BACKGROUND
We are bringing to you an exciting new immersive and interactive shopping experience and we have detailed below our terms and conditions.
We define certain terms and words in thesis Terms and Conditions and they are identified with a Capital letter, which gives them a specific meaning. Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined, some are in brackets and/or speech marks.
We, along with certain of our affiliates, provide the services through the website. Further details of the services we provide are set out below. When you purchase products using the website, you are purchasing them from the third-party retailers ("Partner(s)"). It is important that you understand that the contract for the purchase of the products is between you and the relevant Partner. You are not purchasing the products from us. We are authorised by the relevant Partners to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us. or through us as your agent.
HOW DOES IT WORK?
The Services we offer allow you to search through each department of the website using a visual tour and try on the products (virtually) and then purchase products from a large number of Partner boutiques from around the world.
We also provide some ancillary services such as arranging delivery of the products and providing you with customer service assistance. As stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the products to you. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with us is concluded once the products have been delivered to you by the courier or have been collected by you from a Partner.
The products ONEWAYX attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact us on email address here if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer's display of the images accurately reflects the true colour of the products. All products available are first quality and there are no second quality or flawed sold on the site.
1. OVERVIEW
These Terms and Conditions (this “Agreement”) is entered into by and between Meta Experience Company Ltd, registered number 14150721, registered address 3rd Floor 86-90 Paul Street, London, EC2A 4NE (“ONEWAYX”) and you, and is made effective as of the date of your use of this website (“Site”) or the creation of an account with ONEWAYX and you expressly agree to these terms.
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This Agreement sets forth the general terms and conditions of your use of the Site and the products purchased or services supplied or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular products and services supplied through our site.
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Whether you are simply browsing or using this Site or purchase products, your use of this Site and you are deemed to have read and accepted this Agreement and that you understand, acknowledge and agree to be bound by this Agreement, along with the following policies, including Privacy Policy, Cookie Policy and any other terms which are made available on the website and any applicable product agreements, including any manufacturers or suppliers warranty or guarantee, which are incorporated herein by reference:
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The terms “we”, “us” or “our” shall refer to ONEWAYX. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the products or Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
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ONEWAYX may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.
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Your use of this Site or the products and services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the products or Services offer and available through it.
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In addition, ONEWAYX may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. ONEWAYX assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. ELIGIBILITY; AUTHORITY
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This Site and the products or Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the products or Services, you represent and warrant that you are (i) at least eighteen (16) years of age, (ii) otherwise recognised as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of England and Wales.
3. ACCOUNTS; TRANSFER OF DATA ABROAD
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Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account.
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You represent and warrant to ONEWAYX that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.
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If ONEWAYX has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, ONEWAYX reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.
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You are solely responsible for the activity that occurs on your Account, whether authorised by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). For security purposes, ONEWAYX recommends that you change your password at least once every six (6) months for each Account.
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You must notify ONEWAYX immediately of any breach of security or unauthorised use of your Account.
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ONEWAYX will not be liable for any loss you incur due to any unauthorised use of your Account. You, however, may be liable for any loss ONEWAYX or others incur caused by your Account, whether caused by you, or by an authorised person, or by an unauthorised person.
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Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, which is within the UK/EU, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
4. AVAILABILITY OF WEBSITE/SERVICES
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Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the products or Services on a twenty-four (24) hours a day, seven (7) days a week basis.
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You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
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You acknowledge and agree that we have no control over the availability of this Site or the products or Services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. From time to time, ONEWAYX may offer new products or Services
5. GENERAL RULES OF CONDUCT
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You acknowledge and agree that:
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Your use of this Site and the products or Services, including any content you submit to our community chat facility, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations;
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You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
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You will not use this Site or the products or Services in a manner (as determined by ONEWAYX in its sole and absolute discretion) that:
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is illegal, or promotes or encourages illegal activity;
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promotes, encourages or engages in child pornography or the exploitation of children;
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promotes, encourages or engages in terrorism, violence against people, animals, or property;
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promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
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promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
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infringes on the intellectual property rights of another User or any other person or entity;
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violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
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interferes with the operation of this Site or the Services found at this Site;
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contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging or limiting the functionality of any software or hardware; or
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contains false or deceptive language, or unsubstantiated or comparative claims, regarding ONEWAYX or ONEWAYX’s Services.
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You will not copy or distribute in any medium any part of this Site or the products or Services, except where expressly authorised by ONEWAYX.
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You will not modify or alter any part of this Site or the products or Services found at this Site or any of its related technologies.
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You will not access ONEWAYX’s content (as defined below) or user content through any technology or means other than through this Site itself, or as ONEWAYX may designate.
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You agree to back-up all of your user content so that you can access and use it when needed. ONEWAYX does not warrant that it backs-up any account or user content information, and you agree to accept as a risk the loss of any and all of your user content.
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You will not re-sell or provide the products or Services for a commercial purpose, including any of ONEWAYX’s related technologies, without ONEWAYX's express prior written consent.
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You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity if requested, this may be required for ONEWAYX to fulfil its “Know Your Customer” and Anti Money Laundering” responsibilities.
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You are aware that ONEWAYX may from time-to-time contact you about your account. You will be informed about such recording, purposes thereof, as well as any other information will be provided to you as required by applicable law. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding, in which ONEWAYX is a party.
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ONEWAYX reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
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6. YOUR USE OF ONEWAYX CONTENT AND USER CONTENT
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In addition to the general rules above, the provisions in this Section apply specifically to your use of ONEWAYX content and User Content posted to ONEWAYX’s website (i.e., those sites which ONEWAYX directly controls or maintains).
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The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
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ONEWAYX Content. Except for user content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“ONEWAYX Content”), are owned by or licensed to ONEWAYX in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United Kingdom and foreign countries, and other intellectual property rights under UK and foreign laws.
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ONEWAYX Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of ONEWAYX. 6.5 No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. ONEWAYX reserves all rights not expressly granted in and to the ONEWAYX Content, this Site and the products or Services, and this Agreement do not transfer ownership of any of these rights.
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User Content. Some of the features of this Site or the products or Services may allow Users to view, post, publish, share, store, or manage;
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ideas, opinions, recommendations, or advice (“User Submissions”); or
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literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).
6. User Content includes all content submitted through your Account.
7. By posting or publishing User Content to this Site or to the Services, you represent and warrant to ONEWAYX that;
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you have all necessary rights to distribute User Content via this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content; and 6.8 2 the User Content does not violate the rights of any third party Security.
8. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any ONEWAYX Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the ONEWAYX Content or the User Content therein.
7. ONEWAYX USE OF USER CONTENT
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The provisions in this Section apply specifically to ONEWAYX’s use of User Content posted to ONEWAYX’s corporate websites (i.e., those sites which ONEWAYX directly controls or maintains).
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The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
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Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
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With Respect to User Submissions. You acknowledge and agree that:
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Your User Submissions are entirely voluntary; Your User Submissions do not establish a confidential relationship or obligate ONEWAYX to treat your User Submissions as confidential or secret;
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ONEWAYX has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions;
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ONEWAYX may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.
5. ONEWAYX shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else. With Respect to User Content (Other Than User Submissions).
6. By posting or publishing User Content to this Site or through the Services, you authorise ONEWAYX to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.
7. You hereby grant ONEWAYX a worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and ONEWAYX’s (and ONEWAYX’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.
8. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site.
9. You understand and agree, however, that ONEWAYX may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted.
10. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, ONEWAYX shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or ONEWAYX’s (or ONEWAYX’s affiliates’) business(es).
8. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
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ONEWAYX generally does not pre-screen User Content (whether posted to a website hosted by ONEWAYX or posted to this Site).
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However, ONEWAYX reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement.
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ONEWAYX may remove any item of User Content and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by ONEWAYX in its sole and absolute discretion), at any time and without prior notice.
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ONEWAYX may also terminate a User’s access to this Site or the Services found at this Site if ONEWAYX has reason to believe the User is a repeat offender.
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If ONEWAYX terminates your access to this Site or the Services found at this Site, ONEWAYX may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
9. ADDITIONAL RESERVATION OF RIGHTS
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ONEWAYX expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by ONEWAYX in its sole and absolute discretion), including but not limited to the following:
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to correct mistakes made by ONEWAYX in offering or delivering any Services;
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to protect the integrity and stability of, and correct mistakes made;
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to assist with our fraud and abuse detection and prevention efforts;
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to comply with court orders against you;
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to comply with requests of law enforcement, including subpoena requests;
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to comply with any dispute resolution process;
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to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; or
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to avoid any civil or criminal liability on the part of ONEWAYX, its officers, directors, employees and agents, as well as ONEWAYX’s affiliates, including, but not limited to, instances where you have sued or threatened to sue ONEWAYX.
2. ONEWAYX expressly reserves the right to terminate, without notice to you, any and all Services where, in ONEWAYX's sole discretion, you are harassing or threatening ONEWAYX/or any of ONEWAYX's employees.
10. NO SPAM; LIQUIDATED DAMAGES
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No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
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We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
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Email Messages, Newsgroup postings, Windows system messages, Pop-up messages (aka "adware" or "spyware" messages), Instant messages (using AOL, MSN, Yahoo or other instant messenger programs), Online chat room advertisements, Guestbook or Website Forum postings, Facsimile Solicitations or Text/SMS Messages.
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We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations but you must also abide by this no spam policy.
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Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages.
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They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax.
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Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
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If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services until customer responds.
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The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the email in question.
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We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported to policy@onewayx.com
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Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
11. TRADEMARK AND/OR COPYRIGHT CLAIMS
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ONEWAYX supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to ONEWAYX’s Trademark and/or Copyright Infringement Policy referenced above and available here.
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ONEWAYX will report and supply information to any of our suppliers who provide their products and Services to our side, who have their Intellectual property Rights infringes for breached by any customer using the ONEWAYX site.
12. LINKS TO THIRD-PARTY WEBSITES
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This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by ONEWAYX.
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ONEWAYX assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites.
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In addition, ONEWAYX does not censor or edit the content of any third-party websites.
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By using this Site or the Services found at this Site, you expressly release ONEWAYX from any and all liability arising from your use of any third-party website. Accordingly, ONEWAYX encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
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You expressly acknowledge and agree that your use of this site and the products and Services it supplied, found at this site, shall be at your own risk and that this site and the products and services found at this site are provided on an “As is”, “As available” and “With Faults”.
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ONEWAYX, its officers, directors, employees, agents and all third party service providers disclaim all warranties, statutory, express or implied including, but not limited to, any implied warranties of title, merchantability, witness for any particular purposed non-infringement.
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ONEWAYX, its officers, directors, employees and agents make no representations or warranties about;
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The accuracy, completeness or content of this site;
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The accuracy, completeness or content of any sites linked (through hyperlink, banner advertising, or otherwise) to this site, and/or
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The services found at this site or any sites linked (through hyperlinks, banners banner advertising or otherwise) to this site and ONEWAYX assumes no liability or responsibility for the same.
4. You expressly acknowledge and agreed that no oral or written information or advice provided by ONEWAYX, its officers, directors, employees or agents (including without limitation any customer service representatives), and any third party service providers will;
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constitute legal or financial advice;
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create a warranty of any kind with respect to this site or the products and services found at this sited users should not rely on any such information or advice.
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This disclaimer of representations and warranties shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this Agreement or your use of this Site or the products and Services found at this Site.
14. LIMITATION OF LIABILITY
No officers, directors, employees and agents and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever, including any that may result from;
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the accuracy, inaccuracy, completeness or content of this site;
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the accuracy, inaccuracy, completeness or content of any site linked (through hyperlinks, banners banner advertising or otherwise) to this site;
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the products or services found at this site of any site linked (through hyperlinks, banners banner advertising or otherwise) to this site;
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personal injury or property damages of any nature whatsoever;
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third party conduct of any nature whatsoever;
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any unauthorised access to or use of our servers and/or any and all content, personal information, financial information, or other information and data stored therein;
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any interruption or cessation of services to or from this site or any sites link (through hyperlinks, banners banner advertising or otherwise) to this site;
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any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites (through hyperlinks, banners banner advertising or otherwise) to this site;
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any user content or content that is defamatory, harassing, abusive, harmful to monies or any protected class, pornographic, “X-rated”, obscene or otherwise objectionable; and/or
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any loss or damage or any kind incurred as a result of your use of this site or the products and services found at this site, whether based on warranty, contract, tort or any other legal or equitable theory and whether or not ONEWAYX is advised of the possibility of such damages.
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In addition You expressly acknowledge and agree that any cause of action arising out of or related to this Site or the products and Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
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In addition, You expressly acknowledge and agree that in no event shall ONEWAYX’s total aggregate liability shall exceed £100.00.
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The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this Agreement or your use of this Site or the products and Services found at this Site.
15. INDEMNITY
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You agree to protect, defend, indemnify and hold harmless ONEWAYX and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable legal’ fees) imposed upon or incurred by ONEWAYX directly or indirectly arising from (i) your use of and access to this Site or the products and Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.
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The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
16. DISCONTINUED SERVICES
ONEWAYX reserves the right to cease offering or providing any of the products or Services at any time, for any or no reason, and without prior notice.
17. FEES AND PAYMENTS
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You acknowledge and agree that your Payment Method will be charged and processed by Meta Experience Company Limited, or is payment service provider;
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GENERAL TERMS
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You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services;
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All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below.
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ONEWAYX expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.
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Except as prohibited in any product-specific agreement, you may pay for Services by utilising any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) by using PayPal (as defined below), each a “Payment Method”.
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Confirmation of that order will be sent to the email address on file for your Account. If you leave Your Payment Method on file it must be kept valid and updated from time to time.
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You acknowledge and agree that where refunds are issued to your Payment Method, ONEWAYX's issuance of a refund receipt is only confirmation that ONEWAYX has submitted your refund to the Payment Method charged at the time of the original sale, and that ONEWAYX has absolutely no control over when the refund will be applied towards your Payment Method’s available balance.
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You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.
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In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then ONEWAYX, ihas no liability in respect of any non repaid re-funds.
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You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and ONEWAYX shall not be liable to you or any third party regarding the same.
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Refund Policy: Products and Services available for refunds are described here (“Refund Policy”).
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For products and services eligible for a refund, you may request a full refund within fourteen (14) days of purchase (“Refund Period”), please know and understand you consumer rights under the Consumer Rights Act 2013. Goods may be returned providing they are in their original packaging and in the same condition as when purchased. As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights. The products sold by the Partners are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. Neither we nor the Partners have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
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REFUNDS AND RETURNS
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The User must refer to the Refunds and Returns policy of the Product or Services supplied, each Product or Service Provider displays their Returns and Refund policy on each offer made available through the site to the User.
18. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
19. NO THIRD-PARTY BENEFICIARIES
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Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. The Contract (Rights of Third Parties) Act 1999 does not apply.
20. COMPLIANCE WITH LOCAL LAWS
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ONEWAYX makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
21. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVER-ABILITY
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The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilised in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
22. CONTACT INFORMATION
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If you have any questions about this Agreement, please contact us by email or regular mail at the following address: Meta Experience Company Limited, registered address 86-90 Paul Street, London, EC2A 4NE and hello@onewayx.com
23. DISPUTE RESOLUTION
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If a dispute arises in relation to this Contract, the parties will attempt to settle it by negotiation between their respective authorised representatives. If the Parties have not settled the dispute by the means of negotiations, within 14 (fourteen) days the Parties agree that any dispute, claim or controversy arising out of or in connection with this contract or breach, termination, enforcement, interpretation, or validity thereof, or use of the Services (Collectively “Disputes”) shall be submitted to arbitration and will be settled, by arbitration, such settlement shall be binding upon each party. If the Parties do not agree upon an Arbitrator, either Party may request a nomination from an independent Arbitration Service, such as CEDR. It is agreed that both Parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of that Parties rights.
24. NOTICES
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All notices, requests, demands and other communications hereunder must be in writing and will be deemed given (a) if delivered personally, on the date given, (b) if sent by facsimile transmission, on the in writing and date transmitted if the transmission is confirmed in good order by the transmitting machine, (c) if delivered by a courier express delivery service, on the date of delivery; (d) if by certified or registered mail, postage prepaid, return receipt requested; (e) confirmed email delivery, three (3) days after mailing, (in each case) to the applicable party at the addresses in the introductory paragraph of this Agreement, or at such other addresses as such party may designate by written notice in the manner aforesaid given at least thirty (30) days prior to the effective date of such change.
25. SURVIVAL
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Any clause which by its content is intended to survive termination of this Agreement, shall do so, howsoever this Agreement is terminated.
26. GENERAL TERMS
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ENTIRE AGREEMENT -This entire Agreement and any other terms referred to within it contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by ONEWAYX.
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ASSIGNMENT - This Agreement shall be binding upon and inure to the benefit of Assemble You and ONEWAYX. The Affiliate may not assign or transfer, by operation of law or otherwise, any of its rights under this Agreement to any third party, or transfer any of the license rights granted hereunder, without the prior written consent of ONEWAYX.
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Any attempted assignment or transfer in violation of the foregoing will be void.
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ONEWAYX may freely assign this Agreement, or subcontract or otherwise delegate its obligations hereunder, in whole or in part, to any third party, provided that such third party assignee agrees in writing to be bound by the terms hereof.
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WAIVER - The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit or waive such Party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
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FORCE MAJEURE - ; ONEWAYX shall not bear any liability for any failure or delay in the performance of its obligations under this Contract if such delay or failure to perform is due to any Force Majeure, for the purpose of this Contract Force Majeure shall be defined as;
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any act, omissions, cause or circumstance beyond the reasonable control of ONEWAYX, this to include without any limitations; Acts of God, War, National Emergency, protests or rebellion, civil commotion, riots or strikes and any form of industrial dispute, ( whether or not involving either parties work force ), earthquake, flood, drought, epidemic, pandemic, fire, explosion, act of terrorism, or any other act ordered by any government, council or constituted body.
27. LAW AND JURISDICTION
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These Terms shall be governed and construed in accordance with the laws of England and Wales.
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These Terms and Conditions and any contract made in accordance with them will be subject to and construed in accordance with the Laws of England and Wales and any Party to them will submit to the exclusive Jurisdiction of the Courts of England and Wales.
Company Information - ONEWAYX LTD registered number 14150721, registered office 3rd Floor 86-90 Paul Street, London, EC2A 4NE.