Terms of service

STANDARD TERMS AND CONDITIONS OF USE
These standard terms and conditions of use (the “Terms of Use”) apply to the SLAPSTA ltd website located at www.slapsta.co.uk and all associated sites linked to www.slapsta.co.uk by SLAPSTA ltd., its parent(s), subsidiaries and affiliates, including SLAPSTA ltd (collectively, “SLAPSTA”) sites around the world (collectively, the “Site”) and the purchase of any products or services whether through the Site, a SLAPSTA representative or in person. The Site is the sole and exclusive property of SLAPSTA.

All legal disputes related to card processing are handled under United Kingdom Law

BY USING THIS SITE AND/OR PLACING A PURCHASE ORDER YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE DO NOT USE THE SITE AND/OR PLACE A PURCHASE ORDER.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND SLAPSTA ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT IN CLASS ACTIONS OF ANY KIND.

SLAPSTA reserves the right to modify, add or remove sections, portions or provisions of these Terms of Use at any time and at its sole discretion. It is the sole responsibility of any user to check our Terms of Use for any changes. Use of the Site and/or placing a purchase order following any changes will mean that you accept and agree to such changes.

CONTENT
All content, including but not limited to, text, graphics, interfaces, digital media, photographs, trademarks, logos (collectively, “Content”), including the design and expression, and arrangement of such Content is owned, controlled or licensed by or to SLAPSTA and is protected by various intellectual property rights and laws, including trade dress, copyright, patent and trademark laws. Except as expressly provided in these Terms of Use, no part of the Site or Content may be copied, replicated, republished, publicly displayed, encoded, transferred or distributed to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without SLAPSTA’s express prior written consent.

USER ACCOUNT AND SECURITY
You may be required to open an account to use certain features and services offered through the Site. It is your sole responsibility to maintain the confidentiality of the information you hold for your account, including your password and for any and all activity that occurs using your account. Please notify SLAPSTA immediately of any unauthorized use of your account or password, or any other breach of security. You will be held liable for losses incurred by SLAPSTA or any other user of or visitor to the Site due to unauthorized use of your account. SLAPSTA cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

PURCHASES; TERMS AND CONDITIONS
Please note, additional terms and conditions may apply to purchases of goods or services and/or features of the Site, all of which terms are made a part of these Terms of Use by this reference. In the event of a conflict between these Terms of Use and the terms posted to a specific portion of the Site or for any goods or services offered by SLAPSTA, the Terms of Use shall control with respect to your use of that portion of the Site or the specific service and/or purchase order.

SLAPSTA may modify its product or services and prices offered on the Site or by a SLAPSTA representative at any time without notice. The materials on the Site or presented by a SLAPSTA representative with respect to products and services may potentially be outdated and SLAPSTA makes no representation or warranty to update the materials on the Site or materials shared with a customer with respect to such products and services. Pricing or availability errors may occur on the Site or sales materials presented by a SLAPSTA representative. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell our products or services. SLAPSTA reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from SLAPSTA. SLAPSTA may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Site or from prices available by SLAPSTA representatives.

LIMITED WARRANTIES AND LIABILITY
SLAPSTA MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED WITH RESPECT TO THE SITE, GOODS AND/OR ANY SERVICES PROVIDED BY SLAPSTA, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE; OR (D) ANY CHANGES IN APPLICABLE LAW. ALL CONTENT, GOODS AND SERVICES PROVIDED ON THE SITE OR THROUGH A SLAPSTA REPRESENTATIVE ARE DELIVERED “AS-IS” AND MAY BE SUBJECT TO CHANGE WITHOUT NOTICE. SLAPSTA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SLAPSTA GOODS OR SERVICES OFFERED OR SOLD. THE CUSTOMER ASSUMES ALL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES CONTAINED THEREIN. YOUR SOLE REMEDY AGAINST SLAPSTA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

IN NO EVENT SHALL SLAPSTA BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH USE OF THE SITE AND/OR THE SALE OR PURCHASE OF GOODS OR SERVICES, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SLAPSTA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SLAPSTA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS SITE AND/OR PURCHASE OF GOODS OR SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SLAPSTA BY SUCH CUSTOMER FOR THE PRODUCTS AND SERVICES SOLD.

COMPLIANCE OF PRODUCTS OR SERVICES
SLAPSTA does not represent or warrant that any Content, goods or services offered on the Site by a SLAPSTA representative or otherwise are compliant with applicable law, including without limitation, heavy metal rules, requirements and regulations such goods or services. Any customer of SLAPSTA goods or services or user of the Site should contact their attorney to obtain advice with respect to any question, issue or problem, including without limitation, any compliance inquiry. SLAPSTA cannot guaranty the current status, accuracy, completeness of any Content, product or service or any compliance thereof.

INDEMNIFICATION
The customer shall indemnify, defend and hold harmless SLAPSTA and its officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, fees and the costs of enforcing any right to indemnification and the cost of pursuing any insurance providers, incurred by Indemnified Party, relating to or resulting from any claim of a third party or arising out of or occurring in connection with use of this Site and/or any purchase of the goods and services from SLAPSTA.

COMPLIANCE WITH LAW
Any user or customer of SLAPSTA goods and/or services affirms that it is acting in compliance with and shall comply with all applicable laws, regulations and ordinances. Any customer or user shall have and maintain in effect all the licenses, permissions, authorizations, consents and permits (the “Requisite Licenses”) that it needs to carry out its obligations to purchase any goods or services through the Site, a SLAPSTA representative or in person . In the event SLAPSTA requests any customer or user to provide the Requisite Licenses, said customer or user shall promptly comply with such request.

CHOICE OF LAW, FORM, AND DISPUTE RESOLUTION
You agree that all matters arising out of or relating to access to or use of the Site and/or the purchase of any good or services through the Site, a SLAPSTA representative or in person are governed by, and construed in accordance with, the laws of the State of California, without regard to the conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California. Any customer of SLAPSTA and/or user of the Site irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against SLAPSTA in any way arising out of or relating to access to or use of the Site and/or the purchase of any good or services through the Site, a SLAPSTA representative or in person, and any dispute, claim or controversy arising out of or relating to such or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final, binding arbitration in Orange County, California before three (3) arbitrators; provided, however, that each party retains its right to seek injunctive relief under applicable law in a state court located in Orange County, California. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.

VIOLATION OF TERMS OF USE
SLAPSTA reserves the right to and may disclose any information we have about you if SLAPSTA, in its sole and absolute discretion, determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site or any purchase of goods or services through the Site, a SLAPSTA representative or in person, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SLAPSTA’s rights or property, or the rights or property of SLAPSTA’s customers and/or visitors and users of the Site. SLAPSTA reserves the right at all times to disclose any information that SLAPSTA, in its sole and absolute discretion, deems necessary to comply with any applicable law, regulation, legal process or governmental or quasi-governmental request. SLAPSTA shall have the right to preserve any communication by you with SLAPSTA through the Site or otherwise or any service offered on or through the Site, a SLAPSTA representative or in person, and may also disclose such data if required to do so by law or SLAPSTA, in its sole and absolute discretion, determines that such preservation or disclosure is reasonably necessary to (1) enforce these Terms of Use, (2) comply with any form of legal process, (3) respond to claims that any such data violates the rights of any third-party, or (4) protect the rights, property or personal safety of SLAPSTA, its employees, users of or visitors to the Site, and the public.

SLAPSTA may in its sole and absolute discretion, without prior notice, terminate any user or customer’s access to the Site or the sale of any SLAPSTA products or services. The customer or user also hereby agrees that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause SLAPSTA irreparable harm, for which monetary damages would be inadequate, and you consent to SLAPSTA obtaining any injunctive or equitable relief that SLAPSTA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that SLAPSTA may have at law or in equity.

EXPORT POLICY
You acknowledge that any and all goods or services licensed or sold through the Site, a SLAPSTA representative or in person are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no goods, services or Content will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such goods, services or Content could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

MISCELLANEOUS
In connection with the Site, you will not: make available through or in connection with the Site any virus, worm, “Trojan horse”, “Easter egg”, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment; harvest or collect information about users of the Site; interfere with or disrupt the operation of the Site or the systems, servers, or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks; restrict or inhibit any other person from using the Site; reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Site except as expressly authorized in these Terms of Use, without SLAPSTA’s express prior written consent; reverse engineer, decompile, or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law; remove any copyright, trademark, or other proprietary rights notice from the Site; frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, unless you obtain SLAPSTA’s express prior written consent to do so; systematically download and store any Content; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Content, or reproduce or circumvent the navigational structure or presentation of the Site, without SLAPSTA’s express prior written consent; you will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited or cause to be a violation of these Terms of Use.

When you access a non-SLAPSTA website including through this Site, please understand that these sites are independent from SLAPSTA, and that SLAPSTA has no control over the content of such websites and does not give any warranty with respect to such websites.

If any term or provision of these Terms of Use are held invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction. Such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use to effect the original intent of SLAPSTA as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

Any failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by SLAPSTA of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between SLAPSTA and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

CONTACT INFORMATION:
Phone: (+44)1332-588-321