User Agreement
Terms of Service: an agreement between you and Jaybee Supplies Limited to enter and use this website and services.
Welcome to the Jaybee Supplies Limited website and services on behalf of Jaybee Supplies Limited.
We hope you enjoy using our facilities. Please note that this is a legal agreement: by continuing to use this website after reading these Terms of Service, you are accepting our services under the terms of this agreement.
It is your responsibility to remain informed of any changes to these terms, as using our services on subsequent visits constitutes acceptance of all terms and conditions. We may update these terms from time to time without direct notification.
1. Jaybee Supplies Limited Services on behalf of Jaybee Supplies Limited
Our services include:
- Creating, designing, and customising products listed for sale.
- Purchasing products listed for sale.
- Saving and sharing designs you have created.
- Using our image and design tools.
- Saving created images and designs into public and personal galleries.
- Posting your created images to social networks or blogs for which you hold legal rights.
- Registering to receive special offers and use galleries.
2. Using our Jaybee Supplies Limited Services and Website
In consideration of the promises and obligations set out herein, and intending to be legally bound, these Terms of Use provide as follows:
2.1 Eligibility – Children Under 18
Jaybee Supplies Limited will only knowingly provide products or services to persons who are legally able to enter into contracts under UK law.
If you are under 18 but at least 13, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Children under 13 may view the Website but may not order products or services.
2.2 Definitions and Interpretation
In these Terms of Use, unless the context indicates otherwise:
- Intellectual Property Rights means all industrial, commercial, and intellectual property rights (including equivalent or similar rights recognised now or in the future).
- Person includes any legal or quasi-legal entity.
- User means any person using the website and/or services provided by Jaybee Supplies Limited.
- References to documents, materials, information, or data include any such items in any form, whether electronic, digital, or otherwise.
- The word “includes” is not a word of limitation.
3. User Obligations
3.1 Responsibilities
Users are fully responsible, at their own cost, for:
- All equipment, software, and connections required to access and use the Website and services.
- Their use of the Website, including any materials they create, author, or develop.
- Complying with all applicable laws, regulations, and rules in the UK or their jurisdiction.
- Following any recommendations or guidelines issued by Jaybee Supplies Limited regarding the use of the Website and/or services.
- Ensuring that all electronic or other media used in connection with the Website and services comply with these Terms of Use and all applicable laws.
3.2 Restrictions on Users
Users shall not, and have no right to:
- Reproduce, publish, distribute, sub-license, or resell the Website and/or services to any person.
- Use the Website or services to provide services to others.
- Modify, adapt, disassemble, decompile, or reverse engineer the Website or services.
- Use the Website and/or services to create, design, manufacture, market, publish, transmit, distribute, or sell materials that:
- Infringe the rights of any person, including Intellectual Property Rights or rights of privacy.
- Are defamatory, libellous, or offensive.
- Contain malware, viruses, or harmful programs.
- Contain explicit sexual content.
- Harass, threaten, defame, or abuse others.
- Exploit images or likenesses of minors.
- Encourage illegal activity, underage alcohol or tobacco use, or drug use.
- Are otherwise offensive or in bad taste.
- Use unsolicited communications (“spam”) to market products or services.
- Impersonate others or engage in any activity that disrupts or interferes with the Website or services.
- Frame, link, or otherwise present the Website as part of another website without permission.
Acknowledgement: Users agree that Jaybee Supplies Limited may, at its sole discretion and without notice, terminate access to the Website and services or take legal action against anyone breaching these Terms.
4. Jaybee Supplies Limited Obligations on behalf of Jaybee Supplies Limited
4.1 Access to and use of the Website and Services
Subject to the User complying with and fulfilling each of their obligations under these Terms of Use, Jaybee Supplies Limited shall permit the User to access and use the Website and the services.
4.2 Privacy
Jaybee Supplies Limited, on behalf of Jaybee Supplies Limited, may collect personal data concerning the User in the course of, and incidental to, the User’s use of the Website and services. Jaybee Supplies Limited shall comply with, and the User hereby irrevocably and unconditionally consents to, Jaybee Supplies Limited’s collection, use and disclosure of such data in accordance with its Privacy Policy (the terms of which may be accessed through the link on the Website).
4.3 Training
The User acknowledges that Jaybee Supplies Limited has no obligation to provide any training or other support regarding the use or operation of the Website and/or services.
4.4 Modification of the Website
Jaybee Supplies Limited reserves the right to modify the organisation, structure, content or “look and feel” of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or liability to the User or any other person. Jaybee Supplies Limited retains full discretion over the features, functions and other terms and conditions on which the Website and the service are made available.
5. Intellectual Property Rights
5.1 Reservation of title
The User acknowledges that these Terms of Use do not convey, and that they derive no right, title or interest in or to any Intellectual Property Rights that vest in or relate to the Website and/or services, other than pursuant to the express authorisation set out in clause 4.1. Jaybee Supplies Limited grants the User a limited, revocable licence to access and use the Website and services for their intended purposes, subject to the User’s compliance with these Terms of Use. This licence does not include the right to collect or use information contained on the Website for purposes prohibited by Jaybee Supplies Limited; to compete with Jaybee Supplies Limited; to create derivative works based on the layout, design, look-and-feel, or structure of the Website; or to download or copy the Website (other than for page caching). Should the User exceed the scope of this licence or breach these Terms of Use, Jaybee Supplies Limited may revoke the licence and deny access to the Website and services.
5.2 Prohibition on infringement
The User acknowledges and agrees that Jaybee Supplies Limited expressly prohibits accessing or using the Website and/or services in any way that infringes, or is likely to infringe, the Intellectual Property Rights or other rights of any person.
5.3 Derivative material
Subject to clause 5.2, the User shall own any Intellectual Property Rights in any original material they author, design or create using the functionality provided by the Website. If the User adds any item to a public gallery, in consideration of the authorisation granted under clause 4.1, the User grants Jaybee Supplies Limited an irrevocable, perpetual, non-exclusive, worldwide licence to do all acts comprised within the said Intellectual Property Rights, including authorising others to do so.
6. Registration
User Account, Password, and Security
Upon completing the Website’s registration process, the User will receive a password and account designation. The User is responsible for maintaining the confidentiality of their password and account, and is fully responsible for all activities occurring under their password or account. The User agrees to:
(a) immediately notify Jaybee Supplies Limited of any unauthorised use of their password or account, or any other security breach; and
(b) ensure that they log out from their account at the end of each session.
Jaybee Supplies Limited shall not be liable for any loss or damage arising from the User’s failure to comply with this Section 6.
7. Warranties
7.1 User warranties
The User represents and warrants to Jaybee Supplies Limited that, in their use of the Website and the Services:
(a) they will not infringe the Intellectual Property Rights, trade secrets, privacy rights, publicity rights, or any other legal rights of any person; and
(b) they will comply with all applicable laws, regulations, and rules.
The User further represents and warrants to Jaybee Supplies Limited that:
(a) there are no claims, demands, or litigation pending, or to the best of their knowledge, threatened, in respect of any content they use or propose to use;
(b) Jaybee Supplies Limited will not be required to make any payments or provide compensation to any person in connection with such content; and
(c) such content does not contain viruses or any other programs, code, or technology which may disrupt or damage the Website and/or the Services.
7.2 Jaybee Supplies Limited warranties
Jaybee Supplies Limited represents and warrants that it has the right to grant the User access to, and a licence to use, the Website and Services subject to, and in accordance with, these Terms of Use.
7.3 Caveats
The Website and Services are provided on an “as is” and “as available” basis. Nothing in these Terms of Use shall be construed as a representation or warranty by Jaybee Supplies Limited that the functionality or operation of the Website or Services will:
(a) be uninterrupted or error-free;
(b) meet the User’s requirements; or
(c) operate with the hardware or software used by the User.
The User acknowledges that the Website and Services, as with technology generally, may contain errors or bugs, may experience downtime, or encounter unexpected problems. Jaybee Supplies Limited does not control the flow of data and information through the internet, and such flow may be disrupted due to circumstances outside Jaybee Supplies Limited’s control. Jaybee Supplies Limited does not warrant that any data or content on the Website is complete or accurate.
7.4 Exclusion of implied warranties
Subject only to Clause 8.1, all conditions, warranties, representations, indemnities, and guarantees with respect to the Website and/or any other goods or services that might otherwise be implied by statute, law, equity, trade custom, prior dealings, or otherwise (including any implied warranty of merchantability, fitness for purpose, quiet enjoyment, or non-infringement) are hereby expressly excluded.
7.5 No representation or reliance
(a) The User acknowledges that neither Jaybee Supplies Limited nor anyone acting on its behalf has made any representations or inducements to enter into these Terms of Use except as expressly set out herein.
(b) The User confirms that they do not rely on any representation or inducement not expressly included in these Terms of Use.
8. Exclusion and Limitation of Liability
8.1 Subject to law
Nothing in these Terms of Use excludes or limits:
(a) any implied term or warranty which cannot be excluded under applicable law;
(b) liability for breach of terms which cannot be limited under applicable law;
(c) liability for fraud or fraudulent misrepresentation; or
(d) liability for death or personal injury caused by negligence.
8.2 Exclusion of liability
Subject to Clause 8.1, Jaybee Supplies Limited shall not be liable for:
(a) malfunctions, defects, failures, or other issues caused directly or indirectly by:
- third parties;
- unauthorised actions by the User;
- misuse or abuse by anyone other than Jaybee Supplies Limited;
- modifications to the Website or Services by anyone other than Jaybee Supplies Limited;
- products or services not supplied or licensed by Jaybee Supplies Limited;
- power surges or failures;
- force majeure events or other events outside Jaybee Supplies Limited’s control; or
- conditions outside normal operating circumstances.
(b) losses, costs, damages, or expenses arising from the User’s breach of these Terms of Use;
(c) loss of profit, business interruption, loss of goodwill, or loss of anticipated benefits;
(d) liability of the User to any third party; or
(e) indirect, consequential, special, exemplary, or punitive damages, even if Jaybee Supplies Limited has been advised of the possibility of such losses.
8.3 Links
Jaybee Supplies Limited may link to third-party websites without the User’s consent. Jaybee Supplies Limited is not responsible for the content or operation of these sites and does not warrant their accuracy, legality, or appropriateness. The User agrees not to hold Jaybee Supplies Limited liable for any losses or damages arising from use of these linked sites.
8.4 Limitation of liability
Subject to Clause 8.1, Jaybee Supplies Limited’s sole liability for any breach of these Terms of Use shall be limited to the replacement or substitution of any product or service ordered and paid for by the User via the Website.
8.5 User indemnity
The User shall indemnify and hold harmless Jaybee Supplies Limited against any liability, loss, cost, expense, or damage (including legal fees) arising from:
(a) their use of the Website or Services, including any legal violation;
(b) breach of these Terms of Use;
(c) misuse or misappropriation of content; or
(d) infringement of any person’s Intellectual Property Rights, privacy, or publicity rights.
9. Termination
9.1 Termination
(a) Jaybee Supplies Limited may, at any time and with or without cause, terminate these Terms of Use or suspend the User’s access to the Website or Services. Termination or suspension does not relieve the User of obligations accrued prior to termination.
(b) The User may terminate these Terms of Use at any time by ceasing to access the Website and using the Services.
9.2 Effect of termination
(a) On termination or expiry, Jaybee Supplies Limited may delete any content related to the User’s use of the Website or Services without liability.
(b) Termination or expiry does not affect accrued rights, remedies, or defences of either party.
10. General
10.1 Severability
If any clause or part of a clause of these Terms of Use, or any right or remedy of a party under these Terms of Use, is found to be void, invalid, or unenforceable by any court or tribunal with jurisdiction over these Terms of Use:
(a) it shall be read down or severed in that jurisdiction only to the extent necessary to make it valid and enforceable; and
(b) this shall not affect the validity or enforceability of that clause in any other jurisdiction or of the remaining terms in any jurisdiction.
10.2 Variation
Jaybee Supplies Limited may unilaterally amend these Terms of Use at any time at its sole discretion. The User agrees to be bound by such amended terms. The amended terms shall take effect automatically upon being posted on the Website. Continued use of the Website or Services after such posting constitutes the User’s unequivocal and unconditional acceptance of the amended terms. No other form of amendment shall be valid. If the User does not agree to any amended or current terms, their sole remedy is to cease using the Website and the Services.
10.3 Waiver
Any waiver, consent, election, or acquiescence under these Terms of Use shall only be effective and binding if provided in writing by the party granting it.
10.4 Assignment
(a) Jaybee Supplies Limited may at any time transfer, assign, novate, or otherwise dispose of any or all of its rights or obligations under these Terms of Use by giving the User no less than five (5) days’ written notice.
10.5 Governing Law and Jurisdiction
(a) These Terms of Use shall be governed by and construed in accordance with the law of England and Wales.
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute arising under or in connection with these Terms of Use.
