Website terms of use

Welcome to our website. This website is operated by Jim's Bricks Ltd (“Jim’s Bricks”). Throughout the website, the terms “we”, “us” and “our” refer to Jim's Bricks. Jim's Bricks offers this website, including all information, tools and services available from this website to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.

1. THESE TERMS

1.1 These are the terms and conditions on which we allow you to access and use our website jimsbricks.co.uk. ("Terms")

1.2 Please read these Terms carefully before accessing or using our website. By accessing, viewing, or using the content, material, products, or services available on or through the website and/or purchasing something from us and/or creating an account, you agree to be bound in full by these Terms.

1.3 These Terms also include any additional terms and conditions and policies referenced within and/or available by hyperlink and/or otherwise notified to you.

1.4 These Terms apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

1.5 If you do not agree to all the Terms, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

1.6 You acknowledge that you have all the necessary rights, power and authority to enter into the Terms and perform the obligations in them.

1.7 Any new features or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace at any time any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1.8 Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. We use Rechargepayments.com for our subscription service and Stripe as our payments processor.

1.9 The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

1.10 The Terms are only available in English. No other languages will apply to our contract.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Jim’s Bricks Ltd a company registered in England and Wales. Our company registration number is 12279290 and our registered office is at Vicarage Court, 160 Ermin Street, Swindon, SN3 4NE. Jim’s Bricks is a provider of shampoo and shower bars for men (and related products). We offer one off purchases and an ongoing subscription service for repeated supply of these products through our website www.jimsbricks.co.uk.

2.2 How to contact us. You can contact us by email at office.jimsbricks@gmail.com. This email address is monitored during standard working hours and we will get back to you as soon as we can during those hours.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. CHANGES TO TERMS

3.1 We may revise any of these Terms at any time to reflect changes in or to:

(a) our products and services;

(b) relevant laws or regulatory requirements;

(d) security, technical or operational issues.

3.2 If we change any Terms, we may notify you on the website. If we have your e-mail address, we may also decide to e-mail you with information on those changes.

4. REGISTRATION

4.1 In order to access certain content, material, products or services on the website, you may be asked or given the option to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Jim’s Bricks will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

4.2 Additional information may be collected by Jim’s Bricks or its third-party providers for security and anti-fraud purposes. You confirm that the personal information you provide to us via the website is true, valid, complete and up-to-date in all respects. Should any of the information you provide on the website change, you agree to log in to your account and update such information directly on the website.

4.3 Our privacy policy explains what personal information we collect, why we collect it, how we use it and the controls you have over your personal information. Your submission of personal information through the store is governed by this policy. If you have any questions about how we use your personal data please contact us at office.jimbricks@gmail.com.

5. AUTHORISED USE OF WEBSITE

5.1 By agreeing to these Terms, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given your consent to allow any of your minor dependents to use this website.

5.2 Whilst you are welcome to browse our website, please be aware that we only accept orders from and deliver within the United Kingdom.

5.3 Access to the website is free of charge. It is your responsibility to make any and all arrangements necessary in order to access our website.

5.4 You agree to use this website only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the website for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purpose.

5.5 You will not (and will not attempt to whether directly or through any third party):

(a) access the website by any means other than through the interface that is provided by Jim’s Bricks;

(b) use the website, its content or products for any illegal or unauthorised purpose;

(c) gain unauthorised access to Jim’s Bricks’ computer system or engage in any activity that interferes with the performance of, or impairs or circumvents the functionality or security of the website, Jim’s Bricks’ networks and computer systems, any related website, other websites or the Internet;

(d) upload or transmit any worms or viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet;

(e) access the website through any automated means or with any automated features or devices (including use of scripts or web crawlers) or otherwise to spam, phish, pharm, pretext, spider, crawl, or scrape;

(f) access, collect or track any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;

(g) reproduce, duplicate, copy, sell, trade, or resell any aspect of the website for any purpose;

(h) reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Jim’s Bricks in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos or otherwise violate any intellectual property laws;

(i) use our website, its contents or our products to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(j) to submit false or misleading information; or

(k) for any obscene or immoral purpose.

6. CONTENT

6.1 As between you and Jim’s Bricks, Jim’s Bricks owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyright, trademarks, service marks, trade dress, and other intellectual property rights associated with them, in or made available through the website (“Website Content”), as well as the selection, coordination, arrangement, and organisation and enhancement of the Website Content. All Website Content is protected by intellectual property laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Website Content.

6.2 As between you and Jim’s Bricks, all names, trademarks, symbols, slogans, or logos appearing on the website are proprietary to Jim’s Bricks or its affiliates, licensors, or suppliers. Use or misuse of these is expressly prohibited and may violate intellectual property law. Under no circumstances will you have any rights of any kind in or to the Website Content, other than the right to use the Website Content in accordance with these Terms.

6.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, use of the website, or access to the website without express written permission by us.

7. ERRORS, INACCURACY AND OMISSIONS

7.1 Occasionally there may be information on the website that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions on the website at any time without prior notice. Whilst we make every effort to keep all the information contained on our website up to date, we are not responsible if information made available on this website is not accurate, complete or current, including without limitation, pricing information, except as required by law. Please see the Sale and Purchase Terms regarding the process for placing an order and what we will do if we discover there has been an error in pricing information.

7.2 No specified update or refresh date applied on the website or on any related website, should be taken to indicate that all information on the website or on any related website has been modified or updated.

7.3 This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

8. OPTIONAL TOOLS

8.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

8.2 Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

8.3 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

9. THIRD PARTY LINKS

9.1 Certain content, products and services available via our website may include materials from third-parties.

9.2 Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

9.3 We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. These websites may set cookies on your browser and may collect personally identifiable information about you and make use of that data in ways that this website would not. Jim’s Bricks encourages you to read the terms, privacy policy and cookies policy of any third party website. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

10.1 If:

(a) at our request, you send certain specific submissions (for example contest entries);

(b) without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise; or

(c) certain features of our website allow you to contribute feedback and other information to the website for access, use, viewing and commentary by other users of the website

(together “User Generated Content”)

you agree that we may, at any time, without restriction, edit, copy, reproduce, display, publish, distribute, translate, create derivative works based upon, sublicence and otherwise use in any medium and in any part of the world any User Generated Content that you forward to us.

10.2 We are and shall be under no obligation to:

(a) maintain any User Generated Content in confidence;

(b) pay compensation for any User Generated Content; or

10.3 You agree and confirm that you have the full legal right to any User Generated Content that you provide and that the use of any such User Generated Content by Jim’s Bricks will not:

(a) infringe any right of any third-party, including copyright, trademark, privacy, personality, publicity or other personal or proprietary right, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person;

(b) breach any law or agreement;

10.4 You further agree that any User Generated Content by you will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website.

10.5 We may, but have no obligation to, monitor, edit or remove User Generated Content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or infringes any party’s intellectual property or these Terms.

10.6 You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

11. TERMINATION OF USE

11.1 These Terms are effective unless and until terminated by either you or us. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

11.2 You may terminate these Terms at any time by notifying us that you no longer wish to use the website or when you cease using the website.

11.3 We may terminate your use of the website or any related website for any breach or violation of any of these Terms.

12. DISCLAIMERS AND WARRANTIES

12.1 Except where due to our breach of these Terms or failure to use reasonable skill and care, we do not promise, guarantee, represent or warrant:

(a) that the website, Website Content, products, advice, information or links provided on the website will meet your requirements;

(b) that the website will be uninterrupted, timely, secure or free from error or that any errors will be corrected;

(c) that defects in the operation or functionality of any software provided to you as part of the website will be corrected; and

(d) in regards to any advice, information or links provided by any third parties or users in the Website Content.

12.2 You agree and confirm that you understand that the technical processing and transmission of any Website Content and User Generated Content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Please be advised that we do not guarantee that any information sent to or from our website will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the website or the internet, including, for example, personal information such as your name or address. Except where this is due to our breach of these Terms of Use or failure to use reasonable skill and care, Jim’s Bricks assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or the website, including any injury or damage to you or to any person’s computer related to or resulting from use of the website.

12.3 If a fault or error does occur during your use of the website, please report it to us.

12.4 From time to time we may remove the website service for indefinite periods of time or cancel the website service at any time, without notice to you. If you visit our website and it is temporarily unavailable (less than 24 continuous hours) the terms as set out in these Terms regarding cancellation and time periods continue to apply.

12.5 You expressly agree that your use of, or inability to use, the website service is at your sole risk.

13. LIMITATION OF LIABILITY

13.1 Nothing in these Terms of Use excludes or limits Jim’s Bricks’ liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

13.2 If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Terms of Use.

13.3 We only supply the website for domestic or private use. You agree not to use the website for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity.

13.4 If, contrary to clause 13.3, you are a business, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with these Terms of Use for:

(a) any loss of profits, sales, business or revenue;

(b) business interruption;

(d) loss of anticipated savings;

(e) loss of business opportunity, goodwill or reputation; or

(f) any indirect or consequential loss or damage.

14. NO WAIVER AND ENTIRE AGREEMENT

14.1 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations or prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.2 If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.3 These Terms and any policies or operating rules posted by us on this website or notified to you constitutes the entire agreement and understanding between you and us and govern your use of the website and your purchase of our products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

15. GOVERNING LAW

15.1 These Terms are governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction, save that if you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

16. HOW WE MAY USE YOUR PERSONAL INFORMATION

16.1 We will only use your personal information as set out in our privacy policy. Our privacy policy explains what personal information we collect, why we collect it, how we use it, the controls you have over your personal information how your privacy is protected. If you have any queries about how we use your personal data please contact office.jimsbricks@gmail.com.

17. EVENTS OUTSIDE OUR CONTROL

17.1 We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under these Terms or any contract that is caused by an event outside our control. An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.

17.2 If an event outside our control takes place that affects the performance of our obligations under a contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over.

18. SEVERABILITY

18.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.

18.2 Any such determination shall not affect the validity and enforceability of any other remaining provisions. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

19. INDEMNIFICATION

19.1 You agree to indemnify, defend and hold harmless Jim's Bricks and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

20. OTHER TERMS

20.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

20.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

20.3 These Terms apply between you and us. No other person shall have any rights to enforce any of these Terms. Neither of us will need to get the agreement of any other person in order to terminate our dealings or make any changes to these Terms.

These Terms are current as at 9 March 2021