Last updated: July 06, 2016
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully beforeusing the Luckies Hologram Viewer mobile application (the “Service”) operated by Luckies ofLondon Ltd (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliancewith these Terms. These Terms apply to all visitors, users and others who access or use theService.
By accessing or using the Service you agree to be bound by these Terms. If you disagree withany part of the terms then you may not access the Service.
You are encouraged to familiarise yourself with your rights contained within the Sale of GoodsAct 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer ContractsRegulations 1999.
If you wish to purchase any product or service made available through the Service(“Purchase”), you may be asked to supply certain information relevant to your Purchase including,without limitation, your credit card number, the expiration date of your credit card, your billingaddress, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or otherpayment method(s) in connection with any Purchase; and that (ii) the information you supply to usis true, correct and complete. You expressly agree that Luckies of London Ltd is not responsiblefor any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to thirdparties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including butnot limited to: product or service availability, errors in the description or price of the product orservice, error in your order or other reasons. You expressly agree that Luckies of London Ltdcannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegaltransaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The productsor services available on our Service may be mispriced, described inaccurately, or unavailable, andwe may experience delays in updating information on the Service and in our advertising on otherweb sites. You expressly agree that any such offer of a product or service does not constitute alegal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, includingprices, product images, specifications, availability, and services. We reserve the right to change orupdate information and to correct errors, inaccuracies, or omissions at any time without priornotice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutoryrights.
Our Service allows you to post, link, store, share and otherwise make available certaininformation, text, graphics, videos, or other material (“Content”). You are responsible for theContent that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publiclyperform, publicly display, reproduce, and distribute such Content on and through the Service. Youretain any and all of your rights to any Content you submit, post or display on or through theService and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right touse it and grant us the rights and license as provided in these Terms, and (ii) the posting of yourContent on or through the Service does not violate the privacy rights, publicity rights, copyrights,contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate,complete, and current at all times. Failure to do so constitutes a breach of the Terms, which mayresult in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and forany activities or actions under your password, whether your password is with our Service or athirdparty service.
You agree not to disclose your password to any third party. You must notify us immediatelyupon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfullyavailable for use, a name or trade mark that is subject to any rights of another person or entityother than you without appropriate authorization, or a name that is otherwise offensive, vulgar orobscene. You expressly agree that we cannot be held liable for any loss or damage arising out ofany misrepresentations you make in this regard.
Intellectual PropertyThe Service and its original content (excluding Content provided by users), features andfunctionality are and will remain the exclusive property of Luckies of London Ltd and itslicensors. The Service is protected by copyright, trademark, and other laws of both the UnitedKingdom and foreign countries. Our trademarks and trade dress may not be used in connectionwith any product or service without the prior written consent of Luckies of London Ltd.
When you upload content, you give to Luckies of London Ltd a worldwide, nonexclusive,royaltyfree, transferable licence (with right to sublicence) to use, reproduce, distribute, preparederivative works of, display, and perform that Content in connection with the provision of theService and otherwise in connection with the provision of the Service and Luckies of London Ltdbusiness.
Links To Other Web Sites
Our Service may contain links to thirdparty web sites or services that are not owned orcontrolled by Luckies of London Ltd.
Luckies of London Ltd has no control over, and assumes no responsibility for, the content,privacy policies, or practices of any third party web sites or services. You further acknowledge andagree that Luckies of London Ltd shall not be responsible or liable, directly or indirectly, for anydamage or loss caused or alleged to be caused by or in connection with use of or reliance on anysuch content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, forany reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish toterminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survivetermination, including, without limitation, ownership provisions, warranty disclaimers, indemnityand limitations of liability.
You agree to defend, indemnify and hold harmless Luckies of London Ltd and its licensee andlicensors, and their employees, contractors, agents, officers and directors, from and against any andall claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but notlimited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, byyou or any person using your account and password; b) a breach of these Terms, or c) Contentposted on the Service.
Limitation Of Liability
In no event shall Luckies of London Ltd, nor its directors, employees, partners, agents,suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitivedamages, including without limitation, loss of profits, data, use, goodwill, or other intangiblelosses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) anyconduct or content of any third party on the Service; (iii) any content obtained from the Service;and (iv) unauthorized access, use or alteration of your transmissions or content, whether based onwarranty, contract, tort (including negligence) or any other legal theory, whether or not we havebeen informed of the possibility of such damage, and even if a remedy set forth herein is found tohave failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “ASAVAILABLE” basis. The Service is provided without warranties of any kind, whether express orimplied, including, but not limited to, implied warranties of merchantability, fitness for a particularpurpose, noninfringement or course of performance.
Luckies of London Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) theService will function uninterrupted, secure or available at any particular time or location; b) anyerrors or defects will be corrected; c) the Service is free of viruses or other harmful components; ord) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision ofthese terms, under no circumstances will Luckies of London Ltd ever be liable to you or any otherperson for any indirect, incidental, consequential, special, punitive or exemplary loss or damagearising from, connected with, or relating to your use of the Service, these Terms, the subject matterof these Terms, the termination of these Terms or otherwise, including but not limited to personalinjury, loss of data, business, markets, savings, income, profits, use, production, reputation orgoodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether incontract, tort, strict liability or any other theory or law or equity), regardless of any negligence orother fault or wrongdoing (including without limitation gross negligence and fundamental breach)by Luckies of London Ltd or any person for whom Luckies of London Ltd is responsible, and evenif Luckies of London Ltd has been advised of the possibility of such loss or damage beingincurred.
These Terms shall be governed and construed in accordance with the laws of England andWales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver ofthose rights. If any provision of these Terms is held to be invalid or unenforceable by a court, theremaining provisions of these Terms will remain in effect. These Terms constitute the entireagreement between us regarding our Service, and supersede and replace any prior agreements wemight have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If arevision is material we will try to provide at least 30 days notice prior to any new terms takingeffect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree tobe bound by the revised terms. If you do not agree to the new terms, you must stop using theservice.
If you have any questions about these Terms, please contact us.