These Terms and Conditions (“Terms”) govern your access to and use of the websites, mobile applications, and other online products and services (collectively, the “Services”) provided by Laura Ashley (“Company”).
Please read these Terms carefully before using our Services. By accessing or using the Services, you signify your agreement to be bound by these Terms. If you do not agree to all the Terms, do not access or use the Services.
1. Accessing the Services
You must be at least 18 years old or the applicable age of majority and have the requisite power and authority to enter into these Terms. You may not access or use the Services if doing so is prohibited by law where you are located.
Company grants you a limited, non-exclusive, non-transferable, revocable permission to access and use the Services for legitimate personal, non-commercial purposes as set out in these Terms. Your use of the Services must be compliant with applicable law and not infringe or violate the rights of Company or any third party.
2. User Accounts and Membership Plans
You may need a user account and membership (free or paid) to access certain features or functions of the Services. You are responsible for maintaining the confidentiality of your login credentials and all activities under your account. You agree to immediately notify Company of any unauthorized use of your account.
Company may terminate or suspend access to your account for any reason, including repeated violations of these Terms. Upon termination, all licenses and other rights granted to you will immediately cease.
Company offers paid membership plans that provide enhanced access to the Services (“Subscriptions”). All fees or charges will be disclosed to you in advance. Recurring Subscriptions automatically renew at the end of each subscription period unless auto-renewal is turned off by you at least 24 hours before the end of the current period.
3. Use of the Services
You agree to comply with the following conditions when using the Services:
- You may not copy, modify, adapt, reproduce, translate, distribute, decompress, reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of any portion of the Services.
- You may not access or use the Services to build a similar or competitive product or service.
- You may not use any data mining or similar tools to gather content to use for a database or directory.
- You may not circumvent any access or use restrictions put in place to prevent certain uses of the Services.
- You may not engage in any harassing, threatening, intimidating, predatory or stalking conduct.
- You may not authorize or assist any third party to do any of the above prohibited actions.
4. User Content
The Services allow you to submit content, including messages, posts, comments, images, photos, profiles, works of authorship and other materials (“User Content”).
You retain ownership to your User Content. By submitting User Content, you grant Company a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display or perform and promote your User Content in connection with operating and providing the Services.
You are solely responsible for all User Content you submit. You represent and warrant that you have all rights required to grant the licenses under these Terms and that use of your User Content does not violate any law. You are responsible for the back up and retention of any User Content, and Company has no obligation to do so on your behalf.
Company has the right to investigate and prosecute violations of any of the above representations and warranties to the fullest extent of the law. Company may access, preserve, disclose or remove User Content without notice if required to do so by applicable law or in a good faith belief that such access, preservation, disclosure or removal is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any User Content violates rights of third parties, protect the rights, property or personal safety of other users or the public, or operate and maintain the Services properly.
5. Acceptable Use Policy
You agree not to misuse the Services or help anyone else to do so. For example, you must not, and must not attempt to:
- Violate laws or regulations: You agree to use the Services only for lawful purposes and comply with all applicable laws and regulations. You may not use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates laws or regulations.
- Infringe rights: You may not use the Services in any manner that could infringe, dilute, misappropriate or otherwise violate the intellectual property rights, privacy rights or any other rights of Company or any third party. This includes reproducing, distributing, publicly displaying or performing or preparing derivative works from content that belongs to other users or third parties without their consent.
- Harm others: You may not use the Services to distribute content or engage in any activity that harms, threatens the safety of or bullies, defames, discriminates against or harasses others.
- Damage systems: You may not damage, disable, overburden, hack or impair the Services or any network connected to the Services.
- Compromise security: You may not attempt to gain unauthorized access to the Services, user accounts or computer systems. This includes exploiting security vulnerabilities or disclosing access credentials such as passwords or API keys.
- Interfere with others’ use: You may not interfere with or disrupt the Services or servers connected to the Services. You may not attempt to gain unauthorized access to the Services.
- Impersonation: You may not falsely represent yourself or impersonate any other person or entity. This includes using a name that is the real name of another person with intent to deceive.
Company may suspend or terminate your access and pursue any lawful remedies if we believe you violated any of these unacceptable use rules. We cooperate with government and law enforcement officials to enforce and comply with the law.
6. Third Party Content and Services
The Services may allow you to access, use, purchase or interact with content and services provided by third parties (“Third Party Content”). Third Party Content is governed by separate agreements with the providers of that content or their terms of use or service.
Company does not control and is not responsible for any Third Party Content. We are not liable for any harm or damages related to the access or use of Third Party Content. If you access or use Third Party Content, you do so at your own risk and understand that these Terms do not apply to your use of Third Party Content.
Some Third Party Content may display our branding or co-branding. This does not imply our endorsement, approval, or sponsorship of such content.
7. Purchases and Payments
You may purchase products or services from Company (“Purchases”) through the Services. All available Purchases are listed along with their descriptions and applicable charges. To place an order, you must provide complete and accurate payment information at checkout.
Pricing for Purchases is subject to change at any time without notice. All charges will be made in advance at the time of purchase. Some Purchases may incur taxes under applicable law. Any late fees on past due balances will be disclosed at the time of setting up your billing account.
If you purchase a recurring subscription to Purchases, you authorize Company to charge your payment method on a recurring basis to provide continued access. By authorizing recurring charges, you confirm that you are the lawful accountholder for the payment method registered in your account.
To cancel future charges for recurring Purchases, you must terminate your subscription through your account or provide notice to Company at least 24 hours before the end of the current billing cycle. Upon cancellation, you may use Purchases until the end of your current billing period.
All sales of Purchases are final and non-refundable except where required under applicable law. We may impose limits on quantities available for sale, reject or cancel orders, or require verification of information prior to accepting an order.
8. Free Trials and Promotions
Company may offer limited time free trials or promotions for access to Paid Services. Free trials and promotional offers are subject to these Terms except as otherwise stated.
Free trials are limited to one per user unless stated otherwise. You may be required to register with valid payment information to access a free trial. Access will be disabled at the end of the trial period unless you purchase a paid subscription.
Limitations and restrictions may apply on your use of free trials and promotional offers. Company reserves the right to modify or end free trials or promotions at any time without notice.
9. Advertising
Company displays advertisements from third party advertisers alongside our content and services. Advertisers are responsible for ensuring ad content complies with all applicable laws. Company is not responsible for third party ad content and lacks control over their advertising practices.
To help support free access to our content and services, we personalize ads based on your interests and analyze ad performance using tracking technologies like cookies. Our Privacy Policy explains how we use these technologies for tailored advertising. You can control personalized ads under privacy settings for your device.
10. Ownership and Proprietary Rights
Company owns and retains all proprietary rights in the Services, including software code, algorithms, visual interfaces, graphics, logos, button icons and other branding features. These are protected under copyright, trademark and other intellectual property laws and treaties. All rights not expressly granted are reserved.
“Laura Ashley” and all related names, logos, product and service names, designs and slogans are trademarks of Company or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
11. Disclaimers and Limitations on Liability
Your access and use of the Services is at your own discretion and sole risk. The Services are provided “AS IS” without warranty of any kind.
Company disclaims and excludes all warranties express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information given by Company shall create a warranty regarding the Services.
Company is not liable for any harm related to your access or use of the Services caused directly or indirectly by:
- Your actions or inactions, such as submissions of unauthorized or objectionable content;
- Your internet connection, computer equipment or other technical issue on your end;
- Any unauthorized access or use of data, servers or content caused by you or any third party;
- Interruption, suspension or termination of the Services;
- Any bugs, viruses, trojan horses or other harmful code transmitted by third parties;
- Any inaccurate, offensive, harmful or illegal content or conduct of any third party;
- Laws, regulations or court orders requiring us to disclose any information; or
- Any other unforeseen circumstances or causes beyond our control.
In no event will Company be liable for any indirect, incidental, punitive, special or consequential damages arising from or related to your use of the Services. Our total cumulative liability arising from or relating to these Terms will not exceed the greater of: (i) the amounts paid by you to Company over the past 12 months; or (ii) One-Hundred Dollars ($100).
Certain laws do not allow limitations or exclusions on implied warranties or liability for certain types of damages. If these laws apply to you, some of the disclaimers and limitations in these Terms may not apply.
12. Indemnification
You agree to fully indemnify, defend and hold harmless Company and our officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses arising from:
(a) your violation of these Terms;
(b) your violation of any third party right, including intellectual property rights;
(c) any claim that your User Content caused harm to another user or third party; or
(d) any legal dispute initiated by you against a third party regarding use of the Services.
This defense and indemnification obligation applies even if the claims against us do not ultimately succeed or are without merit. You agree to reimburse Company for reasonable attorneys’ fees, as well as Company’s time and materials spent responding to any subpoena, warrant, legal order or other governmental request.
13. Modifications and Termination
We reserve the right to modify these Terms by posting updated Terms on the Services and indicating the effective date. Your continued use of the Services after the modified Terms are posted constitutes your binding acceptance of the changes.
Company may suspend, restrict or terminate your access to the Services and delete your user content at any time for any reason without notice or liability to you. You are solely responsible for backing up and retaining your User Content on alternate sources not provided by Company.
On termination, all licenses and other rights granted to you in these Terms immediately expire and you must immediately cease all use of the Services. The following sections survive termination of these Terms: Indemnification, Disclaimers/Limitations on Liability, and Miscellaneous.
14. Dispute Resolution
Informal Negotiations: You agree that before formally pursuing legal recourse for any dispute related to these Terms, you will first contact Company and make a good faith sustained effort to resolve the dispute informally.
Binding Arbitration: If informal efforts to resolve a dispute fail, you and Company agree to resolve any claim or controversy arising from these Terms through binding arbitration rather than courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury. It allows for more limited discovery than in court and is subject to limited review by courts. Arbitrators can award the same damages and individual relief as a court.
For any claim where the total amount sought is $10,000 or less, you may choose whether to arbitrate or go to small claims court. If the total amount sought is more than $10,000, the choice to arbitrate or go to court will belong exclusively to Company.
You agree to an arbitration administered by the Judicial Arbitration and Mediation Services (JAMS) pursuant to its Streamlined Arbitration Rules and JAMS General Procedures. The arbitration will be conducted in the English language in New York, New York. Judgment on any arbitration award may be entered in any court with proper jurisdiction. If the arbitrator finds the arbitration to be nonfrivolous, Company will pay all costs of arbitration for an individual seeking less than $75,000 in damages. Arbitration costs for claims seeking more than that will be shared equally, and Company will not seek from you reimbursement of any fees Company pays the administrator or arbitrator.
Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between Company and you individually. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST COMPANY.
Opt-Out Procedure: You can opt out of this agreement to arbitrate by sending written notice of your decision to Company via email within 30 days of first accessing or using the Services.
15. General Provisions
Governing Law: These Terms are governed by the laws of the State of New York without regard to conflict of law principles.
Independent Contractors: No agency, partnership, joint venture, trustee or fiduciary relationship is created by these Terms.
No Waiver: Any failure or delay in enforcing any provision of these Terms will not constitute a waiver of Company’s rights.
Severability: If any provision of these Terms is found unenforceable, it will be revised to the extent necessary to make it enforceable. The remainder of the Terms will remain in full effect.
No Assignment: These Terms are personal to you and you may not assign or delegate your obligations to any third party. Company may assign these Terms or delegate any rights or obligations at our sole discretion.
Headings: All section headings are provided for convenience only and will not affect the interpretation of these Terms.
Entire Agreement: These Terms constitute the entire agreement between you and Company regarding your access to and use of the Services and supersedes any prior or contemporaneous agreements, communications or understandings regarding the Services.
Thank you for reading our Terms and Conditions. We hope you enjoy using our Services as much as we enjoy providing them!
