Terms and conditions

TERMS OF USE

Last updated: 29 June 2015

1. WEBSITE TERMS OF USE

1.1   Please read these terms of use (“Terms of Use“), and our Privacy Policy and Cookie Policy carefully before using our website www.pepandco.com (the “Site“). By using the Site, you indicate that you accept these Terms of Use, our Cookie Policy and our Privacy Policy, and that you agree to abide by them. If you do not agree to all of these Terms of Use, do not use the Site.

1.2   We reserve the right, at our sole discretion, to revise and update these Terms of Use at any time without further notice.  We will post the latest version of our Terms of Use on this page. If any significant changes are made to these Terms of Use, we will notify you (for example, by way of a pop up notice) when you first access the Site following such a change.  We will post the last date of any change to these Terms of Use at the top of this page. Your continued use of the Site after such changes will mean you agree to those changes.

1.3   In these Terms of Use, “user”, “you” and “your” means any and all persons using this Site.

2. INFORMATION ABOUT US

2.1   The Site is operated by Pepkor UK Retail Limited, trading as PEP&CO (“PEP&CO“/ “we” / “our”). We are registered in England under company number 09288913 and have our registered office at 128 Wigmore Street, London W1U 3SA.  Our VAT registration number is 206500356.

3. ACCESSING THE SITE

3.1   Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice. We may restrict access to some parts of the Site to users who have registered with us.  You must treat all passwords as confidential and must not disclose them to any third party.  We have the right to disable any user identification code or password at any time if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

3.2   It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Site. The Site is only licensed for use on a device owned or controlled by you.

3.3   We may, from time to time, restrict access to certain features, content, or all or part of the Site.

3.4   We cannot guarantee the continuous, uninterrupted or error-free operability of the Site.  There may be times when all of, or certain features, parts or content of, the Site become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.  You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

3.5   You may only use the Site for your own non-commercial personal use and only in accordance with these Terms of Use.

3.6   We may change the format and content of the Site from time to time.  You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.

4. LINKS TO OTHER SITES

4.1   You must not link (including deep linking) to our Site without our prior written agreement.

4.2   The Site may contain links to other sites. Except where they belong to us, such other sites are not under our control or maintained by us. We are not responsible for the content of such sites. We provide these links for your convenience only but do not monitor or endorse the material on them. We cannot accept any liability whatsoever and howsoever arising in relation to any such other sites (including, for the avoidance of doubt and not by way of limitation, any inability to access or delay in accessing any such other site) or in relation to any material or information appearing on them or which you may otherwise come across after leaving our Site by way of a hypertext link or any other means.

5. CONDITIONS OF USE

5.1   As a condition of your use of the Site, you promise to us that you will not use it or any material or information on it for any purpose that is unlawful or prohibited by these Terms of Use.

5.2   You may not use the Site:

(a) in any way that breaches any applicable local, national or international law or regulation;

(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c) for the purpose of harming or attempting to harm any third party in any way (in particular minors);

(d) to send, knowingly receive, upload, download, use or re-use any material which (i) is inaccurate, discriminative, defamatory, obscene, threatening, deceptive, abusive, profane or offensive (or is likely to be perceived as such); (ii) promotes violence or any other illegal or immoral activity; (iii) is in breach of anyone else’s intellectual property rights; (iv) adversely affects the performance or availability of the Site; or (v) which is otherwise in breach of any of our Terms of Use;

(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of solicitation; or

(f) to knowingly transmit any viruses, worms, trojans, or any other contaminants that may be used to access and/or modify, delete or damage any data files or other computer programs.

5.3   You warrant that you are using the Site for yourself and not for any commercial purposes and that you have the legal authority to use the Site in accordance with these Terms of Use. You agree to be financially responsible for all charges, fees and other sums of whatever nature which arise out of your use of the Site.

5.4   We make no promise that the Site (or any sites that are linked to the Site) is free from technical errors, computer viruses or any other malicious or impairing computer programs.

6. INTELLECTUAL PROPERTY RIGHTS

6.1   All concepts, information and materials contained in or displayed on the Site (other than any User Generated Content) are the proprietary property of us or our licensors, and are protected by copyright, trade mark, and other applicable laws.

6.2   The Site is for your personal and non-commercial use. No part of the Site may be reproduced in any form without our prior consent, other than temporarily in the course of using our service or to keep a record of a transaction entered into using our service. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or in any other way use any material, information, products or services contained or featured on the Site.

6.3   You may not copy, reproduce or interfere with the Site, including but not limited to using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to monitor and to bar any such activity and your use of the Site hereby authorises us to monitor your use of the Site and its content.

7. INTERACTIVE SERVICES

7.1   We may from time to time provide interactive services on the Site, including, without limitation, the ability to upload content, blogs or customer reviews (“Interactive Services”).

7.2   Any material (which may include photos, blogs, postings and comments) that you upload on to the Site via the Interactive Services or other publicly accessible forum or area of the Site, or for the purposes of general publication (“User Generated Content”) will be considered non-confidential and non-proprietary, and we will have the worldwide and sub-licensable right to use, copy, distribute, disclose and make available to third parties any such material for any purpose connected with the Site. The posting on the Interactive Services or any other publicly accessible forums or areas of the Site of any material which (i) is inaccurate, discriminative, defamatory, obscene, threatening, deceptive, abusive, profane or offensive (or is likely to be perceived as such); (ii) promotes violence or any other illegal or immoral activity; (iii) is in breach of anyone else’s intellectual property rights; (iv) adversely affects the performance or availability of the Site; or (v) which is otherwise in breach of any of our Terms of Use, is expressly prohibited.

7.3   The Site may contain content supplied by third parties and visitors to the Site. Accordingly, we have no specific prior review process or editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective third parties and not necessarily those of PEP&CO. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose.

8. DATA PROTECTION

8.1   Your privacy is very important to us. Please read our Privacy Policy which sets out how we intend to use and share any personal data you may choose to share with us via the Site.

9. COOKIES

9.1   We use cookies as part of the Site.  Please read our Cookie Policy for more information about the types of cookies used.

10.  LIABILITY

10.1 We do not limit or exclude our liability to you for:

(a) death or personal injury caused by our negligence;

(b) our fraudulent misrepresentation; or

(c) any other liability that may not be limited or excluded under English law.

10.2 If any clause of these Terms of Use is found, in whole or part, to be unenforceable for any reason that clause or part of a clause shall not apply and these Terms of Use shall be applied as if that clause or part of a clause had not been included.

11. NON-RELIANCE ON INFORMATION

11.1 The information contained within the Site may contain inaccuracies and typographical and other errors. The information on these pages may be updated from time to time and may at times be out of date. Neither we nor any of our third-party providers of information guarantee the accuracy, completeness, or usefulness of any such information, nor its merchantability or fitness for any particular purpose.

11.2 Commentary and other materials appearing within the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

11.3 If you feel that any information appearing or posted on the Site is inaccurate, untrue or inappropriate or breaks any of the rules set out in these Terms of Use, please let us know by contacting us through the Site.

12. SUSPENSION

12.1 We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of the Site. When a breach of this policy has occurred, we may take such action as we deem appropriate, and this may include the immediate, temporary or permanent withdrawal of your right to use the Site.

13.  APPLICABLE LAW

13.1 These Terms of Use are governed by the law of England and Wales and you agree that any disputes between us, including any non-contractual disputes, arising from these Terms of Use or in relation to the Site, will be dealt with only by the courts of England and Wales, unless you choose to take proceedings in the courts of your home jurisdiction within the European Union, Norway, Switzerland or Iceland.

14.   CONTACTING US

Please submit any questions you have about these Terms of Use or any problems concerning the Site by email to admin@pepandco.com or write to us at 128 Wigmore Street, London W1U 3SA.