By using the Jane's African Wear website (the 'website') and, in consideration of the mutual benefits to you and Jane's African Wear relating to your use of the website and/or becoming a Member and receiving the benefits of the Service, you agree to be bound by these Terms of Service (this 'Agreement'), whether or not you register as an Jane's African Wear member ('Member').
If you wish to become a Member and communicate with other Members and make use of the Jane's African Wear service (including any service offered by us through this website or any service offered by us through any software/related documentation (collectively, the "Software") downloaded by you from this website and/or any instant messaging functionality used by you in connection with such Software) (collectively, the 'Service') offered through the website, you are required to carefully read this Agreement and indicate your acceptance of this Agreement by following the instructions set out in the account activation process contained in this website.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE ANY OF THIS website, THE SOFTWARE AND/OR THE SERVICE.
This Agreement sets out the legally binding terms of your use of the website and the Software and your membership in the Service and may be amended, varied or modified by Jane's African Wear from time to time.
Representations and Eligibility
You must be 18 years of age or older to register as a Member or use the website. Membership in the Service is void where prohibited. By using the website and/or the Software, you represent and warrant to Jane's African Wear that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Terms of Agreement
This Agreement will remain in full force and effect while you use the website, the Software and/or are a Member. You may terminate your membership at any time, for any reason by following the termination procedures set out in the website or upon receipt by Jane's African Wear of notice of termination from you in writing or by email. Jane's African Wear may terminate your membership for any reason at any time without notice to you.
Following termination of this Agreement for any reason whatsoever, you agree to remain bound by the terms and conditions of this Agreement.
Use of website
Use of this website is strictly intended for the express personal use of individual Members only and may not be used in connection with any commercial endeavors.
Organizations, companies, and/or businesses may not become Members and should not use the Service or the website for any purpose. Illegal and/or unauthorised uses of the website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and/or unauthorized framing of or linking to the website (or any portions of the website) will be investigated and, in such case, appropriate legal action will be taken by Jane's African Wear including, without limitation, civil, criminal and/or injunctive remedies.
If you purchase any Services that we offer for a fee, such as a subscription to our Services, you authorize Jane's African Wear and our designated payment processors to store your payment card information and other related information. You also agree to pay the applicable fees for the Paid Services as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. All prices for Paid Services are subject to change without notice.
All fees and charges are non-refundable and there are no refunds or credits for any partially used subscription periods except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at Jane's African Wear sole and absolute discretion. To apply for a refund, use the 'Contact Us' form provided on the site.
You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to Jane's African Wear. You agree to promptly notify Jane's African Wear if your Payment Method is cancelled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method. If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for Paid Services and you remain responsible for all such charges.
If you pay for a subscription by credit or debit card (or other payment method identified on our services as involving an automatically renewing subscription) and you do not cancel your subscription prior to the end of the term, your subscription will be automatically extended at the end of each term for successive renewal periods of the same duration as the subscription term originally selected.
Unless otherwise indicated in any applicable additional terms, such renewal will be at the same subscription fee as when you first subscribed, plus any applicable taxes, unless we notify you at least 14 days prior to the end of your current term that the subscription fee will increase.
You acknowledge and agree that your payment method will be automatically charged for such subscription fees, plus any applicable taxes, upon each such auto renewal. You acknowledge that your subscription is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees.
Cancellation of Subscriptions
Jane's African Wear reserves the right to suspend network access to any subscriber if in the judgment of Jane's African Wear, the subscriber's account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Jane's African Wear deems necessary. If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the subscriber in question will be deactivated until our investigation is complete. Multiple violations of the TOS will result in permanent suspension of the account without refund of any fee. With complaints of infringing or illegal content, a single complaint may be deemed sufficient for permanent suspension of the alleged infringing product. If multiple complaints of infringing or illegal content are received involving two or more products, all products under that customer's ownership and/or control are subject to permanent suspension. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber's machines were suspended if the subscriber is found to be at fault.
Use of Service
You agree that Jane's African Wear has no responsibility or liability for the deletion, corruption or failure to store any Content maintained or transmitted on this website or by the Service. You acknowledge that features, parameters or other services provided by Jane's African Wear may change at any time without prior notice to you. You acknowledge that Jane's African Wear reserves the right to sign out, terminate or delete your account for being 'inactive' as determined in Jane's African Wear's sole discretion. If Jane's African Wear terminates your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees.
Your use of the Services is subject to any limitations, conditions and restrictions established by Jane's African Wear from time to time and Jane's African Wear may alter, suspend or discontinue any aspect of the Service at any time including the availability of any Service feature, database or content and Jane's African Wear may impose limits on certain features and aspects of the Service (or restrict your access to all/parts of the Service) from time to time without notice or liability. Your membership and account details are private and should not be used by anyone else and you are responsible for all usage and activity on the Service by users using your passwords or account.
Use of Software
In addition to the other terms contained in this Agreement relating to the Software, you further agree to and/or acknowledge the following:
Jane's African Wear grants to you a revocable, personal, non-transferable, non-exclusive license (without right to sub- license, rent, lease or lend) to use the Software in object code form solely in connection with your use of this website and the Service (the "Software License");
a. you shall have no rights hereunder whatsoever to copy, reproduce, sub-license, rent, lease, lend, assign, disassemble, de-compile, translate, reverse engineer or create derivative works of or from the Software;
b. to protect Jane's African Wear's proprietary rights in the Software, you agree not to remove Jane's African Wear's copyright notice or other proprietary legends applicable to the Software;
c. the term of the Software License shall commence from the date you download the Software and shall automatically expiry and terminate without any further notice required to be provided to you by Jane's African Wear on the date (i) you cease for any reason to be a customer or Member of Jane's African Wear or (ii) of termination of this Agreement hereunder; upon termination of the Software License, you agree to cease making any further use of the Software;
d. Jane's African Wear provides the Software to you on an "as is" basis and, except as may be provided elsewhere in this Agreement, Jane's African Wear disclaims all warranties and conditions relating to the Software and its performance including, without limitation, any implied warranties or conditions of merchantability or fitness for a particular purpose or those arising by statute, operation of law, usage of trade, course of dealings or otherwise related to the Software, its use, its result or any in ability to use or access the Software;
Jane's African Wear owns and retains all proprietary rights, title and interest in and to each of the website, the Service and the Software (and all modifications or changes thereto and all documentation, code and logic which describes such Software). The website and the Software contains the copyrighted material, trademarks and/or other proprietary information of Jane's African Wear and its licensors, partners and/or advertisers. All other trademarks, logos, service marks, company or product names of any third parties set forth in this website are the property of their respective owners. Except for any information which is in the public domain or where express written permission has been granted to you by Jane's African Wear, you agree not to copy, modify, publish, transmit, re-transmit, distribute, perform, display or sell any such proprietary information contained in this website or the Software.
Content Posted on the website
You agree that Jane's African Wear may review and delete any publicly or privately displayed content, messages, photos, videos, profiles, text or other written or graphical content, materials or communications (collectively, 'Content') which does or may, in the sole judgment of Jane's African Wear, violate the terms of this Agreement or which might be considered offensive or illegal and/or that might violate the rights or otherwise harm or threaten the safety of any Members.
You are solely responsible for the Content that you publish, post or display on the Service or transmit to other Members.
In consideration of providing the Service to you and permitting you to post Content to any area of this website, you automatically grant, and you represent and warrant that you have the right to grant, to Jane's African Wear an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, and/or distribute any Content originally or subsequently posted by you in any public areas of this website (collectively, 'Public Content') and to prepare derivative works of, or incorporate into other works, such Public Content, and to grant and authorize sublicenses of the foregoing. You further waive absolutely any and all moral right to be identified as author of such Public Content posted by you to any area of this website and any similar rights in any jurisdiction. For purposes of this paragraph, you expressly agree that any Content which you initially post in any private area of this website and subsequently re-post in any public area of this website is hereby deemed Public Content and that any Public Content which is subsequently re-posted by you in any private area of this website shall remain Public Content.
The following is a partial and non-exhaustive list of the kind and type of Content that is illegal or prohibited for posting or use on the website. Jane's African Wear expressly reserves the right to investigate and take appropriate legal action in its sole discretion against anyone (including any Member) who violates this provision, including without limitation, removing the offending Content from the website and the Service and terminating the membership of such violators. This includes Content that:
a. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b. harasses or advocates harassment of another person;
c. involves the transmission of 'junk mail', 'chain letters' or unsolicited mass mailing or 'spamming'
d. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory and/or libelous;
e. promotes an illegal or unauthorized copy of another persons copyrighted work;
f. engages in commercial activities and/or sales without the prior written consent of Jane's African Wear (such as contests, sweepstakes, barter, advertising and pyramid schemes).
g. You must use the Service in a manner consistent with any and all applicable laws and regulations.
h. You may not include in your Member profile any telephone numbers, street addresses, last names URLs or email addresses.
i. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Jane's African Wear cannot monitor the conduct of its Members off the website, it is also a violation of this Agreement to use any information obtained from the Service in order to harass, abuse or harm another person or in order to contact, advertise to, solicit, or sell to any Member without their prior express consent.
In connection with your use of this website and the Service, you expressly agree that you will not:
a. 'stalk' or otherwise defame, libel, abuse, harass, threaten or otherwise cause emotional distress or violate the rights of any person (including any Jane's African Wear employees or customer service representatives);
b. commit any criminal or quasi criminal offence, including without limitation, any pornography, hate, assault or economic crime whatsoever or violate any law of any applicable jurisdiction; c. publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, violent or unlawful material or information; d. express or imply that any statements you make are endorsed by Jane's African Wear without our specific prior written consent;
e. advertise or offer to sell any goods or services or conduct or forward any surveys, contests or chain letters;
f. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or this website;
g. remove any copyright, trademark or other proprietary rights notices contained in this website or the Software or in relation to the Service or violate any copyright, trademark or other proprietary or intellectual property rights of others;
h. interfere with or disrupt the Services or this website or the servers or networks connected to the Services or this website or obtain or attempt to obtain any unauthorized access to the Services or this website whether by circumvention any authentication or security feature or otherwise or accessing unauthorized data or using an unauthorized account or probing the security of the Service or this website or attempting to overload the Service or burden its resources by any "denial of service" attacks, "flooding" of networks or other attempts to "crash" a host;
i. post, email or otherwise transmit any Content that contains software viruses or any other harmful or other computer code, files, Trojan horses or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to this website or through the Service;
k. 'frame' or 'mirror' any part of the Service, without Jane's African Wear's prior written authorization and you will not use meta tags, links or code or other devices containing any reference to Jane's African Wear or this website or the Service in order to direct any person to any other web site for any purpose;
l. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or any portion or aspect of the Service or the Software or cause others to do so.
You may not post, distribute, display or reproduce in any manner any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You are solely responsible for your interactions with other Jane's African Wear Members and Jane's African Wear reserves the right, but has no obligation, to monitor disputes between you and other Members. Should you have any complaints about the use of the website or Service by another Member, please contact our Customer Service Department using the Contact Us link on the website.
Jane's African Wear is not responsible for any incorrect or inaccurate Content posted on the website or in connection with the Service, whether caused by users of the website, Members or by any of the equipment or programming associated with or utilized in the Service. Jane's African Wear is not responsible for the conduct, whether online or offline, of any user of the website or Member of the Service. Jane's African Wear assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.
Limitations and Exclusive Remedies
To the maximum extent permitted by law, Jane's African Wear will not be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages (including, without limitation, lost profits, loss of data or programs, cost of procurement of substitute services, service interruptions or physical, emotional or financial damages arising out of your communicating and/or meeting with other Members of this Service) arising from your use of the website, the Software and/or the Service or the inability to use same, even if Jane's African Wear or its agents have been advised of the possibility of such damages.
Any disputes arising involving your use of the website and/or the Service will be exclusively governed by the laws of England and Wales. You expressly consent to the exclusive forum, jurisdiction and venue of the courts of England and Wales or any other judicial district or jurisdiction as Jane's African Wear may determine in any and all actions, disputes or controversies relating hereto. The parties specifically agree that the performance of this Agreement, in all its respects, does not take place outside the jurisdiction of England and Wales.
You indemnify Jane's African Wear, its subsidiaries, affiliates, shareholder, directors, officers, agents, partners, licensors and employees, from any loss, liability, claim, cost, expense, suit, action, proceeding or demand (including reasonable legal fees and disbursements), made by any third party due to or arising out of your use of this website, the Software and/or the Service in violation of this Agreement and/or arising from any breach of this Agreement.
Jane's African Wear reserves the right, at our sole discretion, to amend, modify or vary (collectively, 'amendments') the terms and conditions of this agreement at any time and such amendments shall be effective upon posting of such amended terms and conditions on this website. you agree to review the terms and conditions of this website periodically to be aware of such amendments and your continued use of this website, the software and/or the service shall be deemed your conclusive acceptance of such amended terms and conditions. if you do not agree with any amendments, you should terminate your use of this website, the software and the service.
Except as otherwise stated in these terms and conditions, Jane's African Wear reserves the right to provide notice to you, from time to time, either by mail, e-mail or posting on this website.
You agree that electronic pages accessed by you on this website are written documents and that by electronically acknowledging by "clicking" any "buttons" stating "OK" or "I Accept", "proceed", "continue", "approve" or "buttons" with similar intent shall have the same legal effect as if you had placed your signature by hand and provided hardcopy versions of such pages with intent to be legally bound with Jane's African Wear for their content. You accept any records or documents stored or produced by Jane's African Wear Active through electronic means or device as sufficient evidence for all purposes to establish such documents and the contents as correct, authentic and binding on you.
This Agreement together with any rules, policies, privacy policies, guidelines or other agreements, which are hereby accepted by you upon use of the website and/or becoming a Member and using the Service, contains the entire agreement between you and Jane's African Wear regarding the use of this website and/or the Service and/or any Software.
No waiver by either Jane's African Wear or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.