Welcome to Parsel (the “Service”) brought to you by Forward Internet Group Limited, a company incorporated in England (company number: 05199774) with its registered office is at Centro 3, 19 Mandela Street, London, NW1 0DU, United Kingdom.
1. CONTACTING US
If you would like to get in touch with us or have a complaint about anything contained on the Service, please contact us using the following details:
Forward Internet Group Limited
19 Mandela Street
2.1 You will need to register for the Service before you order any Products from us. Even if you have not yet registered for the Service, your use of the Service shall be subject to these Terms and Conditions.
2.2 You must be at least 18 years old to register with us. You agree that: (a) all registration information that you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. By registering with us you are confirming that you are at least 18 years old.
2.3 As part of the registration process you will be required to submit a username and password and this will need to be verified and accepted by us. We reserve the right to refuse to accept any username which we deem to be inappropriate (in our sole discretion).
2.4 Once you have registered, it is your responsibility to keep your username and password secret. We will be entitled to assume that any person logging in using your username and password is either you or someone doing so with your permission. You will be responsible and liable for any actions of any person logging into the Service using your username and password. You should notify us immediately if you suspect that anyone else knows your username and password or that anyone has logged in as you.
2.5 We may at any time and for any reason refuse to accept a registration from any person.
Access to the Service is currently free of charge (although you will be charged to purchase Products via the Service). We may stop offering the Service free of charge at any time but we will inform you by email and we will give you a reasonable amount of time to terminate your registration if you wish to do so.
4.1 You may submit orders for Products by using our online ordering facility through the Service at any time after you have registered for the Service and we have validated your account.
4.2 Your submission of an order amounts to an offer to enter into a contract to buy the Products from us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
4.3 After you place an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. A contract for the sale of our Products to you arises on our acceptance of your order. No order is accepted until the Service displays an order confirmation message. Upon acceptance, you cannot then withdraw or cancel your order unless we agree otherwise.
4.4 Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and we shall not be liable for unavailability of Products. If we are unable to supply you with the Products you have ordered, we will inform you of this by email and we will not process your order. If you have already paid for the Products that we are not able to supply to you, we will refund to you the full amount as soon as possible.
4.5 In the case of non-perishable Products only, you have the right to cancel the order for those Products at any time until the expiry of the 7th working day after the date of delivery by notifying us at the address or email address set out in clause 1 above. If you return such non-perishable goods by recorded delivery to the address in clause 1 we will credit your payment card with the price that you have paid for such non-perishable Products. In the case of perishable Products, please note that you do not have the right to cancel the order or contract after it has been accepted by us.
4.6 The price that we charge you for the Products will be the price stated by us on the Service from time to time. All prices for Products are inclusive of any applicable VAT.
4.7 The price of a Product does not include delivery charges. Our delivery charges are as quoted on the Service from time to time.
4.8 You warrant that you shall not re-sell any of the Products that you purchase from us.
5.1 You can pay for Products using a debit or credit card bearing either the Mastercard, Visa, Visa Electron, Delta or Switch symbol or through third party payment services. You will need to ensure that your card details are kept up to date and you can make changes to your payment details in the ‘My Account’ section on the Service.
5.2 Payment for the Products and all applicable delivery charges will be in advance of delivery.
5.4 We reserve the right to suspend deliveries to you and/or terminate your account if we are refused authority from your card issuer for payment or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with these Terms and Conditions.
6. DELIVERY OF PRODUCTS
6.1 We will use our reasonable endeavours to make delivery to the delivery address stated on your account by the estimated delivery date set out in the order confirmation message.
6.2 We do not deliver to addresses outside the UK and we may not be able to deliver to all locations within the UK. We will inform you as soon as reasonably practicable if we do not deliver to your address.
6.3 You are responsible for giving us appropriate instructions for making suitable arrangements to ensure that you receive your delivery.
6.4 You will not hold us responsible for any delays, outside our control, which relate to the delivery of Products.
6.5 We may suspend or cancel any accepted order immediately at our reasonable discretion if you breach any of these Terms and Conditions.
7. ACCESS TO AND USE OF OUR SERVICE
7.1 Access to our Service is permitted on a temporary basis and we reserve the right to withdraw or amend the Service (and any other services made available through it) at any time without notice. If you breach any of these Terms and Conditions, your authorisation to use this Service automatically and immediately terminates and you must immediately cease use of the Service and destroy any materials downloaded or printed from the Service.
7.2 You may not use the Service in any improper or unlawful manner or in breach of any legislation or licence that applies to you.
7.3 Without limiting the foregoing, you agree that when using the Service you will not:
(a) distribute via any medium any part of the Service including, without limitation, any User Generated Content (as defined in clause 10 below) without our prior written consent;
(b) harass others or disclose personal information about others that could amount to harassment;
(c) publish, post, upload, store, distribute or disseminate any unlawful, fraudulent, defamatory, infringing, obscene, pornographic, harmful, confidential, libellous, hateful, racist, threatening or otherwise illegal or offensive material or information or anything which might constitute a criminal or civil offence;
(d) upload files that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
(e) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Service or any other computer;
(f) create multiple logins;
(g) impersonate others;
(h) promote any activity that is illegal;
(i) use software to harvest information from the Service; or
(j) attempt to solicit funds, advertisers or sponsors.
7.5 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access the Service. You are also responsible for ensuring that no person uses your equipment to access the Service without your permission. We will be entitled to assume that anyone who accesses the Service using your equipment has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
8. THIRD PARTY WEBSITES
8.1 Our Service may contain links to other websites that are owned by us and/or links to third party websites that are not under our control. We make no warranties or representations whatsoever about any other websites which you may access through this Service or any products or services that are provided by any such third party websites. Third party websites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. Links do not necessarily imply that we are or our Service is affiliated to or associated with such third party sites. If you decide to visit any other website, you do so at your own risk. In addition, use of any other website may be subject to your acceptance of additional terms and conditions, which we suggest you read carefully before proceeding.
9. USER GENERATED CONTENT
9.1 From time to time the Service may include functionality to enable you to contribute User Generated Content (as defined in clause 10 below) to the Service. However:
(a) you must not submit any confidential, defamatory, offensive, inflammatory, discriminatory, deceptive, infringing, obscene, indecent or otherwise unlawful or objectionable material or information nor use the Service for any chain letters, junk mail, ‘spamming’ material or any other form of bulk communication;
(b) contributions must: be accurate (where they state facts); be genuinely held (where they state opinions); and comply with applicable laws in the UK and in any country from which they are posted;
(c) you must not submit any content or material the Intellectual Property Rights in which are owned by any third party;
(d) you must not submit any material which is prohibited by the Data Protection Act 1998 or any other applicable data protection or privacy legislation; and
(e) you may only upload or submit material to the Service which either you own or which you have the permission of the owner of that material to submit.
9.2 We may, without notice, remove any content submitted by you to any element of the Service or any other content that in our sole judgment violates these Terms and Conditions or may be offensive or illegal or may violate the rights, harm or threaten the safety of any person.
9.3 Any material you upload to the Service will be considered non-confidential and non-proprietary. We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
9.4 We advise you to be selective about what information you post on any public sections of the Service or that you provide to other users (including, without limitation, on forums, blogs etc). Please do not post the following information: telephone numbers, addresses, surname etc. If other users of the Service have posted material which is inaccurate, inappropriate, offensive (or does not comply with any of the provisions of these Terms and Conditions we shall assume no responsibility or liability for such material.
9.5 You are responsible for your relationship with other members of the Service. However, we reserve the right, but are not obliged, to monitor disputes between you and other members.
9.6 You agree that you shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by you of this clause 9.
10. INTELLECTUAL PROPERTY
10.1 For the purposes of these Terms and Conditions:
(a) “Intellectual Property Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs; and
(b) “User Generated Content” means any text, files, images, photos, videos or works of authorship that you contribute to the Service (but shall not include any content, materials or information that you have downloaded, copied or otherwise obtained from the Service, which you hereby acknowledge is owned by us or our licensors).
10.2 We do not claim any ownership of any Intellectual Property Rights in your User Generated Content. After posting User Generated Content, you retain all rights of ownership which you have subsisting in it and you may use it in any way you choose (provided it does not breach any of these Terms and Conditions or any applicable laws).
10.3 You warrant that you own the Intellectual Property Rights in and to all User Generated Content that you submit to the Service or you are otherwise entitled to submit the same to the Service. You agree that you shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by you of this Clause 10.3.
10.4 You hereby grant us the right to publicly perform, reproduce, display, modify, manage, distribute and store any of your User Generated Content as part of the Service or as part of any materials used to promote or advertise the Service anywhere in the world. We shall not otherwise distribute or sell any of Your User Generated Content outside of our Service without your permission.
10.5 We will not be under any obligation whatsoever to pay you for any of the User Generated Content on our Service.
10.6 Save in respect of the User Generated Content, all Intellectual Property Rights in and to the Service and all content, materials and information contained in or appearing on the Service are owned by and shall remain owned by us or our licensors.
10.7 You may view, download and print any content, materials and information made available to you through the Service subject to the following conditions:
(a) the content, materials and information may only be used for your personal and non-commercial purposes;
(b) save as expressly permitted by us in these Terms and Conditions, the content, materials and information shall not be reproduced or included in any other work or publication in any medium;
(c) the content, materials and information may not be modified, decompiled, reverse engineered, disassembled or altered in any way;
(d) save as expressly permitted by us in these Terms and Conditions, the content, material and information may not be distributed or sold to any third party;
(e) you may not remove any copyright or other proprietary notices contained in the content, material or information.
11. MONITORING OF THIRD PARTY CONTENT; NOTICE AND TAKE-DOWN
11.1 You acknowledge that we do not actively monitor any third party content or content appearing on the Service which derives from a third party website and we shall not be responsible or liable for any such content including, without limitation, any third party content:
(a) which is defamatory, discriminatory, obscene, offensive, confidential or otherwise unlawful; and/or
(b) in which the Intellectual Property Rights are owned by a third party and such third party has not provided its consent to use such content in the manner it has been used; and/or
(c) which is prohibited by the Data Protection Act 1998 or any other applicable data protection laws.
11.2 If we are informed or if we suspect that any material on the Service infringes the Intellectual Property Rights or other proprietary rights of any third person or is otherwise unlawful, then we reserve the right to remove such material from the Service. We also reserve the right to remove any material that we consider to be offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate. If you have any concerns or queries about material which appears on our Service (including if you believe that any content displayed on the Service has violated Your Intellectual Property Rights) please email us at: email@example.com
12.1 We will exercise all reasonable skill and care in providing the Service. We are not able to guarantee the availability of the Service or the accuracy, completeness, currency or reliability of any content, materials or information on the Service that derives from third parties (including, without limitation, any of our third party partners).
12.2 Except as expressly provided in these Terms and Conditions, the Service and all materials and information provided through it are provided on an "as is" basis without guarantee of any kind and any conditions, statements and warranties (including, but not limited to, any warranty of fitness for a particular purpose or non-infringement) are excluded to the fullest amount permissible by law.
12.3 Without limiting the foregoing, we cannot guarantee and do not promise that the Service and all materials and information provided through it will meet your requirements. Therefore we advise you to check any materials or information provided to you through the Service as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.
13. LIMITATION OF LIABILITY
13.1 Nothing in these Terms and Conditions limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or (c) any other liability which may not by law be limited or excluded.
13.2 Subject to clause 14.1, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or (c) any loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Service or its contents or any competitions or prize draws which are entered via the Service; (ii) any failure or delay in the use of any component of the Service or any service including, without limitation, any unavailability of the Service or the services irrespective of duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Service, in all cases even if we have been forewarned of the possibility of such loss or damage.
13.3 Without limiting the effect of clause 14.2, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property when you are using or browsing the Service. The downloading or other acquisition of any materials or information through the Service is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.
13.4 You agree to indemnify us against any claims or legal proceedings that may arise through your use of the Service or from any breach of these Terms and Conditions by you.
13.5 We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.
14.1 We may remove the Service or cease the provision of any of the services, or terminate your registration with the Service at any time in our sole discretion for any reason whatsoever.
14.2 You shall be entitled to terminate your registration with the Service at any time by following the instructions that are set out on the my account section of the Service or alternatively by written notice to us at the postal or email address set out in clause 1 of these Terms and Conditions.
14.3 Termination of your registration, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination.
15. DATA PROTECTION AND PRIVACY
16.1 Any failure or delay by us to enforce any of our rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.
16.2 These Terms and Conditions are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
16.3 If any clause or part of a clause of these Terms and Conditions is, or becomes, invalid, illegal or unenforceable, the remainder of these Terms and Conditions shall remain valid and enforceable.
16.5 Subject to clause 14.1, you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms and Conditions other than any remedy you may have for breach of the express terms of these Terms and Conditions.
16.6 These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with English law and the parties irrevocably agree to submit to the exclusive jurisdiction of the English courts.