Terms of Service

These Terms of Service represent a legal agreement between you, the legal person (meaning an individual or a body corporate) specified during account set-up and/or the checkout process (you, your) and Jollee Ltd (we, our, us).

By creating an Account, using any of the Services, and/or completing the necessary action to confirm acceptance of the Terms of Service, you expressly agree that you have read and accepted these Terms of Service and the Terms of Service will be legally binding upon you.

We have aimed to make these Terms of Service as simple and plain English as possible but if you have any questions or concerns regarding the content, please contact us and we will aim to assist you.

1. Definitions

In these Terms of Service, we will use the following capitalised terms, which have the meaning given here:

"Account" means a registered user account for access to the Services;

"Buyer" means a Jollee Marketplace user acting as a buyer by viewing and purchasing one or more Marketplace Items, subject to these Terms of Service and the Terms of Sale;

"Content" means all viewable and/or downloadable content on the Jollee Marketplace, including but not limited to each Marketplace Listing, Marketplace Item, product images, samples, written and/or audio-visual content in any form whatsoever;

"Jollee Marketplace" means the website operated by Jollee Ltd, accessible at www.jollee.co.uk;

"Marketplace Item" means an item available for purchase via the Jollee Marketplace (whether physical goods, digital goods, services or otherwise), in each case as described in the corresponding Marketplace Listing;

"Marketplace Listing" means a listing for one or more Marketplace Item(s), setting out a description of the Marketplace Item, any associated delivery or performance details, the Seller's details, and any special terms or policies applied by the Seller (for example in relation to redemption, fulfilment, cancellation, returns and/or refunds);

"Seller" means a Jollee Marketplace user that is registered to act as a seller of Marketplace Items, subject to the Seller Terms;

"Seller Terms" means the terms and conditions applicable to the Sellers and the use of their accounts, creation and publication of Marketplace Listings, and conduct of sales of Marketplace Items, available here;

"Services" means the provision by Jollee of the Jollee Marketplace, the administration of the sale and purchase of Marketplace Items and associated payments, in accordance with these Terms of Service and associated terms; and

"Terms of Sale" means the terms of sale applicable to each purchase of a Marketplace Item via the Jollee Marketplace, accessible here.

2. Your personal data

When you access and use the Jollee Marketplace and Services, you may provide us with personal data regarding you and your circumstances. For example, when registering an Account, you will be asked to provide your name, email address and other contact information; and you may provide additional information when acting as a Buyer or Seller. We will hold and process this personal data in accordance with our privacy policy, which you can read here.

By using the Services, you also agree that personal data relating to you and/or provided by you may be shared with other Jollee Marketplace users that you interact with. In particular, we will need to share information between Buyers and Sellers in relation to transactions entered into between them, to allow for delivery of the Marketplace Items and contact between Buyers and Sellers. We are not responsible for the use of your personal data by other users.

You agree that we may use the contact information you provide to communicate with you from time to time regarding the Services, Marketplace Items and related goods and services that may be of interest to you. In relation to any general marketing communications, you will be given the option to unsubscribe in each communication we send. This will remove you from the list for such general marketing communications but you may continue to receive specific notifications and updates regarding your Account, the Services and transactions that you have entered into.

3. Account access and licence

Some of the Services accessible via the Jollee Marketplace will require you to register an Account. By registering an Account you agree that all information provided by you is complete, true and accurate, and that:

• if acting as a Seller, you are acting in the course of business and will use the Account for your own internal business purposes only;
• if acting as a Buyer, the Account is for your own personal use and you are at least eighteen (18) years of age; and
• you are resident in the United Kingdom, as the Jollee Marketplace is only intended for use in the United Kingdom. Any Accounts created and/or orders for Marketplace Items placed from outside of the UK may be cancelled.

In consideration of you agreeing to abide by these Terms of Service, we grant you a non-transferable, non-exclusive licence to access the Jollee Marketplace, and use the Services, subject to these Terms of Service. We reserve all other rights.

We may modify or terminate any of the Services or your access to any part of the Services for any reason, without notice, at any time, and without liability to you. Where reasonably practicable to do so, we may give prior notice of any material modifications or termination of any of the Services.

You are fully responsible to us and to third parties for any activity that occurs through your Account. You agree to keep your Account credentials private and safe. You must not disclose them to any third party. If you become aware, or suspect, that a third party has obtained access to your Account, you must notify us immediately at [email protected]. We reserve the right to suspend or permanently disable access to any Account we reasonably believe has been shared with, or accessed by, an unauthorised third party.

You agree you will not sell, transfer, license, assign or otherwise dispose of any rights in and to your Account or any rights or obligations hereunder.

You agree to update your Account information as and when necessary to maintain its truth and accuracy.

4. Jollee Marketplace & Account usage restrictions

Except as expressly set out in these Terms of Service, you agree:

• not to copy the Jollee Marketplace or any Content available via the Jollee Marketplace except where such copying is incidental to normal use of the Services, or where it is necessary for the purpose of back-up or operational security;
• not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any part of the Jollee Marketplace or Services (including any software comprised therein);
• not to make alterations to, or modifications of, the whole or any part of the Services, or permit the Jollee Marketplace or any part of it to be combined with, or become incorporated in, any other programs;
• not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Jollee Marketplace with another software program, and provided that the information obtained by you during such activities:
  • is used only for the purpose of achieving inter-operability of the Jollee Marketplace with another software program;
  • is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
  • is not used to create any software that is substantially similar to the Jollee Marketplace;
• not to provide or otherwise make available the Jollee Marketplace in whole or in part (including object and source code), in any form to any other person without prior written consent from us; and
• to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Jollee Marketplace or any Service.

5. Your use of the Services

You promise to us that any Content that you upload, post, share and/or disclose via the Services is owned by you or licensed to you (with the right to share and sub-license it via the Services), and that you have the right to grant the licences to such Content as per these Terms of Service.

You must:

• not use any part of the Jollee Marketplace or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Jollee Marketplace, Services and/or any operating systems;
• not infringe our intellectual property rights or those of any third party, in relation to your use of the Jollee Marketplace and/or Services, including by the submission of Content;
• not transmit or post any Content that is defamatory, offensive or otherwise objectionable, including but not limited to Content that includes anything of a violent, pornographic, discriminatory, unlawful, hateful or sexual nature, in relation to your use of the Jollee Marketplace and Services;
• not use the Services for any illegal purpose or in any way other than in accordance with these Terms of Service and any associated terms applicable to you. You agree to comply with all laws, rules and regulations applicable to your use of the Services and your Content;
• be solely responsible for your conduct and any Content that you submit, post or display on or via the Services;
• not create Accounts through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;
• not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms of Service or any other terms applicable to the use of the Jollee Marketplace and Services;
• not use the Jollee Marketplace or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
• not use, distribute, sub-license or otherwise commercially exploit any Content posted or owned by others for business purposes; and/or
• not collect or harvest any information or data from any part of the Services or our systems or attempt to decipher any transmissions to or from the servers running the Jollee Marketplace or Services.

6. Interactions with other users

You understand and agree that we cannot and will not be responsible for the Content posted on the Services by users, or for the conduct of other users, and your use of the Services is entirely at your own risk. In particular, we do not control or pre-screen any Content posted by Sellers (including Marketplace Listings) and do not guarantee or endorse any such Content or the Marketplace Items made available by Sellers.

We may, but shall have no obligation to, remove, edit, block, and/or monitor Content or Accounts posting Content that we determine in our sole discretion violates these Terms of Service. If you become aware of any Content which you believe may violate these Terms of Service, please contact us immediately at [email protected].

You are solely responsible for your interaction with other users of the Services. We reserve the right, but shall have no obligation, to monitor or become involved in disputes between you and other users and take such action as we deem necessary.

7. Intellectual property & other rights

You acknowledge that all intellectual property rights in the Jollee Marketplace and Services anywhere in the world belong to us or our licensors, that rights in the Jollee Marketplace are licensed (not sold) to you, and that you have no rights in, or to, the Jollee Marketplace or Services, other than the right to use each of them in accordance with these Terms of Service.

You agree not to use our name, logo or any other trade mark owned or used by us without our express written permission. You also agree that you will not (i) use our name, logo or trade marks in any unlawful, offensive or disparaging manner; or (ii) create, register, use or exploit any name that is the same or confusingly similar as ours.

You acknowledge that you have no right to have access to the Jollee Marketplace in source-code form.

You remain the legal owner of any Content you upload and post via the Services. By uploading, posting, sharing or disclosing any of your Content via the Services, you grant us a non-exclusive, royalty-free, transferable, sub-licenseable, perpetual, worldwide licence to use, adapt, modify, enhance or create derivative works from such Content, subject to these Terms of Service, as necessary or desirable for the purposes of providing, improving, expanding and promoting the Jollee Marketplace and Services.

You acknowledge and agree that posting Content via the Services makes such Content available to other users, who may view, interact with and share such Content, whether via the Services or otherwise. We are not responsible for other users' use of the Content and we disclaim any liability in relation to the same.

We reserve the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by us, including, without limitation, to comply with certain legal obligations and our contractual obligations. We encourage you to maintain your own backup of your Content and you agree that you will not rely on the Services for backup or storage purposes.

You agree that your Content is non-confidential and we will not be liable for any use or disclosure of Content via the Services or by other users.

8. Reporting unauthorised Content

If you believe that any of the Content (including any Marketplace Item and/or Marketplace Listing) infringes upon any copyright or other intellectual property that you own or control, please notify us at [email protected]. Your notification should include as much information as possible, including:

• a full description of the infringing Content, with weblinks or other identifiers to enable us to locate the relevant Content;
• details of the rights being infringed, including identification of the original work or, in the case of multiple infringing materials, a list of the works; and
• your contact information, so that we are able to respond to you.

We will review any notification of infringement as quickly as possible and let you know if further information is required. If we are satisfied that a notification contains the required information and meets our policy requirements, we will remove or disable the relevant Content.

The notification and review process described above does not constitute a legal process or legal advice. In removing or disabling Content, or refusing to do so, we are not making a legal determination as to whether any Content does in fact infringe the rights of any third party.

There may be a specific legal notification process in your jurisdiction, which you may follow as an alternative to this process and we will do our best to co-operate with such notification process in accordance with the law.

9. Warranties disclaimer

The Jollee Marketplace and Services, and all Content and materials contained or available therein, are provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither we nor any of our group companies, employees, officers or agents, make any representations or warranties of any kind, whether express or implied, as to:

• the Services;
• any user Content, including Marketplace Items, Marketplace Listings, and associated descriptions; or
• any Marketplace Item purchased, including as to quality and/or fitness for purpose of such Marketplace Items (for your rights in relation to Marketplace Items, please review the Terms of Sale and the particular Marketplace Listing for that Marketplace Item).

The Jollee Marketplace and Services provide a marketplace, connecting Sellers and Buyers and facilitating the sale of Marketplace Items, but we do not own or control the Marketplace Items and do not accept any liability or responsibility for them or their use. The Marketplace Listings are uploaded and made available at the discretion of the applicable Seller. There is no guarantee that such Marketplace Listings and/or Marketplace Items will be or remain available, and Seller policies regarding availability, ordering, delivery and returns may change from time to time.

10. Liability

Subject to any alternative liability provisions in the other terms and conditions applicable to your use of the Jollee Marketplace and Services, and except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:

• (a) losses that:
  • (i) were not foreseeable to you and us when these Terms of Service were formed; or
  • (ii) that were not caused by any breach on our part; or
• (b) any loss of profit, business, revenue, contracts, business opportunity, anticipated savings or wasted expenditure.

11. Termination

Without prejudice to our other rights and remedies under these Terms of Service and in law, we may suspend or terminate our contract with you and delete your Account immediately by written notice to you:

• if you commit a material or persistent breach of these Terms of Service and/or the Terms of Sale or Seller Terms (depending on which is applicable to you); or
• if you are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, make any voluntary arrangement with your creditors or become subject to an administration order or serve notice of administration, or have a receiver, manager or administrative receiver appointed over your assets or (being an individual) shall become bankrupt or (being a company) shall have a winding-up order made or shall go into liquidation.

On termination for any reason:

• all rights granted to you under these Terms of Service shall cease and you must immediately cease all activities authorised by these Terms of Service, including your access to any Account(s) and/or use of any Services;
• we may deactivate and/or delete your Account and you agree not to attempt to access your Account, or create any other user account without our prior written consent;
• if you are a Buyer, you will be responsible for dealing directly with the Seller(s) in connection with any Marketplace Items purchased by you prior to access to your Account being terminated; and
• if you are a Seller, we will cease offering your Marketplace Items for sale via the Jollee Marketplace and shall settle any outstanding payments due to you as soon as reasonably practicable following termination (subject to any deduction or withholding we may be required or entitled to make).

12. Other important terms

If we fail to insist that you perform any of your obligations under these Terms of Service, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the clauses in these Terms of Service operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

We shall have no liability to you for any breach of these Terms of Service caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

Except as expressly provided elsewhere in these Terms of Service, no one other than a party to these Terms of Service has any right to enforce any of these Terms of Service.

We reserve the right to vary any of these Terms of Service from time to time. Our updated terms will be displayed on the Jollee Marketplace and by continuing to use and access the Jollee Marketplace following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms of Service from time to time to verify such variations.

These Terms of Service and any dispute arising out of or in connection with them shall be subject to English law. If either party wants to take court proceedings, the English courts will have exclusive jurisdiction in relation to these Terms of Service. This is subject to any right that you have as a consumer to have any dispute settled in another part of the United Kingdom in which you reside.

If applicable, and to the extent permissible by law, each of us (i) waives any right we may have to trial by jury; and (ii) agrees that any claim shall be brought individually and not via any purported class or representative action.