By visiting, accessing and using (“Using”, “Use”) our Website, you indicate that you accept these Terms in their entirety and that you agree to abide by them. If you are using our Website on behalf of a company, business, firm or other organisation (“Organisation”), then by using our Website you are also indicating that you accept these Terms and agree to abide by them on behalf of your Organisation (and hereafter references to “you” will be deemed to include your Organisation).
You confirm that you are at least eighteen (18) years old.
If you do not agree to these Terms, please refrain from using our Website.
- Information about us
Our Website is owned and operated by us, Odore Limited (registered in England and Wales under company number 10726054) and our registered office is at 598 Harrow Road, London W10 4NJ, United Kingdom (“we”, “our”, “us”). Our VAT registration number is [ ].
- Our services
Our Website provides information about our perfume vending services where we provide free samples (“Samples”), and products for sale (“Products”).
- Access to our Website
3.1 Access to our Website is permitted on a temporary basis. We reserve the right to withdraw or amend the services we provide or products we supply on our Website without notice (see below).
3.2 We will not be liable to you or any other party whatsoever if for any reason our Website is unavailable at any time or for any period and for any reason whatsoever.
3.3 From time to time, we may restrict access to some or all parts of our Website to users who have registered with us. If you register with us, the information you provide on the registration form (“Registration Data”) must be true, accurate, current, complete and up to date. You are responsible for maintaining your Registration Data to ensure that it remains true, accurate, current, complete and up to date at all times.
3.4 In order to use our services, order Samples, buy our Products and access parts of our Website, we may provide you with a user identification code, password or any other piece of information as part of our security procedures. You must treat such information as strictly confidential, and you must not disclose, make available or allow it to come into the possession, control or be known by any third party whatsoever. We have the right to disable or suspend any user identification code or password, whether chosen by you or allocated by us, at any time if, in our absolute opinion, you have failed to comply with any of the provisions of these Terms.
3.5 You are responsible for making any and all arrangements necessary or required for you to have access to our Website. You are also responsible for ensuring that any and all persons who access our Website through your Internet connection are aware of these Terms, and that they comply with them.
3.6 If you are a registered user with us, you must not:
3.6.1 provide, supply, tell or make available your login information to any other person whatsoever; or
3.6.2 share, show, distribute, sell, rent, lease or make available any of the content, advertisements, specifications, descriptions, blog posts, opinions, articles, notices or information including, but not limited to text, images and other material (“Content”) made available to you on our Website.
- Changes we make to our Website
4.1 We aim to update our Website as necessary on a regular basis and may change the Content on our Website at any time. If the need arises then we may, at our absolute discretion, suspend or restrict access to our Website, or take it down indefinitely.
4.2 Despite our efforts, some or all of the Content may be out of date at any given time, and we are under no obligation whatsoever to you or any other party to update such Content.
- Reliance on information posted
5.1 The Content is not intended to amount to any form of advice or recommendation whatsoever and, as such, no reliance should be placed on the Content.
5.2 We hereby disclaim any and all liability and responsibility whatsoever and howsoever arising from any reliance placed on the Content by you or any other visitor to our Website, or by anyone who may be informed of any the Content.
- Our intellectual property rights and your licence to use our Website
6.1 Except as set out in these Terms, we are the owner or the licensee of any and all intellectual property rights (including, but not limited to, copyright, trademarks, patents, service marks, trade names, rights in know-how, database rights, design rights and other intellectual property rights or equivalent forms of protection, of whatever nature arising anywhere in the world, whether registered or unregistered and including applications for the grant of such rights (together, “Intellectual Property Rights”)) in and to:
- our Website; and
- the Content.
6.2 Except for the limited license granted to you under these Terms, we and our licensors expressly reserve all rights in and to any and all Intellectual Property Rights in our Website, the Samples, the Products, and the Content.
6.3 Subject to your compliance with these Terms, we grant you a personal, limited, non-transferable, non-sublicensable, revocable, worldwide and non-exclusive licence to use our Website and the Content for your own purposes in accordance with these Terms and any other written or other instructions we may give you from time to time.
- Without prejudice to rest of this clause, you agree:
- not to access the Website or the Content by any means other than through the interfaces that we provide for use in accessing our Website; or
- except as expressly authorised by us or relevant third parties, not to modify, rent, lease, loan, sell, distribute or create, or allow to be created, any derivative works based on the Website or the Content, whether in whole or in part.
6.5 Subject to clause 6.6 below, you may print off one (1) copy, and may download extracts, of any Content from our Website for your personal reference and you may draw the attention of others within your organisation, if relevant, to Content posted on our Website.
6.6 You must not modify the paper or digital copies of any of the Content which you have printed off or downloaded from our Website in any way whatsoever, and you must not use any illustrations, photographs, video or audio sequences, or any graphics, separately from any accompanying text. Our status (and that of any identified contributors) as the authors of the Content must always be acknowledged.
6.7 Breach of this clause 6 will be deemed by us to be a material breach of these Terms. If we determine (in our sole discretion) that you have committed such a breach, your license under this clause 6 will immediately terminate and you must, at our option, return or destroy all copies of the Content you have made.
6.8 You agree that we may use, copy, duplicate, publish, display, show or make available any comments, reviews or testimonials which you send to, or post about, us in any form and on any media whatsoever which we, in our absolute opinion, decide.
- Our liability
7.1 Whilst we take every reasonable precaution and care in relation to our Website and the Content, they are provided, displayed, and/or made available without any representations, guarantees, conditions and/or warranties as to their accuracy, completeness or suitability for any purpose whatsoever. To the extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
7.2 We accept no liability under or in connection with these Terms (whether such liability arises in contract, tort (including, but not limited to, negligence) or otherwise) for any:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- any costs or expenses (including, but no limited to, legal costs);
- waste of management or office time,
- or each of 7.2.1 to 7.2.7 above, whether directly or directly occurring); or
- for any indirect or consequential loss or damage of any kind however arising.
7.3 To the extent permitted by applicable law, our total aggregate liability to you for any and all damages, losses or causes of action arising, by reason of or in connection with your use of (or inability to use) our Website and/or the Services, shall be limited to the amount of any fees paid by you to use our Services in the twelve (12) month period immediately prior to the date on which you made the claim.
- The provisions of this clause 7 do not affect our liability for:
- death or personal injury arising from our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be excluded or limited under applicable law.
8.1 You agree to indemnify and hold us and our subsidiaries and affiliates, and our and their officers, directors, agents, co-branders or other partners, and employees, harmless from any and all losses, damages, costs, claims, expenses (including, but not limited to, reasonable legal fees) whatsoever, sums agreed to in settlement and other liabilities, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of:
- your use of the Website;
- your use of the Content;
- your breach of these Terms; or
- your violation of any rights of another person or entity.
- Information about you
- Account access
In order to ensure that we are able to provide Services of the highest quality, and to make sure that we are responsive to our users’ needs, you agree that our employees may have access to your account and your records as reasonably needed to provide operate our business and to investigate complaints.
- Viruses, hacking and other offences
11.1 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not in any way whatsoever, attempt or try to gain unauthorised access to our Website, the server on which our Website is stored or hosted, or any server, computer or database connected to our Website.
11.2 You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
11.3 By breaching the provisions of this clause 11, you agree and acknowledge that you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities immediately and without notice to you, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and the Content shall cease immediately and without notice to you.
11.4 We will not be liable in any way whatsoever for any losses, costs, expenses, claims or damages caused 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 our Website or to your downloading of the Content, or on any website or app linked to it.
- Linking to our Website
12.1 You may link to the home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it in any way whatsoever, but you must not establish a link in such a way as to suggest any form of association, representation, guarantee, approval or endorsement on our part where none has been given by us in writing beforehand.
12.2 You must not establish a link to our Website from any website or app that is not owned by you.
12.3 Our Website must not be framed on any other website or app, We reserve the right, at our absolute discretion and without notice to you, to withdraw linking permission set out in this clause 12 at any time.
12.4 Any website or app from which you link to our Website must comply in all respects with the content standards set out below.
12.5 If you wish to make any use of material on our Website other than that set out above, please address your request to [EMAIL ADDRESS].
- Links and third parties
13.1 Where our Website contains links to other websites, apps and/or resources provided by third parties, these links are provided for your information only. We have no control over the contents of those apps, websites or resources, and as such we accept no responsibility whatsoever for them, or for any losses, costs, expenses, claims or damages that may arise from your use of them in any way whatsoever.
13.2 We use a third-party payment processing provider to process payments made on our Website. By making such payments you agree to be bound by the payment processor’s terms of service, which you will be able to view prior to completing a transaction.
13.3 We reserve the right to change our payment processing provider at our absolute discretion, at any time and without notice to you other than as is required for you to be able to make continuing payments to us.
- Prohibited uses
14.1 You may only use, access or visit our Website, and use the Content, Samples or Products strictly for lawful purposes.
- You may not use, access or visit our Website, or use the Content, Samples or Products:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to transmit, or procure the transmission of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (known as “spam”);
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You also hereby agree and acknowledge:
14.3.1 not to reproduce, duplicate, copy or re-sell any part of our Website or the Content other than strictly in accordance with these Terms;
- not, without or prior written authority, access, interfere with, damage or disrupt:
- any part of our Website or the Content;
- any equipment or network on which our Website or the Content is stored or hosted; or
- any equipment or network or software owned or used by any third party.
- Termination and suspension
15.1 These Terms will remain in full force and effect until terminated under this clause 15. Any notice of termination of these Terms by you or us is subject to the notice periods in this clause 15.
15.2 If you are a registered user with us, we may terminate these Terms at any time without cause by giving you not less than thirty (30) days’ notice by way of email.
15.3 We will determine, in our absolute discretion, whether your use of or access to our Website or the Content has breached these Terms in any way whatsoever. When we deem such a breach to have occurred, we may take such action as we consider appropriate including, but not limited to:
- immediate, temporary or permanent withdrawal of your right to use our Website or the Content;
- issuing a warning to you;
- legal proceedings being taken against you including, but not limited to, for reimbursement of any and all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
15.4 We exclude liability for actions taken in response to breaches of these Terms. The responses described above are not limited in any way, and we may take any other action we reasonably deem appropriate.
You may not assign any of your obligations under these Terms without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
- Invalidity and non-waiver
17.1 In the event that any part of these Terms is declared to be invalid by an appropriate authority, such invalidation of such part of these Terms shall not invalidate the remaining parts thereof, and they shall remain in full force and effect.
17.2 Enforcement of these Terms is solely in our discretion, and failure to enforce the Terms in some instances does not constitute a waiver of our right to enforce them in other instances.
- Jurisdiction and applicable law
18.1 These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
18.2 The English courts will have exclusive jurisdiction over any claim arising from, or related to, these Terms and our Services.
We may make changes to these Terms from time to time by posting an updated version of these Terms on our Website without providing you with specific notice of such changes. By continuing to use our Website or the Content, you are deemed to have accepted such changes. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website.