INDIA JANE WEBSITE TERMS OF USE


FOR A FULL COPY OF OUR TRADE TERMS AND CONDITIONS PLEASE CALL THE OFFICE ON 020 8799 7166 OR CONTACT sales@indiajane.co.uk. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING THIS SITE. YOUR ATTENTION IS DRAWN IN PARTICULAR TO CLAUSES 5.1 – 5.4 (WARRANTY) AND 5.5 TO 5.11 (LIABILITY). 

1.DEFINITIONS:


Content the information and materials appearing on the Site Terms the conditions set out in this document including Our Privacy Policy and Acceptable Use Policy Site www.indiajane.co.uk; We/Us/Our India Jane (Interiors) Limited (Company No. 04258749) whose registered office is at 275 Abbeydale Road, Wembley, Middlesex HA0 1TW and whose trading address is 92 High Street Kensington London W8 4SH You/Your the person company or party who uses Our Site 

2. GENERAL:


2.1 Use by You of the Site constitutes acceptance by You of the following terms of use. Your use of the Site will be governed by these Terms
2.2 These Terms constitute the entire agreement between You and Us and govern Your use of the Site superseding any prior agreements between You and Us
2.3 You agree that no joint venture partnership employment or agency relationship exists between You and Us as a result of Your use of the Site and therefore acceptance of these Terms
2.4 We may collect information on what pages are accessed or visited by You and information volunteered by You such as Your contact details and/or any site registrations. We may use this information for internal review and in order to improve the Content of the Site
2.5 Where We collect information from You via Your access and use of the Site and You voluntarily submit to Us such information while using the Site Our use of Your information will be governed by these Terms. Please read these Terms carefully before using the Site
2.6 If You do not agree to all of these Terms You may not use the Site which is owned and operated by Us
2.7 If You have any comments suggestions or questions about these Terms and/or the Site and/or Us generally You can contact Us by sending an e-mail to sales@indiajane.co.uk or by writing to India Jane (Interiors) Limited at the address above.
2.8 Your obligations with which We require you to comply and conduct whilst using this Site which We deem acceptable is set out in Our Acceptable Use Policy
2.9 If any provision of these Terms is found to be invalid by any court having competent jurisdiction the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect. No waiver of any of these terms shall be deemed a further or continuing waiver of such term or any other term. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.


3. INTELLECTUAL PROPERTY:


3.1 The Content appearing on the Site is displayed for personal non-commercial use only
3.2 All software used on the Site and all Content included on the Site (including without limitation site design text graphics audio and video the selection and arrangement thereof and the underlying source code) is Our property or that of Our suppliers and is protected by international copyright and other applicable laws
3.3 All trademarks service marks and logos used on the Site from time to time are the trademarks service marks or logos of their respective owners
3.4 None of the Content may be downloaded copied reproduced republished posted transmitted stored sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from the Site on any single computer for personal non-commercial home use only provided that all copyright and proprietary notices are kept intact
3.5 Modification of any of the Content or use of any of the Content for any purpose other than as set out herein including without limitation on any other website or computer network is prohibited
3.6 If You breach any of the Terms of this legal notice Your permission to use the Site automatically terminates and You must immediately destroy any downloaded or printed extracts from the Site
3.7 Requests to republish any of the Content and to use quotations or extracts from the Site should be addressed to info@indiajane.co.uk
3.8 We have made every effort to secure where appropriate licenses and clearances for all third party intellectual property used on the Site. You may notify Us of alleged intellectual property rights infringement by contacting us via e-mail at sales@indiajane.co.uk
3.9 The details of the information provided by You when completing forms on this Site are provided to Us by You. We cannot and do not verify the details and therefore make no warranties or representations as to their accuracy or completeness. You rely on the accuracy of the information that You submit via this Site at Your own risk.



4.1 The Site may from time to time include links to third party internet websites which are controlled and maintained by others. These links are included solely for Your convenience and do not constitute any endorsement by Us of the websites linked or referred to nor do We have any control over the content of any such websites
4.2 We have not reviewed all of these third party websites and do not make any representations regarding the availability or content or accuracy of materials on such websites. If You decide to access third party websites through links on the Site You do so at your own risk. Your use of third party websites is subject to the terms and conditions of use of those websites


5. WARRANTY AND LIABILITY:


5.1 Whilst We endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, We do not warrant that such material will be free from infection, viruses and/or similar code.
5.2 Due to the nature of software and the internet, We do not warrant that Your access to, or the running of, this Site will be uninterrupted or error free. We shall not be liable if We cannot process Your details due to circumstances beyond Our reasonable control.
5.3 The information provided on this Site is for general interest only and does not constitute specific advice. Whilst We endeavour to ensure that the information on the Site is accurate, complete and up-to-date We make no warranties or representations that this is the case.
5.4 We make no warranty or guarantee that the Site or information available on it complies with laws other than those of England.
5.5 Nothing in these Terms will be deemed to exclude Our liability to You for death or personal injury arising from Our negligence, or for fraudulent misrepresentation.
5.6 Subject to clause 5.5, We will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond Our reasonable control.
5.7 Subject to clause 5.5, We do not accept any liability for loss of Your password or account ID (as may exist from time to time) caused by a breakdown, error, loss of power or otherwise caused by or to Your computer system.
5.8 We may put in place such systems as We from time to time see fit to prevent automated programs being used to obtain unauthorised access to Our system and this Site. You are not permitted to Use automated programs for such purposes and any such Use or attempted Use by You of such automated programs is at Your own risk. Subject to clause 5.5, We shall not be liable to You for any consequences arising out of or in connection with any such use or attempted Use of automated programs to obtain unauthorised access to Our system or this Site.
5.9 Subject to clause 5.5, We accept no liability for any loss suffered as a result of Your use of this Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
5.10 Subject to clauses 5.5 to 5.8 inclusive, We shall not be liable to You for:
5.10.1 any indirect, consequential, special or punitive loss, damage, costs and expenses;
5.10.2 loss of profit;
5.10.3 loss of business;
5.10.4 loss of reputation;
5.10.5 depletion of goodwill; or
5.10.6 loss of, damage to or corruption of data.
5.11 If You are a consumer this legal notice does not affect the legal rights which You have under law which cannot be excluded or limited. If You want to know what these rights are You should contact Your local Citizens Advice Bureau 

6. YOUR ACCOUNT AND REGISTRATION:


6.1 If from time to time We offer and You have an account with Us then You are responsible for maintaining the confidentiality of this account ID and any related passwords for Your restricting access to Your computer and/or account. You agree to accept responsibility for all activities that take place under Your account ID and/or passwords. You will notify Us immediately of any unauthorised use of them or any other breach of security of this Site of which You become aware.
6.2 At Our discretion we may refuse Your application for registration. If We accept Your application for registration, we will confirm this by sending You an email containing your account ID.
6.3 Each registration is for a single user only. You may not share Your username and password with any other person nor with multiple users on a network.
6.4 You undertake that all information provided by You for the purposes of registering with us is accurate and complete.
6.5 Other than personal data or sensitive personal data about You which is covered under the terms of Our Privacy Policy any material You transmit or post to the Site shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material
6.6 We and designated third parties shall be free to copy disclose distribute incorporate and otherwise use such material and all data images sounds text and other things embodied therein for any and all commercial or non-commercial purposes
6.7 In accordance with and without prejudice to our Acceptable Use Policy You are prohibited from posting or transmitting to or from the Site any material:
(a) that is threatening defamatory obscene indecent seditious offensive pornographic abusive liable to incite racial hatred discriminatory menacing scandalous inflammatory blasphemous in breach of confidence in breach of privacy or which may cause annoyance or inconvenience or
(b) for which You have not obtained all necessary licences and/or approvals or
(c) which constitutes or encourages conduct that would be considered a criminal offence give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party in the United Kingdom or any other country in the world or
(d) which is technically harmful including without limitation computer viruses logic bombs Trojan horses worms harmful components corrupted data or other malicious software or harmful data or
(e) which facilitates Your misuse of the Site including without limitation hacking
6.8 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above prohibitions 

7. TERMINATION/BARRING USERS FROM THIS SITE:


We reserve the right to bar You from this Site and/or restrict or block Your access or use of any and all elements of our services, including without limitation terminating Your use of Your password and/or account ID, on a permanent or temporary basis at Our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.


8. ADVERTISEMENTS:


8.1 The Site may contain advertisements by third parties and these advertisements may contain links to other websites
8.2 Unless otherwise specifically stated We do not endorse any product or service or make any representation regarding the Content or accuracy of any materials contained in or linked to any advertisement on the Site 

9. INDEMNITY:


9.1 You agree to indemnify and hold Us Our officers employees agents consultants franchisees and suppliers harmless from and against any claims actions or demands liabilities and settlements including without limitation reasonable legal and accounting fees resulting from or alleged to result from Your use of the Content of the Site in a manner that violates or is alleged to violate these Terms 
9.2 We shall provide notice to You promptly of any such claim suit or proceeding and shall reasonably co-operate with You at Your expense in Your defence of any such claim 

10. FORCE MAJEURE:


We will not be liable for any delay or failure in performance or interruption of the delivery of the Content of the Site resulting directly or indirectly from any cause or circumstances beyond Our reasonable control including but not limited to failure of equipment or communication lines telephone or other interconnect problems computer viruses including logic bombs Trojan horses worms harmful components corrupted data or other malicious software or harmful data unauthorised access theft operator errors severe weather earthquakes or natural disasters strikes or other labour problems wars or governmental restrictions 

11. ACCESS OUTSIDE ENGLAND:


11.1We are based in England. Access to the Content of the Site may not be legal by certain persons or in certain countries
11.2If You access the Site from outside England You do so at Your own risk and are responsible for compliance with the Laws of Your jurisdiction
11.3Recognising the global nature of the internet You agree to comply with all local rules regarding on line conduct and acceptable content and You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which You reside 

12. NOTICES:


12.1 All notices shall be given:
12.1.1 to us, by email to info@indiajane.co.uk or by post to the address set out above
12.1.2 to You, by email to the email address that you provide to Us at the point of Your registration, as may be amended by You either by using this Site (as available from time to time) or by otherwise contacting Us with updated details.
12.2 All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received three (3) working days after the date of posting. 

13. JURISDICTION:


These Terms are governed by and construed in accordance with English Law unless You live in Scotland in which case these Terms will be governed by Scots Law and You and We irrevocably agree that the UK Courts shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms or the legal relationship established by them and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the UK Courts 

14. NOTIFICATION OF CHANGES TO THESE TERMS:


14.1We reserve the right at Our sole discretion to add to or change these Terms
14.2 If We publish any changes We will let You know by posting such changes to this page and/or by posting notification of the change to our Site homepage or by sending You an email
14.3Once We have posted any such changes it is then Your responsibility as a user to ensure that You are aware of such changes from time to time
14.4Changes will become effective 24 hours after first posting and You will be deemed to have accepted any change if You continue to access the Site after that time


© 2012 India Jane (Interiors) Limited 
All rights reserved. 

INDIA JANE PRIVACY POLICY

 

1. DEFINITIONS:


Directives EU Data Protection Directive (95/46/EC) and the subsidiary directives as implemented into English Law by the Data Protection Act 1998 as amended from time to time
Personal Information all personal data and/or sensitive personal data (as defined by the Data Protection Act 1998
Terms the conditions set out in this document including Our Terms of Use 
Third Parties as described in clause 5.1 below
Site www.indiajane.co.uk
We/Us/Our India Jane (Interiors) Limited (Company No. 04258749) whose registered office is at 275 Abbeydale Road, Wembley, Middlesex HA0 1TW and whose trading address is 92 High Street Kensington London W8 4SH
You/Your the person company or party who uses Our Site 

2. WHO ARE WE, WHAT WE DO AND GENERAL:


2.1 We provide this Site to individuals seeking to browse or purchase our products/services.
2.2 This Site is owned and operated by Us and accessible at the above Site URLs
2.3 We are the controller of all Personal Information collected on this Site
2.4 We believe strongly in protecting the privacy of all Site users and this Privacy Policy sets out how We use Your Personal Information
2.5 We will only use the Personal Information that We collect about You in full compliance with the Directives and will continue to ensure that Our policies and practices comply in all respects with any future laws and regulations as they apply to Your privacy
2.5 From time to time it may be necessary for Us to change this Privacy Policy so We suggest that You check here periodically
2.6.1 By submitting Your email address to Us You agree from time to time to receive by email Our Newsletter which We offer relating to promotional information about Our products/services or similar products/services and marketing information that We consider may be of interest to You
2.6.2 If You inform Us that You no longer wish Us to contact You this reason then We will cease contacting You
2.6.3 If You would like to change your preferences for contacts from Us You can let Us know by contacting Us by using the methods listed below.
2.7. We reiterate that by submitting Your Personal Information to Us You consent to Our use of that Personal Information as set out in this Privacy Policy. If You have any questions concerns or comments about this Privacy Policy and/or Our collection use or the accuracy of Your Personal Information or if You wish to see any of the Personal Information We hold on You or if You wish Us to stop processing Your Personal Information for any particular purpose or purposes then please contact Us by e-mail at sales@indiajane.co.uk or by writing to Us at the address above. 

3. YOUR CONSENT AND ACKNOWLEDGEMENT:


3.1 Unless You have expressly indicated otherwise Your use of the Site constitutes Your consent to the collection use and transfer of Your Personal Information under the Terms of our Privacy Policy
3.2 You acknowledge and agree that Our Website Terms of Use apply to this Privacy Policy as if reproduced here in full
3.3 If You do not agree to the terms of this Privacy Policy and those referred to in 3.2 You may not use our Site 

4. YOUR PERSONAL INFORMATION AND OUR COLLECTION AND USE:


4.1 When You send us emails including but not limited to order information and/or request Our E-Newsletter by submitting Your request to Us, We may gather Personal Information such as Your name, e-mail address, postal preferred contact media. We also gather Your telephone/mobile number(s) and any additional comments or enquiries (whether by completion of any ‘Contact’ form, as may exist from time to time or message portals or email or otherwise) that You provide voluntarily when You contact Us by (eg.,) e-mail or telephone. We may also collect information about how You use this Site including Your searches, the pages you look at, and the content of the emails You send to Us. The web server may also collect data pertaining to every visitor including the IP address the length of time spent on the Site and the pages accessed when visiting the Site. If You visit Our Site without purchasing any products/services but register to receive Our E-Newsletter or details of Our products/services, We will send them to You by ordinary post or email. If You submit Your details to Us for a specific purpose, We will retain Your details on Our databases for that specific purpose only and We may contact You for related purposes.
4.2 Our main aim in gathering Your Personal Information is to provide You with a customised service. All Personal Information collected from You is maintained on Our databases for the purposes of providing the service to You and enabling Us to contact You in the future for marketing purposes unless You tell Us not to do so.
4.3 We will process all Personal Information We collect and hold on You fairly and in accordance with applicable law and We will fully respect Your rights interests and fundamental freedoms with regard to Your Personal Information
4.4 We will only collect record share process and store Personal Information which is needed:
(a) to fulfill Our contractual obligations towards You and and/or
(b) to serve Our legitimate business interests such as administration and/or marketing and/or support and/or otherwise to help Us develop and improve Our products/services and features and/or to comply with legal requirements
(c) to respond to Your questions or enquiries by using the same method that You used to contact Us and/or
(d) to send You information about Our products/services or similar products/services marketing information and newsletters/e-newsletters relating to new products/services or similar products/services or improvements or information which We consider may be of interest to You:-
a. by electronic means where You voluntarily complete Our on-line forms or ‘opt in’ via tick box (as may exist from time to time) or submission of Your email address when requesting Our E-Newsletter or otherwise to receive the same and unless you subsequently ‘opt out’; and/or
b. by non-electronic means where We consider it may be of interest to You unless you ‘opt out’ via tick box or otherwise
4.5 We may also use aggregate Personal Information and statistics for the purposes of monitoring Site usage in order to help Us develop the Site and Our service and may provide such aggregate and anonymised Personal Information to third parties
4.6 If You inform Us that you no longer wish Us to contact You for any one or all of the reasons stated above in this clause 4.4(a) to (d) inclusive, then We will cease contacting You although You acknowledge that his may prevent Us from providing the Site or products/services to You
4.7 If at some time in the future We wish to Use Your Personal Information in ways other than those set out in this Privacy Policy and requiring Your prior consent then We will notify You about this and seek Your permission to do so 

5. WHO HAS ACCESS TO THE INFORMATION THAT YOU PROVIDE OR WE COLLECT:


5.1 For the purposes set out above at clause 4.4(a) to (d) inclusive (“Purpose”), We may from time to time share Personal Information with other companies (including those within Our group of companies including without limitation India Jane (Franchising) Limited, together with certain selected third party organisations including our franchisees and suppliers and each company within Our group’s officers, employees licensees agents distributors consultants contractors (including data processing agencies ("processors")) (“Third Parties”). We will always tell You in advance by posting information on Our Site the names of any Third Parties with which or with whom We intend to share Your Personal Information. Third Parties will process your Personal Information in accordance with this privacy policy and all privacy and communications legislation.
5.2 We will not share with sell lease or otherwise distribute Your personally identifiable Personal Information to any third party organisations other than the Third Parties without first obtaining Your permission to do so. In particular, we will not release Your Personal Information to any direct marketing agents without first obtaining Your prior consent
5.3 We do not currently transfer to Third Parties outside of the European Economic Area (“EEA”) Personal Information that we hold about you. If We do so in the future We will use all Our reasonable efforts to procure that such companies or third party organisations give binding contractual undertakings in order to ensure that Your rights with regards to any such processing and Your Personal Information will remain adequately protected.
5.4 If we need Your further specific and express consent to do so we will obtain it before transferring any Personal Information under clause 5.3 above.
5.5 We will not share Your Personal Information with any third party organisations (other than passing information to Third Parties for the Purpose having first informed You that We will do the same) without first obtaining Your permission to do so.
5.6 In all cases any use of Your Personal Information by Third Parties which has been instigated by Us will comply with this Privacy Policy
5.7 You acknowledge that We reserve the right to use or disclose any Personal Information as needed to satisfy any law regulation or legal request to protect and defend the integrity of the Site including to enforce Our Website Terms of Use, Acceptable Use Policy or this Privacy Policy and You agree to comply with Our requests and/or to cooperate in any law enforcement or regulatory investigation
5.8 If in the future a third party organisation acquires Us or substantially all of Our assets whether by merger acquisition reorganisation or otherwise You acknowledge and agree that Your Personal Information may well be one of the assets transferred
5.9 Except as otherwise set out in clauses 5.1 to 5.8 above inclusive, We do not transfer share or disclose (for profit or otherwise) Personal Information You have submitted to Us in connection with Our activities to third parties.


6. COOKIES:


6.1 We may from time to time use Cookies which enable Our own system to recognise You when You visit Our Site, personalised Your visit, to simplify the signing-in procedure, keep track of Your preferences and to track the pages You looked at while visiting our Site and therefore generally to improve Our Site and website services to You
6.2 A cookie is an alphanumeric identifier which We transfer to Your hard drive through Your web browser when You visit Our Site
6.3 Cookies may also be used to compile aggregate anonymous personal information about the areas of our Site which are visited most frequently and the characteristics of Our Site. This aggregate Personal Information can be used to enhance the content of our Site and make Your use of it easier
6.4 If You wish to remove Our cookie You may configure Your browser to do so. However if You do so You acknowledge that You may not be able to use certain features on our Site
6.5 To remove cookies from Your web browser or to obtain further details on cookies including information on persistent and session cookies please go to"www.allaboutcookies.org/manage-cookies/ 

7. PROTECTION OF YOUR PERSONAL INFORMATION AND RETENTION:


7.1 Whilst We follow strict security procedures to ensure that Your Personal Information is not damaged, destroyed or disclosed to any third party without Your permission (other than Third Parties as outlined in clause 5 above), the internet is not a secure medium and We cannot absolutely guarantee the security of Your Personal Information
7.2 We will only provide access to Personal Information on You in circumstances as set out in this Privacy Policy and We have taken appropriate steps to ensure the security of Personal Information whether it is stored in computer systems paper files or other storage media
7.3 Our information technology systems including those that store the Personal Information are kept in a secure facility with restricted physical access. Only employees or contractors or agents (as may exist from time to time) who need the Personal Information to perform a specific job are granted access to personally identifiable information. We will explicitly ask You when We need information to identify You. We may require you to co-operate with Our security checks before We disclose information to You. Further Our Site and associated databases are protected by certified firewalls and 128 bit encryption SSL in order to protect your personal information from access by unauthorised persons and against unlawful processing. The Site uses the latest technology with full backups. Password protection is provided for all registered users (as may exist from time tot time) of this Site. All outgoing and incoming email is scanned for viruses.
7.4 We will retain Your Personal Information and non personal information as appropriate for a reasonable period or for as long as is required by law
7.5 We expect the same high standards of security and confidentiality of any Third Parties We use to process data for Us 

8. YOUR RIGHTS - ACCESSING UPDATING AND RETENTION OF PERSONAL INFORMATION:


8.1 We will employ effective procedures and safeguards to ensure that the Personal Information We hold on You are adequate relevant and not excessive in relation to the purposes for which they were obtained as well as accurate and up-to-date
8.2 8Retention periods are in place to ensure that Personal Information is only stored whilst it is required for the purposes in question or to meet administrative legal or regulatory requirements. Where Personal Information is no longer required We will ensure that it is disposed of in a secure manner
8.3 You have the right to see all the Personal Information We hold on You. Should You wish to have access to all or a particular part of Your Personal Information please contact sales@indiajane.co.uk. Such access will be granted in accordance with the requirements of national legislation and subject to any discretionary allowance for Us to make a charge payable by You to cover Our administration costs incurred in providing You with such Personal Information. Such payment is to be made on application for access to Your Personal Information and is to be no more than the maximum stipulated by national legislation if applicable. The information will be forwarded to You within an appropriate period of time in accordance with national legislation but in any event no more than forty (40) days from the date of such request for access
8.4 Where any discrepancies are discovered following Your enquiry We will take immediate steps to validate and where appropriate correct Our records to ensure that Your Personal Information is accurate and kept up-to-date
8.5 We will confirm the actions taken in writing to You within an appropriate period of time in accordance with national legislation but in any event no more than 40 days after receiving Your request to amend our records 

9. LINKS TO THIRD PARTY WEBSITES:


9.1The Site may from time to time include links to third party internet websites which are controlled and maintained by others
9.2These links are included solely for Your convenience and do not constitute and endorsement by Us of the websites linked or referred to including the services featured on those websites nor do We have any control over or knowledge of any privacy practices or content of any such websites
9.3We have not reviewed these third party websites and do not make any representations regarding the availability content or accuracy of materials on such websites
9.4If You decide to access third party websites through links on the Site You do so at Your own risk
9.5Your use of third party websites is subject to any privacy policies of those websites which You should read immediately prior to submitting Personal Information to those websites