Welcome to HushHush.
1) Use of Site
The terms and conditions (together with the information and policies contained in the “Customer Service” pages on the website and any other documents referred in these terms and conditions) (“Terms and Conditions”) set out the legal terms that apply to your use of our website http://www.hushhush.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the “Sites” and “Site” being a reference to any one of them) and the other services that we provide (the “Services”).
Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
2) Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as ‘defined terms’). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to “we”, “us” or “our”, we mean HushHush. Where we refer to “you” or “your” we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time.
3) About Us
We are HushHush.com and we operate the Site. We are a company registered in England and Wales and our registered office is at 40 Islington High Street, London, N1 8XB, United Kingdom.
We provide the Services to you through the Site. Further details of the Services we provide are set out in section 5 below. When you purchase products using the Site, you are purchasing them from the third-party retailers (“Partner(s)”) listed on the Site. It is important that you understand that the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent on behalf of the Partners, which are the principals. You are not purchasing the products from us. We are authorised by the relevant Partners to conclude the contract on their behalf, but we are not a party to that contract and you are not purchasing the products from us. Further details about the products, the Partners and the contract between you and the Partners in relation to your purchase of the products are set out in sections 5, 6 and 7 below.
HushHush reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms & Conditions at any time. Your continued use of the Site following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
5) Our Services
The Services we offer allow you to search through the Site and purchase products from a large number of Partners and brands worldwide. As part of the Services, we may also provide some ancillary services such as arranging delivery of the products, providing you with customer service assistance and payment processing without charge. The specific HushHush entity procuring such payment processing services will depend on your location. However, as stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the products to you.
Please note that the delivery logistics service maybe provided by us to you and as such you are entering into a contract for delivery services provided by us in such cases. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. For items that we provide the delivery logistics services, Your contract with us is concluded once the products have been delivered to you by the courier or have been collected by you from a Partner.
In order to use the Services you must be over 18 years of age.
a) Our liability to you in relation to the Services If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services. We do not in any way exclude or limit our liability for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability which cannot be limited by law.
b) The products We attempt to be as accurate as possible in the description of the products displayed on the Site. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Site are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer’s display of the images accurately reflect the true colour of the products.
We do not allow Partners to offer flawed items or products of lower quality than the corresponding market standards for sale on the Site. If an item you have ordered is not as described, is flawed or of a lower quality, we will liaise with the Partner on your behalf. Once the item is received by the relevant Partner, you will receive a full refund of the defective product, or alternatively a discount, replacement or repair for the item where possible, agreed on a case by case basis by us. We will arrange for a refund of any applicable delivery charges and any reasonable costs you incur in returning the products (we will advise you whether the products will be collected from you or whether you need to arrange for them to be returned).
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
By registering on the Site (“Registrant”), you represent that you are (a) at least 18 years of age; (b) are of legal age to form a binding contract; and (3) that your use of the Site does not violate any applicable laws or the Terms & Conditions. If you do not meet these requirements, you may not use the Site.
As a Registrant, you agree to provide accurate, current and complete information about yourself as prompted by the Site’s registration form. You may not register or purchase items for sale under a false name or by using an invalid or unauthorised credit card or by using another person’s password.
Registrants may not have more than one active account. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorised use of your account, you may be liable.
By completing and submitting your registration, you agree to receive important email communications from us regarding your account, but you will have the option to “unsubscribe” to emails for marketing and promotional purposes. Any communications between you and HushHush may be recorded and archived.
7) Operation of the Site
The Site provides a marketplace for persons seeking to purchase items online (“Buyers”) to purchase items for sale from merchants / Partners on the Site (“Sellers”). The role of HushHush is expressly limited to making the Site available to Buyers and Sellers and to maintaining the Site. In this capacity, HushHush is strictly an intermediary between the Buyers and Sellers and is not an agent for either the Buyer or Seller for any purpose except to facilitate the processing of the purchase order and Buyer’s payment. In so doing, HushHush accepts responsibility for the safe processing of the Buyer’s payment through the Site. However, HushHush does not accept and specifically disclaims any responsibility or liability of any kind for any actions of either the Buyer or Seller, including but not limited to, any negligence, misconduct or other inappropriate, unlawful or unprofessional conduct by the Seller in connection with any sales transaction entered into on or through the Site. Prospective Buyers understand and acknowledge that most of the items displayed on the Site are unique and are concurrently being offered for sale in a physical store location or on other websites. Consequently, it is possible that an item ordered by a Buyer on the Site may no longer be available for sale. HushHush assumes no responsibility or liability for the unavailability of any items displayed on the Site.
8) Purchase Orders
The Buyer may make an offer to purchase an Item directly by completing the Site’s checkout process or by contacting HushHush through any method listed on the Site. At that time the Buyer shall submit valid payment information to HushHush for payment of the Total Purchase Amount including valid credit card and billing address information. For items that require full or partial payment by bank transfer, the Buyer will be informed of such requirements in advance of checkout and the making of an offer by the Buyer through checkout or by other means shall constitute acceptance of the required method of payment. The “Total Purchase Amount” is the price agreed to on the Site between Buyer and Seller and includes (i) the agreed price of the Item (the “Purchase Price”); (ii) if applicable, shipping fees; and (iii) sales tax, use tax, VAT, Internet sales tax and/or any other taxes or levies that the Seller is required to collect from the Buyer under applicable law at the time of sale. In the event that all or part of the Total Purchase Amount is required to be made by bank transfer, the Buyer’s offer constitutes his/her agreement to complete the bank wire payment within a maximum of two (2) business days following issuance of a Confirmation of Sale.
9) Confirmation of Sale
By making an offer to purchase through the checkout process or by communicating a separate offer to purchase an item on terms proposed by the Buyer, the Buyer irrevocably agrees to pay the Total Purchase Amount and the Seller agrees to sell the Item for the Total Purchase Amount upon issuance to Buyer of a Confirmation of Sale. The Seller’s acceptance of the offer will be communicated by HushHush to the Buyer in a Confirmation of Sale. A Confirmation of Sale may be made through any form of communication, including through a message sent on the Site, by email to the registered email address, by telephonic notice, or other means, and may be in various forms or terminology indicating that the Buyer’s purchase is being confirmed and that payment in full by the Buyer has been processed or that Buyer is now required to send payment due in accordance with instructions. The Buyer irrevocably authorizes HushHush to charge the Buyer’s credit card or to issue an invoice for payment by any alternative payment methods required upon issuance of a Confirmation of Sale.
HushHush reserves the right in its absolute and sole discretion to accept or decline any offer or purchase order until the point of delivery.
10) No Cancellation or Revocation
An offer may not be cancelled or revoked by the Buyer unless the offer was made at a time prior to issuance of a Confirmation of Sale such as prior to confirmation of the availability of the item being purchased, the acceptance by the Seller of the Buyer’s offer price or determination of the cost of shipping if not previously established and presented to the Buyer (and subject to any statutory rights a Buyer may have). The issuance of a Confirmation of Sale constitutes acceptance of the Buyer’s offer and a binding contract between the Buyer and Seller for the purchase and sale of the item. Neither HushHush nor any Seller shall be liable for failure to confirm a Buyer’s offer for any reason, including but not limited to, the item is no longer available for sale, the price has changed, the item has been lost, damaged or stolen, there is a mistake in the description or price of the item, or any other reason. In such cases, the Buyer’s offer shall be deemed to have not been accepted by the Seller.
Once a Confirmation of Sale has been issued to the Buyer, a purchase order may not be cancelled or revoked by the Buyer. All purchases are subject to any applicable returns policies in effect by the Seller at the time of purchase. HushHush is not responsible for the administration of the Seller’s return policies, the shipping of goods to Buyers or the return of any goods to Sellers, all such matters being the responsibility of the Buyer and Seller respectively. Once a Confirmation of Sale has been issued to the Buyer, HushHush has completed its service and has earned its service fee for the transaction. HushHush shall have no further responsibility to the Buyer.
From time to time, HushHush and/or Sellers may make various offers, promotions, discounts or other benefits available in connection with certain items for sale on the Site or to certain HushHush account members. HushHush and/or the Sellers retain the right, in their sole and absolute discretion, to determine the terms and conditions of all such offers or promotions, including but not limited to, the amount, duration, terms or limitations of such offers or promotions and the eligibility of any items or members for such offers or promotions. HushHush and/or Sellers reserve the right to implement, amend or revoke any such offers or promotions without notice unless a Confirmation of Sale has previously been issued for an item for which such offer or promotion was then in effect. Offers or promotions may be applicable to some but not all HushHush members at various times as determined by HushHush and/or the Sellers, including but not limited to, promotions to reward prior purchases, promotions for first-time buyers and promotions for certain types or categories of merchandise or price points.
12) Credit Card Authorisation
Buyer irrevocably authorises HushHush (i) to use the credit card information provided to HushHush by the Buyer and (ii) upon confirmation of a sale, to charge to Buyer’s credit card the full amount of the purchase price, shipping charges, taxes and any other charges associated with Buyer’s purchase. If, for any reason, the Buyer cancels a payment made by credit card or by any other means fails to pay the total amount due for the item purchased without first receiving authorisation from HushHush, the Buyer shall be liable for payment of the total amount due plus any additional costs incurred in collection, shipment, processing costs or other costs associated with Buyer’s order.
13) Taxes and Import/Export Duties
Buyer is solely responsible for paying all sales and use taxes, export and/or import taxes and duties, VAT and any other taxes or levies related to the purchase of each item on the Site. All international Buyers are urged to contact qualified professionals in their jurisdictions for information on customs, VAT and duties that may be applicable to their purchase. It is the responsibility of the Buyer to determine, pay and report to the appropriate taxing authorities the correct amount of all taxes, duties or levies due on the purchase of any items on the Site. For international shipments, Seller will not be collecting any taxes, duties, VAT or other charges that may apply and Buyer will be solely responsible for such charges in order to obtain final customs clearance. Prices on the Site do not include any provision for charges that may be issued or levied by any jurisdiction outside the United Kingdom.
relies upon a network of Partners and brand who sell items on the Site and who
are solely responsible for shipping those items directly to the Buyers. These
Sellers are independent, third-party merchants who are solely responsible for
the content of all product displays, photos, images, logos, descriptions and
pricing of goods sold through the Site. Without limitation, HushHush is not
liable for any infringement of copyrights, trademarks, trade dress or other
proprietary or intellectual property rights arising out of content posted on or
transmitted through the Site, or items advertised on the Site, by such
independent Sellers, even if appearing on the Site or in emails from us.
Nothing on the Site shall be deemed to confer on any person any license or
rights with respect to any such photos, images, logo, product descriptions or
other intellectual property.
We request that all Partners using the Site have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners’ business policies. If you are unhappy with the product or service you have received from a Partner, you should contact us and we will liaise with the relevant Partner on your behalf to try and resolve the issue.
15) As-is Sales
All items displayed by Sellers on the Site are sold “as is” based on the Seller’s description. HushHush makes no representation or warranty, express or implied, to any Buyer with respect to any item purchased on the Site, including without limitation, its condition, merchantability, fitness for a particular purpose, rarity, importance, designer or creator, historical or commercial significance, intellectual property rights, title, provenance, conformity to any description or images as viewed on the Buyer’s computer monitor or otherwise.
16) Proprietary Rights
You acknowledge and agree that the content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of HushHush and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. If you give feedback to us regarding the look or operation of the Site (for example, recommendations for improvements or features), implementation of that feedback is owned by us and may become part of the Site without compensation to you. HushHush, and www.hushhush.com are legally protected intellectual properties and may not be used without authorisation. We reserve all rights in and to the Site unless we expressly state otherwise.
17) User Content
You are solely responsible for any User Content you post to the Site, and the consequences of posting or publishing it. By “User Content”, we mean any Content you post to the Site. “Content” means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials or intellectual property. When we say “post”, we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Site. If you post User Content, you are representing and warranting to us that you either own all the content you are posting in the User Content, or you have the right to post the User Content. Furthermore, you are representing and warranting that you have the right to allow us to make your User Content available for others to view and use as part of the Site without requiring that any such use be subject to additional terms, payments, obligations or other requirements. If you do not have these rights, do not post the User Content.
18) Posting User Content
By posting your User Content, you do not lose any ownership rights you may have to it: However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Site and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed. You also grant each user of the Site a non-exclusive royalty-free, fully-paid, sublicensable and transferable license to access your User Content through the Site, and to use such User Content as permitted through the functionality of the Site and under these Terms & Conditions.
19) Prohibited Use
You may not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions, or to solicit the performance of any illegal activity of other activity which infringes the rights of HushHush or others. Notwithstanding any other rights or restrictions in these Terms & Conditions, you may not use this Site to:
- Sell, license, rent, modify, distribute, copy, reproduce, transmit publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site.
- Use the content and materials for any purpose not expressly permitted in these Terms & Conditions, including any use that may be viewed as unlawful, threatening, abusive, harassing or intimidating to any other users or Sellers.
- Decompile, copy, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, or to discover or attempt to discover the html or source code with respect to the Site or otherwise copy or disseminate any proprietary information.
- Copy, frameset, enclose or otherwise distribute any part of the Site.
- Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorised use of this Site or otherwise in response to specific requests for information by us.
- Introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful codes.
- Attempt to obtain unauthorised access to any computer system, including without limitation access to any API that may be provided by HushHush in a manner not authorised by HushHush; or to engage in any activity that disrupts or diminishes the quality of the Site or interferes with the proper functioning of the Site.
- Transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
- Impersonate any other person including but not limited to, a registered user of this Site or an employee of HushHush.
- Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
- Misrepresent the identity of a user or use a false e-mail address.
- Tamper with or obtain access to this Site or any component of this Site.
- Conduct fraudulent activities.
- Collect or harvest email addresses or other information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
- Abuse special discounts, awards or incentives offered by HushHush.
- Use automated means to download data from the Site or to use “posting agents” to post items on the Site
20) Prohibited User Content
If we allow you to upload User Content, you may not:
- Provide User Content that you do not have the right to submit, unless you have the owner’s permission. This includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
- Forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;
- Provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
- Provide User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Impersonate anyone else or lie about your affiliation with another person or entity in your User Content;
- Use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks in your User Content; or
- Provide User Content which disparage us or our partners, merchants or affiliates.
We have the sole right, but not necessarily the obligation, to delete any User Content that violates these rules or that we believe to be inappropriate for any reason.
21) Your User Content Becomes Public
You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential. To the contrary, you should assume that any User Content posted on the Site will be widely and publicly disseminated and available for public viewing to anyone around the world. In addition, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation or disclosure of such User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms & Conditions, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of HushHush, its users or the public as required or permitted by law.
22) We Are Not Responsible for User Content
We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in User Content. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content. You may be offended by User Content that you see on the Site. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Site, including your exposure to User Content.
23) Accuracy of Purchase Information
HushHush may work with outside providers for maintenance of the HushHush website. We and our partners strive for complete accuracy in description and pricing of the products on the Site. However, due to the nature of managing third-party content on the internet, occasional mistakes or inaccuracies may appear on the Site. HushHush reserves the right, in its sole and absolute discretion, to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price you may be refunded the overcharge and the item will ship for the correct price. If the displayed price is less than the actual price, HushHush will void the purchase and attempt to contact you via either phone or email to inquire if you would like to purchase the item for the correct price.
24) Suggested Retail Prices
Sellers may display suggested retail prices for goods offered on the Site based on pricing information provided by merchants, manufacturers, or other sources. HushHush makes no representations about the reliability or accuracy of any such information listed on the Site and assumes no responsibility or liability for any inaccuracies in such information.
25) No Implied Endorsement of Third-Party Websites
The Site may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third-party product or service be construed as an approval or endorsement by HushHush of that third party, third party website or of any product or service provided by that third party. Users of our Site are encouraged to read the Terms & Conditions and privacy policies of these other websites.
By using this Site, you agree to indemnify, hold harmless and defend HushHush, its respective members, officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages losses, liabilities, and all costs and expenses of defence, including but not limited to, legal fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your User Content; (3) your breach of the Terms & Conditions; or (4) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defence of any claim. HushHush reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms & Conditions and your use of the Site.
27) Risk of Loss
The Seller has represented to HushHush that the Seller is the owner of each item and that Seller will convey title for each item to the Buyer upon receipt of the amount due from Buyer less any agreed fees or expenses authorised to be paid to HushHush. The items purchased from our Site are typically shipped by Sellers using a third-party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon the Seller’s delivery of the item to the carrier for shipment. Please refer to any shipping insurance options available through the Seller prior to purchasing any merchandise
28) International Use
HushHush makes no representation that information on this Site is appropriate or available for use outside the United Kingdom. Those who choose to access this Site from outside the United Kingdom do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any User Content or any copy or adaptation of such User Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United Kingdom export laws and regulations.
29) Unavailability of Site
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your use or access to all or part of the Site, or your account or registration, for any reason, including without limitation, breach of these Terms & Conditions. We may decide to cease making available the Site or any portion of the Site at any time and for any reason including routine maintenance, Site improvements or to address any issues with the Site. In addition, you acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will HushHush be liable for any damages due to such interruptions or lack of availability.
30) Copyright Infringement Notice and Take Down Procedures
If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorised representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; and (e) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorised to act on the owner’s behalf. Such notices may be sent to HushHush at 40 Islington High Street, London, N1 8XB or by email to firstname.lastname@example.org.
31) Disclaimer of Warranty
THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, HUSHHUSH DOES NOT WARRANT THAT (1) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
32) Limitation of Liability
IN NO EVENT SHALL HUSHHUSH OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF HUSHHUSH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF HUSHHUSH OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO HUSHHUSH IN CONNECTION WITH THE APPLICABLE TRANSACTION OR IF YOU HAVE NOT PAID ANY AMOUNT, THE SUM OF £100. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL HUSHHUSH OR ITS MEMBERS, OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF HUSHHUSH.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply, and liability will be limited to the fullest extent permitted by applicable law.
If, at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. If we terminate your use of the Site for failure to comply with these Terms & Conditions or otherwise for cause, we will not refund any fees you may have paid for goods that have been shipped. You understand that we may also continue to make your User Content available on the Site even if your use of the Site is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Site.
We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms & Conditions or your account are terminated, the restrictions regarding intellectual property matters and the representations, warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
34) Other Important Information
If any part of these Terms & Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of HushHush to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. A failure by HushHush to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. The section headings contained in these Terms & Conditions are included for convenience only and shall not limit or otherwise affect the provisions of these Terms & Conditions. These Terms & Conditions, and any rights and licenses granted under these Terms & Conditions, may not be transferred or assigned by you, but may be assigned by us without restriction. We won’t be liable to you for any delay or failure to perform any obligation we have under these Terms & Conditions if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.
Severability – Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver – If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
Entire agreement – These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control – We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our or the Partners reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
If such an event takes place and it affects the performance of our or the Partners’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Partners’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.
Complaints – We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.
35) Governing Law and Jurisdiction
Anything related to your order, use of the Websites or these Terms and Conditions are governed by English law. The courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions
Any notices to HushHush under these Terms & Conditions shall be sent by email to email@example.com or by mail addressed to: HushHush, 40 Islington High Street, London, N1 8XB, United Kingdom
Modified on January 12, 2019