Terms Of Website Use

Effective Date: 18th July 2016

These terms and conditions apply to your use of www.mulberry.com (the "Website") which we, Mulberry Company USA Inc. (“Mulberry” or “we”), own and maintain. These terms and conditions should be read alongside, and are in addition to, our Privacy Policy which tells you how we use your personal information.

By using the Website you agree to these terms and conditions. If you do not agree to these terms and conditions, you must stop using the Website immediately.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTES/ARBITRATION/GOVERNING LAW” PROVISION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MULBERRY (AS WELL AS CERTAIN OTHER PARTIES) WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR ARBITRATION.

In some instances, both these terms and conditions and a separate document that provides additional conditions may apply to a product or service offered through the Website ("Additional Terms"). When you purchase a product through the Website, Additional Terms will include our Terms of Sale. To the extent there is a conflict between these terms and conditions and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

We may update or amend these terms and conditions from time to time to comply with law or to meet our changing business requirements. Any updates or amendments will be posted on the Website. The updated terms and conditions will be effective as of the time of posting, or such later date as may be specified by us, and will apply to your use of the Website from that point forward. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

Accessing the website

As part of using the Website you may set-up a Mulberry account using an e-mail address and password ("Account Details"). You are responsible for maintaining the confidentiality of your Account Details and are responsible for all activities that are carried out under them.

We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your Account Details are used by someone else. 

You agree to notify our Customer Services team immediately, if you become aware of or suspect any unauthorised use of your Account Details.

You confirm that:

(a) any information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times; and

(b) you will at all times comply with these terms and conditions.

You agree that in using the Website you will not:

(a) use the Website for any unlawful purpose or in a way which infringes the rights of anyone else or restricts or inhibit anyone else's use and enjoyment of the Website;

(b) use the Website in any way that interrupts, damages, impairs or renders the Website less efficient;

(c) impersonate any other person (living or dead), misrepresent your connection with a person or entity, or provide false or otherwise misleading information;

(d) transfer files that contain viruses, trojans or other harmful programs;

(e) authorize, encourage or assist any other person to, copy (including through use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process), modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology or content that forms part of the Website;

(f) penetrate or attempt to penetrate the Website's security measures; or

(g) email, publish or otherwise disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that is otherwise inappropriate.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms and conditions and that they comply with them.

We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe you have breached any of the above restrictions or any other provision of these terms and conditions. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

Intellectual property

Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights ("IPR") or the IPR of any third parties. We own or are licensed to use all IPR existing in, or in relation to, the Website and its contents. All rights and IPR in or relating to any third party content, branding, logos and registered and unregistered trade marks are owned by such third parties or their licensors.

You are permitted to download and print content from the Website solely for your personal use. Website content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our express written permission. You are specifically not entitled to use the content of the Website for commercial exploitation in any circumstances.

Availability and content

Availability and content; Disclaimer of Warranties

We provide the Website on an 'as-is' basis and do not guarantee that the Website will be available or fault free or that defects will be corrected and do not accept any liability for any errors or omissions. We may suspend or terminate the Website without notice at any time if we feel this is necessary (for example to perform upgrades or maintenance) and you agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any part thereof.

To the fullest extent permissible by law, Mulberry and its employees, officers, directors, agents, parent company, and affiliates (collectively, the "Mulberry Parties") make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Website; (b) the materials or items on or provided through the Website; (c) Contributions (defined below) or other user materials; or (d) the functions made accessible on or through the Website. In addition, the Mulberry Parties hereby disclaim all warranties, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, custom, trade or quiet enjoyment. 

We provide the content on the Website in good faith but the Mulberry Parties make no representation or warranty that any content is accurate complete or up-to-date, nor that the Website does not infringe the rights of any third party. The Mulberry Parties accept no responsibility or liability for your reliance on the Website and any reliance is entirely at your own risk. 

While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs in the Website, the Mulberry Parties make no representation or warranty that the Website or the servers that make it available are free from any harmful components, including, without limitation, viruses and we accept no liability for them.

By accessing or using the Website, you represent and warrant that your activities are lawful where you access or use the Website. 

We may provide links to other websites as part of the Website. You acknowledge that:

(a) we do not control such third party websites and are not responsible for their contents;

(b) we will not be party to any transaction or contract with a third party that you may enter into via such websites;

(c) we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites; and

(d) you agree that you will not involve us in any dispute between you and the third party.

You may not link to our Website or display the contents of our Website surrounded, framed or otherwise surrounded by material not origination from Mulberry without our prior written permission.

We may provide links to other websites as part of the Website or communications you receive from us. You acknowledge that:

(a) we do not control such third party websites and are not responsible for their contents;

(b) we will not be party to any transaction or contract with a third party that you may enter into via such websites;

(c) we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites; and

(d) you agree that you will not involve us in any dispute between you and the third party.

You may not link to our Website or display the contents of our Website surrounded, framed or otherwise surrounded by material not origination from Mulberry without our prior written permission.

Uploading material to the website

Each time you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply in all respects with the content standards set out below. We have the right, without notice, to remove any material or posting which you make on our Website if, in our opinion, such material does not comply with the content standards set out in these terms and conditions.

We will have the right to use, copy, distribute and disclose to third parties for any purpose any material which you upload to the Website (“Contributions”). 

We will not be responsible, or liable to any third party, for the content or accuracy of any Contribution posted by you or any other user of the Website. 

Content standards

These content standards apply to any and all material which you contribute to the Website ("Contributions"), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

(a) be accurate (where they state facts);

(b) be genuinely held (where they state opinions); and

(c) comply with applicable law in the UK and in any country from which they are posted.

(d) Contributions must not:

(e) contain any material which is defamatory of any person;

(f) contain any material which is obscene, offensive, hateful or inflammatory;

(g) promote sexually explicit material;

(h) promote violence;

(i) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(j) infringe any copyright, database right or trade mark of any other person;

(k) be likely to deceive any person;

(l) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(m) promote any illegal activity;

(n) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

(o) be likely to harass, upset, embarrass, alarm or annoy any other person;

(p) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

(q) give the impression that they emanate from us, if this is not the case; or

(r) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE MULBERRY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE WEBSITE OR ANY CONTENT OR MATERIAL THEREON; (B) USER CONTRIBUTIONS; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MULBERRY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; OR (G) ANY DAMAGE TO ANY USER'S DEVICE OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MULBERRY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE MULBERRY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE, OR INJURY ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE EXTENT THAT THE LAWS OF ANY SUCH JURISDICTION IS APPLICABLE TO YOU AND YOUR USE OF THE WEBSITE. 

YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE WEBSITE IS TO STOP USING THE WEBSITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF THE MULBERRY PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN U.S. DOLLARS ($10.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE. 

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF MULBERRY’S ACTS OR OMISSIONS IN CONNECTION WITH THE WEBSITE, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE WEBSITE OR ANY OTHER PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE MULBERRY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE MULBERRY PARTIES.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (AND ANY SIMILAR LAW OF ANY OTHER STATE OR TERRITORY) WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Transactions concluded through our website

If you are a consumer, you may make purchases of products and services on this Website for personal, domestic and non-commercial purposes. Contracts for the supply of goods or services made using our Website are on our terms of sale.

Pre-Order

From time to time, we may invite you to register with us for an exclusive opportunity to place an order for goods from us prior to those goods becoming generally available from our Website or in-store.

Any registration with us does not constitute an order for goods. There is no obligation on you to place an order for goods and we will generally not ask for any payment or delivery details from you at this stage.

Where we specify a time period for registration, any registration received by us outside of this period will not be accepted. We will confirm your registration through our automatic screen confirmation of the pre-order and we may also follow this up with a confirmatory email. Please note that at this stage you have not placed an order for goods with us.

Where you have successfully registered with us, we may then contact you with details of how to place an order for goods with us. There is no obligation on us to sell goods to you, to make goods available to you for purchase or to accept any order for goods which you may place. Any order for goods that you place with us is subject to our Terms of Sale.

We will use the contact details that you provide to us on registration. We accept no responsibility for any errors contained in any pre-order which you register with us or for any correspondence from us which is not received by you.

By registering a pre-order on this Website, you confirm that you have read these terms and conditions and the Privacy Policy, and that you agree to them. You should keep a copy of these terms and conditions for future reference.

Liability

We reserve the right (in our sole discretion) to terminate your access to and use of the Website and any of its features, without notice and liability, including, without limitation, if we believe that your conduct fails to conform to these terms and conditions or any Additional Terms. We also reserve the right to investigate suspected violations of these terms and conditions. Any violation of these terms and conditions may be referred to law enforcement authorities where applicable. Upon termination of your access to the Website, or upon demand from us, all rights granted to you under these terms and conditions will cease immediately, and you agree that you will immediately discontinue use of the Website.

DISPUTES/ARBITRATION/GOVERNING LAW: YOU AGREE THAT THESE TERMS AND CONDITIONS AND YOUR USE OF THE WEBSITE ARE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA. BOTH YOU AND THE MULBERRY PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.

THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, THE MULBERRY PARTIES SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN NEW YOK CITY, NEW YORK AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES.  IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED.  THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION.  THE PARTIES AGREE THAT, EXCEPT AS SET FORTH ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED ARBITRATION RULES PROCEDURES OF JAMS INC. (“JAMS”) OR ANY SUCCESSOR TO JAMS.  IN THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14) DAYS OF THE FILING OF A “DEMAND FOR ARBITRATION,” THEN EITHER PARTY CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED BY ANOTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE WHO WILL HEAR THE CASE.  IF AN IN-PERSON HEARING IS REQUIRED, THEN IT WILL TAKE PLACE IN CHICAGO, IL, NEW YORK CITY, NY, LOS ANGELES, CA, ATLANTA, GA, OR DALLAS, TX (WHICHEVER IS CLOSEST TO YOUR RESIDENCE).  THE FEDERAL OR STATE LAW THAT APPLIES TO THESE TERMS AND CONDITIONS WILL ALSO APPLY DURING THE ARBITRATION.  DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN NEW YORK CITY, NEW YORK. MULBERRY AGREES TO PAY THE ADMINISTRATIVE AND ARBITRATOR'S FEES IN ORDER TO CONDUCT THE ARBITRATION (WHICH DOES NOT INCLUDE ANY TRAVEL OR OTHER COSTS OF ENTRANT TO ATTEND THE ARBITRATION HEARING). 

General

We may freely transfer our rights or obligations or sub-contract our obligations under these terms and conditions to another other legal entity without notice to you. 

In the case of such a transfer only, your only rights under or in connection with these terms and conditions following the effective date of transfer will be against the new legal entity and not against us.

These terms and conditions are personal to you. You may not transfer your rights or obligations under these terms and conditions to anyone else.

If you breach these terms and conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions. If any part of these terms and conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

These terms and conditions are not intended to give rights to anyone except you and us. This does not affect our right to transfer these terms and conditions.

No waiver by Mulberry of any of these terms and conditions will be of any force or effect unless made in writing and signed by a duly authorized officer of Mulberry. Except as expressly set forth in the “Disputes/Arbitration/Governing Law” subsection above, if any provision of these terms and conditions is held to be unlawful, void, or for any reason unenforceable by a court or other adjudicative body of competent jurisdiction, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.

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