TERMS AND CONDITIONS OF USE

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Eric Hira, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately. In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Eric Hira and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Eric Hira and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

  1. All Content included on the Website, unless uploaded by Users, is the property of Eric Hira, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights.
    Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written
    permission
  2. You may, for your own personal, non-commercial use only, do the following:
    a. retrieve, display and view the Content on a computer screen
  3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Eric Hira.
  4. You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
  5. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Eric Hira for all claims resulting from Content you supply.

Prohibited use

6. You may not use the Website for any of the following purposes:

a. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;

b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

7. You must ensure that the details provided by you on registration or at any time are correct and complete

8. By becoming a Registered User, you warrant that:

(a) you are legally capable of entering into binding contracts; and

(b) you are at least 18 years old or if you are a Minor you have the prior written consent of your parent or guardian to become Registered User.

9. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

10. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

11. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Membership Accounts and User Names

12. You are allowed to create only one membership account per person. You may not assign, transfer or otherwise deal with your membership.

13. Your user name must not:

  • contain any swear words or expletives or any words which could be construed as such in any language; or
  • damage LilyPoly’s goodwill or reputation or that of any entity with which we are associated including in each case officers, employees, personnel, members, customers and stakeholders; or
  • breach LilyPoly or any third party rights; or
  • imply any connection with LilyPoly. For example, your user name must not include the word “LilyPoly” nor must it use any of LilyPoly’s trade marks or any confusingly or colourably similar words or expressions.

14. If in Eric Hira’s view you breach any section 12 and 13 we may, without prejudice to our other rights and remedies, require you to change your user name or change it ourselves.

15. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of LilyPoly’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in Eric Hira’s opinion you have failed to comply with any of the provisions of the Terms.

Password and security

16. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.

17. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

Upgraded Users: Price and Payment

18. Some Services require payment in full before their use. In such cases the amount payable will be clearly indicated.

19. Eric Hira may change the prices from time to time. In which case, you will be notified of this in advance and have the opportunity to decline payment. If you decline payment you will not receive the Services to which such payment relates.

20. Prices include Value Added Tax unless otherwise indicated.

21. We will not start to provide the paid-for Services (and shall be under no obligation to do so) until we have been paid in advance in accordance with these Terms.

22. Without limiting any other remedies or rights that we may have, if you do not pay us on time, Eric Hira may cancel or suspend the performance of the paid-for Services until you have paid the outstanding amounts.

23. You are given the opportunity to check your Application and cancel it or amend it prior to its final submission to us. You have agreed that we will begin to provide the Services immediately on the issuing a Confirmation. Please note that once we have issued a Confirmation, provided you with a copy of these Terms in a durable medium and we have begun to provide the Services (i.e. activated your account) you may not cancel or amend the contract and you will lose any cancellation rights which you may have had under the Consumer Protection (Distance Selling) Regulation 2000. This does not affect your other statutory rights and you may still cancel our contract where you are legally entitled to do so, for example, in accordance with these Terms or because of our breach.

24. Following your initial subscription, your LilyPoly subscription will be automatically renewed in accordance with the upgrade type/offer. You may opt out of the automatic renewal at any time. Payments made by you before your subscription is cancelled will not be eligible for a refund. This does not affect your statutory rights.

Ending Our Contract

25. You may terminate your registration at any time, for any reason, with immediate effect by contacting us. Eric Hira reserve the right to check the validity of any request to terminate registration.

26. We may terminate your registration at any time, for any reason, with immediate effect by contacting you at your last known postal or e-mail address.

27. We may terminate your registration without notice if you breach our Terms including without limitation our Acceptable Use Policy and guidelines.

Refund Policy

28. If you terminate your registration for reasons other than our breach, then we will not refund to you any monies.

29. If we terminate for reasons other than your breach, then we will within fourteen days refund to you the balance of any monies which you have paid to us (and we have received) which relate to Services to be provided (but not provided) after the date of termination

Links to other websites

30. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Eric Hira or that of our affiliates.

31. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

32. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookies Policy

33. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://www.lilypoly.com/privacy.

Availability of the Website and disclaimers

34. Any online facilities, tools, services or information that Eric Hira makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Eric Hira is under no obligation to update information on the Website.

35. Whilst Eric Hira uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

36. Eric Hira accepts no liability for any disruption or non-availability of the Website.

37. Eric Hira reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

38. You must not misuse LilyPoly by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to LilyPoly, the server on which LilyPoly is stored or any server, computer or database connected to LilyPoly. You must not attack LilyPoly via a denial-of-service attack or a distributed denial-of service attack.

39. Eric Hira will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of LilyPoly or to your downloading of any material posted on it, or on any website linked to it

Limitation of liability

40.Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

41. To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.

42. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

43. To the maximum extent permitted by law, Eric Hira accepts no liability for any of the following:

a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

b. loss or corruption of any data, database or software;

c. any special, indirect or consequential loss or damage.

44. Without prejudice to the general limits on liability referred to in clause 22 and subject to clause 23:

  • Eric Hira is under no obligation to you to monitor or record the Postings, Content or other activities of users of LilyPoly;
  • Eric Hira do not assume any responsibility for the quality, safety or legality of Items;
  • Eric Hira do not assume any responsibility for the truth or accuracy of any Postings or Content;
  • Eric Hira make no promises, warranties or guarantees about your ability to buy or sell Items using LilyPoly;
  • Eric Hira is not responsible for third parties. For example, it is not Eric Hira’s responsibility if a seller does not deliver Items, if the Items are not as described or if a buyer does not pay for Items.

General

45. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

46. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

47. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

48. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

49. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

50. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

51. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Eric Hira details

Eric Hira of Office 414, 321-323 High Road, Chadwell Heath, Essex, RM6 6AX operates the Website LilyPoly.com

You can contact Eric Hira by email on support@lilypoly.com

Attribution

These terms and conditions were created by Rocket Lawyer (https://www.rocketlawyer.co.uk).