TERMS OF SERVICE
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by ThePillowWithAHole.co.uk, acceptance is expressly limited to these terms.
The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.
- Your Pillow With A Hole. All of our pillows are made to order. We are not liable for any damages (including, for example, personal injury) arising from the misuse of the Pillow With A Hole products or services These terms and conditions do not exclude or limit our liability (if any) to you for:1. Personal injury or death resulting from our negligence
2. Fraud and fraudulent misrepresentation, or
3. Any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
- Delivery Delays: We dispatch our pillows within three days of receiving your order. In the event of a late delivery due to postal conditions, a full refund will be issued 30 days after dispatch to ensure that the package is lost and not simply delayed.
- Responsibility of Website Visitors. ThePillowWithAHole.co.uk has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, ThePillowWithAHole does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ThePillowWithAHole disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Copyright Infringement and DMCA Policy. As ThePillowWithAHole.co.uk asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ThePillowWithAHole.co.uk violates your copyright, you are encouraged to notify ThePillowWithAHole.co.uk in accordance with ThePillowWithAHole.co.uk’s Digital Millennium Copyright Act (“DMCA”) Policy. ThePillowWithAHole will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ThePillowWithAHole.co.uk will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ThePillowWithAHole.co.uk or others. In the case of such termination, ThePillowWithAHole will have no obligation to provide a refund of any amounts previously paid to by the user.
- Intellectual Property. This Agreement does not transfer from ThePillowWithAHole.co.uk to you any ThePillowWithAHole or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ThePillowWithAHole. ThePillowWithAHole, ThePillowWithAHole.co.uk, the ThePillowWithAHole.co.uk logo, and all other trademarks, service marks, graphics and logos used in connection with ThePillowWithAHole.co.uk, or the Website are trademarks or registered trademarks of ThePillowWithAHole or it’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ThePillowWithAHole.co.uk or third-party trademarks.
- Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will give reasonable notice, by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using ThePillowWithAHole.co.uk within the designated notice period. Your continued use of ThePillowWithAHole.co.uk will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
- Termination. ThePillowWithAHole may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ThePillowWithAHole.co.uk account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. ThePillowWithAHole and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ThePillowWithAHole nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will ThePillowWithAHole, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ThePillowWithAHole under this agreement during the twelve (12) month period prior to the cause of action. ThePillowWithAHole shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless ThePillowWithAHole, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Translation. These Terms of Service were originally written in English. We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
- Miscellaneous. This Agreement constitutes the entire agreement between ThePillowWithAHole and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ThePillowWithAHole, or by the posting by ThePillowWithAHole of a revised version. Except to the extent applicable by law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Macclesfield Magistrates’ Court, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Macclesfield. The arbitration shall take place in Macclesfield, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ThePillowWithAHole may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.