1. ACCEPTANCE OF TERMS
"Content" has the meaning given in clause 8.
"Rules" has the meaning given in clause 8.
"Wrappz Service" means the online resources and functions provided by us through the Wrappz Site.
"Software" has the meaning given in clause 20.
"We" or "us" means Undercover Design Limited.
"You" means the individual using the Wrappz Site or the Wrappz Service.
2. INFORMATION ABOUT US
wrappz.com is a site operated by Undercover Design Limited. Undercover Design Limited is registered in England & Wales under company number 6255153 and has its registered office at 104 High Street, West Wickham, Kent BR4 0NF
3. ACCESSING OUR SITE
Access to the Wrappz Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Wrappz Site or the Wrappz Service at any time without notice. We will not be liable if for any reason either the Wrappz Site or the Wrappz Service is unavailable at any time or for any period.
4. DESCRIPTION OF SERVICE
Through the Wrappz Service, we provide users with access to a collection of online resources, including:
- A platform for uploading personalised images; and
- The tools, and ability to use those images to design, order and pay for a custom made cover for phones, iPods, laptops and games consoles.
You acknowledge and agree that the Wrappz Site and the Wrappz Service are provided "as is" and that we assume no responsibility for the timeliness, deletion, or unavailability of either of them for any reason.
5. YOUR OBLIGATIONS AND SUPERVISING CHILDREN
You agree that when using the Wrappz Site or the Wrappz Service, you will provide true, accurate, current and complete information about yourself as prompted by the Wrappz Site or the Wrappz Service (as the case may be).
If you provide any information that is untrue, inaccurate, out of date or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, out of date or incomplete, we have the right to refuse any and all current or future use of the Wrappz Site and/or the Wrappz Service (in whole or in part).
We are concerned about the safety and privacy of all our customers and users of the Wrappz Site and the Wrappz Service, particularly children. For this reason, parents who wish to allow their children access to the Wrappz Site or the Wrappz Service should assist them and supervise their access to the Wrappz Site or the Wrappz Service. By allowing your child access to the Wrappz Site or the Wrappz Service, you accept that they will be able to access all of the Wrappz Site and the Wrappz Service.
You agree that data provided by or obtained about you during your use ofthe Wrappz Site or the Wrappz Service will be processed in accordancewith our PrivacyPolicy
7. USER CONDUCT
You acknowledge that all information, data, text, photographs, graphics, messages and other materials uploaded to the Wrappz Site, or transmitted by any person in connection with the Wrappz Service ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you and not us are entirely responsible for all Content that you upload via the Wrappz Site or the Wrappz Service. We do not control the Content uploaded via the Wrappz Site or the Wrappz Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content uploaded otherwise transmitted via the Wrappz Site or the Wrappz service.
We have the right to disclose your identity to any third party who claims that any Content uploaded by you to the Wrappz Site constitutes a breach of their intellectual property rights, or of their right to privacy.
You agree to not use the Wrappz Site or the Wrappz Service to:
- Upload or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, vulgar, obscene, libellous, defamatory, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
- Harm children in any way
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Wrappz Site or the Wrappz Service
- Upload or otherwise transmit any Content that you do not have a right to upload or transmit under any law or under contractual or fiduciary relationships (such as "inside information", proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- Upload or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
- Upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Wrappz Site or the Wrappz Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
- Interfere with or disrupt the Wrappz Site or the Wrappz Service or servers or networks connected to the Wrappz Site or the Wrappz Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Wrappz Site or the Wrappz Service
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act
- Publish a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism, (collectively referred to as the "Prohibited Uses").
- Immediate, temporary or permanent withdrawal of your right to use the Wrappz Site or the Wrappz Service.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
9. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Wrappz 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 the Wrappz Site, or by anyone who may be informed of any of its contents.
We make no warranty as to the accuracy, reliability, suitability or currency of the information on the Wrappz Site. We urge you to seek independent advice before acting on any information contained in the Wrappz Site.
10. SPECIAL TERMS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
13. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Wrappz Site the Wrappz Service or Wrappz Products, use of the Wrappz Site, Wrappz Service or Wrappz Products, or access to the Wrappz Site or the Wrappz Service.
14. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Wrappz Site or the Wrappz Service (in whole or in part) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Wrappz Site or the Wrappz Service.
15. LINKS FROM OUR SITES
We may provide, or third parties may provide, links to other websites or resources through the Wrappz Site. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. LINKING TO OUR SITE
You may link to our wrappz.com home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of the Wrappz Site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on the Wrappz Site other than that set out above, please address your request to email@example.com
17. WRAPPZ.COM PROPRIETARY RIGHTS
You acknowledge and agree that the Wrappz Site or the Wrappz Service and any necessary software used in connection with the Wrappz Site or the Wrappz Service ("Software") contain proprietary and confidential information of Undercover Design Limited that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Wrappz Site, the Wrappz Service or the Software is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Wrappz Site or the Wrappz Service or the Software, in whole or in part.
You agree not to access the Wrappz Service by any means other than through the interface that is provided by us for that purpose on the Wrappz Site.
You must not use any part of the materials on the Wrappz Site for commercial purposes without obtaining a licence to do so from us or our licensors.
18. LEGAL NOTICES
You expressly acknowledge and agree that:
- Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Subject to our Refund Policy to the fullest extent permitted by applicable law, Undercover Design Limited and third parties connected to Undercover Design Limited expressly disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, including, but not limited to any implied term of merchant ability, satisfactory quality, fitnessfor a particular purpose, and any term as to the provision of the Wrappz Site or the Wrappz Service to a standard of reasonable care and skill or as to non-infringement of any intellectual property right;
- We make no warranty or representation that: (i) the Wrappz Site or the Wrappz Service will meet your requirements; (ii) the Wrappz Site or the Wrappz Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Wrappz Site or the Wrappz Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Wrappz Site or the Wrappz Service will meet your expectations; or (v) any errors in the Software will be corrected.
- Downloading or otherwise obtaining any material through the use of the Wrappz Site or the Wrappz Service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. and
- Information you enter into our booking forms may be collected and stored briefly by us so that we may contact you in relation to the nature of your enquiry/attempted transaction, even if you don't confirm the transaction. This may be used to send operational emails to enquire as to why the transaction was not completed. We will not use this data for any other purpose, we won't store it for longer than necessary and we certainly won't share it with any other company. Our aim is simply to provide you with the highest level of service that we can.
- Images uploaded through our sites and images of products produced by us may be used at times for promotional purposes including but not limited to advertising
19. LIMITATION OF LIABILITY
You expressly acknowledge and agree that Undercover Design Limited and third parties connected to Undercover Design Limited shall not be liable for:
- Any direct, indirect, incidental, special, consequential or exemplary damages, costs, losses, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Wrappz Site or the Wrappz Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Wrappz Site or the Wrappz Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Wrappz Site or the Wrappz Service; or (v) any other matter relating to the Wrappz Site or the Wrappz Service.
- Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The above does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
20. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Wrappz Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful to the Wrappz Site, the Wrappz Service or any of our interests. You must not attempt to gain unauthorised access to the Wrappz Site, the server on which the Wrappz Site is stored or any server, computer or database connected to the Wrappz Site. You must not attack the Wrappz Site via a denial-of-service attack or a distributed denial-of service attack.
In the event of any breach of this clause 23, your right to use the Wrappz Site and the Wrappz Service will cease immediately.
We will not be liable for any cost, loss or damage (including without limitation, all of the types of loss, cost and damage referred to in clause 22) caused or incurred by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Wrappz Site or the Wrappz Service or to your downloading of any material posted on the Wrappz Site, or on any website linked to it.
21. VOUCHERS, DISCOUNTS AND OFFERS
Unless otherwise specified, only one voucher can be used per transaction and cannot be used in conjunction with any other discount or offers.
23. TRADEMARK INFORMATION
Wrappz.com, the wrappz.com logo and product and service names are trademarks owned by Undercover Design Limited. You agree not to display or use such marks, logos and/or branding without our prior express written permission.
24. COPYRIGHTS AND COPYRIGHT AGENTS
We respect the intellectual property of others, and we ask users of the Wrappz Site and the Wrappz Service to do the same. If you believe that any of your intellectual property rights have been infringed on the Wrappz Site or in connection with the Wrappz Service, please contact us to report the problem.
25. GENERAL INFORMATION
Copyright © 2011 Undercover Design Limited. All rights reserved.