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Terms & Conditions

Last Updated March 23, 2019

 

Introduction

Welcome to the Whistling Wren (following as ‘TWW'). By using TWW, intended as a website (the "TWW", the "Service"), the user of our services expressly agrees to have read, understood and accepted these Terms and Conditions and our Privacy Policy.

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If you do not agree with one or more of the clauses in our legal documentation, please do not use our services.

In order to use the service, you must:

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•               You may accept (by implication) our legal documentation.
 

The user also guarantees that all data provided to TWW at the time of signing the contract is true, accurate and complete and undertakes to keep it true.

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Amendments to the agreements

From time to time, we may, at our discretion, make changes to the Service and/or our legal documentation. When we make significant changes to the legal documentation, we will notify users via the System. The continued use of TWW after such changes, implies an express acknowledgement and acceptance of the changes.

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Licences

The TWW and the content provided through it are property of TWW or its licensors and we grant them to users under a limited, non-exclusive and revocable license for their personal and non-commercial use of the purchased products.

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All TWW trademarks, service marks, trade names, logos, domain names and all other features of the TWW trademark are the exclusive property of TWW. This License does not grant any right to use the trademarks, TWW service marks, trade names, logos, domain names, or other features of the TWW trademark, whether for commercial or non-commercial use.

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The user agrees not to use the TWW Service (including but not limited to its content) in any way that is not expressly provided for by these Conditions.

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Third party software collections included in the TWW Service are licensed according to the rules set forth in these Terms.

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Third-party services

TWW, in order to properly provide its services, may (now or in the future) use third party applications, websites and content directly offered by third parties ("Third Party Applications"). The use of these applications is subject to their own terms of use. You acknowledge and agree that TWW is not responsible for the behaviour, features, or content of any third party application.

 

User guidelines

TWW respects intellectual property rights and expects users to do the same. TWW has established some basic rules that users should follow when using the Service to ensure that TWW remains a product that everyone can use. Please, follow these rules and encourage other users to behave in the same way. The following actions are not permitted for any reason:

 

  • copy, redistribute, reproduce, "extract", record, transfer, perform or publicly display, transmit or make available to the public any part of the TWW Service or Content, or alternatively make any use of the TWW Service or Content that is not expressly permitted under the Agreements or applicable law, or that otherwise infringes the intellectual property rights (such as copyright) of the TWW Service, Content or any part thereof;

  • use the TWW Service to import or copy local files for which you do not have the necessary legal rights to do so;

  • reverse engineer, decompile, disassemble, modify or create derivative works based on the TWW Service, Content or any part thereof, except as permitted by applicable law;

  • circumvent any technology used by TWW, its licensors or other third parties to protect Content or Service;

  • sell, rent, subcontract or lease any part of the TWW Service or Content;

  • circumvent any territorial restrictions applied by TWW or its licensors;

  •  remove or modify any copyright, trademark or other intellectual property notices contained in or provided through the TWW Service (including for the purpose of concealing or modifying any proprietary or proprietary notices of any Content);

  • crawl within the TWW Service, or use other automated means (including bots, scraper and spiders) to collect information from TWW; Please respect TWW, the owners of the Content and other users of TWW. Do not engage in any activity, post User Content (if applicable) or register and/or use a user name that is or includes material:

  • offensive, disparaging, defamatory, pornographic, threatening or obscene;

  • illegal or designed to promote or commit illegal acts of any kind, including but not limited to infringement of the intellectual property rights, privacy rights or exclusive rights of TWW or any third party;

  • malicious such as malware, Trojan horses or viruses, or otherwise capable of interfering with your access to the Service;

  • conceived or capable of causing disturbance or harassment to other users;

  • capable of faking or misrepresenting its affiliation with other users, persons or entities, or otherwise fraudulent, false, deceptive or misleading;

  • which uses automated means to artificially promote content;

  • which involves the transmission of unsolicited mass messages or other forms of spam ("spam"), junk mail, chain letters or the like, including through the inbox of TWW;

  • that involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes or pyramid schemes, that are not expressly authorised by TWW; 

  • that connects, refers to or otherwise promotes commercial products or services, unless expressly authorised by TWW;

  • that interferes with or in any way disrupts the TWW Service, tampers with, violates or attempts to probe, examine or vulnerability test the TWW Service or computer systems or network, rules of use or any other security component, authentication measure or other TWW protection measure applicable to the Service, Content or any part thereof; or

  • that causes conflicts with the Agreements, as determined by TWW.

  • Finally, the use of purchased products is exclusive responsibility of the purchaser.


The password protects the user account, and the user is solely responsible for keeping it confidential and secure. You understand that you are responsible for all use of your user name and password within the Service. In the event of theft or loss of your username or password, or if you believe that there has been unauthorised access to your account by a third party, please notify us immediately and change your password as soon as possible.

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No Resale

Other than as expressly provided under in this Agreement, you agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Site, without TWW's express written consent.

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INTELLECTUAL PROPERTY

Trademarks and Copyrights: TWW's trademarks, trade dress and Product images may not be used in connection with any product or service that does not belong to TWW, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TWW. All other trademarks not owned by TWW that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TWW.

 

Proprietary Rights

  • You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by TWW, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorisation of TWW or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.

  • You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any application programming interfaces or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

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Intellectual Property Policy

TWW respects the intellectual property rights of others. We ask our customers to do the same. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify TWW's Copyright Agent, and provide the following information ("Notice"):

  • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright/trademark interest;

  • a description of the copyrighted work and/or trademark claimed to have been infringed;

  • a description of where the claimed infringing Content is located on our Site;

  • your address, telephone number, and email address;

  • a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright/trademark owner, its agent, or the law;

  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorised to act on behalf of the owner of the copyright/trademark interest involved.

  • Please note that this procedure is exclusively for notifying TWW that your trademark or copyrighted material has been infringed.

  • TWW's Copyright Agent can be reached at: hello@thewhistlingwren.co.uk

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Payments

TWW currently accepts major credit cards and PayPal as methods of payments. In any case, using a method, you expressly demonstrate to have the full rights of use for it.

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Refunds & Returns

TWW offers the opportunity of refund/return of items in case of damaged/incorrect delivery of ordered products.

In this case, please contact us promptly within 3 days of receiving your order using our email address available at the bottom of the page and specify the encountered problem (error in the delivered product or the presence of a defect) and the ordered product. We will provide you with all the details necessary to return the product back to us and receive a correct / undamaged or receive a refund.

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Customer Error on Personalised Items.

TWW provide amends for free but charge for the cost of the P&P. In the case of the customer has made an error of providing the wrong personalisation details we don't offer a refund or return. If the item is an unframed art print then TWW will amend and replace the print for the postage cost agreed upon between TWW and the customer. If the item is a framed print then the frame must be returned to us (sent by tracked delivery) where we will amend the framed artwork and resend back to the customer. Again the cost of the P&P will be charged to the customer agreed upon in advance between TWW and the customer. TWW are not responsible for damaged or lost framed artwork sent to us for amendment.

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Incorrectly addressed orders.

If the order is returned as it was incorrectly addressed or not picked up from a holding post office then the customer will be liable to repay the postage again. We ask that international customers are familiar with their own country's rules of imports and address formatting. If an order is returned as it is incorrectly formatted according to that country's requirements they will be liable to repay the postage again. In the event that the item is non personalised the customer may either choose to have their order refunded minus the original P&P cost or they can have it reshipped at the re-postage expense which they must cover. If the item is personalised then there will be no refund if they choose to not have it reshipped. If they choose to have it reshipped they must cover the postage cost. 

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Limitations and Service Modifications

TWW will make reasonable efforts to keep the TWW Service operational. However, from time to time, some technical difficulties or maintenance operations may cause temporary interruptions. To the extent permitted by applicable law, TWW reserves the right to modify or discontinue, periodically and at any time, temporarily or permanently, the functions and capabilities of the TWW Service, with or without notice and without any liability to users, except where prohibited by law, for any interruptions, changes or terminations of the TWW Service or other related functions.

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Termination and cancellation

The Agreements will remain in force until terminated by the user or TWW. However, the user understands and agrees that TWW may at any time suspend or completely deny access to the services to any user, without any written notice.

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Warranty and disclaimer

TWW TRIES TO PROVIDE THE BEST POSSIBLE SERVICE, BUT THE USER UNDERSTANDS AND AGREES THAT THE TWW SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR EXPRESS OR IMPLIED STATUS OF ANY KIND. YOU USE TWW SERVICE AT YOUR OWN RISK. TO THE MAXIMUM LIMITS LAID DOWN BY APPLICABLE LAW, TWW AND ALL CONTENT OWNERS DO NOT PROVIDE ANY INSURANCE AND DENY ANY WARRANTY OR SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TWW AND THE CONTENT OWNERS DO NOT WARRANT THAT IN ANY WAY THE TWW SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, TWW DOES NOT PROVIDE ANY INSURANCE AND DOES NOT WARRANT, AFFIRM OR ASSUME THE RESPONSIBILITY OF ANY APPLICATION OF THIRD PARTIES (OR ITS CONTENT), USER CONTENT OR OTHER PRODUCTS OR SERVICES PUBLISHED OR OFFERED BY THIRD PARTIES ON OR THROUGH THE SERVICE TWW OR A WEBSITE LINKED THROUGH HYPERTEXT LINK OR PRESENTED IN A BANNER OR OTHER ADVERTISING. YOU ACKNOWLEDGE AND ACCEPT THAT TWW IS NOT RESPONSIBLE FOR ANY TRANSACTION BETWEEN USER AND SUPPLIERS THIRD PARTIES OF APPLICATIONS OR THIRD-PARTY PRODUCTS OR SERVICES PUBLISHED ON OR THROUGH TWW SERVICE. IN THIS RESPONSE, NO ADVICE OR INFORMATION PROVIDED FOR ORAL OR WRITTEN BY THE USER TO TWW WILL CONSTITUTE ANY FORM OF WARRANTY FOR TWW. IF PROHIBITED BY APPLICABLE LAW, SOME ASPECTS OF THIS SECTION CAN NOT APPLY TO CERTAIN JURISDICTIONS.
 

Limitations

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ONLY AND SOLELY REMEDY FOR ANY PROBLEMS WITH THE TWW SERVICE CONSISTS IN UNINSTALLING THE TWW SOFTWARE AND STOPPING USING THE TWW SERVICE. EVEN IF TWW DOES NOT ASSUME ANY LIABILITY FOR THIRD PARTY APPLICATIONS OR THEIR CONTENT, AND EVEN IF THE RELATIONSHIP WITH THESE THIRD PARTY APPLICATIONS MAY BE ADJUSTED BY SEPARATE AGREEMENTS WITH THOSE THIRD PARTIES, TO THE EXTENT PERMITTED BY LAW ONLY AND ONLY REMEDY OFFERED BY TWW FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THEIR CONTENT CONSIST IN UNINSTALLING AND / OR STOP USING THESE THIRD-PARTY APPLICATIONS.

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IN THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TWW AND ITS OFFICIALS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, AFFILIATES, BRANCHES, SUCCESSORS, ASSIGNEES, SUPPLIERS OR LICENSORS MAY BE CONSIDERED LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL DAMAGES , PUNITIVE, EXEMPLARY OR CONSEQUENT; (2) ANY LOSS OF USE, DATA, BUSINESS OR USEFUL (DIRECT AND INDIRECT).

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Severability and waiver

Except as otherwise stated in the Agreements, where any provision of the Agreements is held to be invalid or unenforceable for any reason or at any level, such invalidity or un-enforceability shall not in any way interfere with or render invalid or unenforceable the remaining provisions of the Agreements, and the enforcement of such provision shall be enforced to the fullest extent permitted by law.

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Any failure by TWW or third party beneficiaries to enforce the Agreements or related clauses shall not void TWW's or third party beneficiary's right to do so.

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Assignment

TWW may assign the Agreements or any part thereof, and may also delegate any obligations under the Agreements. You may not assign the Agreements or any part thereof, nor transfer or sublicense your rights under the Agreements to any third party.

Indemnification

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To the fullest extent permitted by applicable law, you agree to indemnify and hold TWW harmless from and against any damages, losses and expenses of any kind (including reasonable attorneys' fees and costs) arising out of: (1) your violation of this Agreement; (2) any User Content; (3) any activity in which you engage or perform through the TWW Service; and (4) your violation of any law or the rights of any third party.

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Jurisdiction

TWW operates in full accordance with the applicable laws of UK. In this sense, any dispute or legal controversy will be resolved in the exclusive courts of the UK.

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Contacts

If you have any questions about the TWW Service or Agreements, please contact us at hello@thewhistlingwren.co.uk

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