Welcome to Localised, the service that connects global consumers with the world’s top brands, retailers and shops (for ease, we will refer to each as a “Retailer”). You may have been shopping through one of those Retailers’ digital presence or you may have come directly to the digital presence that linked to these terms and conditions (“Terms”).
Localised is here to ensure you get the service, experience and goods that you expect from the Retailer.
We believe in transparency and everyone understanding exactly what they are agreeing to. So, we want to draw your attention to the following: these terms contain a governing law clause and jurisdiction clause that are either in the UK or US (NY to be specific), and contain a waiver of class action and consolidated actions. That means you are waiving your rights to bring any action anywhere other than those places (and that the laws of those places will govern) and you are also waiving your right to participate in a class-action lawsuit or consolidated action.
- WHAT THESE TERMS COVER. These Terms cover all of Localised’s services (the “Services”), which includes a collection of services, software, applications, content and data feeds, that we provide and you can access through a phone, tablet, app, website and other ways. If there is a link to these Terms, the place that is linking to these Terms is covered by them.
- WHO WE ARE AND HOW TO CONTACT US. The Services are operated by Localised a Delaware corporation with its principal place of business at 1460 Broadway, New York, NY 10036. To contact us, please email us at firstname.lastname@example.org.
- OTHER TERMS. These Terms refer to the following additional terms, which also apply to your use of our Services.
- if you purchase goods through our Services, our Terms of Sale will apply to any such purchase.
- CHANGES TO TERMS. We amend these terms from time to time. Every time you wish to use our Services, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on the date posted at the end of this document.
- CHANGES TO SERVICES. We may update and change our Services from time to time to reflect changes related to the products, users’ needs and business priorities of our Retailers or us.
- SUSPENSION OR WITHDRAWAL OF SERVICES. We do not guarantee that our Services, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons.
- ACCOUNT DETAIL PROTECTION. You may be provided the option of having a user account. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
- USE OF MATERIAL ON OUR SERVICES. We are the owner or the licensee of all intellectual property rights in our Services, and in the material published on it. Those works are protected by trademark, copyright and other laws around the world. All such rights are reserved. You may print off one copy, and may download extracts of, any page(s) from our Services for your personal use and you may draw the attention of others within your organization to content posted on our Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors, including the Retailer) as the authors of content on our Services must always be acknowledged on any copy. You must not use any part of the content on our Services for commercial purposes without obtaining a license to do so from us, the Retailer or our other licensors. If you print off, copy or download any part of our Services in breach of these Terms, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- CONTENT MADE AVAILABLE ON OUR SERVICES. The content made available to you via the Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content made available to you via the Services. Although we make reasonable efforts to update the information on the Services, we make no representations, warranties or guarantees, whether express or implied, that the content on or made available via the Services is accurate, complete or up to date.
- OTHER WEBSITES. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
- WHO CAN USE OUR SERVICES. Only consumers who are 18 years old or older can use our Services, and only for personal, non-commercial use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms of Sale.
- VIRUSES. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software. You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Services, the server(s) on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
- LINKING TO OUR SERVICES. You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. Our Services must not be framed on any other site, but you may create a link to any part of our Services. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our Services other than that set out above, please contact us at the email address set out in section 2.
- JURISDICTION AND WAIVER. We provide to you the convenience of browsing online via the Services, choosing and paying for something, and we then do the rest. In exchange, we ask that you agree to the following governing law and jurisdiction clauses. By using the Services, you agree to the following.
- If the Retailer has its principal location in the US, these Terms, their subject matter and their formation, shall be governed by the laws of the State of New York. You and we both agree that the courts of New York will have exclusive jurisdiction.
- If the Retailer has its principal location in the UK, these Terms, their subject matter and their formation, shall be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
In exchange for the convenience discussed immediately above, you and we agree to the following waiver of class actions and consolidated actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MAY NOT BE LITIGATED ON A CLASS BASIS, AND SHALL ONLY BE LITIGATED ON AN INDIVIDUAL BASIS. FOR THE SAKE OF CLARITY, CLAIMS OF MORE THAN ONE PERSON OR ENTITY CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PEOPLE OR ENTITIES.
Last updated: June 8, 2017