Terms & Conditions

OVERVIEW

This website/application is run by the Popilush team. Across the website/application, the words “we”, “us” and “our” refer to the Popilush team. Popilush makes this website/application available to you, the user — together with every piece of information, tool and service offered from this site — conditioned upon your acceptance of all terms, conditions, policies and notices set out here.

When you visit our site and/or buy something from us, you take part in our “Service” and agree to be bound by the terms and conditions that follow (“TERMS AND CONDITIONS”, “Terms”), including any additional terms, conditions and policies referred to herein and/or reachable by hyperlink. These TERMS AND CONDITIONS apply to every user of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these TERMS AND CONDITIONS attentively before you access or use our website/application. By accessing or using any part of the site, you agree to be bound by these TERMS AND CONDITIONS. Should you not agree to all of the terms and conditions of this agreement, then you may not access the website/application nor use any services. If these TERMS AND CONDITIONS are treated as an offer, acceptance is expressly limited to these TERMS AND CONDITIONS.

Any new tools or features added to the current store shall likewise be subject to the TERMS AND CONDITIONS. You may review the most current version of the TERMS AND CONDITIONS at any moment on this page. We reserve the right to update, change or replace any part of these TERMS AND CONDITIONS by posting updates and/or changes to our website/application. Checking this page periodically for changes is your responsibility. Your continued use of, or access to, the website/application after any changes are posted constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these TERMS AND CONDITIONS, you may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, break any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses, nor any code of a destructive nature.

A breach or violation of any of the Terms will lead to an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone, for any reason, at any time.

You understand that your content (credit card information excluded) may be transferred unencrypted and may involve (a) transmissions across various networks; and (b) changes made to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted while being transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website/application through which the service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is supplied for general information only and should not be relied upon, or used, as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance you place on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, by its nature, is not current and is supplied for your reference only. We reserve the right to modify the contents of this site at any time, although we have no obligation to update any information on our site. You agree that monitoring changes to our site is your responsibility.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right, at any time, to modify or discontinue the Service (or any part or content of it) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be offered exclusively online through the website/application. Such products or services may come in limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to show as accurately as possible the colors and images of the products that appear at the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.

We reserve the right, though we are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and all product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material you purchase or obtain will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household or per order. Such restrictions may cover orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. Should we make a change to, or cancel, an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number supplied at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to supply current, complete and accurate purchase and account information for every purchase made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For further details, please review our Return Policy.

SECTION 7 - OPTIONAL TOOLS

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

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without any endorsement. We shall bear no liability whatsoever arising from, or relating to, your use of optional third-party tools.

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

We may also, in the future, offer new services and/or features through the website/application (including the release of new tools and resources). Such new features and/or services shall likewise be subject to these TERMS AND CONDITIONS.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available through our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions carried out in connection with any third-party websites. Please review the third-party’s policies and practices carefully and make sure you understand them before you enter into any transaction. Complaints, claims, concerns, or questions concerning third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries), or if without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to keep any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, though we have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these TERMS AND CONDITIONS.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, nor contain any computer virus or other malware that could in any way affect the operation of the Service or of any related website/application. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You alone are responsible for any comments you make and for their accuracy. We take no responsibility and assume no liability for any comments posted by you or by any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or within the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, 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 without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website/application, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website/application should be taken to indicate that all information in the Service or on any related website/application has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to the other prohibitions set forth in the TERMS AND CONDITIONS, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or take part in any unlawful acts; (c) to violate any international or UK’s regulations, rules, laws, or local ordinances; (d) to infringe upon 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 based on 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 type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website/application, other websites, or 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 circumvent the security features of the Service or of any related website/application, other websites, or the Internet. We reserve the right to terminate your use of the Service or of any related website/application for violating 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 error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time, or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or 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 based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or of any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

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

SECTION 15 - SEVERABILITY

In the event that any provision of these TERMS AND CONDITIONS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these TERMS AND CONDITIONS; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These TERMS AND CONDITIONS remain effective unless and until terminated by either you or us. You may terminate these TERMS AND CONDITIONS at any time by notifying us that you no longer wish to use our Services, or 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 also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or we may accordingly deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these TERMS AND CONDITIONS shall not constitute a waiver of such right or provision.

These TERMS AND CONDITIONS, together with any policies or operating rules posted by us on this site or in respect to The Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TERMS AND CONDITIONS).

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

SECTION 18 - CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the TERMS AND CONDITIONS at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these TERMS AND CONDITIONS by posting updates and changes to our website/application. Checking our website/application periodically for changes is your responsibility. Your continued use of, or access to, our website/application or the Service after any changes to these TERMS AND CONDITIONS are posted constitutes acceptance of those changes.