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Website Terms of Use

​Welcome to Our Website - https://www.soapourificgifts.uk

​If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use. Together with Our Privacy Policy and all other documents referred to herein govern Soapourific Products relationship with you in regard to this Website. If you disagree with any part of these terms and conditions, please do not use Our Website. The English language is used throughout.

1.         ​DEFINITIONS AND INTERPRETATION

1.1 

​Unless the context otherwise requires, the following expressions have the following meanings:      

"Account" Means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4 of these Terms.
"Content" Means any and  all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer, tablet or device that appears on, or forms part of Our Site.
"User” Means a User of Our Site. 
"User Content" Means any content submitted to Our Site by Users' including, but not limited to, Product Reviews, Blog  or other Comments.
"Personal Data" Means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the Data Protection Act 1998 or EU Regulation 2016/679 - the General Data Protection Regulation ("GDPR").
"Our Site" Means the Site you are using:- https://www.soapourificgifts.uk

 

"I/We/Us/Our"

 

 

 

Means: Amy Gower - Owner Soapourific Products

3 Kingfisher Drive
Bridlington YO15 3NU
East Riding of Yorkshire

Telephone Number 01262 672891

​Email: contact@soapourificgifts.uk

2.      INFORMATION ABOUT US

2.1

This Website is owned and administered in the UK by Amy Gower - Owner - t/a Soapourific Products. Our Site is a Content Managed, Responsive E-Commerce Mobile Friendly Website which is hosted in the UK. Third Party providers manage Financial Transactions, undertake Deliveries and/or other Services according to Our Business requirements.

3.      ACCESS TO AND USE OF OUR SITE

3.1

Cookies are used on Our Site, the use of Cookies can be found here.

3.2

It is the responsibility of Users' to make any and all arrangements necessary in order to access Our Site.

3.3

Access to Our Site is provided "as is" and on an "as available" basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and, without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4.      ACCOUNTS

4.1

Certain parts of Our Site (including the ability to purchase Goods from Us) may require an Account in order to access them.

4.2

You may not create an Account if you are under 18 years of age.

4.3

When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4

When creating an Account We require you to choose a strong password. ​Passwords are case sensitive. It is your responsibility to keep your password safe.

You must not share your Account with anyone else.

If you believe your Account is being used without your permission, please telephone Us on 01262 672891 or, Contact Us immediately. We will not be liable for any unauthorised use of your Account.

4.5

You must not use another person's Account.

4.6

If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information and, will also remove access to any areas of Our Site requiring an Account for access, for example the ability to purchase Goods from Our Site.

4.7

If you close your Account, any User content you have created, such as reviews and comments on Our Site will be deleted and/or rendered anonymous by removing your Username and/or Avatar. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control.)

5.      INTELLECTUAL PROPERTY RIGHTS

5.1

With the exception of User Content (See Clause 6), all Content included on Our Site and the Copyright and other Intellectual Property Rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licenced by Us. All content (including User content) is protected by applicable United Kingdom and International Intellectual Property Laws and Treaties.

5.2

Any redistribution or reproduction of part or all of the contents of this Website in any form is prohibited other than the following:

5.3

You may:

5.3.1

Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app).

5.3.2

Print or download to a local hard disk extracts for your personal and non-commercial use only.

5.3.3

Copy the content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material.

5.4

Our Status as the Owner and Author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.5
 
You may not:
 
Except with Our express written permission, distribute or commercially exploit the content. 
 
​Nor may you transmit it or store it in any other Website or other form of electronic retrieval system.

6.      USER CONTENT

6.1

User Content on Our Site includes (but is not necessarily limited to) Product Reviews and Comments. 

6.2

An Account Is required if you wish to submit User Content. Please refer to Clause 4 for more information.

6.3

You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.

6.4

You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.5

You (or your licensors, as appropriate) retain ownership of your User Content and all Intellectual Property Rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty free, perpetual, Irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant other Users' the right to copy and quote your User Content within Our Site.

6.6

If you wish to remove User Content from Our Site, the User content in question will be deleted and/or rendered anonymous by removing your Username and/or Avatar. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control.)

6.7

We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a Third Party and determine that the User Content in question should be removed as a result.

7.      LINKS TO OUR SITE

7.1

You may link to Our Site provided that:

7.1.1

You do so in a fair and legal manner.

7.1.2

You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists.

7.1.3

You do not use any Logos' or Trade Marks' displayed on Our Site without Our express written permission; and:

7.1.4

You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

7.2

You may not link to any page other than the Homepage of Our Site. https://www.soapourificgifts.uk/

7.3

Framing or embedding of Our Site on other Websites is not permitted without Our express written permission.

7.4

You may not link to Our Site from any other Website the main content of which contains material that:

7.4.1

Is sexually explicit.

7.4.2

Is obscene, deliberately offensive, hateful or otherwise inflammatory.

7.4.3

Promotes violence.

7.4.4

Promotes or assists in any form of unlawful activity.

7.4.5

Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age.

7.4.6

Is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset or embarrass another person.

7.4.7

Is calculated or is otherwise likely to deceive another person.

7.4.8

Is intended or is otherwise likely to infringe (or threaten to infringe) another person's privacy.

7.4.9

Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4).

7.4.10

Implies any form of affiliation with Us where none exists.

7.4.11

Infringes, or assists in the infringement of, the Intellectual Property Rights (including but not limited to, Copyright, Trade Marks' and Database Rights) of any other party; or:

7.4.12

Is made in breach of any legal duty owed to a Third Party including but not limited to, contractual duties and duties of confidence.

7.5

​The content restrictions in sub-Clause 7.4 do not apply to content submitted to Websites by other Users' provided that the primary purpose of the Website is consistent with the provisions of sub-Clause 7.4. You are not, for example, prohibited from posting links on general-purpose Social Networking Websites merely because another User may post such content.

​You are, however, prohibited from posting links on Websites which focus on or encourage the submission of such content from Users'.

8.     LINKS TO OTHER SITES

8.1

Links to other Websites may be included on Our Site.  Unless expressly stated, these Websites are not under Our control. We neither assume nor accept responsibility or liability for the content of Third Party sites.

The inclusion of a link to another Website on Our Site is for information purposes only and does not imply any endorsement of the Websites' themselves or of those in control of them.

9.      DISCLAIMERS REGARDING YOUR USE OF OUR WEBSITE

9.1

​Nothing on Our Website constitutes advice or a recommendation on which you should rely. It is provided for general information purposes only.

Professional or Specialist advice should always be sought before taking any action on the basis of information provided on Our Site. 

​9.2

​Insofar as permitted by Law, We make no representation, warranty or guarantee that Our Site will meet your requirements, that it will not infringe the rights of Third Parties, that it will be compatible with all software and hardware, or that it will be secure.

9.3

​We endeavour to ensure that the content of Our Site is complete, accurate, and up-to-date. We do not however make any representations, warranties or guarantee (whether express or implied) that the content is complete, accurate or up-to-date. 

10.      OUR LIABILITY

10.1

The provisions of this Clause 10 apply only to the use of Our Site. They do not apply to the Sale of Goods which are governed separately by Our Terms and Conditions

10.2

To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

10.3

To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

10.4

Our Site is intended for non-commercial use only. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

10.5

We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other Malware, however, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other Malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

10.6

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP (Internet Service Provider) equipment failure, Host equipment failure, Communications Network failure, natural events, acts of War, or legal restrictions and censorship.

10.7

Nothing in these Website Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted under English law.

11.      VIRUSES, MALWARE AND SECURITY

11.1

We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other Malware.

11.2

You are responsible for protecting your hardware, software, data and other material from viruses, Malware, and other Internet security risks.

11.3

You must not deliberately introduce viruses or other Malware, or any other material which is malicious or technologically harmful either to or via Our Site.

11.4

You must not attempt to gain unauthorised access to any part of Our Site, the Server on which Our Site is stored, or any other Server, Computer, or Database connected to Our Site.

11.5

You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

11.6

By breaching the provisions of sub-Clauses 11.3 to 11.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant Law Enforcement Authorities and We will co-operate fully with those Authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

12.      ACCEPTABLE USAGE POLICY

12.1

You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:

12.1.1

You must ensure that you comply fully with any and all local, national or international laws and/or regulations.

12.1.2

You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent.

12.1.3

You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other Malware, or any other code designed to adversely affect computer hardware, software, or data of any kind and:

12.1.4

You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

12.2

When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

12.2.1

Is sexually explicit, is obscene, deliberately offensive, hateful or otherwise inflammatory.

12.2.3

Promotes violence.

12.2.4

Promotes or assists in any form of unlawful activity.

12.2.5

Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age.

12.2.6

Is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person.

12.2.7

Is calculated or is otherwise likely to deceive.

12.2.8

Is intended or otherwise likely to infringe (or threaten to infringe) another person's right to privacy.

12.2.9

Misleadingly impersonates any person or otherwise misrepresent your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2).

12.2.10

Implies any form of affiliation with Us where none exists.

12.2.11

Infringes, or assists in the infringement of, the Intellectual Property Rights (including but not limited to, Copyright, Patents, Trade Marks and Database Rights) of any other party; or -

12.2.12

Is in breach of any legal duty owed to a Third Party including, but not limited to, contractual duties and duties of confidence.

12.3

We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Website Terms of Use. Specifically, We may take one or more of the following actions:

12.3.1

Suspend, whether temporarily or permanently, your Account and/or your right to access Our Site.

12.3.2

Remove any User Content submitted by you that violates this Acceptable Usage Policy.

12.3.3

Issue you with a Written Warning.

12.3.4

Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach.

12.3.5

Take further legal action against you as appropriate.

12.3.6

Disclose such information to Law Enforcement Authorities as required or as We deem reasonably necessary and/or:

12.3.7

Take any other actions which We deem to be reasonably appropriate (and lawful).

12.4

We hereby exclude any and all liability arising out of any actions (including but not limited to those set out above) that We may take in response to breaches of these Website Terms of Use.

13.      PRIVACY AND COOKIES

Use of Our Site is also governed by Our Privacy Policy which can be found here.  

14.      CHANGES TO THESE WEBSITE TERMS OF USE

14.1

We may alter these Website Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

14.2

In the event of any conflict between the current version of these Website Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

15.      CONTACTING US

Detailed below are options regarding the ways in which you can contact Us should the need arise.

Our Customer Service land line telephone number is 01262 672891. An answer phone service is available on occasions when we are not able to take a call. Messages which are left on this answer phone will be given priority and dealt with at the earliest opportunity.

  • Our email address is contact@soapourificgifts.uk

Please check your Spam folder should the message require a response from Us.

  • You can write to Us at Our trading address: 

Soapourific Products 3, Kingfisher Drive, Bridlington YO15 3NU, East Riding of Yorkshire 

16.      COMMUNICATIONS FROM US

16.1

If We have your contact details, (if for example you have an Account), We may from time to time send you important notices by email or SMS. Such notices may relate to matters including, but not limited to service changes, changes to these Website Terms of Use and changes to your Account.

16.2

We will not send you marketing emails of any kind without your express consent.

If you do give such consent, you may opt out at any time by using this Contact Us form and by adding Unsubscribe in the subject line also telling Us which service or publication you wish to be removed from. Then, submit that information to Us so that We can remove your details appropriately. We will acknowledge receipt of your communication.

Please note:

It may take up to 3 working days for Us to comply with your request and, during this period, you may continue to receive emails from Us.

16.3

Should you have any questions and/or concerns regarding communications from Us, please let Us know so that they can be dealt with in the most appropriate way. To do this, You can use one of the options as detailed above in Clause 15.

17.   PERSONAL DATA   

Means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the Data Protection Act 1998 or EU Regulation 2016/679 - the General Data Protection Regulation ("GDPR").

17.1

The details regarding collection of data and how it is used can be found here in Our Privacy Policy

18.      LAW AND JURISDICTION

18.1

These Website Terms of Use and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law.

18.2

If you are a Consumer, any disputes concerning these Website Terms of Use, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the Courts of England. 

18.3

If you are a business, any disputes concerning these Website Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the Courts of England.

E&OE

 

 

 

 

 

 

 

  

 

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