JustDiffer (www.justdiffer.com) owns and operate this Website. This document governs your relationship with [www.justdiffer.com. Accessto and use of this Website and the products and services available through thisWebsite (collectively, the “Services”) are subject to the followingterms, conditions and notices (the “Terms of Service”). By using theServices, you are agreeing to all of the Terms of Service, as may be updated byus from time to time. You should check this page regularly to take notice ofany changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and wereserve the right to withdraw or amend the Services without notice. We will notbe liable if for any reason this Website is unavailable at any time or for anyperiod. From time to time, we may restrict access to some parts or this entireWebsite.
You must not misuse this Website. You will not: commit orencourage a criminal offense; transmit or distribute a virus, trojan, worm,logic bomb or any other material which is malicious, technologically harmful,in breach of confidence or in any way offensive or obscene; hack into anyaspect of the Service; corrupt data; cause annoyance to other users; infringeupon the rights of any other person’s proprietary rights; send any unsolicitedadvertising or promotional material, commonly referred to as “spam”;or attempt to affect the performance or functionality of any computerfacilities of or accessed through this Website. Breaching this provision wouldconstitute a criminal offense and [Www.justdiffer.com] will report any suchbreach to the relevant law enforcement authorities and disclose your identityto them.
We will not be liable for any loss or damage caused by adistributed denial-of-service attack, viruses or other technologically harmfulmaterial that may infect your computer equipment, computer programs, data orother proprietary material due to your use of this Website or to yourdownloading of any material posted on it, or on any website linked to it.
IntellectualProperty, Software and Content
The intellectual property rights in all software and content (includingphotographic images) made available to you on or through this Website remainsthe property of [www.justdiffer.com] or its licensors and are protected bycopyright laws and treaties around the world. All such rights are reserved by[www.justdiffer.com] and its licensors. You may store, print and display thecontent supplied solely for your own personal use. You are not permitted topublish, manipulate, distribute or otherwise reproduce, in any format, any ofthe content or copies of the content supplied to you or which appears on thisWebsite nor may you use any such content in connection with any business orcommercial enterprise.
By placing an order you are offering to purchase a product on andsubject to the following terms and conditions. All orders are subject toavailability and confirmation of the order price.
Dispatch times may vary according to availability and subject toany delays resulting from postal delays or force majeure for which we will notbe responsible.
In order to contract with [www.justdiffer.com] you must be over 18years of age and possess a valid credit or debit card issued by a bankacceptable to us. [www.justdiffer.com] retains the right to refuse any requestmade by you. If your order is accepted we will inform you by email and we willconfirm the identity of the party which you have contracted with. This willusually be [www.justdiffer.com] or may in some cases be a third party. Where acontract is made with a third party [www.justdiffer.com] is not acting aseither agent or principal and the contract is made between yourself and thatthird party and will be subject to the terms of sale which they supply you.When placing an order you undertake that all details you provide to us are trueand accurate, that you are an authorized user of the credit or debit card usedto place your order and that there are sufficient funds to cover the cost ofthe goods. The cost of foreign products and services may fluctuate. All pricesadvertised are subject to such changes.
When you place an order, you will receive an acknowledgemente-mail confirming receipt of your order: this email will only be anacknowledgement and will not constitute acceptance of your order. A contractbetween us will not be formed until we send you confirmation by e-mail that thegoods which you ordered have been dispatched to you. Only those goods listed inthe confirmation e-mail sent at the time of dispatch will be included in thecontract formed.
(b)Pricing and Availability
Whilst we try and ensure that all details, descriptions and priceswhich appear on this Website are accurate, errors may occur. If we discover anerror in the price of any goods which you have ordered we will inform you ofthis as soon as possible and give you the option of reconfirming your order atthe correct price or cancelling it. If we are unable to contact you we willtreat the order as cancelled. If you cancel and you have already paid for thegoods, you will receive a full refund.
Delivery costs will be charged in addition; such additionalcharges are clearly displayed where applicable and included in the ‘TotalCost’.
Upon receiving your order we carry out a standard authorizationcheck on your payment card to ensure there are sufficient funds to fulfill thetransaction. Your card will be debited upon authorization being received. Themonies received upon the debiting of your card shall be treated as a depositagainst the value of the goods you wish to purchase. Once the goods have beendispatched and you have been sent a confirmation email the monies paid as adeposit shall be used as consideration for the value of goods you havepurchased as listed in the confirmation email.
The material displayed on this Website is provided without anyguarantees, conditions or warranties as to its accuracy. Unless expresslystated to the contrary to the fullest extent permitted by law[www.justdiffer.com] and its suppliers, content providers and advertisershereby expressly exclude all conditions, warranties and other terms which mightotherwise be implied by statute, common law or the law of equity and shall notbe liable for any damages whatsoever, including but without limitation to anydirect, indirect, special, consequential, punitive or incidental damages, ordamages for loss of use, profits, data or other intangibles, damage to goodwillor reputation, or the cost of procurement of substitute goods and services,arising out of or related to the use, inability to use, performance or failuresof this Website or the Linked Sites and any materials posted thereon,irrespective of whether such damages were foreseeable or arise in contract,tort, equity, restitution, by statute, at common law or otherwise. This doesnot affect [Www.justdiffer.com]’s liability for death or personal injuryarising from its negligence, fraudulent misrepresentation, misrepresentation asto a fundamental matter or any other liability which cannot be excluded orlimited under applicable law.
Linkingto this Website
You may link to our home page, provided you do so in a way that isfair and legal and does not damage our reputation or take advantage of it, butyou must not establish a link in such a way as to suggest any form ofassociation, approval or endorsement on our part where none exists. You mustnot establish a link from any website that is not owned by you. This Websitemust not be framed on any other site, nor may you create a link to any part ofthis Website other than the home page. We reserve the right to withdraw linkingpermission without notice.
Disclaimer as to ownership of trade marks, images of personalitiesand third party copyright
Except where expressly stated to the contrary all persons(including their names and images), third party trade marks and content,services and/or locations featured on this Website are in no way associated,linked or affiliated with [Www.justdiffer.com] and you should not rely on theexistence of such a connection or affiliation. Any trade marks/names featuredon this Website are owned by the respective trade mark owners. Where a trademark or brand name is referred to it is used solely to describe or identify theproducts and services and is in no way an assertion that such products orservices are endorsed by or connected to [www.justdiffer.com].
You agree to indemnify, defend and hold harmless[www.justdiffer.com], its directors, officers, employees, consultants, agents,and affiliates, from any and all third party claims, liability, damages and/orcosts (including, but not limited to, legal fees) arising from your use thisWebsite or your breach of the Terms of Service.
[www.justdiffer.com] shall have the right in its absolutediscretion at any time and without notice to amend, remove or vary the Servicesand/or any page of this Website.
If any part of the Terms of Service is unenforceable (includingany provision in which we exclude our liability to you) the enforceability ofany other part of the Terms of Service will not be affected all other clausesremaining in full force and effect. So far as possible where anyclause/sub-clause or part of a clause/sub-clause can be severed to render theremaining part valid, the clause shall be interpreted accordingly.Alternatively, you agree that the clause shall be rectified and interpreted insuch a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use totry to resolve disputes when they first arise, please let us know if you have any.