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These Terms & Conditions explain how you can use our websites and applications.  Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website. Please note, you must also refer to the ‘sellers’ terms and conditions on their emporella page before placing an order.

 

  1. AGREEMENT TO TERMS
  2. COMMUNITY POLICY
  3. INTELLECTUAL PROPERTY RIGHTS
  4. PROHIBITED ACTIVITIES
  5. PAYMENTS
  6. SHIPPING
  7. SELLER PROTECTION POLICY
  8. USER GENERATED CONTRIBUTIONS 
  9. CONTRIBUTION LICENSE
  10. SUBMISSIONS
  11. SITE MANAGEMENT
  12. TERM & TERMINATION
  13. MODIFICATIONS AND INTERRUPTIONS
  14. GOVERNING LAW
  15. DISPUTE RESOLUTION
  16. CORRECTIONS
  17. DISCLAIMER
  18. LIMITATIONS OF LIABILITY
  19. INDEMNIFICATION
  20. USER DATA
  21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  22. MISCELLANEOUS

1) AGREEMENT TO TERMS

 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Emporella ("Company", “we”, “us”, or “our”), concerning your access to and use of the www.emporella.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Last updated 20.04.2020.

 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2) COMMUNITY POLICY

 

This policy is a part of our Terms of Use.  By using any of Emporella’s community features, you’re agreeing to this policy and our Terms of Use.

Members who use any of the community features must be over 18 years old. 

 

In addition, to make sure that Emporella continues to be a place that’s safe and respectful, you agree to comply with the following policies in all community spaces:

 

  • Respect other members’ privacy.  Don't share private or personally identifying information in public areas of the site, and don't spam. 
  • Be honest and transparent about who you are.  Don't use a fake identity.
  • Be respectful towards other members.  Don't use community spaces to publicly disparage a specific member, shop, or item. 
  • Don't use community tools or features to interfere with another member’s business. 
  • Don’t use community spaces to discuss coordinating pricing with other sellers.
  • Don't use community spaces to harass other members. Similarly, don't post content in community spaces that may promote, support, or glorify hatred.
  • Don't publish or post threats of violence against others or promote or encourage others to engage in violence or illegal activity. 
  • Don’t engage in illegal activity or activity that infringes someone's intellectual property, or encourage others to engage in that type of activity.

 

By using the Site, you represent and warrant that:  (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

On Emporella, you can't discriminate based upon: 

  • Race
  • Colour
  • Ethnicity
  • National origin
  • Religion
  • Gender
  • Gender identity
  • Sexual orientation
  • Disability
  • Any other characteristic protected under applicable law

 

It is your responsibility as a seller or buyer to know your local laws and any other legal regulations on discrimination that might apply to you. 

Examples of prohibited behaviour on Emporella include, but are not limited to:

 

Refusal of service based on membership in one or more protected group

Derogatory or demeaning remarks against protected groups listed above 

Racial slurs

Posts that support or glorify current or historical hate groups

 

If you think discrimination has occurred on Emporella, please report it by emailing [email protected] and we will investigate.

3) INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

4) PROHIBITED ACTIVITIES

 

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

5) PAYMENTS

 

Accepting These Terms

This document sets out your rights and responsibilities when you use payments on Emporella’s services, so please read it carefully.  By using Emporella’s Payments, you’re agreeing to the Policy.

The Policy is a legally binding contract between you and Emporella.

 

Overview

Emporella Payments allows sellers to accept (a) payment by authorised credit and debit card transactions and some bank transfer services (b) have those funds credited to a seller’s payment account with Emporella, and (c) have those funds deposited into a seller’s designated bank account.

Sellers may only use Emporella Payments for the sale of items listed on Emporella’s Services and agree to ship sold items once a payment transaction is complete and reflected in their payment account. Emporella reserves the right to terminate a seller’s access to Emporella Payments if the seller uses Emporella Payments in any other manner.

Buyers may authorise a payment with any major credit or debit card accepted by Emporella and by some other bank transfer services. 

 

Rights and Responsibilities

Emporella Payments functionality may be made available, modified, or discontinued by us at any time without notice and is subject to the limitations in Emporella’s terms of use. 

 

As a security measure, we may impose transaction limits on buyers and sellers.  For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time.  We will not be liable to a seller: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a buyer to withdraw from a transaction.

Emporella may refuse service of Emporella Payments to anyone, for any reason, at any time.

Emporella reserves the right to decline transactions that we believe to be high risk, fraudulent, or in violation of Emporella’s Terms of Use.

In the event that a buyer does not make payment for the purchase of a legitimate item sold using Emporella Payments (e.g., where the buyer used a stolen or unauthorised credit card), Emporella may provide limited payment protection to the seller, in the interest of fairness.

 

Emporella maintains records associated with transactions on Emporella Payments and does not pass any secure data, including credit card numbers or bank account information to any sellers. Sellers will only receive shipping information and limited buyer account information necessary to complete the order. 

 

Emporella will send you any relevant notices regarding your use of Emporella Payments in accordance with our Electronic Communications Policy.



Seller Rights and Responsibilities

  1. Payment Accounts. Emporella Payments is only available to sellers who register and are approved for a payment account. A payment account allows sellers to track payment amounts, refunds, and fees related to transactions. Sellers must provide accurate personal information as requested during registration, and are responsible for maintaining and updating that information as necessary. Sellers will not impersonate any person or use a name he or she is not legally authorised to use. Sellers authorise us, and authorised agents, to verify their information (including any updated information) by accessing public records and obtaining credit reports about the sellers in order to approve a payment account. Sellers also authorise Emporella to verify the sellers’ information from time to time while the sellers are using Emporella Payments. Emporella verifies sellers’ information in order to safeguard the integrity of the marketplace and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions. 

 

Payment accounts are only available to individuals who are eligible to be sellers on Emporella’s services and who have a valid credit or debit card on file with Emporella to process their monthly fee unless they are exempt from this requirement.

 

  1. Disputes. Sellers agree to resolve any disputes directly with a buyer or with the assistance of the dispute management and refund tools available on Emporella. In the event that a dispute is escalated to Emporella’s Support Team, Emporella reserves the right to issue a refund to a buyer if a transaction is found to be in violation of Emporella’s Seller Policy and Terms of Use.

 

In the event that a buyer submits a chargeback, Emporella will respond to the credit card networks on behalf of the seller involved in the transaction; the seller agrees to provide any requested information to us within five calendar days of the request. Emporella reserves the right to recoup funds associated with buyer chargebacks.

 

  1. Communications. We will inform sellers of each transaction, or of other information pertaining to Emporella Payments, using our standard communication procedures, including by email. 

 

  1. Refunds. Refunds or adjustments paid by Emporella to buyers for payments made through Emporella Payments may be initiated using the refund functionality in the seller's payment account. Any such funds paid by Emporella to cover refunds will be deducted from the seller’s payment account balance. If there are insufficient funds to cover the amount of the refund, the balance will be charged to the seller’s credit card or added to the seller’s Emporella bill.

 

Fees

Emporella uses two payment gateways Stripe Connect & Paypal, each supplier is responsible for their own accounts, you can view how to set this up in our user guide. Please refer to the updated documents from merchant suppliers for detailed information:

https://stripe.com/docs/connect/charges

https://www.paypal.com/uk/webapps/mpp/paypal-fees

 

Supplier fees are set with each supplier individually and is at the discretion of Emporella. Suppliers payments to Emporella are set upon application, please review our terms and conditions to make sure you have read and understood the payment gateways fees as these are paid by the supplier. Emporella has the right to cancel any suppliers plans and will put it in writing. The supplier can cancel their account at any time without notice or paying a fee.

6) SHIPPING

 

Sellers are responsible for shipping their sold items to buyers. If you're using a shipping or fulfilment service, please keep in mind that you are ultimately responsible for making sure that your buyers receive the item(s) they purchased from your shop. 

By selling on Emporella, you agree to: 

  1. Provide an accurate "ships from" address.
  2. Specify your shipping costs and processing times in your listings.
  3. Ship items promptly after they are sold. Prompt shipping means that you ship each item within 30 days of purchase unless you specify otherwise in your processing time or agree to a different shipping period with the buyer through Conversations.
  4. Comply with all local and international shipping and customs regulations. We know that shipping and customs regulations can be tough to read, so check out these Help articles on international shipping
  5. Shipping to the wrong address is likely to result in a non-delivery case, so make sure to ship to the address listed on Emporella. 
  6. Charge an appropriate amount for shipping. 

 

By entering tracking information on Emporella, you're giving us permission to collect and share the tracking information received from your chosen shipping carrier with the buyer.

 

Fees

The cost of a shipping label will depend on the origin, destination, weight and dimensions of the package. If you add signature confirmation or insurance, those fees will be added to the total cost of the label at the point of purchase. 

7) SELLER PROTECTION POLICY

 

Seller Eligibility Requirements

Eligible sellers are automatically enrolled in Seller Protection -- there is no application process. Here's what you need to do to make sure your shop is covered:

  1. Keep your shop in good standing (that means you're not violating any of Emporella's policies).
  2. Fill out all of your Shop Policies (it's especially important to have policies for returns, exchanges, and custom orders). This should go without saying, but your Shop Policies have to comply with Emporella's policies, as well as your local laws.
  3. Use accurate photographs and descriptions when you list items. Nobody likes buying one thing and receiving something else!
  4. Include reasonable and accurate processing times or ship-by dates (because getting a birthday gift a week late isn't great). 
  5. Cooperate with investigations conducted by Emporella. Promptly provide any information requested by Emporella, and cancel and refund any transactions deemed invalid or unauthorised by Emporella.

 

Order Eligibility Requirements

Follow these steps to make sure Emporella’s Seller Protection covers your orders:

  1. Ship your order according to the processing time or ship-by date you listed or as agreed upon through Emporella Conversations.
  2. Ship the order to the address provided on Emporella. If your buyer provides an alternate shipping address through Conversations, be mindful of fraud or scams. You may choose to cancel and refund the order and ask the buyer to purchase the item again with the corrected shipping address.
  3. Mark the order as shipped after you send it out. 
  4. Provide valid proof of shipping. Valid proof can include a shipping or tracking number that shows the order route and delivery progress.
  5. Use Emporella Payments to receive payment for the order.

 

Seller Protection Benefits

If your shop and the order in question satisfy the eligibility requirements, Emporella will try to help you resolve Non-Delivery cases, not as described cases, and chargebacks. We may have to request additional information from you. For Non-Delivery or Not as Described cases, we'll need you to respond to our enquiries within 7 calendar days. If a chargeback is filed against you, we'll need you to respond to any inquiries from Emporella as soon as possible, and no later than 5 calendar days. If you don't give us the necessary information in time, we may not be able to help resolve the dispute. Please keep in mind that we can't guarantee a resolution in your favour.


8) USER GENERATED CONTRIBUTIONS 

    

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

 

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

9) CONTRIBUTION LICENSE

 

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

 

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. 

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

10) SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

  

11) SITE MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

 

12) TERM AND TERMINATION

 

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

Sellers may terminate this contract and their acceptance of Emporella Payments at any time by adjusting the settings in their account with Emporella. Emporella may also terminate or suspend a seller’s use of Emporella Payments at any time.

Upon termination, any non-disputed available balance will be deposited into a seller’s bank account. Emporella reserves the right, upon the termination of access to Emporella Payments, to set off against any payments to be made to the seller, an amount determined by us to be adequate to cover any anticipated chargebacks, refunds, adjustments or other amounts that might be paid to buyers in connection with purchases from the seller's payment account for a prospective 180-day period. At the end of the 180-day period following termination, we will disburse to the seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from the seller via any of the means authorised in this Policy for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable


13) MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.  

 

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

14) GOVERNING LAW

 

These Terms shall be governed by and defined following the laws of the United Kingdom. Emporella and yourself irrevocably consent that the courts of the United Kingdom shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

15) DISPUTE RESOLUTION

      

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

      

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

16) CORRECTIONS

 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

17) DISCLAIMER

 

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

18) LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR SUPPLIER. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

19) INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20) USER DATA

 

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

Emporella reserves the right to be able to use our suppliers details and images once they have been published on Emporella, this is solely for marketing purposes. Emporella will communicate with suppliers if they would like to produce an article specially for that supplier, this is where Emporella will need more information from the supplier, the supplier may/may not provide more information and imagery to use within Emporella’s blog, newsletters and social media platforms.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

21) ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

22) MISCELLANEOUS

 

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

CONTACT US 

 

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at: 

 

[email protected]