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TERMS AND CONDITIONS OF USE

These terms and conditions apply to the entire contents of the website under the domain name www.boohoo.com ("Website"). Please read these terms carefully before using this Website. References to “us,” “we,” “our” or similar derivations refer to Boohoo.com UK Limited, the owner and operator of the Website. Your attention is in particular drawn to paragraphs 7 and 8 of these terms and conditions.

Using this Website indicates that you accept these terms and conditions together with our Privacy Notice and Cookies policy and all applicable laws and regulations regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, do not use this Website. You should print a copy of these terms and conditions for future reference.

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. If you live in the United States, please read this carefully. Do not use the services on this website, including purchasing any items, until and unless you have read these Terms & Conditions and have agreed to them.

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. If you live in the United States, please read this carefully. Do not use the services on this website, including purchasing any items, until and unless you have read these Terms & Conditions and have agreed to them.

1. Your use of this Website

1.1. We hereby grant you a limited license to access and make personal use of this Website but not to modify it, or any portion thereof, except with our express written permission.
1.2. You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
1.3. By accessing any part of the Website, you shall be deemed to have accepted these terms and conditions in full. If you do not accept these terms and conditions in full, you must leave the Website immediately.
1.4. We reserve the right to vary these terms and conditions at any time. If so, the updated version will be posted on the Website and you will be bound by the updated version for all of your subsequent site access if you continue to use the Website thereafter. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms and conditions located on particular pages of the Website.
1.5 All content available on this Website is solely directed to individuals 18 years of age or older residing in the United States. Any use of the Website is prohibited where they are not allowed by law.

2. License

2.1. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website are owned by us, our licensors, advertisers or content suppliers. Except as expressly provided nothing contained herein shall be construed as creating any license or right under copyright, trademark or other intellectual property rights. You may store, manipulate, analyze, reformat, print and display the content supplied solely for your own personal and non-commercial use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Website. Any use of extracts from this Website other than as permitted above for any purpose is prohibited. If you breach any of the provisions of these terms and conditions, your permission to use this Website automatically terminates. boohoo.com is a trade mark. No license or consent is granted to you to use these marks in any way except as expressly provided herein, and we reserve all rights in these and any related marks. You agree not to use these marks or any marks, which are colorably similar without the written permission of Boohoo.com UK Limited.
2.2. Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
2.3. Any rights not expressly granted in these terms are reserved.

3. Service access

3.1. While we endeavor to ensure that this Website is available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2. We give no warranties as to the availability, performance or accessibility of the Website.
3.3. Access to this Website may be suspended temporarily and without notice at our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.

4. Links and Advertisements

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. We reserve the right to display advertisements on the Website and on your login pages of third party products and/or services which may be of interest to you. Please be aware that the products and services advertised are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services and that you agree to the third party’s terms and conditions before contracting with them. We accept no liability for any products or services or information provided by third party providers. If you would like to create a link to this Website, you may only do so with our prior written consent.

5. Registration

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Responsibility for the security of any passwords rests with you.

6. Disclaimer

While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the services provided on it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

7. Liability

7.1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: Loss of income or revenue; Loss of business; Loss of profits or contracts; Loss of anticipated savings; Loss of data; Loss of goodwill; Wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.2. Nothing in these terms and conditions shall exclude or limit our liability for:
7.2.1. death or personal injury caused by negligence; or
7.2.2. fraud; or
7.2.3. misrepresentation as to a fundamental matter; or
7.2.4. any liability which cannot be excluded or limited under applicable law.
7.3. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
7.4. Any transmission of data to the Website is at your own risk. You accept the inherent security risks of providing information and dealing on line over the internet. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access. We will not be held responsible for any breach of security unless this is due to our negligence or willful default.
7.5 You have read this disclaimer and agree to it on the basis that you agree it is reasonable.

8. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS WAIVER

1. IF YOU'RE A U.S. RESIDENT, YOU AND WE ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: WE BOTH AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS OR DISPUTES IN COURT OR BEFORE A JURY, EXCEPT FOR DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO YOUR INFRINGEMENTS OR OTHER VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFCATION BROUGHT OR ALLEGED BY US AGAINST YOU PURSUANT TO CLAUSE 9 OF THESE TERMS OR CLAUSE 17 OF THE TERMS AND CONDITIONS FOR SALE. WE ALSO BOTH GIVE UP THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM OR DISPUTE. ADDITIONALLY, OTHER RIGHTS YOU MAY HAVE IF YOU WENT TO COURT ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. FOR CLARITY, THIS CLAUSE 8 REGARDING BINDING ARBITRATION AND RELATED RIGHTS AND RESTRICTIONS, INCLUDING GIVING UP RIGHTS TO BRING OR PARTICIPATE IN ANY CLASS ACTION CLAIMS, IS APPLICABLE TO ALL CLAIMS AND DISPUTES BETWEEN YOU AND US, EXCEPT FOR ANY CLAIMS OR DISPUTES BETWEEN YOU AND US THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENTS OR VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR YOUR OBLIGATIONS TO INDEMNIFY US PURSUANT TO THE TERMS & CONDITIONS FOR SALE OR PURSUANT TO THE WEBSITE TERMS OF USE. FOR MORE ABOUT CLAIMS BETWEEN YOU AND US THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENT OF OUR INTELLECTUAL PROPERTY RIGHTS, SEE CLAUSE 2 OF THESE TERMS 2. BY EXPRESSLY AGREEING TO THESE TERMS AND BY USING ANY SERVICES OF OUR SITE, YOU AGREE THAT, EXCEPT FOR ANY CLAIMS OR DISPUTES THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENTS OR VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR YOUR OBLIGATION TO INDEMNIFY US, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 3. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. 4. The arbitrator will have exclusive authority to resolve any disputes relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision, or any part of it, or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. 5. We will be responsible for paying any individual consumer’s initial arbitration fees. But, unless any of the claims brought affords the prevailing party an award of attorneys’ fees, and the arbitrator makes a determination to award reasonable fees to the prevailing party under the fee-shifting provided by applicable law, each party will bear its/his/her own attorneys’ fees. 7. You agree to an arbitration on an individual basis. In other words, in any dispute or resolution of claim, NEITHER YOU NOR US WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PARTIES OR CUSTOMERS IN COURT OR IN ARBITRATION, OTHERWISE PARTICIPATE IN ANY CLAIM BROUGHT AS A CLASS ACTION OR CLASS ARBITRATION, OR PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You and We agree that the arbitrator or arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator or arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may be raised only in a court of competent jurisdiction. 8. If any provision of this arbitration agreement set forth in this Section 8 is found to be unenforceable or otherwise void or invalid, the unenforceable, void, or invalid provision will be severed from this Section, and the remaining arbitration terms will be enforced.

9. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BOOHOO.COM LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND AFFILIATES, FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES) AGAINST BOOHOO.COM ARISING FROM, WITHOUT LIMITATION, (i) YOUR BREACH OF THESE TERMS AND CONDITIONS FOR ONLINE SALES, (ii) YOUR INFRINGEMENT OF ANY OF OUR INTELLECTUAL PROPERTY RIGHTS; (iii) YOUR INFRINGEMENT OF ANY OTHER RIGHT OF ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, DEFAMATION OF SUCH PERSON OR ENTITY, OR VIOLATIONS OF SUCH PERSON’S OR ENTITY’S INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, (iv) YOUR BREACH OF ANY DUTY OF CONFIDENCE OR PRIVACY OWED TO BOOHOO.COM, OR (v) ANY FALSE STATEMENTS OR CLAIMS MADE BY YOU IN ANY FORM ABOUT BOOHOO.COM OR ABOUT ITS PRODUCTS OR SERVICES. NOTE THAT THE ARBITRATION PROVISIONS OF CLAUSE 8 DO NOT APPLY TO ANY INDEMNIFICATION CLAIMS OR ACTIONS BROUGHT AGAINST YOU BY US PURSUANT TO THIS SECTION.

10. Termination

We may at any time terminate or suspend any part of the Website without notice to you.

11. Governing law and jurisdiction

11.1. You agree and accept to be bound by the terms of our Privacy Notice.
11.2 Please note that these Terms of Use or any dispute or claim arising out of or in connection with them or use of our site (whether or not contractual) shall be governed by English law. If you are a consumer, your use of our site will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence. If you are a consumer, you and We both agree that the courts of England and Wales shall have non-exclusive jurisdiction over any dispute or claim arising from, or related to, these Terms of Use or use of our site (including non-contractual disputes or claims), save that nothing shall limit your legal rights to bring actions against us or to require proceedings to take place in the place of your residence. If you are a business or are using our site for business purposes, you and We both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.