Terms & Conditions

Last updated: July 24, 2024

Introduction

Welcome to Elmpod Joy ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our website https://elmpodjoy.com (the "Website") and all content, services, and products available at or through the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the Website or use any of its services.

Intellectual Property Rights

Our Content

Unless otherwise stated, Elmpod Joy and/or its licensors own the intellectual property rights for all material on the Website. All intellectual property rights are reserved. You may view and/or print pages from the Website for your own personal use subject to restrictions set in these Terms.

You must not:

  • Republish material from the Website (including republication on another website)
  • Sell, rent, or sub-license material from the Website
  • Reproduce, duplicate, copy, or otherwise exploit material on the Website for a commercial purpose
  • Redistribute content from the Website (unless content is specifically made for redistribution)
  • Modify or alter any part of the Website or any of its related content

User Content

If you submit, upload, post, or transmit any content to the Website ("User Content"), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media or distribution methods now known or later developed.

You represent and warrant that:

  • You own or control all rights in and to the User Content you submit, or you have the right to submit such content to the Website;
  • The User Content does not violate the privacy rights, publicity rights, copyright, contractual rights, intellectual property rights, or any other rights of any person or entity;
  • The User Content does not contain any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
  • The User Content does not contain any viruses, adware, spyware, worms, or other malicious code.

We reserve the right to review, remove, edit, or refuse to post any User Content for any reason at our sole discretion.

Website Use

Acceptable Use

You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website. Prohibited behavior includes harassing or causing distress to other users, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Website.

Restricted Access

Access to certain areas of the Website may be restricted to users who have registered with us. If you are provided with a user ID and password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party. We reserve the right to disable any user account or password at any time if, in our opinion, you have failed to comply with any of the provisions of these Terms.

User Accounts

If you create an account on the Website, you are responsible for maintaining the security of your account and for all activities that occur under the account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

E-Commerce Terms

Purchases

If you make a purchase through the Website, the following terms apply:

  • All prices are displayed in British Pounds (GBP) and include applicable taxes unless otherwise stated;
  • Payment must be made in full before delivery of any products or services;
  • We accept payment through the methods specified on the Website;
  • We reserve the right to refuse any order placed through the Website;
  • We reserve the right to change prices, products, and services at any time without notice.

Product Information

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Website. However, we cannot guarantee that your computer monitor's display of any color will be accurate, and we do not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free.

Shipping and Delivery

We will arrange for the delivery of products ordered through the Website to the address you specify when placing your order. Delivery times provided are estimates only and may vary. We are not responsible for delays beyond our control.

Newsletter and Marketing Communications

If you subscribe to our newsletter or provide your email address for marketing purposes, you agree to receive marketing communications from us. You can opt-out of receiving these communications at any time by clicking the "unsubscribe" link in any email we send you or by contacting us directly.

Links to Third-Party Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by Elmpod Joy. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Elmpod Joy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Termination

We may terminate or suspend your access to all or any part of the Website immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Warranty Disclaimer

The Website is provided "as is" and "as available" without any representations or warranties, express or implied. Elmpod Joy makes no representations or warranties relating to the Website or the information and materials provided on the Website.

Without prejudice to the generality of the foregoing, Elmpod Joy does not warrant that:

  • The Website will be constantly available, or available at all; or
  • The information on the Website is complete, true, accurate, or non-misleading.

Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matters, you should consult an appropriate professional.

Limitation of Liability

To the maximum extent permitted by applicable law, Elmpod Joy will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Website;
  • Any conduct or content of any third party on the Website;
  • Any content obtained from the Website; or
  • Unauthorized access, use, or alteration of your transmissions or content.

In no event shall our total liability to you for all claims related to the Website exceed the amount paid by you, if any, for accessing the Website during the twelve months immediately preceding the date of the claim.

Indemnification

You agree to defend, indemnify, and hold harmless Elmpod Joy, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Entire Agreement

These Terms constitute the entire agreement between you and Elmpod Joy regarding our Website and supersede and replace any prior agreements we might have had between us regarding the Website.

Contact Us

If you have any questions about these Terms, please contact us: