1.1 'Website' means all of the internet pages and ecommerce services of Hyperdub Limited including those within the domain www.hyperdub.net.
2. General Terms and Conditions
2.2 We may alter these terms and conditions at any time and your use of the whole/any part of the Websites following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms and conditions have been changed. If you do not agree to any change to the terms and conditions then you must immediately stop using the Website.
2.3 We reserve the right to modify or withdraw, temporarily or permanently, the whole/any part of Website with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
2.4 You shall not use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations.
2.5 You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
2.6 You agree not to attempt any unauthorized access to any part or component of the Website; and you agree that in the event that you have any right, claim or action against any other user of the Website arising out of that user's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
2.8 We are not responsible for any injury, loss, claim, damage, or any direct, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of the Website. However, nothing in the terms and conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
2.9 You shall be responsible for the conduct and acts/or omissions of your children in using the Website as if these were your own. By registering to the Website you represent and warrant that you are at least 16 years of age and by making any purchase you represent that you are at least 18 years of age. You expressly agree that your use of, or inability to use any services provided on the Website is at your sole risk.
2.10 We do not represent or guarantee that any service provided via the Website will be free from loss, corruption, attack, viruses, interferences, hacking or other security intrusions and we disclaim any liability relating thereto.
2.11 We will not be liable in contract, tort or otherwise if you incur loss or damage by connecting to the Website through a third party's hypertext link.
2.12 Notwithstanding any other provision in the terms and conditions, nothing shall limit your rights as a consumer under English law where or insofar as such rights cannot be derogated from by contract.
2.13 If any part of the terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of the terms and conditions.
2.15 These terms and conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
2.16 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses (including legal fees) suffered by us and arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or internet access account.
2.17 You are hereby granted a revocable and non-exclusive licence to create a hyperlink to the Website subject to such hyperlink not portraying Hyperdub Limited, their licensors or their products in a false, misleading, derogatory or otherwise offensive manner and subject to you not using any logo/trade mark or other proprietary graphic owned and/or controlled by Hyperdub Limited as part of or in conjunction with the hyperlink.
3. Website Content
3.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
3.2 We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
3.3 We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these terms and conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Websites).
3.4 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use. You should assume that everything you see and read on the Website including copyright in the content of these web pages are owned and controlled by Hyperdub Limited. Neither the Website nor any portion thereof may be reproduced, duplicated, copied, sold, transmitted, adapted or otherwise exploited for any commercial purpose without the express prior written consent of Hyperdub Limited.
3.5 If we detect that you have without our authority either personally or by way of assistance/facilitation of any third party, copied, reproduced, transmitted, published, displayed, distributed, commercially exploited or created derivative works of our or our licensors material and content then we have the right to (a) suspend your user accounts, including any outstanding credits and (b) inform any relevant authorities empowered to act upon such unauthorised activity and/or copyright owners who's copyright may have been breached for them to take such necessary action as may be required. This will mean that we will be entitled to pass on your contact details to them.
4.1 You will receive an account upon completing the Website's registration process. Irrespective of whether you choose to hold your information with us, you are responsible for maintaining the confidentiality of any personal information you type in whilst using the Website. You agree to: (i) immediately notify us of any unauthorized use of your email address, password, user ID or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
5.1 When using the Website for purchase you must agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Websites' registration process and (ii) maintain and promptly update the information to keep it true, accurate, current and complete.
5.2 When placing an order for any products from the Website, you will state, specifically, which products you desire to purchase and shall also at the same time confirm to us, at your own risk, your name, e-mail address and selected payment method together with such other details that may be requested at that time from you by us.
5.4 You undertake that all details you provide to us for the purposes of ordering or purchasing products or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the products or services ordered. If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.
5.5 All orders are made subject to acceptance by you of these terms and conditions and fulfillment of any order is subject to availability and acceptance by us of your order. We are under no obligation to accept any customer order.
5.6 You can check the progress of your order by visiting the "My Account" section of the Websites.
5.7 We accept all major credit and debit cards as methods of payment. We also accept Paypal and Google Checkout.
5.8 Please note for your information:
Credit and debit cards have daily spending limits that may prevent the processing of your order. If a purchase has been declined due to credit or debit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted, you will not be able to use that card for your purchase and should use another payment method.