Terms and Conditions
Terms Of Service
OVERVIEW
This website, www.thirteenmonths.co.uk, hereinafter the “Site”, is operated by Thirteen Months Ltd., an UK company with head office at PO Box 59546. Throughout the Site, the terms “Thirteen Months”, “we”, “us” and “our” refer to Thirteen Months Ltd. Thirteen Months offers this Site, including all information, tools and services available from this Site to you (“user” or “you”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/ or purchasing something from us, you engage in our services (“Service”) and agree to be bound by the following terms of service (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - DEFINITIONS
For the purpose of these Terms, the definitions of capitalized terms that appear in these Terms of Service are defined as put in quotation marks throughout this entire document.
SECTION 2 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. We do not want nor is our intention to solicit and knowingly collect personal information from minor dependents.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your data (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – OWNERSHIP, INTELLECTUAL PROPERTY RIGHT AND ACCURACY
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, any files, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. This refers to all non-tangible assets and any corresponding property rights under the laws of any jurisdiction including but not limited to creative works, designs, symbols, literary and artistic works, images, trade secrets, proprietary data, like customer lists and all products developed in whole or in part by us. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, decompiled, reverse engineered, disassembled or otherwise reduced it to a human-readable form, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, rented, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
You may not distribute or otherwise exploit any portion of the Service or sell, resell, rent, host, disclose, permit access to, or transfer it to any third party, without express written permission by us.
We are not responsible if information made available on this Site is not accurate, complete or current We reserve the right to modify or delete Content or features of this Site at any time, in any way, for any or no reason, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND USER ACCOUNT INFORMATION
The Service require you to register and create an account. You agree to provide, maintain and update true, accurate, current and complete information about yourself or the organization you represent. We reserve the right to validate your provided account information at any time.
On registering for an account, you will be required to provide an email and choose a password for your account. You are entirely responsible for the security and confidentiality of your email and password, and agree not to share these details with any person who is not authorized to use your account. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Services. In addition, you agree to exit from your account at the end of each session.
By using the Site and the Service, you confirm and warrant that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you have the legal capacity to enter into a legally binding contract and you agree to comply with these Terms; (d) you are not a minor in the jurisdiction in which you reside; (e) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (f) you will not use the Site for any illegal or unauthorized purpose; and (g) your use of the Site will not violate any relevant laws, statutes, rules, regulations, guidelines, directives and codes (hereafter “Applicable Laws”).
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may suspend or terminate your account and your ability to use the Services for failure to comply with these terms and conditions or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever. We have the right to refuse any and all current or future use of the Site or the Service (or any portion thereof). If your account is terminated for any reason, you will be prohibited to re-register or reapply for another user account without our written permission.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same user account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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For more detail, please read our Return Policy.
SECTION 8 - THIRD PARTY TOOLS AND CONTENT
We may provide you with access to third-party tools ("Third-Party Tools") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"), over which we neither investigate or monitor nor have any control nor input.
You acknowledge and agree that we provide access to Third-Party Tools ”as is” and “as available” without any warranties, representations or conditions of any kind. Third-Party Tools 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 Third-Party Content and Third-Party Tools compliance with Applicable Laws. We shall have no liability whatsoever arising from or relating to your use of optional Third-Party Tools.
Any use by you of Third-Party Tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Tools.
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY WEBSITES AND LINKS
Certain Content, products and services available via our Service may include materials from third-parties websites ("Third-Party Websites").
Third-party links on this Site may direct you to Third-Party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Third-Party Content or Third-Party Websites, or for any other materials, products, or services of third-parties. Inclusion of, linking to, or permitting the use of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us and our use of such Comments is governed by these Terms of Service. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion: (a) are false, inaccurate, or misleading; (b) are defamatory, abusive, harassing, threatening, or an invasion of a privacy right of another person; (c) are bigoted, hateful, or racially or otherwise offensive; (d) are violent, vulgar, obscene, pornographic, or otherwise sexually explicit, or harms or can reasonably be expected to harm any person or entity; (e) are illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including content that is, or represents an attempt of harassment, theft, or conspiracy to commit any criminal activity; (f) infringes or violates any right of a third party including right of privacy (specifically, you must not distribute another person's personal information of any kind without their permission) or publicity or any confidentiality obligation; (g) solicits personal information from any child or adolescent or exploits people under the age of 18 in a sexual or violent manner; (h) violates Applicable laws concerning child pornography, or otherwise intended to protect the health or well-being of minors; (i) regards or promotes in any way any escort services, prostitution, or sexual acts; (j) regards the creation, publication, or distribution of “fake news”, “hoax news”, Deep Fake content or similar content; (k) makes improper use of our support services or may lead to submitting false reports of abuse or misconduct; (l) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Service or any connected network, or otherwise interferes with any person or entity's use; (m) acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”); or (n) are antisocial, disruptive, or destructive, including "flaming", "spamming", "flooding", "trolling”, as those terms are commonly understood and used on the Internet.
You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
We have no obligation to pre-screen Comments, although we reserve the right in our sole discretion to pre-screen, refuse or remove any Comments. We reserve the right, but disclaim any obligation or responsibility, to refuse to post or remove any Comments from the Site that violates these terms and conditions when we facilitate compliance with Applicable Laws, including, for example, compliance with a court order, or help to protect the safety or security of any person or property, including the Service. Moreover, we retain all rights to remove Comments at any time for any reason or no reason whatsoever.
You acknowledge and agree that by posting Comments you are responsible, and not us, for any Comments including any harms caused to you, another individual, or a third party by such Comments. You will indemnify, defend, and hold harmless Thirteen Months and its personnel from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other individual against us relating to or arising out of any Comments you post.
We cannot and do not assure that other users are or will be complying with all or any of the provisions of these terms.
SECTION 11 - PERSONAL INFORMATION
We take your privacy seriously and we respect your data privacy and protection rights, and recognize the importance of protecting the personal information we collect about you.
Please refer to our Privacy Policy to find out more about how we collect, use, store and disclose your personal information and what your rights are.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on the Site should be taken to indicate that all information in the Service or on the Site has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any Applicable Laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to trick, mislead or solicit another user’s personally identifiable information, account name, password or other account information; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to make improper use of our support services or submit false reports of abuse or misconduct; (i) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of the Site, other websites, or the Internet; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; (l) directly or indirectly, to advertise or promote another websites, products, or services; or (m) to interfere with or circumvent the security features of the Service or the Site, other websites, or the Internet. We reserve the right to terminate your use of the Service or user account for violating any of the prohibited uses.
SECTION 14 – SERVICE AVAILABILITY AND SECURITY
We are committed to make the Site a highly available service for you to reply upon. However, you acknowledge that it is not possible for us to completely guarantee the provision or availability of the Service or that the Site will always be available and uninterrupted. You also acknowledge that the Site and the Service is run over the internet and that the internet is generally an insecure public network, which means that there are inherent risks thereof.
We will employ credible efforts to guarantee the security and integrity of all users’ data and that the Site and Service are available 24 hours a day, 7 days a week. Upgrades, maintenances, emergency repairs, and telecommunication failures may prohibit the availability of the Website and Services. You agree that we are not going to be responsible for any incident that may happen to you or any other party for any discontinuance, suspension, amendment, or lack of availability of the Site and Service.
You will make sure that your internet enabled device and telecommunications systems carry the appropriate anti-virus software necessary to minimize the risk of any harmful viruses infecting your internet enabled device. For the avoidance of doubt, we shall not be responsible for any security issues that you face as a result of connecting to the Site via an unsecured network.
Access to the Site is permitted on a temporary and “AS IS” basis. We may suspend, withdraw, discontinue or change all or any part of Service without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Thirteen Months, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you, if any, for accessing or participating in any activity related to the Service. Moreover, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
We make no claim that the Site or the Service are appropriate or available for use in any particular location. Those who choose to access the Service do so on their own initiative, agree to these terms and conditions and are responsible for compliance with all Applicable Laws, including any Applicable local Laws.
We reserve the right, but do not assume the obligation, to investigate any potential violation these Terms of Service and to remove, disable access to, or modify any user accounts and/or Comments from the Site.
SECTION 16 - INDEMNIFICATION
You hereby agree to take full responsibility and utterly indemnify and hold harmless Thirteen Months and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees for any cost, expense, loss, damages, claims, demands and liabilities, including reasonable attorneys’ fees and expenses howsoever caused that may arise in relation to (a) your uploading, posting, downloading or accessing of any Content, including Comments, material and/or other information; (b) any use of the Site or the Services; (c) breach of these Terms of Service; or (d) your violation of the rights of another user or a third party, including but not limited to their intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
You understand that we cannot and do not assure that other users are or will be complying with all or any of the provisions of these terms of service.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site by deleting your user account.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. We do not guarantee we will act against all breaches of these Terms.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Any changes to this Terms of Service will be effective upon posting on the Site, except the changes where your consent is expressly needed, which case the changes will apply from the date of your consent.
We may also notify you at our discretion by email with a service-related message.
SECTION 22 - CONTACT INFORMATION
If you have any questions or suggestions regarding our Terms and Conditions, you can contact us free of charge at info@thirteenmonths.co.uk. We will respond to your request as soon as possible, but not later than 30 days.
This Terms of Service were last updated on 9th November 2020.