Terms and Conditions
Terms and Conditions effective from 01 November 2015
These Terms and Conditions together with our other specific Privacy & Cookies Policy apply as between you (the User) and Endource Trading Limited (the owner and operator of the Site and/or Applications [as defined below], also referred to as ‘Endource’, ‘we’, ‘us’ and ‘our’ in these Terms) in connection with your use of the Site and Applications and how we process Orders which you wish to make with third party suppliers of clothing and other fashion related items. These Terms apply whether you are a visitor to the Site as well as if you create an Account with us and become a Member. These Terms govern your access to and use of the Site, Applications and Services and all Content (defined below), and constitute a binding legal agreement between you and us.
By accessing or using the Site, Applications or Services you acknowledge that you have read, understood and agree to be bound by these Terms. Endource reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Applications or Services (in whole or in part) or to modify these Terms, at any time and without prior notice.
Your agreement to comply with and be bound by these Terms is deemed as provided upon your first use of the Site or Application. If you do not agree to be bound by these Terms, you should stop using the Site or Application immediately, as your continued use will indicate your acceptance of these Terms.
1) Definitions used in these Terms
- "Acceptance" means the process by which Endource accepts a Member’s offer to purchase a product advertised for purchase via the Site, as set out in detail in clause 6 of these Terms;
- "Account" means collectively the personal information, payment information and credentials used by Members to access the Service and / or any communications System on the Site or Applications;
- "Applications" mean the software applications published by or on behalf of Endource developed to operate on handheld and /or mobile devices through which the Services can be accessed on such devices;
- "The Endource Service" means the bespoke service offered by Endource to its Premium Members as more specifically described on the Site and in the Applications by which Endource offers to source stock and make payments for Products on behalf of and as agent of Premium Members in return for the Handling & Delivery Fee;
- "Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site or Application, including the infrastructure used to provide such content;
- "Endource" means Endource Trading Limited (registered in England & Wales under company number 09183764) and whose registered office is situated at Endource Ltd, N001A, Vox Studios, 1-45 Durham Street, London SE11 5JH
- "Endource Content" means all Content that Endource makes available through the Site, Applications or Service, including any Content licensed from a third party;
- "Handling & Delivery Fee" means the fee charged to Premium Members to cover the cost of the Endource Service and the delivery charges levied by the Product Providers in relation to Orders at the rate or rates set out on the Site and the Applications from time to time;
- "Members" means Users who have chosen to become and been accepted as members of Endource by completing our account registration process, as described under "Account Registration" below;
- "Order" means a request by a Member to purchase one or more Products using the Service;
- "Premium Members" means Members who place an Order through the Endource Service;
- "Products" mean any fashion-related product details of which are published to Members via the Service including but not limited to clothing, footwear, watches, jewellery and fashion accessories;
- "Product Providers" mean third party providers and/or retailers of Products;
- "Service" means collectively any online facilities, tools, services or information that Endource makes available through the Site or Applications either now or in the future;
- "Site" means the website that you are currently using www.endource.com and any sub-domains of this site unless expressly excluded by their own terms and conditions;
- "SNS" means third party social networking sites including but not limited to Twitter and Facebook;
- "System" means any online communications infrastructure that Endource makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
- "Terms" means these Terms and Conditions;
- "User" / "Users" means any third party that accesses the Site and/or the Applications and is not employed by Endource and acting in the course of their employment.
The Site, Applications and Services are intended solely for persons who are 13 or older and solely subject to and in compliance with these Terms. Any access to or use of the Site, Applications or Services by anyone under 13 is expressly prohibited. By accessing or using the Site, Applications or Services you represent and warrant that you are 13 or older.
Any User who wishes to place an Order must be legally capable of entering into a legally binding contract within the country from where the User accesses the Site, Applications or Services and if you are under the age of 18 but are 13 or older, you must have the consent of your parent or guardian to place an Order.
By placing an Order you warrant that you have the legal capacity to do so and are not prevented from doing so by any applicable rules, laws or regulations.
3) Account Registration
You will not share your password, let anyone else access your Account, or do anything else that might jeopardise the security of your Account. You will not transfer your Account to anyone without first getting our written permission.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
5) Intellectual Property Rights and Ownership
The Site, Applications, Services and Content are protected by copyright, trademark, and other laws of England and the laws of other territories and countries (where applicable).
To the extent permitted by applicable law, Endource or its licensees owns all right, title and interest in and to the Site, Applications, Services and Content, including all associated intellectual property rights.
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Applications, Services or Content.
All trademarks, service marks, logos, trade names and any other proprietary designations of Endource used herein are trademarks or registered trademarks of Endource or its associated companies. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
All such trademarks, service marks or trade names may not be reproduced, copied, downloaded or otherwise exploited without the permission of Endource or the relevant owner.
What Endource does:
When you discover an item you would like to buy, simply select the size and colour (if an available option) and then click on the ‘Add to Shopping Bag’ button on the product page. You can add as many different items as you like to your shopping bag.
Once you have selected everything you would like to buy, click on the shopping bag icon at the top right of the page to review your order summary.
If you are shopping from the UK for products that are available for standard UK delivery, there are two ways you can buy on Endource: -
- The Endource service
- Simply click on the ‘Checkout’ button on the order summary page to purchase all the items in your shopping bag direct on Endource in a single checkout.
- Buying direct from retailer -
If you do not wish to take advantage of our Endource service then click on the ‘Retailers' site’ tab. Each item has a ‘Shop at store’ button that will take you directly to the retailer’s website to complete your transaction.
If you are shopping from outside of the UK, only the second option ‘Buying direct from retailer’ is currently available. Products that are not available for standard UK delivery are highlighted as an ‘Overseas Retailer’. You will not be able to add these products to your shopping bag. Click on the ‘Shop at store’ button on the product page to take you directly to the retailer’s website to complete your transaction.
Where reasonably available, Endource will provide Members with product and sizing information (including stock availability) for Products and where specific data is not available from the Product Provider, a standard UK sizing chart shall also be provided.
Only Products being offered in GB Pounds Sterling will be available for standard UK delivery.
We try and avoid errors in our Product descriptions and listed Product prices. However, we reserve the right to correct any errors in Product descriptions or Product prices before Acceptance of your Order.
For the avoidance of doubt, Endource reserves the right to alter or amend the details of a Product or withdraw a Product at any time up to the point of Acceptance in the event that it is aware of any error or omission relating to the details of the Product or in the event that it receives a request to do so from the Product Provider.
Making and Acceptance of an Order (No Endource Service):
The publication of Products on the Site or Applications constitutes an ‘invitation to treat’ and a Member’s Order for Products constitutes a contractual offer. No contract will come into force between a Member and Endource unless and until there has been Acceptance by Endource of the Order placed by the Member.
For Acceptance to take place, the following steps will need to be completed:
(i) The Member will need to place one or more Products in its Shopping Basket and proceed to check-out.
(ii) The Member will then be re-directed to the website(s) of the applicable Product Provider in order to complete the purchase of the Product from the Product Provider directly and such purchase shall be subject to the terms and conditions of the applicable Product Provider which the Member will need to accept before completing the purchase.
(iv) Payment for the Product will be made directly to the Product Provider and Endource shall have no involvement or liability in relation to the processing of the payment information.
(vi) Once an Order has been placed by the Member with the Product Provider and accepted by the Product Provider, a contract will be formed between the Member and the Product Provider. Endource is not a party to that contract and will have no responsibility or liability in relation to the fulfilment of the Order by the Product Provider.
(vii) The Member must direct all queries in relation to the Order including tracking, delivery or returns to the Product Provider and not to Endource.
(viii) Once an Order has been accepted by the Product Provider, the Order will be deemed Accepted by Endource and this will conclude the Service provided by Endource in relation to the Order and Endource shall have no further liability towards the Member in relation to the Order.
Using our Full Endource Service:
If you place an Order using our full Endource Service, the following additional terms will apply in place of the ‘Making and Acceptance of an Order (No Endource Service)’:
Making and Acceptance of an Order (Full Endource Service):
The publication of Products on the Site or Applications constitutes an ‘invitation to treat’ and a Member’s Order for Products using our full Endource Service constitutes a contractual offer. No contract will come into force between a Member and Endource unless and until there has been Acceptance by Endource of the Order placed by the Member.
For Acceptance to take place under the full Endource Service, the following steps will need to be completed:
(i) The Member will need to place one or more Products in its Shopping Basket and confirm that it wishes to use the Endource Service to complete its Order. By placing an Order through the Endource Service the Premium Member acknowledges and accepts that the provision of the Products will be subject to the terms and conditions of the Product Provider(s) with whom Endource places the Order as agent for and on behalf of the Premium Member.
(ii) Endource will advise the Premium Member of: (a) the estimated cost per Product; (b) the applicable Handling & Delivery Fee payable and (c) the total estimated cost for the Order (the Total Estimated Order Cost).
(iii) By placing the Order through the Endource Service, the Premium Member authorises Endource to take the following steps on behalf of the Premium Member:
(a) to authorise payment on the Premium Member’s payment card for the Total Estimated Order Cost;
(b) to create a unique Endource e-mail address for the Premium Member for the purpose of Endource using that unique address to place orders for the Products comprised in the Order with the Product Providers as agent for and on behalf of the Premium Member;
(c) to place orders with Product Providers as agent for and on behalf of the Premium Member, subject to these Terms and subject to the terms of the applicable Product Provider(s);
(d) to accept the terms and conditions of the applicable Product Providers listed on Endource’s Site as agent for and on behalf of the Premium Member;
(e) to disclose to the Product Provider personal information of the Premium Member to the extent required to enable the Product Provider to fulfil the Order including but not limited to name, delivery address, contact telephone number and/or mobile telephone number of the Premium Member;
(f) to provide the billing address of the Premium Member to the Product Provider as the billing address for the purposes of the Order when Endource places the Order with the Product Provider as agent for the Premium Member.
(iv) The Premium Member will provide payment information to Endource to include:
(a) full name of cardholder;
(b) e-mail address of cardholder;
(c) delivery address (please note that this will have to be an address in the UK to enable use of the Endource Service);
(d) payment card details (please note payment is only available via properly authorised PayPal accounts, debit or credit cards, payment by applepay etc will not be accepted);
(e) payment card billing address
(v) Endource will obtain authorisation for the Total Estimated Order Cost from the payment card provided (please note, payment will not be taken at this stage, only authorised).
(vi) Once payment is authorised, Endource will send an e-mail to the Premium Member acknowledging the Order (including the provision of an unique order acknowledgement code).
(vii) Endource will then attempt to source the Products contained in the Order from one or more Product Providers previously listed on the Site and/or the Application as agent for and on behalf of the Premium Member.
(viii) If Endource is successful in sourcing all the Products for the Premium Member at the Total Estimated Order Cost (or less) it will:
(a) calculate the final exact total order cost (the Total Final Order Cost) and submit the Total Final Order Cost for settlement on the Premium Member’s payment card. (At no stage will the Total Final Order Cost exceed the Total Estimated Order Cost);
(b) place the order for the Products with one or more Product Providers as agent for and on behalf of the Premium Member;
(c) accept the terms and conditions of the Product Provider(s) as agent for and on behalf of the Premium Member and wherever the option is available, Endource will endeavour to ensure that the Premium Member is not signed up to receive information or communications from third parties other than the Product Provider;
(d) make payment to the Product Provider on behalf of the Premium Member;
(e) send an e-mail to the Premium Member confirming the details of the Order and advising of the identity of the applicable Product Provider(s).
(ix) Once an order confirmation is received from the Product Provider(s) confirming that the Order can be fulfilled and has been accepted by the Product Provider, the Order placed by the Premium Member will be deemed to be Accepted and a binding contract will exist between the Product Provider and the Premium Member in relation to the Order. Endource is not a party to that contract and will have no responsibility or liability in relation to the fulfilment of the Order by the Product Provider. Endource will send an e-mail to the Premium Member to confirm the Acceptance of the Order.
(xi) Endource will provide the Premium Member with access to a Premium Member portal through which the Premium Member could track the Order by reference to communications from Endource to the Premium Member and by reference to e-mails and other communications sent by the Product Provider to the Premium Member via the unique e-mail address referred to in (iii)(b) above. Where a new message is added to the Premium Member’s message centre in the portal, Endource will send the Premium Member a notification e-mail to advise them of the new message.
(xii) If Endource is unable to source some or all of the Products owing to stock or price fluctuation but it is able to source part of the Order, it will proceed with placing the part of the Order it is able to source and the remaining part of the Order will be cancelled.
Payment Terms for the Endource Service:
We only accept payments by PayPal, credit or debit card. For your convenience and in order to safeguard your payment information all payments are transacted through the secure server of our on-line payment processing provider and once you have entered all relevant information correctly payments will be processed in accordance with the procedures set out above.
Details of the Total Final Order Cost will be included in your Order confirmation e-mail and may be accessed at any time via your message centre within order history.
When paying bills, time is of the essence and we ask you to ensure that your card details are valid and that you have sufficient funds available.
In the event that a payment fails we will ask you to provide updated payment details. We may temporarily suspend your Account if you do not provide valid payment card details.
If you have any query about an amount that has been charged by us to your card, please contact us straight away. In the event that we find a payment has been taken in error we will refund the amount immediately to your credit or debit card. Refunds are at the sole discretion of Endource.
Returns and Refunds:
The return of Products shall be subject to the returns policy of the applicable Product Provider save that any item ordered under the Endource Service will not be able to be returned in store for a full refund as the Premium Member will not be the cardholder for the purpose of any refund.
Under the non-Endource Service, refunds will be made to the Member, subject to the terms and conditions of the applicable Product Provider. Under the terms of the Endource Service, refunds will be made to Endource by the Product Provider and Endource shall pass on any refund to the payment card of the Premium Member net of the Handling & Delivery Fee.
7) Application License
If you decide to use an Application, subject to your compliance with these Terms and subject to the terms of the App Store through which you download the Application, Endource grants you a limited non-exclusive, non-transferable, revocable license, without the right to sublicense, for you to install, access and use such Application on a mobile device that you own or control, solely for your personal and non-commercial purposes. Endource reserves all rights in the Applications not expressly granted to you by these Terms.
8) Endource Content License
Subject to your compliance with these Terms, Endource grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Endource Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Applications, Services, or Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Endource or its licensors, except for the licenses and rights expressly granted in these Terms.
9) General Prohibitions
You agree not to do any of the following, either directly or indirectly: Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Content, software, products, services or other intellectual property obtained from or through this Site, without our express written consent. Use, display, mirror or frame the Site or Applications, or any individual element within the Site or Applications, the Endource name, any Endource trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent. Access, tamper with, or use non-public areas of the Site or Applications, our computer systems, or the technical delivery systems of our providers. Attempt to probe, scan, or test the vulnerability of any Endource system or network or breach any security or authentication measures. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Endource or any of our providers or any other third party (including another user) to protect the Site, Applications or Content. Attempt to access, monitor, search, copy, download or scrape the Site, Applications, or Content, for any purpose, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like), or through the use of any manual process, other than the tools provided by Endource within the Site or by means of generally available third party web browsers, without our express written permission. Take any action that is harmful to, inconsistent with or disruptive of the Site or Applications, and/or the beneficial use and enjoyment of the Site by its users, including but not limited to any form of unauthorised automated traffic or scripted scraping, or taking any action that may impose, in our discretion, an unreasonable load on our infrastructure. Access or use the Site, Applications, or Content, to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any website, program, application, service, device, technology, product, or computer program that competes with, or enables or provides access to, use of, operation of or interoperation with, the Site or Applications. Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation. Use any meta tags or other hidden text or metadata utilising a Endource or Endource trademark, logo URL or product name without Endource’s express written consent. Use the Site, Applications or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Applications, or Content to send altered, deceptive or false source-identifying information. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Applications or Content. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Applications. Collect or store any personally identifiable information from the Site or Applications from other users of the Site or Applications without their express permission. Impersonate or misrepresent your affiliation with any person or entity. Violate any applicable law or regulation. Encourage or enable any other individual to do any of the foregoing. Endource reserves the right, at any time and without prior notice, to remove or disable access to any Content that Endource, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Applications or Services.
Endource is an independent company and not connected or associated with the publications listed on our site.
11) Change or Termination
We may, without prior notice, change the Site, Applications or Services, stop providing the Site, Applications or Services, or create usage limits for the Site, Applications or Services. We may permanently or temporarily terminate or suspend your access to the Site, Applications or Services without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Site, Applications or Services for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SITE, APPLICATIONS, SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ENDOURCE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ENDOURCE MAKES NO WARRANTY THAT THE SITE, APPLICATIONS, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. ENDOURCE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR CONTENT OBTAINED THROUGH THE SITE, APPLICATIONS OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, APPLICATIONS OR SERVICES.
You agree to defend, indemnify, and hold Endource, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: i. Your access to or use of the Site, Applications, Services or Content, ii. Your violation of these Terms.
14) Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATIONS, SERVICES AND CONTENT REMAINS WITH YOU. NEITHER ENDOURCE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATIONS, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATIONS, SERVICES, CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENDOURCE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL ENDOURCE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATIONS, SERVICES OR CONTENT EXCEED ONE HUNDRED EUROS (€100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ENDOURCE AND YOU BUT SHALL NOT APPLY TO THE EXTENT RESTRICTED BY LAW.
The Service is controlled and operated from our facilities in the United Kingdom. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United Kingdom and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United Kingdom.
15) Endource Application from iTunes
The following applies to any Applications accessed through or downloaded from the Apple iTunes Store ("iTunes Sourced App"): You acknowledge and agree that: i. These Terms are concluded between you and Endource only, and not Apple, and ii. Endource, not Apple, is solely responsible for the iTunes Store Sourced App and content thereof. Your use of the iTunes Store Sourced App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Application with respect to the iTunes Store Sourced App. In the event of any failure of the iTunes Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the iTunes Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes Store Sourced App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Endource. You and Endource acknowledge that, as between Endource and Apple, Apple is not responsible for addressing any claims by you or any third party relating to the iTunes Store Sourced App or your possession and use of the iTunes Store Sourced App, including, but not limited to: i. Product liability claims ii. Any claim that the iTunes Store Sourced App fails to conform to any applicable legal or regulatory requirement or. iii. Claims arising under consumer protection or similar legislation. You and Endource acknowledge that, in the event of any third party claim that the iTunes Store Sourced App or your possession and use of that iTunes Store Sourced App infringes that third party’s intellectual property rights, as between Endource and Apple, Endource, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Endource acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the iTunes Store Sourced App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the iTunes Store Sourced App against you as a third party beneficiary thereof. Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the iTunes Store Sourced App.
16) Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.
17) Notification Procedures
We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
18) Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Endource and you regarding the Site, Applications, Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Endource and you regarding the Site, Applications, Services and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Endource’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Endource may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Endource: i. via email (in each case to the address that you provide) ii. by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
21) Infringement Notification
It is Endource's policy to block access to or remove material that it discovers to be copyrighted material that has been infringed through the Services. If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to email@example.com: A physical or electronic signature of a person authorised to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Endource is capable of finding and verifying its existence; Contact information about the notifier including address, telephone number and, if available, email address; A statement that the notifier has a good faith belief that the material identified in (3) is not authorised by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorised to make the complaint on behalf of the copyright owner. Once bona fide infringement notification is received it is Endource's policy to remove or disable access to the infringing material.
22) General & Update to these Terms
The failure of Endource to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Endource. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
We reserve the right to update these Terms at any time as we deem necessary and/or as required by law. Any changes will be immediately posted to the Site and the Applications and you are deemed to have accepted the latest version of the Terms on your first visit to the Site or your first use of the Applications or Services subsequent to any such updates. In the event that there are any material changes to these Terms Endource will use reasonable endeavours to advise you that changes have been made but it is your responsibility to check regularly for updates. Each version of these Terms will have an effective date from which it applies posted at the commencement of the Terms. Unless stated otherwise, the currently effective version of the Terms applies to your use of the Site, Applications and Services.
22) How to contact Endource
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Applications and Services. If you have any enquiries about these Terms or any questions, complaints or claims with respect to the Applications, please contact us at firstname.lastname@example.org . You can also write to us at Customer Services, Endource, N001A, Vox Studios, 1-45 Durham Street, London SE11 5JH.
You may occasionally receive promotions from us, via email or through promotional materials.
Each promotion is unique to the recipient, is not transferable, has no monetary value and cannot be converted into currency. Each promotion has an expiry date, which will be stated at the time of promotion or on accompanying promotional materials which cannot be modified.
Promotions are valid until they are redeemed or until the expiry date.
Only one promotion can be applied per order.
A promotion cannot be applied to an order after that order has been placed.
Endource is not liable for delivery of a promotion to an incorrect or non-existent email address. It is the sole responsibility of the registered user to provide a correct email address.
Endource reserves the right at its sole discretion to withdraw a promotion at any time.
If a promotion exceeds the total amount of your order, you will not be able to use the remaining balance on your next order.
If your order exceeds the value of the promotion, the remaining balance must be paid by Paypal, credit or debit card.
If you return items, the amount you paid will be refunded in full, but the promotion cannot be applied to future purchases.
Promotions may carry a minimum spend requirement which must be met in order to receive the promotion value.
Promotions cannot be added to your order retrospectively.
Promotions only apply to orders made on Endource.com. They do not apply to orders made on retailers' sites.
We reserve the right to amend these terms and conditions at any time.