Our liability in contract, tort or otherwise arising out of or in connection with the performance or observance of our obligations under this Agreement shall be limited to the amount of the price paid by you to JW Walls in respect of the Product in question. In any event we shall not be liable in contract, tort or otherwise for any loss of business, contracts, profits or anticipated savings and consequential, financial and other such losses or for any indirect incidental or special loss whatsoever.
- We shall not be held to be in breach of our obligations in relation to supplying the Product nor liable for any loss or damage which may be suffered by you due to any cause beyond our reasonable control.
- We follow good industry practice to prevent data loss; however, you must keep copies of any user content or information uploaded to this Site, as we cannot guarantee that your information will not be lost or damaged.
- We exclude any warranties implied by law of satisfactory quality, merchantability, fitness for purpose and/or the use of reasonable care and skill.
- Nothing in this Agreement will: (a) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (b) limit any of our or your liabilities in any way that is not permitted under applicable law; or (c) exclude any of our or your liabilities that may not be excluded under applicable law.
- The limitations and exclusions of liability set out in this Section and elsewhere in this Agreement: (a) are subject to Clause 3.7 above; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
- LIMITATION OF OUR LIABILITY: TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAWS, WE HEREBY EXCLUDE ALL CONDITIONS, WARRANTIES OR LIABILITIES FOR ANY CLAIMS, LOSSES, COSTS, DEMANDS OR DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, OR FROM THE USE OF, THIS SITE AND/OR WEBSITES ACCESSED VIA EXTERNAL LINKS (WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, UNDER STATUTE OR OTHERWISE) INCLUDING (WITHOUT LIMITATION) ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES, WHETHER ARISING FROM LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE, OR OTHERWISE AND WHETHER OR NOT THE POSSIBILITY OF SUCH LOSSES HAVE BEEN NOTIFIED TO OR ARE APPARENT TO US. WE SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, COSTS, DEMANDS OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR AS A RESULT OF REPRODUCTIONS MADE BY YOU OF SUCH MATERIALS LICENSED TO US ON THIS SITE OR AS A RESULT OF A BREACH BY YOU OF THE PERMITTED SCOPE OF USE AS LISTED IN THIS SECTION.
- Each of the above paragraphs limiting or excluding liability shall operate separately and shall survive independently of the other paragraphs.
4. Miscellaneous Terms
- Unauthorised Use: Any use of such Material or Product in a manner not expressly authorised by this Agreement constitutes copyright infringement, entitling us and/or our Suppliers to exercise all rights and remedies available to it under copyright laws around the world. You shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party.
- Indemnity: You agree to indemnify us and undertake to hold us and any of our parent companies, subsidiaries, affiliates, officers and employees harmless against any losses, damages, costs, liabilities, professional or other expenses incurred or suffered by us (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) arising out of (i) you viewing, contributing to, using, linking to or otherwise referring to this Site; (ii) any breach by you of any provision of this Agreement or arising out of any claim that you have breached any provision of this Agreement; and (iii) the infringement by you, or any third party using your account (whether authorised or not), of any intellectual property or other rights of any person or entity.
- Breaches of this Agreement: Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to this Site, prohibiting you from accessing this Site, blocking computers using your IP address from accessing this Site, contacting your internet service provider to request that they block your access to this Site and/or bringing court proceedings against you.
- Variation: We reserve the right to revise this Agreement from time-to-time and without notice. The revised terms and conditions will apply to the use of our Site from the date of the publication of the revised Agreement on our Site. Please check this page regularly to ensure you are familiar with the current version. Further purchase of Products after such posting or notification constitutes your acceptance of the revised Agreement.
- Assignment: You may not assign, transfer, sub-contract or in any other manner make over to any third party your rights and/or obligations under this Agreement without our prior written consent. We may, without restriction, assign, transfer, sub-contract or in any other manner make over to any third party our rights and/or obligations under this Agreement without notifying you or obtaining your consent.
- Waiver: No failure or delay on our part in exercising any right, power or privilege under this Agreement shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
- Severability: If one or more of the provisions contained in this Agreement is determined by any court or other competent authority to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. If any invalid, illegal and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Such provisions will be revised only to the extent necessary to make them enforceable.
- Exclusion of third party rights: This Agreement is for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to this Agreement is not subject to the consent of any third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than the parties to this Agreement shall have any rights under it, nor shall it be enforceable under that Act by any person other than the parties to it.
- Law and Jurisdiction: This Agreement, and any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this Agreement or its formation, shall be governed by and construed in accordance with the laws of England. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England for the purpose of hearing and determining any suit, action or proceeding and/or settling any disputes arising out of or in connection with this Agreement and for the purpose of enforcement of any judgment against their respective assets.
Use and import by you of any JW Walls product are subject to your own customs, policies, clearance and any fees, and you must comply with all laws and regulations of the country of import. No warranty is given by JW Walls as to the legality of the Product at the location where they are received. Your Authorisation and Your Trademark License shall be void/automatically revoked from the outset where any law in any applicable jurisdiction prohibits you viewing, contributing to, using, linking to or otherwise referring to this Site.
REGISTRATIONS AND AUTHORISATIONS
Our VAT number is 992 5759 58. Our company number is 06871378.
The full name of our company is Worldfloor Retail Limited trading as JW Walls.
We are registered in England & Wales under registration number 06871378.
Our registered address is 3 Coldbath Square, London EC1R 5HL.
You can contact us by email to firstname.lastname@example.org.
SPECIFIC RULES AND TERMS CONCERNING THE USE OF OUR PRODUCT, THE PURCHASE OF OUR PRODUCT AND THE USE OF IMAGES TO PRODUCE THOSE PRODUCTS
Damages to wall surfaces JW Walls accepts no responsibility for damage to wall surfaces as a result of the application of their product. It is clearly stated here that the selection of wall, wall surface, application paste and finishing methods are the choice and responsibility of the purchaser. JW Walls and its associated companies and suppliers will not accept any liability for any damages caused to wall finishes during installation.
Installation JW Walls accepts that it is responsible for supplying a product perfectly cut and presented as ordered by our clients. JW Walls does not accept responsibility for DIY installation problems or for mistakes in cutting, gluing, or fixing by the customer. JW Walls accepts full responsibility for installations undertaken by themselves or their subcontractors – but specifically for the final finish being approved and deemed complete by the customer. JW Walls does not accept responsibility for the removal of walls that JW Walls installs or for any damages that may occur from the removal or de-installation of their product – at any time.
Use of uploaded images and copyright infringement JW Walls and it’s associated suppliers and subcontractors can in no way be held responsible for copyright infringements resulting from the use of uploaded images. It is clearly understood that the expectation of JW Walls is that the use of the image or image file is the full responsibility of the JW Walls customer and that all uploads are made with the full understanding, sanction and approval of the owner of the image or image file.
It is stated clearly here that any breach or infringement of copyright will be considered the fault of the JW Walls customer and JW Walls will accept no liability for such breach.
If there is any doubt as to the legal rights or restrictions applicable to any image or image file, it is JW Walls’ express recommendation that the file is not uploaded or used to create a JW Walls product.