Terms and Conditions
1. Use of the julienmacdonald.com website
The julienmacdonald.com website (the “Website”) is made available to you by
Julien Macdonald Limited
(”We” “Our”/”Us”).By visiting the Website you are agreeing to comply with and be bound by the following terms & conditions, please read the terms & conditions carefully as if you do not agree to the terms & conditions you may not use this Website and should leave it immediately.
We may change the terms & conditions from time to time at Our discretion and We therefore ask that you carefully read the terms & conditions each time that you visit the Website as by using the Website you are agreeing to comply with and be bound by the terms & conditions that apply at the date of each separate visit to this Website (the “Terms”).
By visiting the Website you are also accepting and consenting to the practices described in Our Privacy Policy which We also ask that you read carefully each time that you visit the Website.
2. Intellectual Property Rights
All content contained on the Website, including, without limitation, photographs, graphics, images, logos, data, code, text, software and the compilation of the same (“Content”) and all copyright, design rights, trademarks and all other intellectual property rights relating to the Content (“Intellectual Property”) shall, as applicable, remain vested in Us and/or the property of the respective owner of the relevant Content and Intellectual Property. All such Content and Intellectual Property is protected by UK and international copyright laws.
Except as specified in Section 3 below, neither the Content, the Intellectual Property, nor any part thereof, may be used, reproduced, copied, sold, modified or otherwise exploited for any purpose without Our prior written consent.
3. Limited Licence
We grant you a limited, revocable and non-exclusive licence to access and make personal use of the Website. You may not use the Website, or any of its content, to further any commercial purpose, including, without limitation, any advertising or advertising revenue generating activity on your own website. You agree that you shall be personally responsible for your use of the Website and for all communication and activity on the Website. We reserve the right to deny you access to the Website, or any part of the Website, on a temporary or permanent basis at any time without notice if We determine, in Our sole discretion, that you are engaged in prohibited activities, or otherwise violated the Terms.
4. Third Party Links
We may include hyperlinks on the Website to other websites operated by parties other than Us. We may not have reviewed all of the sites linked to the Website and We are not responsible for the content or accuracy of any off-site pages or any other websites linked to or from the Website. We are not responsible for the availability of any off-site pages or websites and do not endorse and are not responsible or liable for, directly or indirectly, the privacy practices, terms or content of such websites, including, without limitation, any advertising, products or other materials or services on or available from such websites, nor for any loss, damage or offence caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, materials or services available on such websites.
5. Representations & Warranties
We make no representations or warranties, express or implied, in connection with the Terms, the Content, the Intellectual Property or the Website, including, without limitation, representations and warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, compatibility, security, any implied warranty arising from course of dealing or usage or trade, non-infringement of third party rights and reasonable skill and care, except to the extent that such representations and warranties cannot be legally excluded and nothing in these Terms shall limit your statutory rights as a consumer under English Law.
6. Limitation of Liability
You agree that, to the fullest extent permitted by applicable law, We shall not be liable, in contract, tort or otherwise, under any circumstances for:
A the withdrawal of any Content, in whole or in part, permanently or temporarily from the Website at any time without notice ;
B the need to replace or service property, material, equipment or data as a result of viruses or other harmful components arising from your use of the Website, including, without limitation during hyperlink to or from third party websites;
C the security or privacy of this Website and any information provided to or taken from the Website by you;
D any interruption of business;
E any access delays or access interruptions to the Website;
F any data non-delivery, mis-delivery, corruption, destruction or other modification;
G any loss or damage incurred as a result of dealings with or the presence of off-Website links on the Website;
H any inaccuracies, omissions or misleading, false or deceptive statement in the Content;
I events beyond Our reasonable control.
You agree that except for death and personal injury arising from Our negligence We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise arising out of or in connection with this contract for any economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any direct, indirect, special, incidental or consequential losses whether or not such losses were incurred by you arising out of or in connection with the provisions of any matter under the Terms. In no event shall Our aggregate maximum liability exceed one hundred pounds (£100).
7. Disputes
Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in London, except that to the extent that you have violated or threatened to violate Our intellectual property rights We may seek injunctive or other appropriate relief in the English Courts and you consent to the exclusive jurisdiction of the English Courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrators award shall be binding and may be entered as a judgement in any court of competent jurisdiction.
To the extent permitted by applicable law no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise. To the extent that arbitration is not permitted by applicable law any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in London, and all applicable provisions of this Section 7 shall apply.
At Our request you agree to fully defend, indemnify and hold Us, Our officers, directors, agents, affiliates, licensors and suppliers harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach by you of the Terms or any other liabilities arising from your use of the Website, or the use by any other person accessing the Website using your internet account. We reserve the right at Our expense to assume the exclusive defence and control of any matter subject to indemnification by you hereunder.
You acknowledge and agree that no joint venture, partnership, employment or agency relationship exists between you and Us as a result of the Terms or your use of the Website. You agree that you shall not hold yourself out as Our representative, agent or employee and We shall not be liable for any representation, act or omission on your part.
You acknowledge that these Terms together with Our Privacy Policy constitutes the entire agreement between you and Us concerning your use of the Website and supersedes all previous proposals, agreements, understanding, arrangements, undertaking and communications, written or oral, between you and Us in relation to such matters.
In the event that any other rules, code of conduct or other matter posted on the Website conflicts with the Terms, the Terms shall take precedence.
No oral explanation or information given by you or Us shall alter the interpretation of the Terms.
You confirm that in agreeing to be bound by and comply with the Terms you have not relied on any representation save insofar as the same has expressly been made a representation in the Terms and you agree that you shall have no remedy in respect of any misrepresentation, excluding any fraudulent misrepresentation, which has not become a provision of the Terms.
If any provision of the Terms is held to be illegal, invalid or unenforceable, in whole or in part, the Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any provision of the Terms by Us shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of the Terms.
Your use of the Website shall be governed by English Law and you hereto submit to the exclusive jurisdiction of the English Courts.
If you have any questions concerning these Terms or wish to file a complaint please contact Us via email at contact@julienmacdonald.com or write to us at Julien Macdonald Limited c/o Website Officer, 31, Old Burlington Street, London W1S 3AS.
8. Indemnification
At Our request you agree to fully defend, indemnify and hold Us, Our officers, directors, agents, affiliates, licensors and suppliers harmless from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach by you of the Terms or any other liabilities arising from your use of the Website, or the use by any other person accessing the Website using your internet account. We reserve the right at Our expense to assume the exclusive defence and control of any matter subject to indemnification by you hereunder.
9. Our Relationship
You acknowledge and agree that no joint venture, partnership, employment or agency relationship exists between you and Us as a result of the Terms or your use of the Website. You agree that you shall not hold yourself out as Our representative, agent or employee and We shall not be liable for any representation, act or omission on your part.
10. Entire Agreement
You acknowledge that these Terms together with Our Privacy Policy constitutes the entire agreement between you and Us concerning your use of the Website and supersedes all previous proposals, agreements, understanding, arrangements, undertaking and communications, written or oral, between you and Us in relation to such matters.
In the event that any other rules, code of conduct or other matter posted on the Website conflicts with the Terms, the Terms shall take precedence.
No oral explanation or information given by you or Us shall alter the interpretation of the Terms.
You confirm that in agreeing to be bound by and comply with the Terms you have not relied on any representation save insofar as the same has expressly been made a representation in the Terms and you agree that you shall have no remedy in respect of any misrepresentation, excluding any fraudulent misrepresentation, which has not become a provision of the Terms.
11. No Waiver
If any provision of the Terms is held to be illegal, invalid or unenforceable, in whole or in part, the Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any provision of the Terms by Us shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of the Terms.
12. Governing Law
Your use of the Website shall be governed by English Law and you hereto submit to the exclusive jurisdiction of the English Courts.
13. Contact Us
If you have any questions concerning these Terms or wish to file a complaint please contact Us via email at contact@julienmacdonald.com or write to us at Julien Macdonald Limited c/o Website Officer, 31, Old Burlington Street, London W1S 3AS.