Terms & Conditions

OVERVIEW

This website/application is run by the Popilush team. Wherever the words “we”, “us” and “our” appear across the website/application, they refer to the Popilush team. Popilush makes this website/application available to you, the user — together with every piece of information, every tool and every service offered through this site — on the condition that you accept all of the terms, conditions, policies and notices set out here.

When you browse our site and/or buy something from us, you take part in our “Service” and accept the terms and conditions set out below (“TERMS AND CONDITIONS”, “Terms”), together with any additional terms, conditions and policies mentioned here and/or reachable through a hyperlink. These TERMS AND CONDITIONS bind every user of the site, without limitation, whether you are a browser, vendor, customer, merchant and/or a contributor of content.

Please go through these TERMS AND CONDITIONS attentively before you reach or use our website/application. The moment you access or use any portion of the site, you accept being bound by these TERMS AND CONDITIONS. Should you disagree with any of the terms and conditions of this agreement, you are not permitted to access the website/application or use any service. If these TERMS AND CONDITIONS are treated as an offer, acceptance of that offer is strictly limited to these TERMS AND CONDITIONS.

Every new feature or tool later added to the present store falls under these TERMS AND CONDITIONS as well. The most recent version of the TERMS AND CONDITIONS can be consulted on this page whenever you wish. We keep the right to update, alter or replace any portion of these TERMS AND CONDITIONS by publishing updates and/or modifications on our website/application. Checking this page from time to time for changes is your responsibility. If you keep using or accessing the website/application after such changes are published, you accept them.

SECTION 1 - ONLINE STORE TERMS

By accepting these TERMS AND CONDITIONS, you undertake not to use our products for any unlawful or unauthorized purpose, and not to break any law of your jurisdiction while using the Service (copyright laws included, without limitation).

You are not to transmit worms, viruses or any code of a destructive nature.

Any breach or violation of the Terms leads to the immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We keep the right to deny service to anyone, for any reason, at any moment.

You understand that your content (credit card details excluded) may travel unencrypted and may involve (a) transmissions across a number of networks; and (b) alterations made to conform and adapt to the technical requirements of the networks or devices being connected. Credit card details are always encrypted while being transferred across networks.

You undertake not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of the Service, any access to the Service, or any contact on the website/application through which the service is delivered, unless we have granted you express written permission.

The headings used throughout this agreement exist purely for convenience and neither limit nor otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We take no responsibility if the information published on this site turns out to be inaccurate, incomplete or out of date. The material on this site is supplied for general information only and should never be trusted or used as the only basis for a decision without first consulting primary sources that are more accurate, more complete or more up to date. Any reliance you place on the material of this site is at your own risk.

This site may hold certain historical information. By its very nature, historical information is not current and is supplied for reference only. We keep the right to change the contents of this site whenever we wish, though we are under no obligation to update any information on it. You accept that watching for changes on our site is your responsibility.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products may change without prior notice.

We keep the right to alter or discontinue the Service (or any part or content of it) at any moment, without notice.

We will not be held liable towards you or towards any third party for any alteration, price change, suspension or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Some products or services may be offered exclusively online through the website/application. Such products or services may exist in limited quantities and may be returned or exchanged only in line with our Return Policy.

We have done everything we can to show the colors and images of the products displayed at the store as faithfully as possible. We cannot guarantee that the color shown by your computer monitor will be accurate.

We keep the right, without being obliged to do so, to restrict the sale of our products or Services to any person, geographic region or jurisdiction. This right may be exercised case by case. We keep the right to restrict the quantities of any product or service we offer. Every product description and every product price may change at any moment without notice, at our sole discretion. We keep the right to discontinue any product at any time. Any offer of a product or service published on this site is void where prohibited.

We give no warranty that the quality of any product, service, information or other material you buy or obtain will match your expectations, nor that every error in the Service will be fixed.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We keep the right to decline any order you place with us. At our sole discretion, we may restrict or cancel the quantities bought per person, per household or per order. Such restrictions may cover orders placed with or under the same customer account, the same credit card, and/or orders sharing the same billing and/or shipping address. Should we modify or cancel an order, we may try to notify you through the e-mail and/or the billing address/phone number given when the order was placed. We keep the right to restrict or refuse orders that, in our sole judgment, look as though they were placed by dealers, resellers or distributors.

You undertake to supply current, complete and accurate purchase and account information for every purchase made at our store. You undertake to update your account and other details promptly — your email address, your credit card numbers and their expiry dates included — so that we can complete your transactions and reach you when needed.

For more details, please review our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may give you access to third-party tools that we neither monitor nor control nor have any input over.

You acknowledge and accept that such tools are made available “as is” and “as available”, with no warranty, representation or condition of any kind and with no endorsement whatsoever. We carry no liability at all arising out of or related to your use of optional third-party tools.

Any use you make of the optional tools offered through the site is entirely at your own risk and discretion, and you should make sure you are familiar with and comfortable with the terms under which the relevant third-party provider(s) supply those tools.

In the future we may also introduce new services and/or features through the website/application (including the launch of new tools and resources). Such new features and/or services will likewise fall under these TERMS AND CONDITIONS.

SECTION 8 - THIRD-PARTY LINKS

Some of the content, products and services available through our Service may include material coming from third parties.

Third-party links on this site may lead you to third-party websites that have no affiliation with us. We are not responsible for examining or evaluating their content or accuracy, we give no warranty and we accept no liability or responsibility for any third-party material or website, nor for any other material, product or service of third parties.

We carry no liability for harm or damages connected with the purchase or use of goods, services, resources, content, or any other transaction carried out in connection with any third-party website. Please read the policies and practices of the third party carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third-party products should be addressed to that third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our invitation, you send us certain specific submissions (contest entries, for example), or if without any invitation from us you send creative ideas, suggestions, proposals, plans or other material, whether online, by email, by postal mail or otherwise (all of it referred to as 'comments'), you accept that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comment you forward to us. We are and will remain under no obligation (1) to keep any comment confidential; (2) to pay compensation for any comment; or (3) to reply to any comment.

We may, though we are not obliged to, monitor, edit or delete content that we determine at our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property or these TERMS AND CONDITIONS.

You accept that your comments will not infringe any right of any third party, including copyright, trademark, privacy, personality or any other personal or proprietary right. You further accept that your comments will contain no libelous or otherwise unlawful, abusive or obscene material, and no computer virus or other malware capable of affecting in any way the operation of the Service or of any related website/application. You may not use a false e-mail address, pass yourself off as someone else, or otherwise mislead us or third parties as to the origin of any comment. You alone are responsible for the comments you make and for their accuracy. We take no responsibility and assume no liability for any comment posted by you or by any third party.

SECTION 10 - PERSONAL INFORMATION

The personal information you submit through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

From time to time there may be information on our site or within the Service containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We keep the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders if any information in the Service or on any related website/application is inaccurate, at any time and without prior notice (including after you have submitted your order).

We take on no obligation to update, amend or clarify information in the Service or on any related website/application, including without limitation pricing information, except where the law requires it. No specified update or refresh date shown in the Service or on any related website/application should be read as an indication that all information in the Service or on any related website/application has been modified or updated.

SECTION 12 - PROHIBITED USES

On top of the other prohibitions set out in the TERMS AND CONDITIONS, you are forbidden from using the site or its content: (a) for any unlawful purpose; (b) to invite others to carry out or take part in any unlawful act; (c) to break any international regulation or any of the UK’s regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other kind of malicious code that will or may be used in any way affecting the functionality or operation of the Service or of any related website/application, of other websites, or of the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or get around the security features of the Service or of any related website/application, of other websites, or of the Internet. We keep the right to end your use of the Service or of any related website/application for breaching any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or free of errors.

We give no warranty that the results obtained from the use of the service will be accurate or reliable.

You accept that from time to time we may withdraw the service for indefinite periods, or cancel the service altogether, at any moment and without notifying you.

You expressly accept that your use of the service, or your inability to use it, is at your sole risk. The service and all products and services delivered to you through the service are supplied (except where we have expressly stated otherwise) 'as is' and 'as available' for your use, without any representation, warranty or condition of any kind, whether express or implied, including every implied warranty or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

Under no circumstance shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or for any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether founded in contract, tort (negligence included), strict liability or otherwise, arising out of your use of any part of the service or of any product procured through the service, or for any other claim connected in any way to your use of the service or of any product, including but not limited to any error or omission in any content, or any loss or damage of any kind incurred as a result of the use of the service or of any content (or product) posted, transmitted or otherwise made available through the service, even where their possibility had been pointed out. Because some states or jurisdictions do not permit the exclusion or the limitation of liability for consequential or incidental damages, in those states or jurisdictions our liability shall be limited to the maximum extent allowed by law.

SECTION 14 - INDEMNIFICATION

You undertake to indemnify, defend and hold harmless us and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, against any claim or demand, reasonable attorneys’ fees included, brought by any third party because of or arising out of your breach of these TERMS AND CONDITIONS or of the documents they incorporate by reference, or out of your violation of any law or of the rights of a third party.

SECTION 15 - SEVERABILITY

Should any provision of these TERMS AND CONDITIONS be found unlawful, void or unenforceable, that provision shall nevertheless be enforced to the fullest extent allowed by applicable law, and the unenforceable portion shall be considered severed from these TERMS AND CONDITIONS; such a finding shall not affect the validity and enforceability of any of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities incurred by the parties before the termination date survive the termination of this agreement for all purposes.

These TERMS AND CONDITIONS remain in force unless and until either you or we terminate them. You may terminate these TERMS AND CONDITIONS at any moment by telling us that you no longer wish to use our Services, or simply by ceasing to use our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these TERMS AND CONDITIONS, we may likewise terminate this agreement at any moment without notice; you will remain liable for every amount due up to and including the termination date, and we may accordingly deny you access to our Services (or to any part of them).

SECTION 17 - ENTIRE AGREEMENT

If we fail to exercise or enforce any right or provision of these TERMS AND CONDITIONS, that shall not amount to a waiver of such right or provision.

These TERMS AND CONDITIONS, along with any policy or operating rule published by us on this site or in respect of The Service, form the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreement, communication and proposal, oral or written, between you and us (including, but not limited to, any earlier version of the TERMS AND CONDITIONS).

Any ambiguity in the interpretation of these TERMS AND CONDITIONS shall not be construed against the drafting party.

SECTION 18 - DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

18.1 Governing Law. These Terms of Service, and any separate agreement under which we provide you Services, are governed by and construed in accordance with the laws of the State of Virginia, without regard to its conflict of law provisions.

18.2 Binding Arbitration. You and we agree that any dispute, claim or controversy arising out of or relating to these Terms, or to their breach, termination, enforcement, interpretation or validity — including deciding the scope or applicability of this agreement to arbitrate — shall be settled by binding arbitration in James City County, Virginia, before one arbitrator. The arbitration shall be administered by JAMS (or by the American Arbitration Association "AAA") under its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court holding jurisdiction.

18.3 Attorneys' Fees. Each party shall carry its own costs and attorneys' fees in connection with any arbitration or legal proceeding; provided, however, that the arbitrator may award the prevailing party its reasonable attorneys' fees and costs where an applicable statute allows it.

18.4 CLASS ACTION WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless you and we both agree otherwise, the arbitrator may not consolidate the claims of more than one person, and may not otherwise preside over any form of representative or class proceeding.

18.5 Judicial Forum. To the extent that a claim is allowed to proceed in court (other than small claims court), you and we agree that the exclusive jurisdiction and venue shall be the state or federal courts located in James City County, Virginia.

SECTION 19 - CHANGES TO TERMS AND CONDITIONS

The most recent version of the TERMS AND CONDITIONS can be consulted on this page whenever you wish.

We keep the right, at our sole discretion, to update, alter or replace any portion of these TERMS AND CONDITIONS by publishing updates and changes on our website/application. Checking our website/application from time to time for changes is your responsibility. If you keep using or accessing our website/application or the Service after such changes to these TERMS AND CONDITIONS are published, you accept them.

SECTION 20 - INTELLECTUAL PROPERTY RIGHTS & DMCA POLICY