Your Style Adviser Terms & Conditions
Dressipi Terms of Service
Dated 21 May 2013
1. About these terms
1.1 Stylemania Limited (a company registered in England and Wales under registration number 7063626 whose registered office is at 3rd Floor, 94 Great Portland Street London W1W 7NU, and whose VAT number is 987569143), trading as Dressipi, (“Dressipi”) operates the Your Style Adviser Service which is available via this website (the “Service”).
1.2 By using the Service you agree to be bound by these terms, which shall take effect on your first use of the Service and on each occasion that you use the Service. If you do not agree to be bound by these terms, you may not use and/or contribute to the Service.
1.3 Dressipi may change these terms from time to time and so you should check them regularly. Your continued use of the Service will be deemed acceptance of the updated or amended terms.
2. About Dressipi
2.1 Dressipi via the Service offers to its registered members (‘Members’) the use of its matching technology which will capture a Member’s shape and style preferences and use this to recommend compatible clothes, outfits and accessories, in a quick, easy and personalised way.
2.2 Dressipi is not a retailer, and does not charge service fees to users of the Service. In the future, Dressipi may offer a premium subscription service offering Members who pay a fee access to specific features.
2.3 The Service includes links to marksandspencer.com enabling Members to view and buy clothes, shoes and accessories (and in future other related products) from Marks & Spencer. If you choose to purchase any of the recommended items, you will be contracting with Marks & Spencer and not Dressipi. Any queries or concerns relating to the product should be addressed to Marks & Spencer.
2.4 Dressipi is not agent for Marks & Spencer and does not assume any responsibility for, and has no liability for, the products and services provided by Marks & Spencer, including no responsibility or liability for any after sales service, returns or defects, or for its websites.
3. Use of the Service
You may only use the Service for lawful, personal, and non-commercial purposes, and in a way that does not infringe any person's rights or in a way that restricts or inhibits anyone else’s use and enjoyment of the Service.
4. Intellectual Property
4.1 All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Service and all content (including all applications) located on the Service shall remain vested in Dressipi or its licensors or the third parties to which they belong.
4.2 You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use the Service content in any way except for your own personal, non–commercial use.
4.3 You also agree not to adapt, alter or create a derivative work from any the Service content except for your own personal, non–commercial use. Any other use of the Service content requires the prior written permission of Dressipi.
4.4 The names, images and logos identifying Dressipi or third parties and their products and services are subject to copyright and design rights and are trademarks of Dressipi, and/or third parties. Nothing contained in these terms confers any license or right to use any trademark, design right or copyright of Dressipi or of any other third party.
5. Registration and Personal Profile
5.1 You confirm to us that any information that you provide to Dressipi will be accurate and current information – including your correct name, email address and other details. In the future, there may the option to have a public personal profile for which you may choose a pseudonym.
5.2 If you register with the Service, you agree to accept responsibility for all activities that occur under your account or password and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access any password–protected portion of the Service using your name, username or password in whole or in part.
5.3 We reserve the right to suspend or terminate the registration of any Member or user who, in our opinion, is in breach of these terms.
5.4 Creation of multiple registrations in such a manner as to attempt to manipulate the Service or recommendations from Dressipi is prohibited and we reserve the right to decline registration attempts that appear to us not to be genuine customer registrations.
6. Third Party Content and Information
6.1 The Service includes content and information from Marks & Spencer (for example, pricing and availability of goods). You should be aware that the content might contain errors and inadequacies and that the content may be subject to terms and conditions, which may be found on the website or in the documents and policies of those third parties. Dressipi makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any such content and will not be liable for any failures or deficiencies in such third party content and information.
6.2 In addition, third party advertisers or commercial partners may offer goods, services and other materials to you on the Service. Your correspondence and business dealings with others found on or through the Service including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely a matter between you and the relevant third party. Dressipi will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other content on the Service.
If you see anything on the Service which appears to breach these terms, please contact us by emailing to firstname.lastname@example.org. Your complaint should provide a detailed description of the purported abuse and identify where this appears on the Service.
8. Disclaimers and Limitation of Liability
8.1 The Service content, including the information, names, images, pictures, logos and icons regarding or relating to Dressipi, its products and services (or to third party products and services), is provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis.
8.2 To the extent permitted by law, Dressipi excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non–infringement, compatibility, security and accuracy.
8.3 Dressipi does not guarantee the timeliness, completeness or performance of the Service or any of the content. While we try to ensure that all content provided by Dressipi is correct at the time of publication no responsibility is accepted by or on behalf of Dressipi for any errors, omissions or inaccurate content on the Service.
8.4 Nothing in these terms limits or excludes Dressipi’s liability for death or personal injury caused by its negligence. Subject to the previous sentence, Dressipi shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Service regardless of the form of action.
8.5 Dressipi does not warrant that functions available on the Service will be uninterrupted or error free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti–virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Dressipi may run competitions, promotions, prize draws and other opportunities on the Service and these will be governed by a separate set of terms and conditions. A link to these terms and conditions will be found on the Service, alongside details of the specific competition, promotion, prize draw and other opportunities. It is your responsibility to read those terms and conditions for details about the terms that shall apply and any eligibility requirements.
10. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
10.2 The failure or delay of Dressipi to exercise or enforce any right in these terms does not waive Dressipi’s right to enforce that right.
10.3 These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.
For further information see terms and conditions on marksandspencer.com. © 2017 Marks and Spencer plc