Version 1.0 [01/03/2010].
Please read the following general Terms and Conditions ("T&C") carefully as the provisions contained herein govern your access or use of the Website.
If you do not agree with these Terms and Conditions, please do not use or register with this website.
IF YOU ARE READING THIS AS A CHILD OR STUDENT BELOW 18 YEARS OLD, YOU MUST HAVE PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN TO ACCESS AND USE THIS WEBSITE.
In addition to these general Terms and Conditions, furniture, home furnishing and household appliances or goods retailers ("Retailers") and home and building service providers ("Service Providers") who desire to become online advertisers (collectively, "Advertisers") are required to agree to the Advertising Terms and Conditions, the terms and conditions of which are hereby incorporated into these General Terms and Conditions by this reference.
1. PURPOSE OF THE WEBSITE
1.1 Mustard Monkey is a web portal that focuses exclusively on the promotion of home related products. We offer users the ultimate browsing experience by bringing together hundreds of products covering everything from home furniture and furnishings to kitchen appliances and accessories ("Products").
1.2 Accordingly, the main purpose of the Website is to allow users:
(a) to browse through and view the Products, or home and building services offered or displayed by Advertisers on the Website;
and
(b) to provide users with a virtual environment for placing and positioning their selected Products within the virtual environment to gauge the suitability of the Products prior to such purchase.
1.3 For Advertisers, the Website offers them the ability to register their products and services, and market them through the Website, including the provision of:
(a) listings by brand;
(b) listings by product type;
(c) featured 'Best Deals';
(d) featured 'New Products';
(e) featured 'Top Sellers';
(f) featured 'Pick of the Week';
(g) listings of 'Featured Retailer'; and
(h) 'Buy the Look' facilities, in which a suite of Products may be displayed for sale by an Advertiser.
1.4 If you wish to advertise with us, you will first need to set up an advertising account which requires registration and acceptance to the Advertising Terms and Conditions.
2. ACCEPTANCE OF TERMS
2.1 The Website is owned and operated by Mustard Monkey Limited and/or its associates, related parties, successors and assigns (collectively referred to as "Provider", "us", "we" or "our"), a company incorporated in England on the 9th January 2009 and whose registered address is 7 - 8 Crescent Stables, 139 Upper Richmond Road, Putney, London, SW15 2TN and whose company number is 06787478.
2.2 The terms and conditions set below, the Privacy Policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the Website (collective referred to as Terms and Conditions ("T&C")) apply to the following category of users:
(a) any persons viewing or otherwise accessing the Website ("Visitor");
(b) any persons becoming a registered user of the Website ("Registered User"):
(i) by becoming an Advertiser, i.e. a Retailer or a Service Provider; or
(ii) by registering as a shopper on the Website ("Shopper"); and
(c) any persons who is a parent or legal guardian of a child or student aged below 18 ("Minor") wishing to access or use the Website, and who is agreeing to the T&C in his or her capacity as parent or legal guardian ("Guardian"). All Guardians of Minors who are Registered Users are also deemed to be Registered Users in their own capacity by this reference.
All such persons are collectively referred to as "User", "you" or "your".
2.3 By becoming a User, you hereby acknowledge and agree to be bound by the T&C. This version represents the most current version of the T&C.
3. ELIGIBILITY
3.1 In consideration of your becoming a User, you represent and warrant that:
(a) you are 18 years of age or older;
(b) you have the capacity to form a binding contract;
(c) you are not a person barred from accessing or using the Website under the governing laws of the T&C; and
(d) your access or use of the Website does not violate any applicable law or regulation.
4. DESCRIPTION OF WEBSITE
4.1 The Website offers the following services (collectively, "Services"):
(a) Products listings, being categories of Products which are listed by:
(i) Product type;
(ii) living environment;
(iii) top sellers;
(iv) best deals; and
(v) pick of the week;
(b) Product pages, featuring information of one Product per page, including information on:
(i) Product description;
(ii) price;
(iii) related or comparable items;
(iv) Retailer delivery options for the Product; and
(v) a link to the Retailer's website;
(c) Search facility, allowing Users to conduct Product and Advertiser searches by way of a keyword search, as well as by way of Product type, company and location searches;
(d) Listing Indexes, including:
(i) Brand index, categorising Product into alphabetical listing of brands and types of Products;
(ii) Retail Index, categorising Retailers into alphabetical listing and types of Products offered;
(iii) Services Index, comprising an alphabetical list of all Service Providers and categories of types of services offered by the Service Providers;
(e) Media Centre, featuring the following:
(i) online videos;
(ii) e-magazines of various interests; and
(iii) online articles;
(f) My Account facility, for Advertisers, comprising the following functions;
(i) update profile description;
(ii) upload Product function;
(iii) update directory listing;
(iv) purchase, create and place banner advertisements at various locations on the Website;
(v) submit articles and blog posts;
(vi) make online payments;
(vii) enter into Advertiser competitions.
4.2 The Services may further include certain communications from the Provider and/or its licensors, such as service announcements and administrative messages. These communications are made to Registered Users and Guardians of Minors who are Registered Users, and are considered part of the terms of registration of the Website.
4.3 Unless explicitly stated otherwise, any new services, features, content or applications offered or made available from time to time by the Provider through or in connection with the Website shall be subject to the T&C.
5. WEBSITE CONTENT AND PROPRIETARY MATERIAL
5.1In ACCESSING THE WEBSITE, you expressly acknowledge, agree AND COVENANT that:
(a) the Website contains information, data, text, photographs, pictures, images, graphics, video, messages or other materials ("Content") posted or submitted by Registered Users, part of which may be proprietary to the Registered User and/or its licensors, that is protected by applicable intellectual property and other laws;
(b) except to the extent otherwise specifically authorised by the Provider and/or the author or creator of the relevant Content, you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, the Website or all Content contained therein, or create any derivative works thereof, and you may not use any of the Content in connection with any commercial endeavours, whether in whole or in part;
(c) except to the extent otherwise specifically authorised by the Provider and/or the author or creator of the relevant Content, you may only retrieve and display any Content on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) solely for your personal use;
(d) the Content is the sole responsibility of the person from which such Content originated. The Provider does not control the Content posted through or in connection with the Website and, as such, does not in any way guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the Provider be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through or in connection with the Services;
(e) the Website may also include Content posted or distributed by the Provider, including from time to time, online videos, online articles, e-magazine content, help topics, FAQs and other information or any other messages. The information and opinions expressed in the Provider's Content are the Provider's or author's own personal views and description, and are provided for information purposes only. Under no circumstances are such Content intended for any business or commercial-related, income-related or employment-related purposes or activities. You are not entitled to rely and/or act upon such Content and/or use them as a basis for any cause of action in law or otherwise;
(f) the Website is offered, supplied and provided on an "as-is" and "as available" basis, and the Provider assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalised settings;
5.2 The Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to:
(a) any warranty of merchantability, fitness for a particular purpose and non-infringement in respect of your access and use of the Website or the Services, or your purchase of any Product or Service through or in connection with the Website; or
(b) any warranty in respect of the results procured from the use of the Services.
5.3 You are responsible for obtaining access to the Website and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees and in addition, you must provide and are responsible for all equipment necessary to access the Website;
5.4 You understand that the Website may include software embodied therein now or in the future ("Software") as well as security components that permit digital materials to be protected, and that your access of the Website is subject to Software usage rules set by the Provider and/or its licensors. The Provider makes no warranty that any errors in the Software will be corrected;
5.5 You may not:
(a) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or data transmitted through the Website;
(b) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(c) interfere with or disrupt the Website or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected thereof;
(d) take any action that places an unusually large load on the infrastructure of the Website, or bandwidth connecting to the Website, or take any action that includes the use of any data accumulation, tool, robot or spider to compile, disseminate, extract, process, monitor or copy any web pages;
(e) intentionally or unintentionally violate any applicable local, state, national or international law;
(f) "stalk" or otherwise harass another; or
(g) collect or store personal data about other Users; and
(h) attempt to override or circumvent any of the usage rules embedded into the Software or those provided herein. Any unauthorised reproduction, publication, further distribution or public exhibition of the Website or all Content contained therein, in whole or in part, is strictly prohibited.
5.6 You further acknowledge that the Provider does not pre-screen Content and that any Content downloaded or otherwise obtained through the Website is done at your own discretion and risk. You will solely be responsible for any damage to your computer system or loss of data that results from the download of the same.
5.7 No advice or information, whether oral or written, obtained by you from the Provider or through or from the Website shall create any warranty not expressly stated in the T&C.
6. DEALINGS WITH ADVERTISERS AND CONTENTS OF ADVERTISEMENTS
6.1 As part of the Services, Advertisers may interact or communicate with you by posting or uploading responses, comments, suggestions, feedbacks, messages, articles or any other types of communications on or through or in connection with the Website, including articles and posts on the Website's e-magazines and blogs.
6.2 Additionally, the Provider does not offer e-commerce facilities through or in connection with the Website for Registered Users who are Shoppers and who desire to purchase Products displayed on the Website. The Website's primary purpose, as described in section 1, is to allow Users to browse Products and showcase brands in a unique way. To purchase listed Products or obtain services offered by Service Providers, you are required to visit the Advertiser's own websites.
6.3 The financial arrangement between the Provider and the Advertisers comprises solely of the following:
(a) a monthly subscription fee for listings on the Website; and
(b) a low cost fixed fee for banner advertisements purchased by Advertisers.
6.4 Whilst the Provider has a financial arrangement with the Advertisers as described above, the Provider DOES NOT IN ANY WAY endorse, approve or control the Contents posted, uploaded or communicated by any Advertiser, including any Products or services offered by any Advertisers
6.5 Your correspondence or dealings with the Advertisers, purchase of a Product or service from an Advertiser, any terms, conditions, warranties or representations associated with such correspondence and dealings, including pricing, merchantability, fitness for purpose and/or correspondence with description of such Products and services are solely between you and the Advertiser.
6.6 Nothing in the T&C constitutes a joint venture, partnership, agency or other fiduciary relationship between the Provider and an Advertiser.
6.7 in addition to the general disclaimer set out in Section 5, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(a) the Advertisements do not in any way represent a recommendation or an approval of the Advertiser or any product or service offered by the Advertiser and the Provider does not act on behalf of the Advertisers;
(b) the Provider does not in any way offer preference to one Advertiser over another, or to one product or service offered by an Advertiser over another product or service offered by the same Advertiser or a different Advertiser;
(c) you are not required to click on any Advertisement displayed on the Website, or use or purchase any product or service offered by any Advertiser, and if you do decide to do so, we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Advertisers on the Website.
7. EXCLUSION OF LIABILITY
7.1 You expressly understand and agree that the Provider, its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss or profits, goodwill, use, data or other intangible losses, even if the Provider has been advised of the possibility of such damages, resulting from:
(a) the accessing of, or the inability to access, the Website, or the use of, or the inability to use, the Website or the Services;
(b) unauthorised access to or alteration of your transmissions or data;
(c) any other matter relating to the Website or the Services; and
(d) any dealings or communications with any Other Users, including Advertisers.
8. INDEMNITY
8.1 You agree to fully indemnify, defend and hold the Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your:
(a) access and use of the Website or the Services;
(b) connection to the Website;
(c) violation of this T&C;
(d) violation of any rights of another; or
(e) dealings and communications with the Advertisers and/or any other Users.
9. REGISTERED USERS - ACCOUNT, ACCESS CODE OR PASSWORD AND SECURITY
9.1 If you become a Registered User, you will receive a password and account designation upon completing the Website's registration process.
9.2 You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the same.
9.3 You agree to:
(a) immediately notify the Provider of any unauthorised use of your password or account or any other breach of security; and
(b) ensure that you exit from your account at the end of each session.
9.4 The Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
10. REGISTERED USERS - CONTENT OR DATA INPUT
10.1 As a Registered User, you are solely and entirely responsible for any and all Content that you upload, post, email, transmit or otherwise make available through or in connection with the Website, as edited, approved or modified by another user, where applicable.
10.2 You acknowledge and warrant that any data you provide in a registration form ("Registration Data") which is submitted by you to the Provider through or in connection with the Website is true, accurate and current, and is complete in all respects. You are required to notify us immediately of any changes to your Registration Data by contacting us [insert page link].
10.3 IN SUBMITTING YOUR CONTENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE:
(a) any Content that is false, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, pornographic, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(c) any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) any Content comprising unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
(e) any Content containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(f) any Content purporting to impersonate any other person or entity, including, but not limited to, any other User, the Provider's official, employee, consultant, guide, host or any other representative, or falsely state or otherwise misrepresent your affiliation with any person or entity.
10.4 You also expressly acknowledge and agree that the Provider:
(a) shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available through or in connection with the Website; and
(b) may access, preserve, and disclose all Content supplied by you if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce this T&C;
(iii) respond to your requests for customer service; and
(iv) protect the rights, property, or personal safety of the Website, other Users and/or the public.
10.5 You understand that the technical processing and transmission of all Content submitted by you may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
10.6 The Provider does not claim ownership of any Content you submit. However, with respect to such Content, you grant the Provider the following worldwide, sub-licensable, perpetual, transferable, royalty free and non-exclusive licence ("Licence") to use, distribute, reproduce, modify, adapt, publicly display the Content on the Website, in whole or in part, and to incorporate the Content into any proprietary works of the Provider in any format or medium now known or later developed for the purposes of:
(a) providing and promoting specific Website initiatives;
(b) compiling statistical references for improvement of the Website or any Services offered by the Provider through or in connection with the Website, or any of its affiliates or third parties; and
(c) subject to prior written notification to you, any other commercial or non-commercial ventures of the Provider.
11. SPECIAL ADMONITION FOR INTERNATIONAL USE
11.1 Recognising the global nature of the Internet, you agree to comply with the provisions of the T&C in accordance with its governing law. If you access the Website from outside of the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
12. TRADEMARKS
12.1 The Mustard Monkey name, logo, other names and logos of the Provider as may be created, produced or used from time to time ("Marks") are trademarks or registered trademarks of the Provider and its affiliated companies. Without express and written prior permission, you agree not to display or use in any manner the Marks for any purpose whatsoever.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
13.1 You expressly acknowledge and agree that:
(a) the Provider may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days and months that Content submitted by you will be retained by the Website, the maximum amount of information that may be submitted by you and the maximum number of times and the maximum duration for which you may access the Services in a given period of time;
(b) the Provider has no responsibility or liability for the deletion or failure to store any descriptions, work, portfolio, profile, or other information or communication posted by you, or obtained or procured from or through the use of the Services; and
(c) the Provider reserves the right to modify these general practices and limits from time to time.
14. MODIFICATIONS TO THE WEBSITE ETC
14.1 The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof, including the provision of any Services, with or without notice. You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website.
14.2 The Provider reserves the further right to make any amendments to the T&C, Privacy Policy and/or any other incorporated agreements or guidelines at any time in its sole and absolute discretion, with or without notice to you. The most current version of the aforesaid documents as posted on this page shall supersede all previous versions.
14.3 It is your responsibility to check regularly to determine whether a new version of the T&C has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of the T&C, then you must immediately stop using the Website
14.4 You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website, and/or amendments to the T&C, Privacy Policy and/or any other incorporated agreements or guidelines. Your continued use of the Website after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the aforesaid documents, as amended.
15. SUSPENSION AND TERMINATION
15.1 You agree that the Provider may, under certain circumstances and without prior notice, suspend or immediately terminate your access to the Website, bar any further use of the Services and remove any associated profiles, works, information or contact details thereof.
15.2 Cause for such suspension or termination shall include, but not be limited to:
(a) breaches or violations of the T&C, Privacy Policy and/or any other incorporated agreements or guidelines;
(b) requests by law enforcement or other government agencies;
(c) discontinuance of the Website (or any part thereof); and
(d) unexpected technical or security issues or problems.
15.3 You agree that all suspensions or terminations for cause shall be made at the Provider's sole discretion and that the Provider shall not be liable to you or any third party for any such termination.
16. OFF SITE LINKS
16.1 The Website may provide, or third parties may provide, links to other Websites or resources.
16.2 You understand and acknowledge the Provider has no control over such sites and resources. In this respect, you also acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
16.3 You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
17. EMAIL POLICY
17.1 We will not respond unless required to do so by law to any electronic mail ("Email") sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
17.2 All Emails received will be taken to be submitted, where appropriate, for publication, free of charge. If you wish to negotiate a fee for the publication of your exclusive material you should email us at info@mustardmonkey.co.uk and state your name, address and, if applicable, a contact telephone number, in your Email. Your Email should clearly state that the material contained in the Email has been submitted for the purposes of negotiating a fee for the publication of that material. It must not be sent to any other email address or to a User or to any other third party.
17.3 We will not disclose any personal information under any circumstances of any staff, employee, contractor or worker of the Provider and/or the Provider's associates. Where appropriate we will endeavour to respond to all Emails within 3 days of receipt, but we cannot and do not guarantee to respond to any Emails. All Emails will generally be stored for 12 months after which time they will automatically be deleted. Any Email sent to the incorrect destination is liable to be deleted immediately.
18. PRIVACY POLICY
18.1 The use of the Website is subject to our Privacy Policy, which is incorporated into this T&C by reference.
19. NO THIRD PARTY BENEFICIARIES
19.1 You agree that, except as otherwise expressly provided in this T&C, there shall be no third party beneficiaries to this T&C, and that you may not assign your profile or registration to any other persons.
20. NOTICES
20.1 If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, the Provider may communicate with you by providing you with notices regarding updates, changes or additions to this Website or the Services.
21. GOVERNING LAW
21.1This T&C and any obligations arising out of or in relation to the T&C shall be governed by and construed in accordance with the laws of England and Wales.
22. JURISDICTION
22.1 You understand, agree and acknowledge that the courts of England and Wales are to have non-exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with the T&C and for such purposes irrevocably submit to the jurisdiction of the aforesaid courts.
23. ENTIRE AGREEMENT
23.1 The T&C constitute the entire agreement between you and the Provider and govern your access and use of, or purchase through or in connection with, the Website, superseding any prior agreements between you and the Provider.
23.2 You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Provider, affiliated services, third-party content or third-party software.
24. WAIVER AND SEVERABILITY OF TERMS
24.1 The failure of the Provider to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision.
24.2 If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.
25. VIOLATIONS AND INFRINGEMENTS
25.1 Any violations or infringement of the T&C should promptly be reported by the User by emailing the Provider at info@mustardmonkey.co.uk.