1.1 These terms and conditions govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you subscribe to The Chapar, we will ask you to expressly agree to these terms and conditions, along with our subscription and supply terms and conditions.
2.0 Copyright notice
2.1 Copyright (c) 2012-2020 The Chapar Online Styling Limited.
2.2 Subject to the express provisions of these terms and conditions:
(a)we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b)all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3.0 Permission to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
(d) stream audio and video files from our website using the media player on our website; and
(e) if you are a subscriber, use our virtual trunk service and other subscriber services by means of a web browser in accordance with our subscription and supply terms and conditions,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal purposes; you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3. 5Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
4.0 Misuse of website
4.1 You must not:
(a)use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b)use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c)hack or otherwise tamper with our website;
(d)probe, scan or test the vulnerability of our website without our permission;
(e)circumvent any authentication or security systems or processes on or relating to our website;
(f)use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g)impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h)decrypt or decipher any communications sent by or to our website without our permission;
(i)conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j)access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k)use our website except by means of our public interfaces;
(l)violate the directives set out in the robots.txt file for our website;
(m)use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n)do anything that interferes with the normal use of our website.
4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5.0 Services and products
5.1 The advertising of services and products on our website constitutes an “invitation to treat” rather than a contractual offer.
5.2 We may periodically change the services and products that we supply, and we do not undertake to continue to supply any particular service or product.
5.3 Contracts for the supply of our services and products will be subject to subscription and supply terms and conditions, and we will ask you to agree to the terms of that document when you first subscribe to our services.
6.0 Registration and accounts
6.1 To be eligible for an account on our website, you must be at least 18 years of age.
6.2You may register for an account with our website by completing and submitting the account registration form on our website and clicking on the verification link in the email that the website will send to you.
6.3You must not allow any other person to use your account to access the website.
6.4You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5You must not use any other person’s account to access the website.
7.1If you register for an account with our website, you will need to specify a password.
7.2You must keep your password confidential.
7.3You must notify us in writing immediately if you become aware of any disclosure of your password.
7.4You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
8.0 Cancellation and suspension of account
8.1 We may:
(a)suspend your account;
(b)cancel your account; and/or
(c)edit your account details,
at any time in our sole discretion with or without notice to you. If your account has a paid subscription to The Chapar service, then we will only cancel your account under this Section 8.1 at the end of a subscription period for which you have paid.
8.2 We will usually cancel an account if it remains unused for a continuous period of 18 months.
8.3 You may cancel your account on our website using your account controls on the website.
8.4 Following the cancellation of your account, your account data will be retained for a period in accordance with our privacy and cookies policy.
9.0 Our rights to use your content
9.1 In these terms and conditions, “your content” means any testimonials or reviews that you submit to us, and all other works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5Y ou hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10.0 Rules about your content
10.1Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
11.1We do not warrant or represent:
(a)the completeness or accuracy of the information published on our website;
(b)that the material on the website is up to date;
(c)that the website will operate without fault; or
(d)that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
12.Limitations and exclusions of liability
12.1Nothing in these terms and conditions will:
(a)limit or exclude any liability for death or personal injury resulting from negligence;
(b)limit or exclude any liability for fraud or fraudulent misrepresentation;
(c)limit any liabilities in any way that is not permitted under applicable law; or
(d)exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a)are subject to Section 12.1; and
(b)govern all liabilities arising under these terms and conditions or relating to the use of our website, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
13.0 Breaches of these terms and conditions/
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a)send you one or more formal warnings;
(b)temporarily suspend your access to our website;
(c)permanently prohibit you from accessing our website;
(d)block computers using your IP address from accessing our website;
(e)contact any or all of your internet service providers and request that they block your access to our website;
(f)commence legal action against you, whether for breach of contract or otherwise; and/or
(g)suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.0 Third party websites
14.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
14.2 We have no control over third party websites and their contents, and subject to Section 12.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
15.0 Trade marks
15.1 THE CHAPAR, THECHAPAR.COM, THE CHAPAR ONLINE STYLING, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
15.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
16.1We may revise these terms and conditions from time to time.
16.2The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
17.2You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19.Third party rights
19.1A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
19.2The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
20.0 Entire agreement
20.1 Subject to Section 12.1, these terms and conditions, together with our subscription and supply terms and conditions and our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
21.Law and jurisdiction
21.1These terms and conditions shall be governed by and construed in accordance with English law.
21.2Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
22.0 Our details
22.1 This website is owned and operated by The Chapar Online Styling Ltd.
22.2 We are registered in England and Wales under registration number 10090700, and our registered office is at 42 Lytton Road, Barnet, Herts, United Kingdom, EN5 5BY.
22.3 Our warehouse and principal place of business is at 10 Longwall Avenue, Queens Drive Industrial Estate, Nottingham, NG2 1NA.
22.4 You can contact us:
(a)by post, to The Chapar Online Styling Ltd, 10 Longwall Avenue, Queens Drive Industrial Estate, Nottingham, NG2 1NA;
(b)by telephone, on the contact number published on our website; or
(c)by email, using the email address published on our website.
22.5 Our VAT number is GB 326402921.