ACCEPTANCE OF TERMS
- 1.1These terms and conditions ("Terms and Conditions") apply to all users of www.Bespoke-lifestyle.com ("Website"), including all Advertisers. The Website is part of Bespoke Lifestyle Advertising JLT which provides a collection of online services, all of which are subject to these Terms and Conditions. Please ensure that you read these Terms and Conditions carefully. By visiting or using the services, you are agreeing to comply with and be legally bound by these Terms and Conditions. If you do not wish to comply with, or be legally bound by these Terms and Conditions, then do not visit the Website, or use the Services. These Terms and Conditions apply to all postings, forums, event listings, reviews, messages, text files, images, photographs or photographic images, videos, sounds, or any other materials ("Content") set out and listed on the Website and more particularly referred to in clause 4 below.
- 1.2When using certain services that form part of the Website, you agree to follow and abide by any applicable posted guidelines for all Services, which may change or be amended from time to time in accordance with these Terms and Conditions. In the event that you object to any guideline or Term or Condition, or any subsequent guideline or Term or Condition or, if you become dissatisfied with Bespoke Lifestyle Advertising JLT in any way, then you must immediately discontinue use of the relevant Service and/or immediately cease from visiting and using the Website. Bespoke Lifestyle Advertising JLT has the right, but shall not be obligated to enforce these Terms and Conditions.
- 1.3If you wish to post any advertisements or Content of any kind on the Website, then you acknowledge that you are deemed to have accepted these Terms and Conditions, together with any and all Terms and Conditions that appear on the Booking Form, and agree to be bound by the same. If you do not wish to be bound these Terms and Conditions, and those that appear on the Booking Form, then please do not continue to visit the Website and do not complete the Booking Form.
DEFINITIONS AND INTERPRETATION
In these Terms and Conditions the following terms will have the following meanings:
"Access" means the access by the general public or any third party to the Website.
"Booking Form" means the booking form found on the Website which a User must complete prior to it being able to list any Content on the Website.
"Services" means any and all online services offered to the general public by Bespoke Lifestyle Advertising JLT.
"User" means a member of the general public who visits the Website and agrees to be bound by these Terms and Conditions in their entirety, whether or not they proceed to post any Content on the Website by completing and submitting the Booking Form.
AMENDMENTS OR MODIFICATIONS TO THESE TERMS AND CONDITIONS
Bespoke Lifestyle Advertising JLT reserves the right in its absolute discretion, to change, modify or otherwise alter or amend these Terms and Conditions at any time. Such modifications or amendments shall be considered to form part of these Terms and Conditions immediately upon publication of the same on the Website. You must therefore read and review these Terms and Conditions on a regular basis to ensure that you are familiar with them and fully understand their implication.
- 4.1All rights, title and interest in the Content is either the property of Bespoke Lifestyle Advertising JLT or is used with the necessary permission of it’s affiliates, subsidiaries, licensors and suppliers and is protected by all applicable laws.
- 4.2All Users understand that any and all Content and Services posted on the Website, transmitted through, or otherwise made available through the Website is the sole responsibility of the person from whom such Content originated. For the avoidance of doubt, a User that posts any individual item ("Item") of Content using the Website or the Services will be entirely responsible for that Item.
- 4.3Bespoke Lifestyle Advertising JLT will, to the best of its ability, moderate and check the Content to ensure that it is not offensive or indecent, but Bespoke Lifestyle Advertising JLT is not responsible for controlling or checking any Item that is posted on the Website, and therefore, Users may be exposed to Content that is inaccurate, misleading or otherwise objectionable.
- 4.4Bespoke Lifestyle Advertising JLT cannot guarantee that any dealings a User has with other Users of the Service or Website will remain confidential nor that privacy will be maintained.
- 4.7As a User of the Website and the Services, you acknowledge that you must evaluate and bear all risks associated with the use of any Content, that you may not rely on the Content, and that under no circumstances will Bespoke Lifestyle Advertising JLT be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of the Content or any Services posted on the Website.
- 4.8Content displayed on the Website is protected by copyright, trademark rights, and international conventions. Any reproduction, creation of derivative works from or redistribution of the Website or its Content is prohibited without the express written consent of Bespoke Lifestyle Advertising JLT.
LINKS TO OTHER WEBSITES, THIRD PARTY CONTENT AND SERVICES
- 5.1The Services and Content available on the Website may contain functionalities and/or links to other third party websites and content which are completely independent of Bespoke Lifestyle Advertising JLT, If you link to any other third party web site, you do so at your own risk, and Bespoke Lifestyle Advertising JLT takes no responsibility of any kind for other third party websites.
- 5.3Any interaction with any physical and/or legal persons that you have met via the Website, including payment and delivery of goods or services, any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such physical and/or legal persons. It is the User’s sole responsibility to make whatever enquiry or investigation that it feels necessary or appropriate in the circumstances, before it proceeds with any online, physical or legal persons. It is the recommendation of Bespoke Lifestyle Advertising JLT to be cautious when interacting and dealing with physical and/or legal persons, and to be vigilant in your dealings.
- 5.4The User hereby acknowledges that Bespoke Lifestyle Advertising JLT shall not be responsible or liable for any loss or damage of any kind whatsoever incurred as a result of any such interaction or dealings referred to clause 5.3 above.
- 5.5If there is any disagreement or dispute between the Users of the Website or between the Users and any third party, the User understands and agrees that Bespoke Lifestyle Advertising JLT shall not be under any obligation to be involved in any such disagreement and dispute, and the User hereby acknowledges that in the event that it has a dispute with one or more other users, that it explicitly and irrevocably releases Bespoke Lifestyle Advertising JLT from any and all claims and damages arising out of or in any way connected with such disputes and the Website.
RIGHT OF ACCESS
- 6.1Bespoke Lifestyle Advertising JLT grants a User a limited non-exclusive, non-transferable, non-assignable, limited, revocable right to access the Services provided on the Website for the User’s own personal use. However, the right does not include any collection, aggregation, copying, duplication, display or derivative use of the Content or Services nor any use of the data gathering and extraction tools provided within the Content or Services, for any purpose unless expressly permitted by Bespoke Lifestyle Advertising JLT.
- 6.2Bespoke Lifestyle Advertising JLT will not be liable if for any reason the Website is unavailable at any time or for any period.
USER COPYRIGHT INFRINGEMENT AND INTELLECTUAL PROPERTY RIGHTS
- 7.1If a User of the Website believes for whatever reason that their work or any Content posted on the Website has been copied in any way that constitutes copyright infringement, or their intellectual property rights have been otherwise violated, please notify Bespoke Lifestyle Advertising JLT,
- 7.2Bespoke Lifestyle Advertising JLT will need to be provided with sufficient information and detail in order for them to identify the material that the User is claiming has been infringed together with a description of the infringement, and the User’s contact information.
- 7.3Once Bespoke Lifestyle Advertising JLT has been notified of an alleged copyright infringement by a User, they will endeavour to remove the relevant material/Content from the Website and the Services as soon as possible. However, it will be up to the copyright holder to enforce any copyrights it may have in any such material or Content.
BESPOKE LIFESTYLE ADVERTISING JLT INTELLECTUAL PROPERTY
- 8.1The User acknowledges that all rights and title in Bespoke Lifestyle Advertising JLT and the Website and in the intellectual property rights of Bespoke Lifestyle Advertising JLT and all documentation and materials relating to Bespoke Lifestyle Advertising JLT, regardless of media or format, whether registered or unregistered, anywhere in the world, belong, and shall belong, to Bespoke Lifestyle Advertising JLT, its affiliates, subsidiaries or the Bespoke group of companies, or its licensors, as the case may be.
- 8.2Except as expressly provided in these Terms and Conditions, nothing contained in these Terms and Conditions is intended to grant any, and the User shall have no, rights in or to the intellectual property rights in Bespoke Lifetstyle Advertising JLT,the Website, or the documentation and materials relating to Bespoke Lifetstyle Advertising JLT and the Website.
- 8.3Users may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Website or any software or database connected to the Website.
- 8.4Users may not copy, distribute, reproduce, sell, lease, assign, rent, sublicense, or encumber any aspect of the Website or any Content (as defined in Clause 4 above).
- 8.5Users also may not modify, adapt, or otherwise exploit or create derivative works of any aspect of the Website or any Content (as defined in Clause 4 above), other than with respect to a User’s own Content.
- 8.6Bespoke Lifestyle Advertising JLT may (but it not obliged to) enforce any and all of its intellectual property rights and other legal rights to the fullest extent possible by law, and may seek damages, injunctive relief, lawyer’s fees and criminal prosecution where appropriate. Any rights not expressly granted herein are reserved by Bespoke Lifestyle Advertising JLT.
ABUSE OF THE WEBSITE
9.1The Website offers Services which are high end luxury consumer goods, and high end luxury real estate, and as such there are limitations on the Content that can be posted on the Website. Therefore, by agreeing to be a User and agreeing to these Terms and Conditions, you acknowledge and agree that you cannot post, email, upload transmit or otherwise make Content available that:-
- is unlawful, harmful, threatening, abusive, harassing, invasive of other people’s rights, harmful to minors in any way, and invasive of privacy rights;
- considered to be degrading, harassment, intimidating or is hateful towards an individual or group of individuals on the basis of political orientation, religion, gender, sexual orientation, race, ethnicity, age or disability;
- is pornographic or depicts a human being engaged in actual sexual conduct or other sexual behaviour;
- is of a political nature and/or is critical of any government or municipal employee in any jurisdiction;
- is anti-Islamic or in any way derogatory towards Islam;
- impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity (which includes identifying personal information about another person) without their explicit consent;
- is false deceptive or misleading;
- infringes any intellectual property rights of any party, or Content that you do not have the right to make available under any legal or contractual relationship;
- contains any software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful and designed to interrupt, destroy or limit functionality of any computer software, hardware or telecommunication equipment;
- advertises any illegal service or the sale of anything illegal under any applicable law or regulation in the jurisdiction you are selling the product from or to;
- that constitutes "affiliate marketing", "junk mail", "spam", "phishing attempts", "chain letters", "pyramid schemes", or unsolicited commercial advertisements.
- uses misleading contact details to disguise the true origin.
You further agree not to:-
- contact people who do not wish to be contacted;
- stalk or harass other Users of the Website;
- collect personal information about Users for commercial or unlawful purposes;
- engage in any conduct that limits any other person from using or enjoying the Services and the Website;
- alter, delete or interfere or otherwise damage any part of the Website;
- attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
for the avoidance of doubt, the above list of prohibited content and actions is not exhaustive and Bespoke Lifestyle Advertising JLT reserves the right to (i) remove any Content that it considers (in its absolute and sole discretion) to be objectionable or in contradiction to applicable laws or regulations without notice; and (ii) take necessary steps to prevent persons who post content and/or conduct themselves in contravention of this Clause 9 from accessing the Website.
LIMITATION ON THE USAGE OF THE WEBSITE
- 11.1Bespoke Lifestyle Advertising JLT may establish any limitations, in our sole discretion, on your usage of the Website, including, but not limited to, limitations on the length of time that Content may remain on the Website, the file size of an individual item of Content, number of items of Content that can be posted, and the frequency with which you may access the Service.
- 11.2Users acknowledge that Bespoke Lifestyle Advertising JLT has no responsibility or liability for the deletion of any Content or, the failure to store any Content posted on the Website. The User further acknowledges that Bespoke Lifestyle Advertising JLT reserves the right at any time to modify or discontinue the Services (or any part of the Services) without notice, and that Bespoke Lifestyle Advertising JLT shall not be liable to the User or anyone else for such modification, suspension or discontinuance of the Services.
- 12.2Bespoke Lifestyle Advertising JLT reserves the right to delete any of a User’s Content from the Website at any time, and to terminate the User’s agreement.
- 12.3Bespoke Lifestyle Advertising JLT is not liable to any User or any third party for any termination of a User’s access to the Website or deletion of your posted Content.
- 12.4A User agrees not to try to use the Website after the said termination.
- 12.5If a User wishes to put on hold, or stop using the Services and/or advertising with Bespoke Lifestyle Advertising JLT a User can do so at any time by sending an email to firstname.lastname@example.org, a Director of Bespoke Lifestyle Advertising JLT before its next subscription payment is due.
PROPRIETARY RIGHTS IN THE SERVICES AND THE CONTENT
- 13.1As confirmed in clause 4 above, Bespoke Lifestyle Advertising JLT does not claim ownership of the Content that its Users post on its Website, but any User that posts Content onto the Website forming part of the Services or otherwise, is considered to have automatically granted (and the User hereby represents and warrants that it has the right to grant), Bespoke Lifestyle Advertising JLT an irrevocable, non-exclusive, fully paid, worldwide perpetual, royalty-free license to use, copy, perform, display, modify or to create derivative works of the Content, or incorporate into other works, the said Content and to grant and authorise sublicenses of such Content, or for any lawful purpose Bespoke Lifestyle Advertising JLT sees fit.
- 13.2The User warrants that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to the User the right to grant the license in the preceding clause.
- 13.3The User permits any other User of the Website to access, display, view, store and reproduce such Content.
- 13.4The User grants Bespoke Lifestyle Advertising JLT the right to prohibit the subsequent access, storage and reproduction or use of said Content by any party to any extent Bespoke Lifestyle Advertising JLT sees fit.
DISCLAIMER OF WARRANTIES
- 14.1THE USER AGREES THAT THE USE OF THE WEBSITE IS AT ITS OWN RISK.
- 14.2THE WEBSITE IS PROVIDED WITHOUT WARRANTY AND IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
- 14.3BESPOKE LIFESTYLE ADVERTISING JLT HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, OR ARISING BY STATUTE, CUSTOM, COURSE OF DEALING OR TRADE USAGE, WITH RESPECT TO THE WEBSITE OR ANY SERVICES PROVIDED HEREUNDER.
- 14.4NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, BESPOKE LIFESTYLE ADVERTISING JLT SPECIFICALLY DISCLAIMS THE FOLLOWING WITH RESPECT TO THE WEBSITE:
- IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY SERVICE OR GOOD ACQUIRED BY YOU FROM A THIRD PARTY;
- OF THE ACCURACY, TIMELINESS, SECURITY AND PERFORMANCE OF THE WEBSITE; OR
- FREEDOM FROM ANY ERRORS OR VIRUSES, TROJANS, WORMS, LOGIC BOMBS OR OTHER MATERIAL WHICH IS MALICIOUS OR TECHNOLOGICALLY HARMFUL.
LIMITATION OF LIABILITY
- 15.1To the maximum extent permitted by applicable law, Bespoke Lifestyle Advertising JLT hereby expressly excludes any liability for any damages whatsoever (including, without limitation, direct, indirect, special, punitive, incidental or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- 15.2In particular, Bespoke Lifestyle Advertising JLT is not liable for any damages or losses resulting to any User or a third party from:
- the use or the inability to use the Website;
- services or goods acquired through the Website;
- any Content displayed on the Website; or
- 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 the Website or to your downloading of any material posted on it, or on any website linked to it.
Users agree to indemnify, defend and hold harmless Bespoke Lifestyle Advertising JLT, its shareholders, officers, directors, employees, and agents from any claims, actions, demands, damages, losses or lawyer’s fees alleging or resulting from their use or misuse of the Website or any Content, breach of these Terms and Conditions, and a User’s violation of any third party’s proprietary rights, or any disputes between you as a User and one or more other Users connected to or arising from the Website in any way.
GOVERNING LAW & ARBITRATION
- 17.1These Terms and Conditions are governed by the laws of England, and all parties submit to the exclusive jurisdiction of the English courts.
- 17.2In the event of any disputes between you the User and Bespoke Lifestyle Advertising JLT, Bespoke Lifestyle Advertising JLT is open to first attempting to resolve the dispute in an informal and amicable manner.
- 17.3However, if either party believes that the dispute cannot be resolved in such a manner, then the parties agree that either party may refer any dispute arising out of, or in connection with, these Terms and Conditions, including any question regarding its existence, validity or termination, to be finally settled by binding arbitration. Such arbitration shall be held under the then-current Arbitration Rules of the Dubai International Financial Centre – London Court of International Arbitration ("DIFC Rules") by one (1) arbitrator appointed in accordance with such rules.
- 17.4The seat of arbitration shall be the Dubai International Financial Centre in Dubai, UAE. The arbitration shall be conducted in the English language. The arbitration award shall be final and binding on the parties. The arbitral tribunal may award reasonable legal fees and the cost of the arbitration to the prevailing party.
- 17.5Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
- 17.6Whilst an arbitrator is being appointed or an arbitral panel is being formed in accordance with the Rules, any party may seek interim relief from any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets, to which both the User and Bespoke Lifestyle Advertising JLT hereby submit for this limited purpose.
- 18.1The User agrees that the fact that these Terms and Conditions are in electronic format does not affect in any way their validity or enforceability.
- 18.3Bespoke Lifestyle Advertising JLT's delay or failure to exercise a right or act on a breach of these Terms and Conditions does not waive its right to do so in the future.
- 18.4The provisions of these Terms and Conditions shall be deemed severable, and if any provision is determined to be illegal or invalid under applicable law, such provision may be changed to the extent reasonably necessary to make the provision, as so changed, legal, valid and binding.
- 18.5You may not assign any part of these Terms and Conditions without the express written consent of Bespoke Lifestyle Advertising JLT. Bespoke Lifestyle Advertising JLT may assign these Terms and Conditions immediately upon posting a notice of such assignment on the Website.