Terms and Conditions
Terms and Conditions effective from 1 September 2018
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 Service Charge;
- "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;
- "Service Charge" 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.
Our Endource Service consists of the following steps:
- You can browse and purchase items on Endource by putting them in your shopping box and completing the checkout process. You will pay your chosen Service Charge at this point, unless you already have a valid monthly or annual Service Charge subscription.
- You will receive a Box containing your selection of items which you will be able to try on comfortably at home.
- You will be in charge of returning your Box using any of the available methods. This needs to happen no later than 5 days (7 days if you have a valid subscription) after you received your box or it was made available to you for collection. If you need to change the return method or day, please contact firstname.lastname@example.org.
- Once we receive your box back, we will check it and charge your payment card for the total price of the items you have kept plus the Service Charge.
- Only when your returned items from your previous order have been received by us, and we have successfully charged you for your kept items, will you be able to place another order.
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 Box’ 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.
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 (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 three or more items of clothing or pairs of shoes in their Shopping Box and confirm they wish to use the Endource Service to complete their Order.
(ii) Endource will advise the Premium Member of: (a) the estimated cost per Product; (b) the applicable Service Charge payable and (c) the total estimated cost for the items in 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 carry out a standard credit check on the Premium Member and debit your payment card a £10 authorisation charge. We will refund this charge once we receive your Box back and we check which Products you have kept. This is to make sure that you are credit worthy and that your payment card is valid for the transaction. Products will not be dispatched until the credit check and the authorisation charge to your payment card have been completed satisfactorily.
(b) to place orders with Product Providers on behalf of the Premium Member, subject to these Terms and subject to the terms of the applicable Product Provider(s);
(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) Once the payment has gone through and any credit check and authorisation charge have been completed, Endource will send an e-mail to the Premium Member acknowledging the Order (including the provision of an unique order acknowledgement code).
(vi) 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.
(vii) When the Box containing your items is ready to send we will send the Premium Member a confirmation email listing the prices (including VAT) of the individual Products and the time and place of delivery (Dispatch Confirmation).
This is when the contract between us is formed.
The contract will relate only to those Products listed in the Dispatch Confirmation. We will not be obliged to supply any other Products.
(viii) 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.
(ix) Endource will sometimes ask a Premium Member to pay a refundable deposit when they have placed an order. This deposit is refunded when Endource has received the Premium Member’s returned items and charged the Premium Member for what they have kept. This is an extra security measure which is randomly assigned to orders placed on Endource.
7) Service Availability
We do not accept orders from addresses outside the UK.
8) Your Status
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) you possess a valid credit or debit card;
(d) you are resident in the UK.
9) Cancellation Policy
Details of your right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. You have 5 days (7 days if you have a valid subscription) from the day of delivery or collection of a Box of Products to cancel the agreement for some or all Products in the Box, and return the unwanted Products in accordance with our Return Policy. This does not affect your other statutory rights as a consumer which means that you have seven working days starting from the day after delivery to cancel the agreement.
If you cancel an order for which you have paid a one-off service charge, you will be refunded the service charge. If you cancel an order for which you have paid a subscription fee, you will need to email email@example.com to cancel the subscription, should you wish to do so.
10) Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
11) Risk and Title
The Products will be your responsibility from the time of delivery i.e. when the Products are delivered and signed for. Any garment that is returned to us must be in 100% re-saleable condition, in its original packing and with any tags or labels still attached in original condition; if a garment is not in 100% re-saleable condition then unfortunately we cannot accept it as a return and will charge you for it.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including the Service Charge (if applicable).
12) Price and Payment
The price of the Products and our Service Charge will be as quoted from time to time, except in cases of obvious error. Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
Product prices and the Service Charge are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
We carry a large number of Products and it is always possible that, despite our best efforts, some of the Products may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is significantly higher than the price stated by us, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
If the pricing error is obvious and unmistakable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
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.
Your PayPal account, credit or debit card account will be debited only when you have decided to keep some Products or your right to cancel your order has expired i.e. 5 working days (not including weekends or bank holidays) after the day on which you receive the Products (please see our Cancellation Policy for further details of your rights to cancel).
13) Failure to Make Payment
If you fail to make a payment in full when payment is due, Endource will send you a reminder by email informing you that the payment is late. We will also provide you with a late payment due date, which will be a minimum of 14 days from the date payment was due (the "Second Due Date").
If you fail to make a payment in full by the Second Due Date, an additional late payment fee of up to £8 (but no more than the original purchase amount) will become payable. We will also provide you with a late payment due date, which will be a minimum of 14 days from the Second Due Date, to pay for your purchase and the late payment fees (the "Third Due Date").
If you fail to make a payment in full by the Third Due Date, an additional late payment fee of up to £8 (but no more than the original purchase amount) will become payable. We will also provide you with a final deadline date, which will be a minimum of 14 days from the Third Due Date, to pay for your purchase and the late payment fees (the "Final Due Date").
If you fail to pay by the Final Due Date, Endource may employ a debt collection agency for this purpose and you will have to pay reasonable costs incurred by the debt collection agency. If you are late with a payment, we may report this to our credit information supplier. This will affect your credit rating with other lenders.
A refund would be necessary if we charged you incorrectly after you received a faulty Product which you subsequently returned to us or we charged you within 5 working days starting from the day after delivery or collection but you subsequently cancelled the agreement. In these cases we will refund you for the full amount within 30 days of the return of such faulty Product or the cancellation of the agreement respectively to the same PayPal account or card you paid with for such Products. A refund can also be made after 5 days if it is still possible to return the item to the product provider and they accept the return and issue a refund. If the product provider does not accept the return we will subsequently return the item to you and you will not receive a refund. Refunds are at the sole discretion of Endource. 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 Service Charge.
15) 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.
16) 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.
17) 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.
19) 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.
22) 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.
23) 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.
24) 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.
25) 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.
26) 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.
29) 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 firstname.lastname@example.org: 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.
30) 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.
31) 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 email@example.com . 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.
The value of a promotion is only applicable to the items in the order, not to the service charge.
We reserve the right to amend these terms and conditions at any time.
33) Fair Processing Notice
Before we provide services, goods or financing to you, we undertake checks for the purposes of preventing fraud and money laundering, and to verify your identity. These checks require us to process personal data about you.
The personal data you have provided, we have collected from you, or we have received from third parties will be used to prevent fraud and money laundering, and to verify your identity.
Details of the personal information that will be processed include, for example: name, address, date of birth, contact details, financial information, employment details, device identifiers including IP address and vehicle details.
We and fraud prevention agencies may also enable law enforcement agencies to access and use your personal data to detect, investigate and prevent crime.
We process your personal data on the basis that we have a legitimate interest in preventing fraud and money laundering, and to verify identity, in order to protect our business and to comply with laws that apply to us. Such processing is also a contractual requirement of the services or financing you have requested.
Fraud prevention agencies can hold your personal data for different periods of time, and if you are considered to pose a fraud or money laundering risk, your data can be held for up to six years.
As part of the processing of your personal data, decisions may be made by automated means. This means we may automatically decide that you pose a fraud or money laundering risk if our processing reveals your behaviour to be consistent with money laundering or known fraudulent conduct, or is inconsistent with your previous submissions, or you appear to have deliberately hidden your true identity. You have rights in relation to automated decision making: if you want to know more please contact us using the details above.
CONSEQUENCES OF PROCESSING
If we, or a fraud prevention agency, determine that you pose a fraud or money laundering risk, we may refuse to provide the services or financing you have requested, or to employ you, or we may stop providing existing services to you.
A record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing or employment to you. If you have any questions about this, please contact us on the details above.
Whenever fraud prevention agencies transfer your personal data outside of the European Economic Area, they impose contractual obligations on the recipients of that data to protect your personal data to the standard required in the European Economic Area. They may also require the recipient to subscribe to ‘international frameworks’ intended to enable secure data sharing.
Your personal data is protected by legal rights, which include your rights to object to our processing of your personal data; request that your personal data is erased or corrected; request access to your personal data.
For more information or to exercise your data protection rights, please contact us using the contact details above.
You also have a right to complain to the Information Commissioner’s Office which regulates the processing of personal data.
34) Service Charge and Subscriptions
When a member places an order with Endource, they will be required to pay a Service Charge, unless they already have a subscription. They can choose to pay a charge per order, or select a monthly or annual subscription.
PAY PER ORDER
This fee covers 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
MONTHLY SERVICE CHARGE SUBSCRIPTION
When you subscribe to Endource’s Monthly Service Charge, your subscription is valid for 30 days. It includes the Service Charge for each order you place.
ANNUAL SERVICE CHARGE SUBSCRIPTION
When you subscribe to Endource’s Annual Service Charge, your subscription is valid for 365 days. It includes the Service Charge for each order you place.
Unless you notify us seven days before the next due date of your subscription fee that you want to cancel your subscription, we will automatically charge the then-applicable periodic membership fee using your preferred payment method.
If your preferred payment method becomes invalid during your membership period, or is the charge is refused for any other reason outside our control, you authorise us to use any other payment method we have on file in your Endource account. If all your payment methods on file are declined, you will be unable to place a new order on Endource and your subscription will be cancelled.
You can cancel your subscription up to 7 days before your next payment is due, by emailing firstname.lastname@example.org.
FREE TRIAL CANCELLATION
You can cancel your subscription up to 7 days before your next payment is due, by emailing email@example.com.
ACCEPTANCE OF SUBSCRIPTION
Endource reserves the right to accept or refuse subscription.
We may terminate your subscription immediately by notice if we consider that a) your use of your subscription materially breaches these Terms or any applicable law or b) you fraudulently use or misuse your subscription. In this case we will not give any refund.