This website (the "Website"), which is located at www.dressmedaisy.com is owned and operated by Dress Me Daisy Limited (Company Number 06729856) ("Dress Me Daisy", "we", "us" and "our"). These terms and conditions of use ("User Agreement") govern the terms and conditions on which you (the "User") may access and use the Website and its content. This User Agreement is effective as of 27 April 2009.
By using the Website, you acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You also acknowledge that you have read and understand the Privacy Policy. If you do not agree to this Agreement or the Privacy Policy, you should not use or access the Website.
If you register as a member of the Website (a "Member") the additional terms of this User Agreement specific to Members as set out below will also apply to you.
1. Eligibility to use the Website. You must be at least 16 years of age or older to use the Website. By using the Website, you are stating that you are 16 years or older or, if not, that you are using the Website with the consent of a parent or guardian.
2. Privacy Policy. Dress Me Daisy takes your privacy seriously and the collection and use of personal information is governed by our Privacy Policy. Please read our Privacy Policy carefully.
3. Your Conduct. You are prohibited from using the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
You understand and acknowledge that the Internet is not secure and that you, and not Dress Me Daisy, are responsible for all electronic communications and content sent from your computer/IP address to Dress Me Daisy and you must only use the Website for honest and lawful purposes. You must not use the Website in connection with any of the Prohibited Activities set out in the First Schedule to this Agreement and Dress Me Daisy reserves the right to prohibit you from accessing the Website should it so wish for any reason whatsoever.
4. Intellectual Property Ownership
1. Website Content. Dress Me Daisy and its licensors own and retain all rights, including all intellectual property rights, in all content included on the Website (other than content posted on the Website by Members), including graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and all other content or material capable of protection under applicable intellectual property and other laws (collectively the “Dress Me Daisy Content”). All Dress Me Daisy Content posted, displayed, or available on the Website, including any compilation of the Dress Me Daisy Content is the exclusive property of Dress Me Daisy and as such is protected by applicable intellectual property laws.
2. Copyright. All Dress Me Daisy Content posted, displayed, or available on the Website is subject to copyright, unless otherwise noted, and may not be used except with the express written consent of Dress Me Daisy. You are prohibited from copying, displaying, or posting any Dress Me Daisy Content offered via the Website on any network computer, web site, bulletin board, or any other publicly accessible medium unless otherwise agreed in writing by Dress Me Daisy. You must keep intact, and may not remove or alter, any copyright notices posted on the Website or on any Dress Me Daisy Content posted, displayed, or made available on the Website.
To notify Dress Me Daisy of claimed copyright infringement on the Website, please contact: daisy@dressmedaisy.com.
3. Trademarks. All trademarks, service marks, trade names, logos, designs, slogans, or other identifiers of source (collective the “Marks”) that appear on the Website are proprietary to Dress Me Daisy, or other respective owners specified on the Website, or are used by Dress Me Daisy to identify the owner of the relevant Mark, goods or services. Dress Me Daisy may not be licensed to use all Marks that appear on the Website. You may not display or reproduce any of the Marks other than with the prior written consent of Dress Me Daisy, and you may not remove or otherwise modify any trademark notices posted on the Website or on any Dress Me Daisy Content posted, displayed, or made available on the Website.
4. Licence to Use. Dress Me Daisy grants you a limited, revocable, personal, non-transferable and non-exclusive licence to access and make personal use of the Website in strict accordance with the terms and restrictions of this Agreement. You are prohibited from (a) downloading (other than page caching as part of your browser's normal operations), copying or modifying the Website or any portion of the Website; (b) participating in or facilitating any resale or commercial use of the Website or any Dress Me Daisy Content; (c) participating in or facilitating any collection and non-personal use of any lists, descriptions or other content posted, displayed or made available on the Website; (d) preparing any derivative works of the Website or the Dress Me Daisy Content; (e) participating in or facilitate any use of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-use any material or proprietary part of the Website; (f) publishing, distributing, or otherwise transferring any material or proprietary part of the Website or the Dress Me Daisy Content; or (g) creating your own database that reproduces a material or proprietary part of the Website or any Dress Me Daisy Content. All rights not specifically granted in this Agreement by Dress Me Daisy are withheld and retained by Dress Me Daisy.
5. You may link to the Website at its homepage (www.dressmedaisy.com) only. You may not use framing techniques to enclose any page or part of any page of the Website, trade mark, logo or other proprietary information (including images, text, page layout or form) on the Website. You may not use any metatags or any other "hidden text" using the "Dress Me Daisy" name or any other of Dress Me Daisy's names or trademarks.
Dress Me Daisy reserves the full right to edit or delete any content on the Website. However, Dress Me Daisy assumes no responsibility for monitoring the Website for inappropriate third party content or conduct and does not endorse, confirm the validity of or have control over content posted by Members or third party advertisers, partners or trading affiliates. Please contact us immediately by clicking here or by using the contact information on the Website if you become aware of any offensive, harmful or deceptive material on the Website.
5. Member Specific Terms
1. Your Account. On registering as a Member of Dress Me Daisy, Dress Me Daisy will allow you to select a username and password which will enable you to access your membership profile. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You should keep your account and password confidential and secure and should let us know immediately if you suspect any unauthorised use of your account or that your password has become known to anyone else. You are solely responsible for all use of the Website that occurs using your account or password.
Wherever you contribute to the Website or create a profile on the Website (as described below), you will be identified by your username. If you do not want to be identified in this way, please adjust the settings on your user profile accordingly.
2. Services. By registering as a Member on the Website, you may benefit from a number of services not available to the Website's visitors.
3. Members' Content. Dress Me Daisy does not claim any ownership rights in the text, files, images, sounds, works of authorship and other materials posted on the Website by Members ("Member Content"). By posting any content on the Website, you grant Dress Me Daisy a limited, revocable, non-exclusive worldwide licence to use, modify, reproduce and distribute such content on the Website and to use all or a substantial part of such content in Dress Me Daisy's publicity or marketing materials and on any other Dress Me Daisy branded websites and Dress Me Daisy branded sites available via any digital service, product, platform or alternative website other than the World Wide Web. This licence will terminate in respect of any Member Content when you remove such content from the Website, though we shall be entitled to retain archive copies of any such content.
You represent and warrant that (a) you own the content posted by you on the Website or otherwise have the right to grant the above licence to Dress Me Daisy and (b) the posting of such content on the Website does not infringe the intellectual property or other rights of any person (because it has been taken from a Safe Zone or otherwise). You are solely responsible for any content you post on the Website. You may not post any content on the Website that has been obtained from a third party website.
Please take care before making any derogatory comments about any person, goods or services on the Website. You should ensure that any negative comments you make are expressed fairly, proportionately and that they are either your honest opinion and justified by personal experience or justified on a factual basis.
You may only use third party trade marks on the Website to identify the owner of such trade marks, or any goods or services
4. Dress Me Daisy's Control. Dress Me Daisy reserves the right to refuse access to the Website and to suspend or terminate Members' accounts in its sole and arbitrary discretion. While Dress Me Daisy prohibits persons under the age of 16, Dress Me Daisy cannot guarantee that all persons using the Website are the age they hold themselves out to be or have the identities that such persons represent to the world in the on-line environment. Consequently, there are risks of dealing with underage persons or people acting under false pretences. By using the Website, you agree to accept such risks and agree that Dress Me Daisy is not responsible for the acts and omissions of Members or users of the Website.
6. Information Control. Dress Me Daisy cannot and does not confirm the validity of information which Members of the Website, third party advertisers, partners or trading affiliates post on or otherwise make available through the Website. You may find information posted by third parties on the Website to be offensive, harmful, inaccurate or deceptive. By using the Website, you agree to accept such risks and agree that Dress Me Daisy is not responsible for the acts and omissions of users of the Website, advertisers, partners or affiliates. We do not monitor all of the information presented on the website, but for the avoidance of doubt, we shall be entitled to delete any material we deem unsuitable.
7. Third Party Providers. Where you purchase goods or services from a Third Party Provider using the Website, you will enter into a direct contract with the relevant Third Party Provider unless stated otherwise. Dress Me Daisy does not review content provided by Third Party Providers, never owns the Third Party Providers' products or services offered on the Website and is not involved in transactions between you and a Third Party Provider unless it clearly states otherwise. Your purchase will be subject to the terms and conditions of sale of the relevant Third Party Provider and will not be subject to this Agreement.
8. Changes to this Agreement. Dress Me Daisy reserves the right, in its sole and arbitrary discretion, to change, modify, add or delete any part of this Agreement at any time without further notice. If we do make any such changes, we will post the changes to this Agreement on this webpage and will indicate at the top of the page the effective date of the version you are viewing. Your continued use of the Website after any such changes constitutes your acceptance to the amended Agreement. You are responsible for regularly reviewing this Agreement so that you will be aware of any changes.
9. Internet and Website Access. We try our best to ensure that availability to the Website is uninterrupted and that the Website is error-free. However due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Dress Me Daisy reserves the right to refuse access to the Website or any part of it at any time either to groups of users, individual users or generally. Dress Me Daisy shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the Website.
Whilst we take every precaution to ensure that the Website is free from viruses, pop-ups and other malicious software, these may be contained within third party websites linked to the Website and you must therefore take all reasonably prudent steps to protect your computer software and hardware.
10. Exclusion of Warranties. Dress Me Daisy gives no warranties whatsoever in relation to the Website or any Dress Me Daisy Content, Member Content, third party content, products or services posted, displayed or made available on the Website. Dress Me Daisy excludes to the fullest extent permitted by law all express, implied and statutory warranties, including, without limitation, warranties of fitness for a particular purpose, warranties of merchantability, warranties as to freedom from computer virus, warranties of title and warranties of non-infringement of proprietary rights. Dress Me Daisy expressly disclaims that the Website or the server that makes it available will be uninterrupted, error-free, timely, secure or otherwise reliable, that defects or errors will be corrected or that the content of the Website is lawful, correct or accurate. To the extent you are resident within a jurisdiction that does not allow the exclusion or limitation of any of the above mentioned warranties, the above disclaimers will not apply to you.
11. Limitations of Liability.
1. Dress Me Daisy excludes liability and responsibility for any loss that might result to you or a third party arising from or in connection with: (a) third party action or error; (b) your use or inability to use the Website or any part of it or the results of a search on the Website; or (c) the nature, accuracy, reliability or truth of content or material on the Website posted by Members.
2. Dress Me Daisy excludes all liability for any indirect, incidental, consequential, special, exemplary or punitive damages or losses (including without limitation loss of profit, loss of data, expected benefit, goodwill or other intangible losses, and liability to third parties) whether based in contract, tort or otherwise arising out of or in connection with your use of the Website, or any suspension or termination of the Website. To the extent you are resident within a jurisdiction that does not allow the exclusion of the above damages, the above limitation and exclusions will not apply to you.
3. In no circumstances shall Dress Me Daisy be liable to you for any amount exceeding £100 (one hundred pounds sterling).
4. You agree and acknowledge that the personal shopper service ("Personal Shopper") available on the Website is not an obligation to purchase the items suggested by the Personal Shopper. The items selected are manufactured and supplied by third parties and Dress Me Daisy shall have no liability for, and does not in any circumstances give any guarantee of the quality of the items suggested by the Personal Shopper, the price of the items suggested by the Personal Shopper or the delivery times of the items suggested by the Personal Shopper.
12. Nothing in this User Agreement excludes or limits Dress Me Daisy's liability for death or personal injury or fraud by Dress Me Daisy.
13. All products and brands represented in celebrity-related content have been independently selected by the Dress Me Daisy team and not by the celebrity themselves. The celebrity does not sponsor or endorse any product or brand included in this content.
14. Indemnity. You agree to indemnify and hold harmless Dress Me Daisy, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Website or any breach by you of this Agreement.
15. Entire Agreement / Waiver. This Agreement represents the entire agreement between you and Dress Me Daisy in relation to your use of the Website (including its content), and it supersedes all prior or contemporaneous communications (whether in writing, oral or electronic) between you and Dress Me Daisy with respect to the Website. Any waiver of any term of this Agreement will only be effective if in writing and signed by a party and no waiver by Dress Me Daisy of any right or remedy under this Agreement will prevent Dress Me Daisy from enforcing any of its rights or remedies in any other situation where you breach this Agreement.
16. Nature of relationship / Severability. No joint venture, partnership, employment, or agency relationship exists between you and Dress Me Daisy as a result of this Agreement or your utilisation of the Website. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
17. Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this Agreement, including any disputes relating to the Content of the Website, whether based in contract, tort, statute or otherwise, shall be finally resolved by arbitration; provided, however, that a party may seek and secure injunctive or other equitable relief in enforcing this Agreement in the forum specified in section 17 below. The arbitration shall be conducted by one arbitrator in English and in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The place of the arbitration shall be London. The decision of the arbitrator shall be binding upon the parties.
18. Governing Law. This Agreement is governed by English law. In the event that a party wishes to seek injunctive or other equitable relief in connection with the enforcement of this Agreement, the parties agree to submit to the exclusive jurisdiction of the courts of England.
19. Liquidated Damages. If you breach this Agreement by sending unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Website, you acknowledge that you will have caused substantial harm to Dress Me Daisy, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, and not as a penalty, you agree to pay Dress Me Daisy £50 for each such unsolicited communication you send through the Website. You understand and agree that £50 per unsolicited communication is a reasonable forecast of the damages Dress Me Daisy would suffer as a result of your transmitting unsolicited communications via the Website.
Competition Terms and Conditions:
1. Competitions/prize draws are not open to employees of dressmedaisy Ltd. their families, agents or anyone professionally connected with the competition.
2. Only one entry per person is allowed. Entries will only be accepted via dressmedaisy.com as stated.
3. dressmedaisy Ltd. reserves the right to alter, amend or close the competition if necessary.
4. There are no cash alternatives.
5. Entry is open to women over the age of 16 years old.
6. Entry to this competition signifies acceptance of these terms and conditions which include the competition instructions and rules.
7. The competition closes on 31st March 2010 entries after this date will not be accepted in to the prize draw.
8. A list of winners will be available on dressmedaisy.com two (2) months after the closing date of the competition.
9. dressmedaisy Ltd. reserve the right to publish names of competition winners in relation to publicity.
10. In the event of a dispute, the decision of dressmedaisy Ltd. will be final.
11. Where the specific competition rules conflict with these terms and conditions then the specific competition rules will apply.
12. If you are a winner of this competition you acknowledge and agree that neither the Company or any Competition sponsor(s) or any of their employees, agents or subcontractors shall have any liability to you whatsoever in connection with your use and/or possession of your prize, provided that nothing in these Competition Rules shall exclude or limit the liability of any party for personal injury or death caused by negligence or for anything else which cannot be excluded or limited by law.