Legal
Introduction
These Terms apply to each person who wishes to access or use this Website (“User”). In order to access and use this Website, each User must accept these Terms and will be deemed to do so by accessing or using this Website.
1. Basic Requirements
Each User and any material which he/she posts onto this Website must comply with the following basic standards:
(a) All information and activities must be legal, decent and honest (in terms of Jersey’s and the User’s applicable law and standards);
(b) Date protection legislation within Jersey and the User’s applicable law must be adhered to in order that personal information is not traded or disclosed illegally;
(c) Each User must comply with generally accepted principles of Internet usage including (without limitation) refraining from sending or implanting mail bombs, trojan horses, viruses or other disruptive programs or devices and refraining from violating the security of the Website;
(d) Each User must comply with any other applicable standards and laws and regulations as the same are created from time to time.
2. Specific Responsibilities of User
(a) Each User is solely responsible for the accuracy, legality, currency and compliance of any material submitted by it to or through this Website and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
(b) Each User is solely responsible for maintaining the confidentiality of any logon ID applicable to this Website and for its use. As traffic on this Website and in any discussion groups may be monitored, evidence of use of any logon ID can be produced to support or defend any dispute or actionable cause or matter that arises in relation to the same.
(c) Where Users collaborate with one another as a result of use of this Website, they do so as independent contracting parties. Users acknowledge that Jersey Sushi will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.
3. Responsibilities of Jersey Sushi
(a) Where applicable to any service provided through this Website, Jersey Sushi will [check/confirm] the identity of Users before a logon ID is given for any User utilising this Website.
(b) [Jersey Sushi may, at its absolute discretion, administer the Complaints Procedure specified in paragraph [4].]
(c) In administering the Complaints Procedure Jersey Sushi will not act in the capacity of arbitrator, conciliator, judge or adviser to or between any User or third parties.
(d) Jersey Sushi may, at its absolute discretion, suspend or discontinue the Complaints Procedure in whole or in part or in relation to any complaint.
4. Complaints Procedure
(a) Jersey Sushi will deal with complaints as soon as practicable and where necessary, call upon evidence of the applicable Users or third parties in dispute.
(b) Sanctions available to Jersey Sushi will include the following
(i) removing materials and hyperlinks from and to the Website ;
(ii) referring the matter to the appropriate law enforcement agency, where the dispute is of a criminal or illegal nature;
(iii) referring the matter or the Users or complainants to a court of competent jurisdiction if the dispute necessitates the same.]
5. Indemnity and Waiver
(a) Each User agrees to indemnify and keep indemnified Jersey Sushi, its successors and assigns, and each of their respective directors, officers, employees and agents (collectively “Associates”) from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from the User’s use of and from any material posted on this Website including but not limited to use of the information contained on this Website or arising from any introduction or collaboration resulting therefrom or otherwise arising from using this Website.
(b) Each User waives any right to bring any claim or action against Jersey Sushi or its Associates for any loss, damage or injury arising from use of this Website or any material from this Website or from these Terms.
6. Exclusion of Warranties and Liability
(a) Jersey Sushi does not warrant the content, accuracy or veracity of any material or other information on this Website, the responsibility for which rests with each User.
(b) Each User accepts this Website “AS IS” with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement. No warranty in respect of downtime is given or implied.
(c) Except as expressly provided in these terms and except in respect of personal injury or death caused by Jersey Sushi’s negligence, in no event will Jersey Sushi be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any User’s access to, or use of this Website, any material thereon or any goods, materials or services available therefrom, whether based in contract, tort and whether negligent or otherwise, even if Jersey Sushi has been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, Jersey Sushi’s aggregate total liability to any User for all such damages and losses shall be limited to [the fees paid to Jersey Sushi in connection with this Website by the User suffering loss during the twelve months preceding the event giving rise to liability].
7. Term and Termination
Each User agrees to remain bound by these Terms (as amended from time to time) for as long as they remain a User of this Website and wishes to use this Website unless Jersey Sushi earlier terminates, suspends or otherwise limits access to this Website and/or discussion group in accordance with paragraph [4] or as it otherwise deems is appropriate.
8. Applicable Law
Each User agrees that these Terms and any dispute arising in any way in relation to this Website will be governed by and construed in accordance with the applicable laws of Jersey and the Courts of Jersey shall have exclusive jurisdiction in respect hereof.
9. Orders for Goods or Services
(a) If any User submits to Jersey Sushi an order to buy goods [and/or acquire services], his/her order will constitute an irrevocable offer by the User to buy goods [and/or services] from Jersey Sushi subject to these terms.
(b)Jersey Sushi may accept any User’s order by e-mail [within [1] days of receipt]. Until Jersey Sushi expressly does so, no contract will exist between the User and Jersey Sushi.
(c) If Jersey Sushi is unable to accept a User’s order for goods due to insufficient stocks, Jersey Sushi will notify the User and may suggest alternative goods. If please charge “you” to “the User” throughout wish to purchase the alternative goods, you will need to resubmit an amended order to Jersey Sushi.
(d) Jersey Sushi’s e-mailed acceptance will be effective at the time [dispatched] to a User from its offices in Jersey (whether or not received). The resulting contract between Jersey Sushi and any User will be deemed to be formed in Jersey.
(e) These Terms will constitute the contract for the purchase of goods [and/or services] from Jersey Sushi by all User’s to the exclusion of any other terms and conditions.
These conditions may not be varied by you unless expressly agreed in writing by Jersey Sushi.
(f) [Once a User’s order has been accepted by Jersey Sushi it may not be cancelled by Users without Jersey Sushi agreement, If Users do not wish to keep the goods ordered Jersey Sushi may, at its absolute discretion, provide replacement goods or offer credits against future purchases provided that Users return the goods to Jersey Sushi unused and undamaged with [14] days and bear any additional delivery costs incurred by Jersey Sushi.]
10. Description of Goods and Price
(a) The quantity, quality and description of the goods [and/or services] will be those set out in the User’s order (if accepted by Jersey Sushi).
(b) Jersey Sushi has made every effort to display the colour of its Sushi to the best of the company’s ability, however cannot guarantee that the Users’ monitors display of any colour will be accurate.
(c) Jersey Sushi reserves the right to make any changes to the specification of the goods [and/or services] that may be required to conform with any applicable statutory or regulatory requirements or which do not materially affect their quality or performance.
(d) Jersey Sushi may correct, at any time, without any liability on its part, any typographical, clerical or other error or omission in this Website or any sales literature, price list, acceptance or other information issued by Jersey Sushi.
11. Price of and Payment
(a) The price of the goods [and/or services] shall be the price listed in the Website’s price list current at the date of [acceptance] of any User’s order.
(b) The price is payable in pounds sterling exclusive of any applicable value added or other sales tax. Users will be responsible for the payment of any applicable value added or other sales taxes and duties payable upon importation of goods into the European Union or any other country of destination.
(c) The cost of delivery is identified and added to the price of the goods the on-line order form.
(d) Before Jersey Sushi can process and accept User’s orders, Users must give Jersey Sushi their accurate and full name, address, telephone number, e-mail address and valid credit card information.
(e) [Upon acceptance of orders by Jersey Sushi, Jersey Sushi will process credit card payments.] [Other payment methods will require Jersey Sushi express agreement in advance.]
12. Delivery
(a) Following payment, Jersey Sushi will arrange delivery of goods by person.
(b) Delivery normally takes between 2-4 hours from acceptance of order, depending on location, method of payment [and the availability of goods]. Any dates quoted for delivery of the goods are approximate only. Jersey Sushi will not be liable for any delay in delivery of the goods howsoever caused. Time for delivery will not be of the essence.
(c) If Jersey Sushi is unable to deliver the goods to Users for any reason within [2-4] hours of acceptance of orders, Jersey Sushi will, if you wish, refund to you the price of the goods [less any costs incurred by us]. Jersey Sushi does not accept any other liability for non-delivery.]
(d) Users/Jersey Sushi will bear the risk of damage to or loss of the goods in transit and Users/Jersey Sushi will insure the goods whilst in delivery at Users/Jersey Sushi cost].
13. General
(a) In the event that any provision in these Terms is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions which shall be enforceable to the fullest extent permitted by the applicable Law.
(b) These Terms represents the entire agreement between User and Jersey Sushi relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding this Website.
14. General
(a) In the event that any provision in these Terms is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions which shall be enforceable to the fullest extent permitted by the applicable Law.
(b) These Terms represents the entire agreement between User and Jersey Sushi relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding this Website.
15. Data Protection
(a) Jersey Sushi will use your personal date in the manner set out in its privacy policy (as amended from time to time) which is hereby incorporated into these terms by reference. Users hereby consent to the collection and use of personal data by us in the manner set out in the privacy policy. Users should check the privacy policy frequently for any changes.
16. Copyright
This website and its contents are protected by copyright and Users may use this website and its contents only in the manner set out in the copyright notice (as amended from time to time) which is hereby incorporated into these terms by reference. Users should check the copyright notice frequently for changes.
17. Copyright Notice
(a) All Website design, text, graphics, the selection and arrangement therof, and all software compilations, underlying source code, software (including applets) and all other material on this Website [(“the Materials”)] are copyright Jersey Sushi and its Associates, or their content and technology providers. All rights reserved.
(b) [You may download, store and use the Materials for your own personal, non-commercial use. You may not republish, retransmit, redistribute or otherwise make the Material available to any other person or make the same available on any website, on-line service or bulletin board of your own or of any other person or make the same available in hard copy or on any other media to any other person without the Jersey Sushi’s express prior written consent.]