Welcome to the web pages of AndEverything (the “Company,” “we” or “us”). The following terms and conditions, including the terms contained in our Privacy Notice and Terms of Sale (collectively, the “Terms of Use”) govern your access to and use of http://www.andeverything.com (the “Website”), including any content, functionality, products and services offered on or through the Website, whether as a guest or a registered user.
Please read these Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, by the terms and conditions in our Privacy Notice and the Terms of Sale, found in this document. If you do not want to agree to these Terms of Use, or the terms and conditions in our Privacy Notice and Terms of Sale, you must not access or use the Website.
This Website is offered and available to users who are at least 18 years of age or older and reside in the United Kingdom or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age 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 may not access or use the Website.
You may be required to establish an account with us to use certain aspects of the Website, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are urged to check this page frequently so you are aware of any changes, as they are binding upon you.
We reserve the right to take down or modify the Website, and to cease, take down or modify any content, goods or services we provide on or through the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any account, user name, password or other identifier, whether chosen by you or provided by us, at any time, if, in our sole discretion or in our opinion, we suspect security has been compromised, or that you have violated any provision of these Terms of Use.
When you use apps created by the Company, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
You may not use the Website if you are the subject of sanctions imposed by the U.S. or sanctions consistent with U.S. law imposed by other countries’ governments where you are using the Website. You must comply with all U.S. or other export and re-export restrictions that may apply to products, software, technology, and services.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website as our customer. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
You must not:
The Company name, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notice to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”), this written notice (the “DMCA Notice”) must include substantially the following:
Our designated Copyright Agent to receive DMCA Notices is:
Lisa A. Lori, Esquire
Klehr Harrison Harvey Branzburg LLP
1835 Market Street, 14th Floor
Philadelphia, PA 19103
llori@klehr.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notice with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Completed Counter-Notices should be sent to:
Lisa A. Lori, Esquire
Klehr Harrison Harvey Branzburg LLP
1835 Market Street, 14th Floor
Philadelphia, PA 19103
llori@klehr.com
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
These Content Standards apply to any and all materials or information you may post, or submit for use in connection with the Website or any product or service contained or offered therein.
“Content” includes all graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information that you upload, permit us to upload, post or submit for use in connection with the Website (referred to herein as “Content”).
Content provided by users must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, content must not:
You shall be solely responsible for your own content submitted and the consequences of submitting and publishing your content on the Website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents and permissions to publish or use content you submit; and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for use in connection with the services on this Website.
For clarity, you retain all of your ownership rights in your content, except as to data. However, by submitting content to us, you hereby grant to us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the services provided through this Website.
We do not endorse any content submitted by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such content submitted. We do not permit copyright infringing activities and infringement of intellectual property rights on or in connection with the services provided through the Website and, if we are made aware of any such infringement, we will remove the content if properly notified that such content infringes on another’s intellectual property rights. We reserve the right to remove content without prior notice for any reason.
By placing an order on this Website, you warrant that you have all necessary permission, right and authority to place the order. You authorize the Company to produce the products on your behalf. You grant us the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded and permitted us to upload for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit us to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
This Privacy Notice describes the types of information we may collect from you or that you may provide when you visit this Website or utilize our services. This Privacy Notice also describes our practices for collecting, using, maintaining, protecting and disclosing that information.
This Privacy Notice applies to information we collect:
This Privacy Notice does not apply to information collected:
Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to access or use our Website. By accessing or using this Website, you agree to this Privacy Notice and our policies and practices described in this Privacy Notice.
Please note that this Privacy Notice may change from time to time and, therefore, you are encouraged to check this Privacy Notice each time you access or use our Website. Your continued use of this Website after we make changes to the Privacy Notice is deemed to be acceptance of those changes, so please check periodically for updates.
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features; do not register on the Website; do not make any purchases through the Website; do not use any of the interactive or public comment features of this Website; and do not provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@andeverything.com and provide us sufficient detail to investigate the matter and take corrective action if necessary.
We collect several types of information from and about users of our Website and their customers or clients, including information:
We collect this information:
The information we collect on or through our Website may include:
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
The information we collect automatically may be statistical (e.g., not personally identifiable information), but may also contain personally identifiable information (for example, a static IP address that may be associated with you), and may be maintained or associated with Personal Information about you that we collect in other ways or receive from third parties. Such information helps us to improve our Website and to deliver a better and more personalized service for our customers, including by enabling us to:
The technologies we use for this automatic data collection may include, among others:
Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our Website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. Typically, this information is used to provide you with interest-based (behavioral) advertising or other targeted content, including via e-mail.
We do not control these third-parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
We use information that we collect about you or that you provide to us, including any Personal Information:
We may use and disclose aggregated statistical information about our users, and any information that does not identify any individual, without restriction.
We may disclose Personal Information that we collect or you provide to us as described in this Privacy Notice:
You can review and change your personal information by logging into the Website and visiting your account profile page.
You may also send us an e-mail at privacy@andeverything.com to request access to, correct or delete any Personal Information that you have provided to us. We will not be able to delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement, or cause the information to be incorrect.
If you delete your information from the Website, be advised that copies of your information may still remain in cached and archived pages, or might otherwise have been copied, stored or printed out.
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding, among other things, our disclosure of personal information to third-parties for their direct marketing purposes. To make such a request, please send an e-mail to privacy@andeverything.com
We have implemented measures and safeguards designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure, including industry standard encryption and other protocols for electronic processing of payments.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We likewise urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
It is our policy to post any changes we make to our Privacy Notice on this page. If we make material changes as to how we treat our users’ personal information, we will notify users via a notice displayed on the Website home page and may (but are not required to) notify users of any changes via e-mail. You are responsible for ensuring that we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and reviewing this Privacy Notice to check for any changes.
If the Website contains links to other sites and resources provided by third-parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
The owner of the Website is based in the United Kingdom. We provide this Website for use only by persons located in the United Kingdom. We make no claims that the Website or any of its content is accessible or appropriate outside of the United Kingdom. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, UNLESS OTHERWISE EXPRESSLY STATED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, OR THAT ARE EXPRESSLY PROVIDED WITH ANY GOODS OR SERVICES SOLD THORUGH THE WEBSITE.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR RECONSTRUCDTION OF ANY OF YOUR LOST DATA. WE 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 THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, OR THAT ARE EXPRESSLY PROVIDED WITH ANY GOODS OR SERVICES SOLD THORUGH THE WEBSITE.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, 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 violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
All matters relating to the Website or these Terms of Use or any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the commonwealth of Pennsylvania, without giving effect to any choice or conflict of law provision or rule.
No waiver of or by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining provisions of the Terms of Use will continue in full force and effect.
By placing an order through the Website, you agree to be bound by these sales terms and conditions (the “Terms of Sale”).
Please read these conditions carefully before placing an order with the Company. By placing an order with the Company, you signify your agreement to be bound by these conditions.
Orders can be placed by individuals through the Website. You warrant and represent to us that all information you provide to us when you place your order is true, correct and accurate.
Our products and services are set forth and described in the Website. Due to price fluctuations, all prices are subject to change, at any time and without notice.
When you place an order to purchase a product or service from the Company, we will send you a message to the email address you provide at the time of your order, confirming receipt of your order and containing the details of your order (the "Order Confirmation"). The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) or the services ordered. In the event a specific product cannot be supplied, the Company or the Merchant will notify you and provide a similar alternative product. If your order is shipped in more than one package, you may receive a separate Shipping Confirmation for each package, and each Confirmation and corresponding dispatch may contain separate terms and conditions relating to the sale between us for the product(s) specified in that Shipment Confirmation.
Your Order Confirmation will act as your Sales Invoice. Should a further copy of your Order Confirmation be required, you should request a copy from the Company.
The Website requires you to provide your own designs, artwork or Content (which includes graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information that you upload, permit us to upload, post or submit) to use for your customization project (“User Art”).
By placing an order on this Website, you warrant that you have all necessary permission, right and authority to place the order. You authorize the Company to produce the products on your behalf. You grant us the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded and permitted us to upload for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit us to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you. You agree to defend and indemnify us, and our licensors, agents and affiliates against any claims of infringement or the like.
Under no circumstances will the Company provide any refund or reimbursement, for the following:
Unless expressly indicated otherwise, the Company is not the manufacturer of the products sold on this Website. While we work to ensure that product information on our Website is correct, actual product packaging and materials may contain more and different information to that displayed on our Website. Ingredients may also change. All information about the products on our Website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings and directions provided with the product before use.
For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this Website is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. The Company is not liable or responsible for inaccuracies or misstatements about products by manufacturers or other third parties.
By placing an order through the Website, you agree that the following Limited Warranty applies:
User Art, copy or other materials submitted by you for use in producing items ordered will be accepted by the Company as being submitted in full compliance with all applicable laws regarding trademark, service mark, copyright, right of privacy, patent or similar protection, and with the Company’s understanding that you have the legal right to use the same in the ordered product. You, by submitting such User Art, copy or other materials, represent that the use thereof by us or our agents on the items ordered will not violate any laws or the rights of any party or parties in or to the same, and the Company disclaims any liability for compliance with such laws in the use of your User Art, copy or materials. You hereby agree to hold the Company harmless from and indemnify the same from any damages, costs and/or expenses as they arise under all such laws as consequence of the Company’s use of User Art, copy or other materials in fulfilling your order, including but not limited to reasonable attorneys’ fees.
Any artwork, designs and trademarks imprinted on the products displayed on this Website are reproduced only as examples of the type and quality of services and products available through this Website, and are not intended to represent any Company endorsement of: (i) any specific product; (ii) any specific artwork, design or trademark; or (iii) any owner of the artwork, design or trademark.
All matters relating to the Terms of Sale or any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, the Terms of Sale or any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be instituted exclusively in the courts of England. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, and you hereby waive any right to jury trial.
The Terms of Use, our Privacy Notice and our Terms of Sale constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
AndEverything is a trading name of Customer Focus Software Limited a company registered in England and Wales with registered offices at: Unit 4 Rhodes Business Park, Middleton, Manchester, Cheshire. M24 4NE. Company Registration: 05225734