Gibli.com/BuyerRegistration

Gibli.com


Welcome ! 15 May 2008 14:18:23

Registration
E-mail Address*
First Name*
Last Name*
Gender*
Password*
Confirm Password*
Hint Question*
Hint Answer*
Date of Birth*	(eg:dd/mm/yyyy)
Address1*
Address2
County/State
Postal Code*
Country*
Company Name
Home Phone
Work Phone
Mobile
Terms & Conditions	Buyer Terms And Conditions Please read these terms and conditions carefully before using www.gibli.com ("Website") operated by gibli.com Limited ("Gibli", "Our", "We" or "Us") (Company No. 5366788 and VAT No. ). In particular, we draw your attention to clauses 8 (Applicability of online materials) and 12 (Liability) By clicking on the "I Accept" button at the bottom of these terms and conditions and then by accessing Our Website you agree to be legally bound by these terms and conditions, as they may be modified and posted on Our Website from time to time. If you do not wish to be bound by these terms and conditions then you may not use our Website. 1 Nature of Our Website Our Website is: 1.1 a place for one party ("Seller") to make available to others ("Buyer") goods and/or services ("Products"), whether by way of sale or otherwise. We do not buy or sell any Product; 1.2 available only to individuals that can form legally binding contracts under applicable law. In any event, you must be over 18 years old to use the services of Our Website to buy and/or sell the Products. 2 Products for sale 2.1 To order a Product from a Seller you must follow the order procedure set out on the order page. 2.2 You must pay by [credit card or debit card] at the time of order. The price of any Product is the price in force at the date and time of your order. The Seller may change the price of any Product before you place an order. We try to ensure that the prices displayed on Our Website are accurate, but the price on your order will need to be validated as part of the acceptance procedure. If a Product's correct price is higher than that stated in your order you may cancel the order and decide whether or not to order the Product at the correct price. 2.3 If your order is accepted [We on the Seller's behalf] will confirm acceptance to you by online electronic means ("Confirmation") to the e-mail address you have given Us [on registration/on ordering]. 2.4 You must satisfy yourself: 2.4.1 that where you reside overseas (that is to say not in the same jurisdiction as the Seller) it is lawful for you to buy and import such Product in the jurisdiction in which you reside (see also clause 8). 2.4.2 as to the terms and conditions upon which the Seller is prepared to make any Product available to you; and 2.4.3 that any Product will be fit for the purpose for which you have bought it (and, if in doubt, it is your responsibility to notify the Seller of this purpose before purchase). WE GIVE NO WARRANTY OR REPRESETNATION AS TO THE QUALITY OF THE PRODUCT, WHETHER IT IS FIT FOR YOUR PURPOSE OR CORRESPONDS WITH ANY DESCRIPTION GIVEN TO YOU BY THE SELLER (See clauses 12.1, 12.2 and 12.3). 3 Suspension You acknowledge Our right, at any time, with or without notice to you, to suspend all or any of the Products which a Seller may have made available to Buyers through Our Website if in Our opinion it is in the best interests of Our Website so to do. You agree that any suspension made by Us may be temporary or permanent and may relate to a specific Product (or class of Products). 4 Payments for Product You undertake that all details you provide to [Us/the Seller/Us on behalf of the Seller] for the purpose of purchasing any Product will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Product. [We/the Seller/We on behalf of the Seller] reserve the right to obtain validation of your credit or debit card details before providing you with any Product. 5 Security You are solely responsible in all respects for all use of and protecting the confidentiality of any user name, e-mail verification and password that may be given to you or selected by you for use on Our Website. You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorised use of them or any breach of security regarding Our Website that comes to your attention. 6 Modifications to Website We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of Our Website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the featuring and/or sale of new Products shall be subject to these terms and conditions. 7 Information you provide to us 7.1 The following applies to any information you provide to us, for example during any registration or ordering process: 7.1.1 You authorise Us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through Our Website by us, Our partners, successors (including the purchaser of the whole or part of Our business), associates, sub-contractors or other third parties (together Our ‘Partner Companies’). These Partner Companies may be located in countries outside the EEA that do not have laws to protect your information. Details of the companies and countries involved in your case will be provided on request. If you would like to request such information or review or modify any part of your personal information then you should e-mail Us at [info@gibli.com]. 7.1.2 If you feature Product(s) on Our Website and/or obtain or choose to buy Products through Our Website then We may collect information about your activities and if you send Us personal correspondence such as e-mails or letters (or post reviews or other messages on any bulletin boards or in any chat areas which may form part of Our Website) then We may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in Our privacy policy shall be known as ‘the Purposes’). All such information collected by Us shall be referred to in these terms and conditions as ‘Personal Information’. 7.1.3 You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. 7.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail Us at data@gibli.com. 7.3 In addition, the following also applies to all Product information, messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to Us(‘Content’): 7.3.1 you must own or have the right to submit Content for publication on Our Website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice; 7.3.2 you must ensure that all Content submitted to Us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libelous or defamatory of any person or be otherwise unlawful; 7.3.3 you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services other than Product Information submitted by you for Product you are featuring on Our Website; and 7.3.4 We have the right (but not an obligation) to monitor Content and may edit, reject or remove Content if We believe it does not comply with the above and, in particular, We reserve the right to block incoming e-mails and other Content if We believe that their content is or may be inappropriate or otherwise does not comply with the above. 7.4 You grant Us a non-exclusive, irrevocable, royalty free, worldwide licence to (i) hold a copy of any Product you have uploaded to Our Website and to make and distribute copies of each Product as is required to deliver a copy of the Product to any Buyer entitled to the same; and (ii) to publish all Content that you submit to Us except any portion of the Content that is Personal Information. You have sole responsibility for the Product and/or Content which you submit to Us and you shall indemnify and shall keep Us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by Us and arising directly or indirectly out of holding, copying, distributing and/or the publication of the Product and/or Content submitted by you to Us. 7.5 Without prejudice to the generality of clause 3 above, you warrant and undertake that you will not use Our Website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libelous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this Website terminates immediately without the necessity of any notice being given to you (and without right to any refund of any sum paid to Us or a release of liability for any sum due to Us from you). We retain the right to deny access to any person who fails to comply with these terms and conditions. 8 Applicability of online materials 8.1 Our Website is controlled and operated by Us from [Our offices] in [England]. [Where content published on the Website is supplied by third parties, you understand that We do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but We do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content. You assume total responsibility and risk for your use of Our Website and use of all information contained within it. 8.2 We have used all reasonable endeavours to ensure that Our Website complies with UK laws. However, We make no representations that the materials on Our Website are appropriate or available for use in locations outside the UK. Those who visit Our Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of Our Website and/or viewing of it, or use of any material or content on Our Website or services, or products offered through Our Website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use Our Website and you must exit immediately. 8.3 Gibli.com Limited makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Gibli.com Limited accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries. 9 Copyright and monitoring The contents of Our Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Gibli.com Limited, its affiliates or other third party licensors. All product and company names and logos mentioned in Our Website are the trade marks, service marks or trading names of their respective owners, including Us. You may download material from Our Website for the sole purpose of placing an order with a Seller or using Our Website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from Our Website including but not limited to text, graphics, video, messages, code and/or software without Our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire. 10 Linked sites Gibli.com Limited make no representations whatsoever about any other Websites which you may access through Our Website or which may link to Our Website. When you access any other Website you understand that it is independent from Gibli.com Limited and that We have no control over the content or availability of that Website. In addition, a link to any other Website does not mean that Gibli.com Limited endorses or accepts any responsibility for the content, or the use of, such a Website and Gibli.com Limited shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other Website or resource. Any concerns regarding any external link should be directed to its Website administrator or web master. 11 Availability of Our Website We will try to make Our Website available but cannot guarantee that Our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of Our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other Internet connected device. 12 Liability 12.1 We give no warranty and make no representation that Products featured on Our Website correspond with any description given by a Seller, are sold by the Seller as being fit for any particular application or for use under specific conditions. However We promise that any service We provide to you will be provided with reasonable skill and care. 12.2 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), Our Website or any information or service provided through Our Website. 12.3 All content, materials and information on Our Website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of Our Website and use of all information contained within it. 12.4 We (including our parent, subsidiaries, affiliates, officers, directors, employees and agents) accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the technical performance of Our Website, We accept no liability for this loss or damage (except where We have been negligent) whether due to inaccuracy, error, omission or any other cause. 12.5 If We are liable to you for any reason, Our liability will be limited to the greater of (i) the amount paid by you to Us in the last twelve months (that is to say ended on the date of the event, act or omission giving rise to such claim) in respect of your use of Our Website and (ii) £50. This limit does not apply to any liability We may have for death or personal injury resulting from Our negligence or for Our fraudulent misrepresentation. 12.6 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use Our Website and is compatible with Our Website. You also understand that We cannot and do not guarantee or warrant that any material available for downloading from Our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. 12.7 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law. 13 Indemnity Without prejudice to clause 7.4 you shall indemnify and hold Us (including our parent, subsidiaries, affiliates, officers, directors, employees and agents) harmless from any claim or demand (including Our legal fees) made by any third party due to or arising out of your breach of this agreement (including any documents incorporated by reference). 14 General 14.1 We may assign, transfer, novate or subcontract any or all of Our rights and obligations under these terms and conditions at any time, but you may not. 14.2 We may alter these terms and conditions from time to time and post the new version on Our Website, following which all use of Our Website will be governed by that version. You must check the terms and conditions on the Website regularly. 14.3 These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and Gibli.com Limited. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Gibli.com Limited or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions. 14.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. 14.5 These terms and conditions and your use of Our Website are governed by English law and you submit to the non-exclusive jurisdiction of the English court. 14.6 Except in respect of a payment obligation, neither you nor Gibli.com Limited will be held liable for any failure to perform any obligation to the other due to causes beyond your or Gibli.com Limited respective reasonable control. 14.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right. 14.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999. 15 Notices 15.1 All notices shall be given: 15.1.1 to Us via e-mail at [info@Gibli.com] or by post at [Gibli.com Limited, Room 4 Foremost House, Radford Way, Billericay, Essex, England CM12 0BT]; or 15.1.2 to you at either the e-mail or postal address you provide during any registration process. Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting. 16 Replacement These terms and conditions replace all other terms and conditions previously applicable to the use of Our Website. Please select ‘I agree to these terms and conditions ’ to confirm your acceptance of these terms and conditions. I agree to these terms and conditions * Seller Terms and Conditions Please read these terms and conditions carefully before using www.gibli.com ("Website") operated by gibli.com Limited ("Gibli", "Our", "We" or "Us") (Company No. 5366788 and VAT No. ). In particular, we draw your attention to clauses 8 (Applicability of online materials) and 12 (Liability) By clicking on the "I Accept" button at the bottom of these terms and conditions and then by accessing Our Website you agree to be legally bound by these terms and conditions, as they may be modified and posted on Our Website from time to time. If you do not wish to be bound by these terms and conditions then you may not use our Website. 1 Nature of Our Website Our Website is: 1.1 a place for one party ("Seller") to make available to others ("Buyer") goods and/or services ("Products"), whether by way of sale or otherwise. We do not buy or sell any Product; 1.2 available only to individuals that can form legally binding contracts under applicable law. In any event, you must be over 18 years old to use the services of Our Website to buy and/or sell the Products. 2 Products for sale 2.1 You confirm to Us that you have authority to sell each Product that is featured by you on Our Website and that it is lawful for you to sell such Products and that by such sale you are not infringing the rights of anyone else. 2.2 You are responsible for: 2.2.1 the provision of information relating to the Products that you are featuring on Our Website and for any updating of that information; 2.2.2 ensuring that the Product information provided by you for display on Our Website is accurate, up to date, relevant and not misleading; 2.2.3 uploading to Our Website the Product which is to be made available to a Buyer; 2.2.4 ensuring that the terms and conditions upon which you are prepared to make the Products available to a Buyer through Our Website are clearly set out and available to all Buyers and prospective Buyers; 2.2.5 ensuring that where a Buyer is resident overseas it is lawful for you to sell and export each such Product to a resident in the Buyer's jurisdiction (see also clause 8). 3 Suspension You acknowledge Our right, at any time, with or without notice to you, to suspend all or any of the Products which you may have made available to Buyers through Our Website if in Our opinion it is in the best interests of Our Website so to do. You agree that any suspension made by Us may be temporary or permanent and may relate to a specific Product (or class of Products) or to your continued participation as a user of Our Website (see also clause 7.5). 4 Payments to Gibli.com Limited 4.1 You agree that you will pay to Us: 4.1.1 an annual listing fee of a sum equivalent to the greater of £2 and 100% of the usual sale price. For the avoidance of doubt, the listing fee shall be calculated on the usual price charged to a Buyer to download the relevant Product and shall disregard any discounts which may be offered by you. If during the course of a period of 12 months you shall increase the usual price to the Buyer We reserve the right to invoice you for a supplemental sum representing 100% of the increase in price; and 4.1.2 a commission being a percentage based on the value of the payment made by each Buyer for the Product. This percentage is 15%. 4.2 Where appropriate we will charge value added tax (or any such similar tax as may replace or supplement it) on all sums to be paid to Us by you. 4.3 Payment: 4.3.1 must be made in advance for the annual listing fee (and if you do not pay on time the relevant Product will be removed from Our Website); and 4.3.2 any commission due to Us will be automatically deducted by Us out of any payment made by a Buyer. 4.4 We will provide you with, and you agree to accept, an electronic invoice for the purposes of all payments due to Us from you. 5 Security You are solely responsible in all respects for all use of and protecting the confidentiality of any user name, e-mail verification and password that may be given to you or selected by you for use on Our Website. You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorised use of them or any breach of security regarding Our Website that comes to your attention. 6 Modifications to Website We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of Our Website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the featuring and/or sale of new Products shall be subject to these terms and conditions. 7 Information you provide to us 7.1 The following applies to any information you provide to us, for example during any registration or ordering process: 7.1.1 You authorise Us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through Our Website by us, Our partners, successors (including the purchaser of the whole or part of Our business), associates, sub-contractors or other third parties (together Our ‘Partner Companies’). These Partner Companies may be located in countries outside the EEA that do not have laws to protect your information. Details of the companies and countries involved in your case will be provided on request. If you would like to request such information or review or modify any part of your personal information then you should e-mail Us at mailto:info@gibli.com. 7.1.2 If you feature Product(s) on Our Website and/or obtain or choose to buy Products through Our Website then We may collect information about your activities and if you send Us personal correspondence such as e-mails or letters (or post reviews or other messages on any bulletin boards or in any chat areas which may form part of Our Website) then We may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in Our privacy policy shall be known as ‘the Purposes’). All such information collected by Us shall be referred to in these terms and conditions as ‘Personal Information’. 7.1.3 You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. 7.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail Us at data@gibli.com. 7.3 In addition, the following also applies to all Product information, messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to Us(‘Content’): 7.3.1 you must own or have the right to submit Content for publication on Our Website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice; 7.3.2 you must ensure that all Content submitted to Us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libelous or defamatory of any person or be otherwise unlawful; 7.3.3 you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services other than Product Information submitted by you for Product you are featuring on Our Website; and 7.3.4 We have the right (but not an obligation) to monitor Content and may edit, reject or remove Content if We believe it does not comply with the above and, in particular, We reserve the right to block incoming e-mails and other Content if We believe that their content is or may be inappropriate or otherwise does not comply with the above. 7.4 You grant Us a non-exclusive, irrevocable, royalty free, worldwide licence to (i) hold a copy of any Product you have uploaded to Our Website and to make and distribute copies of each Product as is required to deliver a copy of the Product to any Buyer entitled to the same; and (ii) to publish all Content that you submit to Us except any portion of the Content that is Personal Information. You have sole responsibility for the Product and/or Content which you submit to Us and you shall indemnify and shall keep Us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by Us and arising directly or indirectly out of holding, copying, distributing and/or the publication of the Product and/or Content submitted by you to Us. 7.5 Without prejudice to the generality of clause 3 above, you warrant and undertake that you will not use Our Website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libelous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this Website terminates immediately without the necessity of any notice being given to you (and without right to any refund of any sum paid to Us or a release of liability for any sum due to Us from you). We retain the right to deny access to any person who fails to comply with these terms and conditions. 8 Applicability of online materials 8.1 Our Website is controlled and operated by Us from [Our offices] in [England]. [Where content published on the Website is supplied by third parties, you understand that We do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but We do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content. You assume total responsibility and risk for your use of Our Website and use of all information contained within it. 8.2 We have used all reasonable endeavours to ensure that Our Website complies with UK laws. However, We make no representations that the materials on Our Website are appropriate or available for use in locations outside the UK. Those who visit Our Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of Our Website and/or viewing of it, or use of any material or content on Our Website or services, or products offered through Our Website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use Our Website and you must exit immediately. 8.3 Gibli.com Limited makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Gibli.com Limited accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries. 9 Copyright and monitoring The contents of Our Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Gibli.com Limited, its affiliates or other third party licensors. All product and company names and logos mentioned in Our Website are the trade marks, service marks or trading names of their respective owners, including Us. You may download material from Our Website for the sole purpose of placing an order with a Seller or using Our Website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from Our Website including but not limited to text, graphics, video, messages, code and/or software without Our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire. 10 Linked sites Gibli.com Limited make no representations whatsoever about any other Websites which you may access through Our Website or which may link to Our Website. When you access any other Website you understand that it is independent from Gibli.com Limited and that We have no control over the content or availability of that Website. In addition, a link to any other Website does not mean that Gibli.com Limited endorses or accepts any responsibility for the content, or the use of, such a Website and Gibli.com Limited shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other Website or resource. Any concerns regarding any external link should be directed to its Website administrator or web master. 11 Availability of Our Website We will try to make Our Website available but cannot guarantee that Our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of Our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other Internet connected device. 12 Liability 12.1 We give no warranty and make no representation that Products featured on Our Website correspond with any description given by a Seller, are sold by the Seller as being fit for any particular application or for use under specific conditions. However We promise that any service We provide to you will be provided with reasonable skill and care. 12.2 We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), Our Website or any information or service provided through Our Website. 12.3 All content, materials and information on Our Website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of Our Website and use of all information contained within it. 12.4 We (including our parent, subsidiaries, affiliates, officers, directors, employees and agents) accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the technical performance of Our Website, We accept no liability for this loss or damage (except where We have been negligent) whether due to inaccuracy, error, omission or any other cause. 12.5 If We are liable to you for any reason, Our liability will be limited to the greater of (i) the amount paid by you to Us in the last twelve months (that is to say ended on the date of the event, act or omission giving rise to such claim) in respect of your use of Our Website and (ii) £50. This limit does not apply to any liability We may have for death or personal injury resulting from Our negligence or for Our fraudulent misrepresentation. 12.6 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use Our Website and is compatible with Our Website. You also understand that We cannot and do not guarantee or warrant that any material available for downloading from Our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. 12.7 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law. 13 Indemnity Without prejudice to clause 7.4 you shall indemnify and hold Us (including our parent, subsidiaries, affiliates, officers, directors, employees and agents) harmless from any claim or demand (including Our legal fees) made by any third party due to or arising out of your breach of this agreement (including any documents incorporated by reference). 14 General 14.1 We may assign, transfer, novate or subcontract any or all of Our rights and obligations under these terms and conditions at any time, but you may not. 14.2 We may alter these terms and conditions from time to time and post the new version on Our Website, following which all use of Our Website will be governed by that version. You must check the terms and conditions on the Website regularly. 14.3 These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and Gibli.com Limited. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Gibli.com Limited or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions. 14.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. 14.5 These terms and conditions and your use of Our Website are governed by English law and you submit to the non-exclusive jurisdiction of the English court. 14.6 Except in respect of a payment obligation, neither you nor Gibli.com Limited will be held liable for any failure to perform any obligation to the other due to causes beyond your or Gibli.com Limited respective reasonable control. 14.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right. 14.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999. 15 Notices 15.1 All notices shall be given: 15.1.1 to Us via e-mail at info@Gibli.com or by post at [Gibli.com Limited, Room 4 Foremost House, Radford Way, Billericay, Essex, England CM12 0BT]; or 15.1.2 to you at either the e-mail or postal address you provide during any registration process. Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting. 16 Replacement These terms and conditions replace all other terms and conditions previously applicable to the use of Our Website. Please select ‘I agree to these terms and conditions’ to confirm your acceptance of these terms and conditions. I agree to these terms and conditions *
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