This Terms of Service Agreement (the “Agreement”) governs Your use of lilbeans.co.uk (the “Site”) and any services made available to You by Lil’ Beans Ltd (hereinafter, “Lil’ Beans”, “We”, “Us” or “Our”) on or through the Site (the “Services”). For purposes of this Agreement, “You” means the person using the Site or the Services or, if You are using the Site or Services on behalf of Your company (or another entity), then “You” means Your company (or such other entity), its officers, members, agents, successors and assigns.
Effective Date: July 1, 2013
Scope of the Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITE OR THE SERVICES. YOUR USE OF THE SITE OR THE SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE SERVICES. IF YOU ORDER ANY PRODUCT OR SERVICE PROVIDED BY LIL’ BEANS THROUGH THE SITE, THEN ACCEPTANCE BY LIL’ BEANS IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO THIS AGREEMENT.
We are always looking for ways to improve the Site and the Services and, as a result, may amend this Agreement at any time by posting an amended Agreement on the Site. Any amended Agreement shall automatically be effective on the date that it is initially posted on the Site. By using the Site or the Services, You agree to be bound by the current form of this Agreement. It is Your responsibility to return to this Agreement from time to time to review the most current Agreement. Lil’ Beans does not and will not assume any obligation to notify You of changes to this Agreement. The current Agreement will supersede any prior communications or agreement with respect to the Site or the Services, unless such agreement expressly states that it is not superseded by this Agreement.
Services Available on the Site
Users of the Site, who simply browse the Site (“Guests”), may be able to view products and information, request information and engage in certain services on the Site.
We reserve the right, for any reason, in our sole discretion, to terminate, change, upgrade, suspend or discontinue any aspect of the Site or the Services, including, but not limited to, content, features, hours of availability or equipment required for access. We may also impose limits on certain features of the Site or Services, or restrict Your access to part or all of the Site or Services without notice to You or penalty to Us.
Proprietary Rights and License
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of Lil’ Beans Ltd. The collective work includes works that are licensed to Lil’ Beans Ltd. Copyright 2013, Lil’ Beans Ltd ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Lil’ Beans Ltd or purchasing Lil’ Beans Ltd products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Lil’ Beans Ltd or to purchase Lil’ Beans Ltd products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Lil’ Beans Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Site or in connection with the Content made available through the Site are registered and unregistered Trademarks of Lil’ Beans and may not be used except with written permission of Lil’ Beans. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Lil’ Beans. Your misuse of the Trademarks displayed on the Site or on or through any of the Site’s services is strictly prohibited.
Users, who create an account on the Site, agree to the following terms and conditions with regard to their account:
- To choose a user name and password for Your account. You understand that it is Your responsibility to choose a user name and password and to maintain the confidentiality of Your password. If You share Your password with anyone it may jeopardize the security of Your account. You agree to notify Big Cartel promptly if You become aware that Your password or account has been used without Your consent. To do so, please contact us at support (at) lilbeans.co.uk.
- That We may refuse to grant You, and that You may not use, a user name that belongs to or is already being used by another User or that is offensive, in Our sole discretion. If You believe that another User’s user name infringes on Your rights, then feel free to send Us a notice at support (at) lilbeans.co.uk.
- Not to impersonate any other person, thing or entity through Your user name.
- Not to access anyone else’s account without that person’s permission.
- Not to use the Site or Services if You are less than 18 years of age without the consent of Your parent or guardian, who agrees, on Your behalf, that You will comply with the terms and conditions of this Agreement.
- Not to post or display any content that is not suitable for minors unless properly designated.
- That Lil’ Beans may temporarily or permanently discontinue providing the Site or the Services at any time and that as a result You may be prevented from accessing the Site, the Services and Your account.
- To be solely responsible for all activities that occur under Your account.
- That any hardware and software required to use the Site or the Services is Your responsibility.
Users, who create or administer an account on the Site for another person or entity, agree to the following terms and conditions with regard to the account:
- You will abide by all of the terms and conditions provided above with respect to individual accounts.
- You represent that You are properly authorized to represent the person or entity for which You initiate or administer an account.
To the extent that You post or otherwise provide Us with content, including photographs, audio, text, graphics or other works of authorship, on or through the Site or Your account, You grant to Lil’ Beans a non-exclusive, fully paid up, royalty free, irrevocable, unlimited, worldwide license to reproduce, display, perform, use and create derivative works from such content.
Lil’ Beans’ Rights
Lil Beans reserves the following rights:
- To suspend or terminate the account of anyone who violates this Agreement.
- To change or alter the Site, the form and nature of the Site or any Services provided through the Site, including requiring payment for some or all uses of the Site, at any time.
- To review, modify, filter, disable, delete and remove any and all content and information from the Site.
- To update and download automatically any software provided on or through the Site.
- To cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that We disclose information or content or information that You provide, or if We decide that such disclosure is in Lil’ Beans’ best interests.
- To display advertising and promotions, which may be targeted to certain users or sections of the Site based upon queries made or preferences indicated, and may not be identified as paid advertisements or promotions.
You agree that the foregoing are rights of, but not obligations of, Lil’ Beans and that We may, but are not obligated to, exercise any of these rights.
Electronic Payment Vendors
Users should be aware some payments may be processed through PayPal or other electronic payment vendors. These vendors may chose not to process payments at their own discretion.
If You have a question as to whether a payment will be accepted, then we encourage You to check the policies of the applicable vendor, http://www.paypal.co.uk.
Your relationship with the electronic payment vendors is separate from Your relationship with Us and is governed by the terms and conditions contained on the PayPal website.
Blog and Promotions
The Site may provide certain areas for Users to communicate with other Users, such as the “Blog”. The thoughts and ideas expressed on the Blog are the respective authors own. Lil’ Beans does not endorse the content in the Blog and specifically disclaims any responsibility or liability to any person or entity for any loss, damage, injury, claim, liability or other cause of any kind or character based upon or resulting from any material, content or other communication provided through the Blog.
Lil’ Beans reserves the right, but is not obligated, to review messages in the Blog and is not responsible for the content of any such messages. We also reserve the right, but are not obligated, to delete, edit or remove a message, in whole or in part, posted to the Blog for any reason and to exclude any User from using the Blog.
Please be aware that when You post to the Blog, You may be disclosing certain information to others. To protect Your safety, please use Your best judgment when using the Blog and carefully consider the information that You disclose.
We reserve the right to cooperate with any law enforcement, court, third party or government investigation or order requesting or directing Us to disclose information posted to the Site, or if We decide that such disclosure is in Our or Our customers’ best interests.
We may, from time to time, include contests, promotions, sweepstakes or other activities (“Promotions”) that require You to submit material or information concerning Yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age or geographic location. You are responsible to read all Promotions rules to determine whether or not You are eligible to participate. If You enter any Promotion, You agree to abide by and to comply with all Promotions rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Site, which terms and conditions are made a part of this Agreement by this reference.
Linking to the Site
You may link to the Site as long as you (a) link to the full version of an HTML formatted page of the Site; (b) not link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website; and (c) not link from any other website to the Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke Your right to link to the Site from any other website at any time.
Third Party Websites
You may be able to link from the Site to third party websites and third party websites may link to the Site. You acknowledge and agree that these sites are beyond the control of Lil’ Beans and We have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through that third party website.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Lil’ Beans Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Lil’ Beans Ltd does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Lil’ Beans Ltd does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
Lil’ Beans Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Lil’ Beans Ltd has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Your use of this site shall be governed in all respects by the laws of the United Kingdom, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Lil’ Beans Ltd products) shall be in the courts located in London UK. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Lil’ Beans Ltd products) must be commenced within one (1) year after the claim or cause of action arises. Lil’ Beans Ltd’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Lil’ Beans Ltd may assign its rights and duties under this Agreement to any party at any time without notice to you.
In the event that a Lil’ Beans Ltd product is mistakenly listed at an incorrect price, Lil’ Beans Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Lil’ Beans Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, We shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Us without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
We may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Us.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Lil’ Beans Ltd or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Lil’ Beans Ltd does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, We are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, We reserve the right to block or remove communications or materials that We determine to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Us in Our sole discretion.
You agree to indemnify, defend, and hold harmless Lil’ Beans Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.