TERMS AND CONDITIONS
OLLOUM is a trading name of The Love To Dress SDN BHD, a company incorporated in Malaysia under company number 1625923. Our registered address is Level 27, 28 Hennessy road, Wan Chai, MALAYSIA.
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address [email protected]. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify OLLOUM immediately of any breach of security or unauthorized use of your account.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the OLLOUM terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to OLLOUM, whose applications are acceptable to OLLOUM and who have authorised OLLOUM to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, OLLOUM reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where OLLOUM feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
OLLOUM offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our designer suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to OLLOUM. OLLOUM will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at OLLOUM. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
OLLOUM will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in AUD Dollars (AUD $), HK Dollars (HKD $) and US Dollars (USD $).
To ensure that the most accurate pricing, taxes and delivery costs are displayed, we recommend that you click on the link at the top of our website and select your country from the list of shipping destinations.
Taxes and duties are calculated according to your shipping destination and itemized on the Order Summary page. Please note taxes and duties are not applicable for Australian orders under 1000 AUD.
Most countries are shipped to on a DDP (Delivery Duty Paid) basis, which means that all relevant import taxes and duties will be included in the product price.
The following countries are shipped to on a DDP (Delivery Duty Paid) basis:
United Arab Emirates
If a DDU (Delivery Duty Unpaid) destination is selected, product prices displayed are exclusive of all taxes and duties. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Import duty or tax costs will be invoiced to you directly by DHL brokerage or an import broker appointed by you, and payment of these is necessary to release your order from customs on arrival. As we are unable to advise the amount this may be, we will always seek your confirmation by email prior to dispatching a DDU order. Please look out for this email to ensure timely dispatch of your order.
All prices and offers remain valid as advertised from time to time. The AUS Dollars, HK Dollars and US Dollars price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
From time to time, prices are subject to change in response to currency exchange rate changes,markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
If you are a customer whose credit/debit card is not denominated in AUS dollars, HK Dollars or US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
OLLOUM is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your OLLOUM account in the form of a store credit which will be valid for 12 months.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and OLLOUM you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of OLLOUM.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
Payment can be made by Visa, MasterCard, American Express, Maestro and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’. Once this transaction is complete, you will then return to OLLOUM. Payment will be debited and cleared from your account upon dispatch of your order by OLLOUM. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to OLLOUM, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Datacash, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered OLLOUM user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple, and secure, OLLOUM uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
Virtual Gift Cards are sold subject to the following terms and conditions:
Gift Cards are valid for 12 months from date of purchase.
Gift Cards can be redeemed against all products on the the www.net-a-porter.com APAC site.
Gift Cards are non-transferable, can only be used on the YOOX OLLOUM site for which they are issued and may not be returned or redeemed for cash.
If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance online via your My Account page.
If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page.
Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
Olloum is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
Olloum is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
Olloum reserves the right to cancel a Gift Card if we deem such action necessary.
Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free shipping codes which can be applied to Printed Gift Cards orders.
Sales tax and shipping is applicable on any products purchased with a Net-A-Porter Gift Card.
Shipping is applicable on Printed Gift Cards.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.
OLLOUM insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by OLLOUM, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Delivery times appearing on the Site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. OLLOUM is not responsible for any delays caused by destination customs clearance processes.
If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
RETURNING YOUR PURCHASE
Making a return for a refund, store credit, or exchange is easy using our free Returns service. You must request your exchange or return and send your unwanted items back to us within 28 days for a refund of the value of the item only, or an exchange on the same item in a different size, based on stock availability. For full details on how to return your purchase see our Exchanges & Returns policy.
Please note you can only exchange items for a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.
Shipping is complementary on the replacement item, but exchanges made to destinations outside of Hong Kong will be processed for customs clearance and therefore any relevant import duty and tax charges will apply. See costs for Shipping and Returns.
Items should be returned unused and with all OLLOUM and designer garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.
Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return.
Please email [email protected] if any of your purchases have been delivered without OLLOUM tags.
Please note that issues of OLLOUM purchased from OLLOUM are non-returnable.
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If your item is faulty when you receive it, you can return it for a refund. Simply request a return through your OLLOUM account and send the faulty goods back to us within 30 days of receiving your order.
If you discover a fault after this time, but within six months of purchase, you can still return it. Where possible, we will offer to repair the item. If it cannot be repaired and the same product is still available, we will send you a replacement. If the same product is no longer available, you are entitled to a full refund.
If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability.
We have made every effort to display as accurately as possible the colors of our products that appear on OLLOUM. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate.
During our sale clearance, products marked as Sale Must-Have cannot be returned or exchanged.
We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers, and continued returns will be flagged and potentially refused at our discretion or lead to the closure of your OLLOUM account.
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including OLLOUM Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by OLLOUM and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. OLLOUM tries to ensure that the information on this site is accurate and complete. OLLOUM does not promise that OLLOUM’s Content is accurate or error-free. OLLOUM does not promise that the functional aspects of the Site or OLLOUM’s Content will be error free or that this Site, OLLOUMContent or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Opinions expressed on OLLOUM TV are the personal opinions of the authors and do not reflect the views of OLLOUM. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to OLLOUM a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to72 hrs to be displayed but OLLOUM does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail [email protected] . OLLOUM reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of OLLOUM and we accept no responsibility for any such views expressed in any media.
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
We may include hyperlinks on this Site to other websites or resources operated by parties other than OLLOUM, including advertisers. OLLOUM has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law. In England these include:
That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
Certain remedies if a product is defective; and
A right to cancel any order for a product within 14 days after the date of receipt of the product, and receive a full refund even if it is not defective.
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in this Agreement is intended to affect your rights under the law (see “Your Rights” above).
If OLLOUM fail to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and OLLOUM knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us OLLOUM harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and OLLOUM as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of OLLOUM, and we shall not be liable for any representation, act, or omission on your part.
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
If you have a complaint about us email [email protected] giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance to the English law and the relevant courts of England and Wales will have exclusive jurisdiction.
The following terms and conditions (Terms) tell you (the Customer) the basis upon which you will be supplied OLLOUM magazine (“OLLOUM”) by The OLLOUM Group Limited (as Publisher) when you take out a subscription.
Please note that OLLOUM is distributed to 170 countries worldwide.
Please read these Terms carefully before ordering a magazine subscription from OLLOUM (us).
You should print a copy of these Terms for future reference.
1. CONTRACTING PARTY
All subscriptions for OLLOUM shall be fulfilled by us together with our nominated third party.
2. YOUR STATUS
By placing an order for the subscription, you warrant that:
2.1 You are legally capable of entering into binding contracts; and
2.2 You have sought permission from the bill payer if you are not the account/card holder;
3. SUBSCRIPTION CONTRACT
3.1 You can subscribe to OLLOUM in the following ways:
Simply visit http://portersubscription.com to place an order. Once you have purchased a subscription online, you will receive an email acknowledging receipt of your order confirming that it is processing. You will then be sent a further email within 5 working days containing all your subscription details confirming our acceptance of your order.
You can place an order for your subscription by phoning +603 12345678 from 9am-5pm GMT, Monday to Friday. You will prompted during the call to confirm that you have read these Terms before proceeding.
You can complete an order form found inside an issue of OLLOUM magazine purchased from all newsstands. You will be prompted to check a box on the form to confirm that you have read these Terms.
Once you have purchased OLLOUM, you will receive an email from us acknowledging receipt of your order confirming that it is processing. You will then be sent a further email within 5 working days containing all your subscription details confirming our acceptance of your order. If an email address wasn’t provided, you will be sent confirmation by post.
3.2 By placing an order for OLLOUM subscription online, by post or by telephone, you recognize that if your order is accepted by us this will result in a binding contract.
4. RIGHT TO CANCEL / NON FULFILLMENT
We reserve the right to cancel or not fulfil orders:
4.1 when we are unable to obtain payment authorization from the issuer of your payment card; or
4.2 in the event of an inaccuracy with the price, however, we may fulfil your order at the correct price.
5. RIGHT TO MAKE CHANGES
5.1 To Publication Dates/Frequency. We reserve the right to change the publication dates and the frequency of OLLOUM without notice to you. Any such changes will be communicated.
5.2 Changes in Law. We may change OLLOUM to reflect changes in relevant laws and regulatory requirements.
5.3 To the Digital Version of OLLOUM. We may update the digital content of or change the digital version of OLLOUM to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the digital version.
6. SUBSCRIPTION COSTS
6.1 OLLOUM is available on an annual subscription basis and is payable via Visa, MasterCard, American Express and PayPal.
6.2 The prices shown in GBP, EUR, USD, AUD and HKD are an approximate amount. Credit cards will be debited in the currency you have chosen to pay in.
6.3 If your credit/debit card is not denominated in one of the above currencies, the price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. The prices will be as quoted on http://www.portersubscription.com (our Site) from time to time, except in cases of obvious error.
6.4 The subscription price includes delivery costs and any applicable taxes. Please be aware that the transaction will show as OLLOUM magazine on your bank/credit card statements.
6.5 PORTER can be purchased via the following payment options:
CREDIT CARD PAYMENT
If you are not using your own credit/debit card, you must seek permission from the credit/debit holder before placing your subscription order.
6.6 We aim to ensure that the subscription prices are accurate however, errors may occur. If an error is brought to our attention, we will inform you and reconfirm your subscription at the correct price and ask you to authorize us to take payment for the outstanding balance. If we cannot reach you, we will assume your order is cancelled.
7.1 Your magazine will be delivered to the address provided by you and confirmed by us when you placed your subscription. As OLLOUM is produced 6 times a year, please allow up to 14 weeks for your first issue to arrive.
7.2 Please be aware that if you have supplied us with an incorrect address, you agree that we not be held responsible for failure to deliver the magazine. We reserve the right to discard mail outs and magazine issues that are returned to us without any responsibility to refund you or the person who sent them back despite our efforts to contact you for the correct information.
7.3 Any changes in delivery address must be notified to us at least 3 weeks in advance of delivery in writing by emailing [email protected] or by telephoning +44 330 022 5412 from 9am-5pm GMT, Monday to Friday quoting the old and new address. We will not be held responsible for any incorrect deliveries resulting from your failure to notify.
7.4 Time of delivery is not of the essence. Any concerns relating to the delivery or general condition of the magazine delivered to you must be notified to us within 10 working days from the date in which the magazine was or should be delivered. Please email [email protected] or telephone +44 330 022 5412 from 9am-5pm GMT, Monday to Friday. Should any defects not be reported within this timeframe, you will be deemed to have accepted them.
7.5 We will provide the digital version of OLLOUM to you until your subscription expires or is cancelled.
8. CANCELLATIONS AND REFUNDS
We are confident that you will love reading OLLOUM however, you may cancel your subscription at any time by notifying Customer Care. Simply call +44 330 022 5412 from 9am-5pm GMT, Monday to Friday or email [email protected]. If there are more than 2 issues outstanding, the remaining balance will be refunded to you via the original payment method. Please note, it can take up to 10 working days for refunds to appear in your account. Refunds for gift subscribers will be issued to the purchaser.
9. RETENTION OF TITLE
You expressly agree that until you have paid in full for the magazines comprised in this or any other agreement with us, the goods remain our property. Should outstanding payments for the goods not be forthcoming, you undertake to pay all those costs we incur in the collection of any such sums due, including legal costs.
10.1 We shall not be liable to you or be deemed in breach of these Terms by reason of any delay in performing, or any failure to perform any of their respective obligations under these Terms, if the delay or failure was due to any cause beyond our reasonable control. This may include any act of god; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials. Failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the Terms.
10.2 In the event that the magazines prove to be defective for any reason, including negligence, our liability (if any) shall be limited to the rectification of the defect. Where we procure that our nominated third party rectify defective magazines under this clause you shall not be entitled to any further claim in respect of the magazines delivered nor shall you be entitled to treat delivery thereof as a ground for repudiating the agreement between you and us, failing to pay for the magazines or cancelling further deliveries.
10.3 We shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this contract or any further agreement, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by our negligence, or negligence by our employees, our nominated third parties, agents or otherwise) which arise out of or in connection with the supply of OLLOUM.
10.4 We reserve the right to refuse to enter an agreement with any individual, without providing reasons for this refusal.
10.5 Our aggregate liability in connection with the agreement between you and us or any further agreement (whether in contract, tort or otherwise) for loss or damage shall not exceed the price of the subscription of OLLOUM in respect of one incident or a series of incidents, except as expressly provided in these Terms.
10.6 In the event that an issue of OLLOUM is lost in dispatch, we will ensure that we will replace any missing issues where possible or extend your subscription term accordingly.
10.7 To the extent permitted by law, OLLOUM exclude all other liability to you. This exclusion of liability shall not apply to any damages arising from death or personal injury caused by their negligence or that of any of our third party’s employees or agents.
10.8 These Terms do not and shall not affect your statutory rights as a consumer.
11. DATA PROTECTION AND USE OF PERSONAL INFORMATION
12. LICENCE TO USE MATERIAL
12.1 We grant you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on this Site and in OLLOUM (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) (‘NAP Material’) on the basis set out immediately below.
12.2 You are entitled to access, download and transmit (for the purposes expressly permitted in these Terms) and store the NAP Material for your own personal, non-commercial use provided that you do not:
Remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined below) in the NAP Material;
Modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the NAP Material;
Rent, lease, sub-licence, loan, copy or give or transfer any rights in the NAP Material in any form, to any person or entity without the prior written consent of The OLLOUM Group Limited.
13. INTELLECTUAL PROPERTY
Unless otherwise stated, all intellectual property rights, (including but not limited to copyright, trade marks, registered and unregistered designs, database rights, domain names and goodwill (“Intellectual Property Rights”)) in all content included on this Site and in OLLOUM, including all text, graphics, logos, photographs and images) is the exclusive property of The OLLOUM Group Limited or its licensors and is protected by applicable legislation around the world. Any commercial use, including the reproduction, modification, distribution and transmission of any content is strictly prohibited without the consent of The OLLOUM Group Limited.
14. GIFT SUBSCRIPTIONS
14.1 You can order a subscription as a gift online by visiting http://portersubscription.com.
14.2 Once you have placed an order for a gift subscription online or by telephone, you will receive an email confirming that it is processing. You will then be sent an additional email 5 working days later containing all your subscription details.
14.3 If your gift subscription to OLLOUM was placed through the post, you will be sent an acknowledgement letter within 21 working days to confirm your details from us. Otherwise, you will be sent confirmation by email if an email address was provided.
14.4 Please note, at no point will we contact the gift recipient directly and it is your responsibility to notify them about their subscription.
15. COMPLIMENTARY DIGITAL ACCESS TO PORTER
15.1 When purchasing a print subscription to OLLOUM, you will receive complimentary access to the digital edition.
15.2 Once your order has been processed, you will be sent an email from us containing steps on how to download this. If you subscribed via post, your download instructions will be mailed to you.
16.1 If we fail, at any time during the term of the agreement, to insist upon strict performance of any of your obligations under the agreement or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of the terms within these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. LAW & JURISDICTION
These Terms are governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English Courts.
19. RIGHTS TO VARY TERMS
We retain the right to vary these Terms without notice to you. However any variation to these Terms shall be uploaded to https://olloum.com.
20. SUBSCRIPTION INQUIRIES
For assistance with your OLLOUM subscription, email [email protected] or +603 12345678 from 9am-5pm GMT, Monday to Friday.