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1. These Terms and Conditions apply to the Agreement between us pursuant to which we, Istylista Ltd (“the Company”) agree to provide services, assistance, information and recommendations to you (the “Client”) either directly or by introducing you to a third party supplier. By requesting the Services on-line the Client will be deemed to have accepted these Terms and Conditions.
DEFINITIONS:-
“Associates” Employees, subcontractors or agents acting for either the Company or a Third Party Supplier
“Charges” The price (if any) for the level of Service selected by the Client as set out on the Company’s Website from time to time
“Client” You, the person, firm, company or organisation requesting the Services
“Company” Istylista Ltd, Company Number 06257748, having its registered office at Stronsay, Tilford Road, Hindhead, Surrey, GU26 6UG.
“Contract” The Order for Services made by the Client by clicking the appropriate acceptance box on the [Company’s Website] and these Terms shall together constitute the Contract between the Company and Client
“Report” A report generated on-line pursuant to the responses given to the on-line questionnaire to be completed by the Client
“Services” All services or information provided by the Company to the Client as advertised on the Company’s Website requested by the Client on-line as set out more fully in these terms
“Terms and Conditions” These terms herein
3.1 The Company is in the business of providing the following services:
3.1.1 providing personalised reports for Clients’ covering colours, fashion styles, features, looks etc, such reports being generated by responses to questionnaires completed by the Client;
3.1.2 providing information and assistance relating to the Services including fashion ideas and places and designer names and labels to buy; providing recommendations, links and contacts with fashion houses and retailers.
4.1 The Company provides all information, the Services and recommendations on-line. The Client is invited to select one of currently 3 service levels, resulting in 3 different levels of Report. Payment, if applicable, is made on-line at the time of ordering the Report.
4.2 Submission of the completed questionnaire prompting the production of the Report will entitle the Client to the allocation of a user name and password, in turn enabling the Client to enter her own dedicated page which shall contain the Report and any other information relevant to that Client.
4.3 The Company shall provide all Services using all reasonable skill and care.
4.4 The Company reserves the right to refuse to provide any services or information which, in its reasonable opinion, it is inappropriate to provide.
4.5 The Company shall use its best endeavours to ensure that each Client’s dedicated page shall be secure and only accessible by the Client using its own user word and password, but shall not be liable for any default in such security.
5.1 The Client shall make any necessary payment on-line at the time of ordering the level of Services.
5.2 The Client acknowledges that the Company shall have no liability or responsibility whatsoever in respect of any payment made under the Client’s credit card facility or any other payment facility provided to the Company under authorisation of the Client.
5.3 It shall be the sole responsibility of the Client to maintain the security of their data, password and user name.
6.1 The Company shall not be liable for any costs, losses or damages allegedly suffered by the Client in any circumstances, including indirect loss.
6.2 In particular, notwithstanding the generality of 6.1 above, the Company shall not be liable for refund of fees paid or in any other way liable for the contents of the Report and there can be no damages flowing from any information provided to the Client.
6.3 In the event the Client requests or receives suggestions of items to purchase from particular rretailers or outlets or general advice, recommendations or views on appearance and features, the Company specifically excludes all liability flowing from the provision of any such information and makes no guarantee as to the availability or suitability of such information. All information is given by way of personal recommendation and suggestion and the Client fully accepts that this is the basis upon which Services are given.
Any complaint about the way in which the Company has handled a Client’s request for Services or conducted itself should be addressed to a Director of the Company.
8.1 The Client may de-register and thereby cancel their connection with the Company either via on-line or by e-mail.
8.2 The Company shall re-register the Client 24 hours after receiving such de-registration is permanent.
9.1 Both the Client and the Company shall, save to the extent that disclosure might be required by law, keep confidential to themselves all information about the other and shall not disclose any information which they learn about the other party.
9.2 Under the Data Protection Act 1984, the Client shall be entitled upon request to view any personal records held by the Company relating to her and upon payment of a reasonable administration fee if requested by the Company. The Client acknowledges that reasonable personal data concerning it may be maintained by the Company and the Company in its turn agrees to abide by regulations under the Data Protection Act in connection with the maintenance of such records.
10.1 These Terms and the On-line registration by the Client and request for services constitute the entire agreement between the parties and supersede any previous agreement or understanding.
10.2 Any notice required to be given by one party to the other may be sent by the e-mail address given by each.
10.3 No failure or delay by the Company in exercising any of its rights under these Terms shall be deemed a waiver of that right. No waiver by the Company of any breach shall be considered a waiver of any subsequent breach.
10.4 If any provisions of these Terms are unenforceable, such provision shall be severed and the remainder of the provisions shall remain in full force and effect.
10.5 These Terms shall be construed in accordance with English Law and the parties submit to the non-exclusive jurisdiction of the English Courts.
10.6 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
10.7 The Company may assign its rights and obligations under these Terms and in particular may use the services of associates, but the Client may not assign its rights or obligations under this agreement without the express written consent of the Company.
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