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Terms and Conditions


Win Your Wishlists - Terms and Conditions.
- You must register on www.ellamatthew.com to be in the chance of winning
- Entrants will automatically be subscribed to our regular Newsletter updates
- Offer ends 31st January, 2014 at 11:59pm
- Subject to Availability: If any of your wishlist products is no longer available, you will be able to exchange for another product
- The entry with the most combined Social Media “likes” and “retweets” wins!
- Winner will be announced on 1st February, 2014
- Please note: Winnings cannot be exchanged for Cash Payment
- We reserve the Rights to make changes to these Terms and Conditions at any time


General Terms and Conditions
Access to and use of this Website and the products and services available through this Website are subject to the following terms and conditions. By using the Services, you are agreeing to all of the Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions. 
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time. From time to time, we may restrict access to some parts or this entire Website. 
This Website also contains links to other websites, which are not operated by Ella Matthew. Ella Matthew has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.


Privacy Policy
Our privacy policy can be found at Privacy Policy. By using this Website, you consent to the processing described in it and warrant that all data provided by you is accurate.


Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, known as "spam"; or attempt to affect the performance of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Ella Matthew will report any such breach to the relevant law enforcement authorities and disclose your identity to them. 
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.


Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Ella Matthew and is protected by copyright laws and treaties around the world. Ella Matthew reserves all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. 
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Ella Matthew as Ella Matthew.comTM are trade marks belonging to Ella Matthew. No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any mark which has similar color without the written permission of Ella Matthew


Ella Matthew Community Areas
Registration
Ella Matthew reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
Submission of material You own all of the content and information you post on Fashion Finder and the Blogs section (the "Community Areas") of the Website, and you can control how it is shared through your privacy settings. In addition: 
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Ella Matthew ("IP License"). This includes for example and without limitation the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In certain circumstances Ella Matthew may also share your contribution with trusted third parties. 
This IP License ends when you delete your IP content or your account provided that your content may still be accessible if it has been shared with others, and we are not obligated to delete IP content shared by you. You also acknowledge that Ella Matthew is not obliged to publish any material submitted by you on any Ella Matthew publication. 
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. 
When you publish content or information using the "Public" setting, it means that you are allowing everyone, including other Website users, to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified). We always appreciate your feedback or other suggestions about Ella Matthew.
By submitting any material to us, you agree to use the Ella Matthew Community Areas in accordance with the Community Guidelines and these Terms and Conditions.
If you do not want to grant Ella Matthew the permission set out above on these terms, please do not submit or share your contribution on the Community Areas.
The Service provides you with the ability to interact with social media services, such as through Facebook "Like" buttons, Twitter and so on These features may enable integration and/or access to your social media accounts. We do not control those social media services, your profiles on those services, modify your privacy settings on those services or establish rules about how your personal information on those services will be used. You and the social media service providers are in control of those issues, not Ella Matthew. You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you on our Service. We are not responsible for any acts or omissions by any social media service provider or your use of features that come from their platform.


Terms of Sale
By placing an order you are offering to purchase a product subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. 
Dispatch times may vary according to availability and any guarantees or representations made. In order to contract with Ella Matthew you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Ella Matthew retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party, which you have contracted with. This will usually be Ella Matthew or may in some cases be a third party. Where a contract is made with a third party Ella Matthew is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.


Our Contract
When you place an order, you will receive an e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.


Pricing and Availability
While we try and ensure that all details, descriptions and prices, which appear on this Website, are accurate, errors may occur. If we discover an error in the price of any goods, which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies


Payment
At the moment, we only accept Cash On Delivery, but we would allow payment with debit/credit card or in Bank in the nearest future.


Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Ella Matthew and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Ella Matthew 's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability, which cannot be excluded or limited under applicable law.


Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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 from any website that is not owned by you. 
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.


Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Ella Matthew and you should not rely on the existence of such a connection or affiliation. The respective trademark owners own any trade marks/names featured on this Website. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Ella Matthew.

Indemnity
You agree to indemnify, defend and hold harmless Ella Matthew, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms and Conditions.

Variation
Ella Matthew shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity
If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

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.

Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Nigeria and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Nigerian courts.

Entire Agreement
The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Ella Matthew. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by the Director of Ella Matthew.

Our rights
We reserve the right to:

modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Promotional discounts
Coupons, discounts and promotional discount codes offered by ellamatthew.com are valid only for use as part of a purchase made via ellamatthew.com, unless otherwise stated.. Such promotional discounts are not valid for use as part of a purchase in Ella Matthew concessions, or for telephone orders.

Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is"and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Law
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact
For any queries regarding our company, please contact us via email, or phone

Our company details are:
Ella Matthew Ltd
Registered office: 14 Surulere Industrial Road, off Acme road, Ogba, Ikeja, Lagos.
Registered in Nigeria. Company registration number: 7201296
Tax ID No: 17089860-0001

 

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