Please read Sofia Gray‘s terms and conditions carefully before browsing www.sofiagray.com or using our services as they outline important information regarding your legal rights and obligations as a customer under which you are allowed to access or use Sofia Gray' website. These include various limitations and exclusions and a binding arbitration agreement and class action waiver
For the purpose of these terms and conditions, the definitions of capitalized terms that appear in this document are defined as per Definition dedicated section below
By visiting or using our Website and/ or purchasing something from it, you engage in our Service and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms shall apply to all users of the Website, including without limitation users who are browsers, buyers, sellers, and/ or contributors of content
Please ensure to check regularly for updates to these terms and conditions. Your use of the Service indicates that you agree to the Terms outlined in this document. Your continued use of the Service also means you are agreeing to any updates that might be made to these terms and conditions. If you do not agree with any of these terms, please do not access the Website and do not use any of the Service.
You must be over 18 years of age or reached the legal age as set in your place of residence to use the Website and the Service. The Website, Service and Content are not intended for children or adolescents under the legal age. We do not want nor is our intention to solicit and knowingly collect information for this type of audience. If you are below the legal age, you are forbidden to use the Service.
In these Terms and Conditions, when we refer to the capitalized words below, we intend them to have the following meanings
Applicable Laws - all relevant laws, statutes, rules, regulations, guidelines, directives and codes;
Buyer - the user that registered for a buyer account on the Website with the intention to communicate with Sellers and/or buy their products;
Client, You, Your, User - the person accessing and/or using the Website and/or the Service;
Content - all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website;
Intellectual Property Rights - any patents, registered and unregistered trade-marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs. Please refer to dedicated section below for further details;
Link Approved Organizations - are those organizations that are allowed to link our Website in their Third-Party Websites without prior written approval. These organizations include government agencies, search engines, news & media organizations, online directory distributers and Systemwide Accredited Businesses (except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website;
Marks - the trademarks, service marks, and logos contained within the Content;
Seller - the user that registered for a seller account by creating a personalized shop on the Website;
Service - proving access to our Website for Buyers and Sellers and the use of the memberships. Please refer to dedicated section below for further details;
Sofia Gray, Ourselves, We, Our, Us - refer to JOA Enterprise LTD, with address at 152 - 160 City Road, London, EC1V 2NX;
Terms, Terms and Conditions - refer to terms and conditions as described in the present document;
Third-Party Content - 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 Websites - other websites than Sofia Gray's Website;
Transaction - buying or selling a product using the Service;
User Content - any and all content uploaded to the Website by users including but not limited to any information, documents, preferences, designs, texts, briefs, drafts, images, videos, audio-visual information, materials, samples or other content;
Website - Sofia Gray's website www.sofiagray.com and all its subdomains and pages;
Any use of the above terminology or other words in the singular, plural or capitalization are taken as interchangeable and therefore as referring to same.
Unless otherwise indicated, the Website is our proprietary property and the Content and 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 Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission from us.
Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.
The Service require you to register and create an account. You agree to provide, maintain and update information about yourself. We reserve the right to validate your provided account information at any time. We will activate or reject your account at our sole discretion and based on our review on your provided information. If we approve your account, it will be made publicly visible and searchable via the Website.
We facilitate the connection between Buyer and Seller, but as a platform provider we are not part of any of the Transaction that may arise with respect to their communication. The Website provides two types of accounts, one for Buyers and another one for Sellers.
As a Buyer, your account on the Website enables you to access the catalog of Sellers, communicate directly with them with regards to enquiries, buy their products, manage payments or just chat with them.
As a Seller, your account on the Website enables you to create your personalized profile and store and advertise and promote your products to Buyers, communicate directly with them with regards to enquiries, sell products, receive payments, send messages or share User Content with them.
You are allowed to register for both a Buyer and a Seller account.
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 Website and the Service, you confirm and warrant that:
We may suspend or terminate your account and your ability to use the Service for failure to comply with these Terms 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 Website 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.
The registration to any Sofia Gray memberships, either a Buyer or a Seller, will give you access to all the features and functions as outlined in the details of the membership. For more details about our Service check “How It Works” dedicate page here. Any new feature upgrade to the membership will also be accessible to you at our discretion. This agreement only covers the current feature set per membership. We reserve the right to make changes to the Service at any time without any prior information to users. However, users might receive information about any significant changes. Any modifications and new features added to the Service are also subject to this Terms and Conditions.
Prices for our memberships 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.
To the extent the Service enables you to submit, post, or indirectly author any User Content, our use of such content is governed by these Terms and Conditions.
By using the Service, you agree that you will not submit, upload or write any User Content that:
By uploading User Content, you understand and acknowledge that you are solely responsible and warrant that the User Content and your communication thereof conform to the requirements of these Terms and that you own or have the necessary authority, rights, licenses, power, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, use, license, reproduce, modify, adapt, publish, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works of any form, media or technology, and any other manners considered by these Terms and Conditions.
We have no obligation to pre-screen User Content, although Sofia Gray reserves the right in its sole discretion to pre-screen, refuse or remove any User Content. We reserve the right, but disclaim any obligation or responsibility, to refuse to post or remove any User Content from the Website and Service that violates these Terms 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 User Content at any time for any reason or no reason whatsoever.
You acknowledge and agree that by posting User Content you are responsible, and not us, for any User Content including any harms caused to you, another individual, or a third party by such User Content. You will indemnify, defend, and hold harmless Sofia Gray 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 User Content 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 and Conditions.
Examples of prohibited conduct when using the Website or the Service, but not limited to, are below:
Your failure to comply with our conduct expectations or any other terms of these Terms and Conditions, may result, at our sole discretion, in the deletion or removal of your User Content from the Website, suspension or termination of your Buyer and/or Seller account and suspension or termination of your right to use Sofia Gray.
We are committed to make the Website 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 Services or that the Website will always be available and uninterrupted. You also acknowledge that the Website 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 Website 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 Service. 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 Website 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, Sofia Gray shall not be responsible for any security issues that you face as a result of connecting to the Website via an unsecured network.
Access to the Website 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 Website is unavailable at any time or for any period.
The Website may contain links to Third-Party Websites as well as Third-Party Content". Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible nor warrant for any Third-Party Content and Third-Party Websites accessed through the Website or Service. Third-Party Websites 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 Websites compliance with Applicable Laws. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites to which you navigate from the Website or relating to any applications you use or install from the Website.
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 Websites.
Unless we agree in writing otherwise, Link Approved Organizations may link to our home page, to publications or to other Website information or Content so long as the link: (i) is not in any way misleading; (ii) appropriate link text is always used in links pointing to our Website; (iii) does not use any inline linking technique; (iv) does not frame the content of our Website or use any similar technology in relation to the Content; (v)does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (vi) fits within the context of the linking Third-Party Websites. Link Approved Organizations are not allowed to use our Marks to link to our Website (or otherwise) without our express written permission.
We may consider and approve in our sole discretion link requests from other organizations. If you are not a Link Approved Organization and you are interested in linking to our Website, you must notify us by sending an e-mail to [email protected] Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your website, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on our Website to which you would like to link.
You agree that, should we request the deletion of a link to our Website that is within your control, you will delete the link promptly.
Sofia Gray handles refunds on a case-by-case basis. Our experienced customer service team thoroughly review each case, complaint and query to determine if a refund is warranted. If you feel you're entitled to a refund, please get in touch with our customer service team at [email protected].
The Website and Service are provided "AS IS" and without warranties of any kind. To the fullest extent permissible pursuant to Applicable Laws, we disclaim all warranties, express or implied, including accuracy, completeness, availability, security, compatibility and noninfringement. We do not warrant that the Service will be error-free, that the Website and/or Service is/are fit for your purposes, that access thereto will be uninterrupted, that defects will be corrected, that the Service is free of viruses or other harmful components, or that the Website and Service are fully secure of breach. You hereby irrevocably waive any claim against us with respect to any information you provide to Third-Party Websites (including credit card and other personal information).
Under no circumstances, including negligence, shall we be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Service, or the conduct or actions, whether online or offline, of any user of the Service or any other person or entity. 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.
You hereby agree to take full responsibility and utterly indemnify and hold harmless Sofia Gray for any cost, expense, loss, damages, claims, demands and liabilities, including reasonable attorneys' fees and expenses howsoever caused that may arise in relation to:
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense 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 are solely responsible for all your communications and interactions with other individuals. 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.
The limitations, exclusions and disclaimers in this section and elsewhere in these Terms apply to the maximum extent permitted by Applicable Laws.
We make no claim that Website or 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 and Conditions and to remove, disable access to, or modify any user accounts and/or User Content from the Website. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms and Conditions.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed dissociated from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
These Terms and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of United Kingdom. Sofia Gray and yourself, regardless of your residence or jurisdiction, irrevocably consent that the courts of United Kingdom shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Each user is responsible for checking and verifying if there are potential legal limitations in the jurisdiction from which he comes to use our Services.
Users can always review the most current version of the Terms and Conditions posted on this page. We solely have the right, at our own discretion, to change, replace or update any part of these Terms and Conditions by posting updates and changes to the Website or Services. It is the responsibility of users to periodically check our Terms for amendments. Your continued use of or access to the Website or Service after the posting of any changes to these Terms and Conditions means your acceptance of those changes. Any changes to this Terms and Conditions will be effective upon posting on the Website, 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.
If you have any questions or suggestions regarding our Terms and Conditions, you can contact us free of charge at [email protected]. We will respond to your request as soon as possible, but not later than 30 days.