05/07/2024
TERMS AND CONDITIONS FOR THE USE OF THE LYLY COMB WEBSITE
We are delighted to welcome you to Lyly Magic Comb. This website is operated by Lyly Magic Comb. LyLy Magic Comb is a contemporary hair salon located in 42, Vauban Estate, Southwark, London, England, SE16 3QU
These terms of service outline the terms and conditions for which Lyly Magic Comb offers this website, including all information, tools and services available to you, the user. Please take the time to read these terms of service carefully before accessing our website. By accessing this website, you are deemed to accept these terms of service in full. If you do not accept all the terms and conditions of this website, do not access or use the website or any services.
By using this website, you further represent and warrant that you are at the legal age of majority under the applicable law to form a binding contract with the company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the website.
Throughout the site, the terms “we”, “us” and “our”, “the Company”, “Ourselves” refer to Lyly Magic Comb.
“Client”, “You” and “Your” refers to you, the person accessing this website, accepting our terms and conditions, and/or purchasing something from us.
MODIFICATIONS OF THE TERMS AND CONDITIONS AND TO THE WEBSITE
We reserve the right to change, modify, supplement or update these terms and conditions from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms and Conditions if you continue to use any of our web sites after such changes are posted.
Unless otherwise indicated, any new content, products and services added to our web sites will also be subject to these Terms and Conditions effective upon the date of any such addition. You are encouraged to review these Terms and Conditions periodically for any updates and changes.
The information and material on this Website, may in our sole discretion and without notice, be changed, withdrawn or terminated at any time. We will not be liable if all or any part of the Website is restricted or unavailable to users or unavailable at any time or for any period, for any reason whatsoever.
INTELLECTUAL PROPERTY RIGHTS AND LICENCE
All intellectual property rights for all content and materials displayed on the Website (“Content”) belong to Lyly Magic Comb. All intellectual property rights are hereby reserved.
We will enforce our intellectual property rights to the fullest extent of the law, including criminal prosecution. You acknowledge that the web sites´ content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws of England and Wales and that you acquire no ownership interest by accessing and using the web sites and the content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, and trade secrets, and all such rights are and shall remain the property of Lyly Magic Comb.
All content included on our web sites and their related software is our property and is protected by copyright law. We retain all right, title, and interest in our websites´ content. We grant you the nonexclusive, non transferable, limited, and revocable right to print individual pages from our web sites, without alteration, for your own personal, noncommercial use, and for your consideration in connection with the possibility of doing business with us. Except as allowed in these Terms and Conditions, you may not produce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, any of the contents of our web sites or any related software without the prior written consent of us or our content providers. This licence does not include any resale or commercial use of our web sites or their content or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilise framing techniques to enclose any Trademark (as defined below), or other proprietary information (including images, text, page layout, or form) of Lyly Magic Comb without Lyly Magic Comb’s express written consent. You may not use any meta-tags or any other “hidden text” utilising any of our name(s) or Trademarks without the express written consent of their respective owners. Any unauthorised use of our web sites terminates the permission granted by Lyly Magic Comb in these Terms and Conditions to access our web sites.
All trademarks, characters, and service marks, and the other source identifying names, graphics, and logos (collectively “Trademarks’ ‘) displayed and used on our web sites belong to us or have been licensed to us. The Trademarks may not be used without our prior written permission. We do not permit the use of our Trademarks in advertising, as an endorsement for any product or service, or for any other purpose, commercial or otherwise, without our prior written approval. Nothing contained in our web sites should be construed as granting any licence or right to use any Trademarks displayed and used on our websites. Any use and/or misuse of the Trademarks displayed and used on our web sites, or any other content on our web sites, except as provided in these Terms and Conditions, is strictly prohibited.
USE OF WEBSITE, ACCOUNT SET-UP AND SECURITY
When you create an account with us, registration on the website may be required. You must ensure that you provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding your username, password and other pieces of information that you use to access the Service and for any activities or actions on the website. You agree to treat your password and all information as confidential and not to disclose to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account. You must ensure that all persons accessing the website through your internet connection are aware of these terms and conditions and comply with them.
The transmission of information via the Internet is unfortunately not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
We reserve the right at any time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:
(a) accessing content and data that is not intended for you;
(b) attempting to breach or breaching the security and/or authentication measures which are not authorised;
(c) restricting, disrupting or disabling service to users, hosts, servers or networks;
(d) illicitly reproducing TCP/IP packet header;
(e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website;
(f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
(g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and
(i) otherwise attempting to interfere with the proper working of the Website.
CONDITIONS OF USE AND USER SUBMISSIONS AND SITE CONTENT STANDARDS
As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
The Website and the Content may only be used for your personal, non-commercial use.
Except as set out above, you agree not to:
- Download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Content without the prior written permission of Lyly Magic Comb.
- Use the Content or the Website for any illegal or improper purpose, nor for any purpose which might infringe the rights of others, or which might harass or cause inconvenience or distress to any person.
- In any manner violate any applicable local or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
- In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Lyly Magic Comb’s sole discretion.
- Involve, stalk, attempt to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code.
- Involve, provide or contribute any false, inaccurate or misleading information
- Send, knowingly receive, upload, download, use, or reuse any material that does not comply with the User Submissions and Site Content Standards.
- Impersonate or attempt to impersonate Lyly Magic Comb, its employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
- Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
NO RELIANCE
The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Website is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of this Website.
This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Lyly Magic Comb, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Lyly Magic Comb. Neither Lyly Magic Comb nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same debit/credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and debit/credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
THIRD-PARTY LINKS
For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. We are not responsible for examining or evaluating the 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. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss, harm or damages that may arise from your use of them. You are subject to any terms and conditions of such third-party sites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Such links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorised framing or linking to immediately stop.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but 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 or product pricing are subject to change at any time without notice, at the sole discretion of us. 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 purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing Lyly Magic Comb with your debit/credit card number and associated payment information, you agree that Lyly Magic Comb, and/or our third party service providers are authorised to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the services and/or purchase of products. In the event that access to an applicable service requires a recurring payment, you agree that we (or our third-party payment service provider) may automatically invoice your account at the beginning of each recurring period. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the applicable Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify Lyly Magic Comb of any change in your billing address or the debit/credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your debit/credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account.
You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees. To review the billing terms on your account or to terminate a subscription service, follow the instructions in the Contact Us section of this website.
PURCHASE TERMS
All orders, purchases or transactions for the sale of goods and/or services made using this Website are subject to the terms and conditions of sale and also incorporated into these Terms and Conditions. Payment for the goods and delivery charges can be made by debit/credit card, which is indicated on the website at the time you place your order. All goods are subject to availability. If on the receipt of your order the goods you have ordered are not in stock, Lyly Magic Comb will inform you by email with options to place the item on backorder or receive a total refund. All prices which are quoted on the website are in UK pounds sterling and will exclude packaging and delivery charges. Every effort will be made to ensure that prices shown on the website are accurate at the time you place your order. If an error is found prior to the despatch of the goods, Lyly Magic Comb shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. Lyly shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your debit/credit card charged. If your debit/credit card has already been charged for the purchase and your order is cancelled, LyLy Magic Comb shall issue a credit to your debit/credit card account in the amount of the incorrect price.
The price of the goods shown on the website is inclusive of Value Added Tax (VAT) at the current UK rate.
DISPATCH AND DELIVERY
All deliveries are subject to prior authorisation of your payment. All products ordered from Lyly Magic Comb shall be sent to you via Royal Mail (occasionally a commercial courier service may be used instead). Lyly Magic Comb shall endeavour to dispatch orders within 7 working days after receiving payment from you. Please note that deliveries cannot be made on Sunday or Bank holidays. Please ensure that you are available to receive your delivery anytime between 8am and 7pm. If there is a chance that you will not be at the delivery address, take advantage of having the parcel delivered to an address of your choice. Please note that if this option is taken, there must be a person willing to sign for the goods at that address, and by providing a different delivery address, you are authorising us to accept as proof of delivery the signature of whoever signs our delivery note on your behalf. If you (or anyone at your chosen delivery address) are not there to receive your delivery, a card will be left by the courier and it will be your responsibility to contact the courier service and pick it up from their depot. You must ensure that all address details for delivery are correct as we will not check these and this could mean your goods go to an incorrect address or a delay in the despatch. If for any reason other than our own error, your goods are returned to ourselves there will be an additional shipping charge (which will be quoted on an individual basis) to re-send the goods. This amount will have to be paid prior to the goods being re-sent.
Delivery charges vary according to the destination and weight of your parcel. If the cost of sending your parcel exceeds the standard charge we have implemented for your region, we may email you with a revised cost which we request you pay before we despatched your order. Every effort will be made to deliver the goods within a reasonable time period.
If Lyly Magic Comb is unable to deliver the goods within 30 days of receiving your order, Lyly Magic Comb will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund which has been debited from your debit/credit card for the goods. Lyly Magic Comb will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery.
In exceptional circumstances, such as long term out of stock, Lyly Magic Comb reserves the right to dispatch part of a customer’s order, and deduct the appropriate product cost of product/s not dispatched. No ‘balance’ order would be sent at a later date from the original order unless previously arranged with ourselves.
CANCELLATION/RETURNS POLICY
You may cancel your order by notifying us in writing at any time up to 7 days after your products have been delivered. Notification should be sent via the Contact Us form stating your order number and the reason for cancellation. The products to be returned must be returned unopened and at your own expense. We recommend the use of a recorded delivery service. These costs will not be reimbursed. You can no longer cancel your order once you have opened the product containers or used the products. However, your statutory rights concerning the quality of those products will be unaffected. Lyly Magic Comb will refund the buyer for the price of the goods within 30 days of receiving the returned goods. We reserve the right to make a deduction on any refund given for cancelled goods if we deem them to have been handled more than was necessary. Lyly Magic Comb reserves the right to cancel any order placed this may be for reasons including, items out of stock, customers who fail to respond to e-mail notifications requesting contact.
If Lyly Magic Comb does cancel any customer orders they will be notified by e-mail prior to this happening. All monies would be refunded to the debit/credit card that was used to place the order within 14 days of cancellation taking place.
GEOGRAPHIC RESTRICTIONS AND EXPORT TERMS
Lyly Magic Comb is based in the United Kingdom. We operate under the jurisdiction of England and Wales. The laws governing this Website are not intended for any jurisdiction where its use is not permitted. If you access the Website from outside England and Wales, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction. Where the goods are supplied for export from England and Wales, you will be liable for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any import duties or taxes which are levied on them.
RISK AND OWNERSHIP
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.
PHONE ORDERS
Orders placed with Lyly Magic Comb via telephone are subject to our full Terms and Conditions which can be sent upon request.
For customers ordering by telephone we cannot accept any responsibility for incorrect items ordered by customers and are unable to recommend suitable products as we are unaware of individuals’ needs and tastes. It is wholly the customers’ responsibility to ensure that they are ordering suitable products.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or 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 maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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 libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION AND PRIVACY
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy.
By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Website and provision of services.
By using this Website, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyse website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate 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 is inaccurate at any time without prior notice, including after you have submitted your order.
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 LYLY MAGIC COMB, 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 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.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lyly Magic Comb 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorised in these Terms and Conditions.
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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may 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 accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England, without regard to any choice or conflict of law provisions and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the English courts and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
WAIVER
The failure of Lyly Magic Comb to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision thereof. No single or partial exercise of any right hereunder precludes any other or further exercise thereof or the exercise of any other right.
SEVERABILITY
If any term or provision of these Terms and Conditions is found by a court of competent jurisdiction to be void, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall be deemed to be severed from these Terms of Service and shall not affect the validity and enforceability of any other term or provision of these Terms and Conditions.
ENTIRE AGREEMENT
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Lyly Magic Comb regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at lylymagiccomb@gmail.com.