Website Terms of Use

Last updated October 2016.

We are Joules Limited (“Joules”), a company registered in England and Wales under company number 2934327 and with our registered office at Joules Building, The Point, Rockingham Road, Market Harborough, Leicestershire LE16 7QU England.

These terms of use (together with the separately posted Acceptable Use Policy and Privacy Policy) tells you the terms on which you may make use of our website Joules.com and other websites on which these terms are posted or expressly referenced (“Joules Sites”), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site. If you purchase goods from our site, our Website Terms and Conditions of Sale will apply to your purchase.

By using the Joules Sites, you agree to and will be deemed to be bound by these terms and all other applicable policies. Please read these terms of use carefully before you start to use the Joules Sites. We recommend that you print a copy of these terms for future reference. If you do not want to be bound by these terms or policies referred to above, you must not use the Joules Sites.

1. CONTENT

• 1.1 The Joules Sites are provided solely for users over the age of 18 for personal, non-commercial purposes related to the placement of an order or shopping with us. We do not knowingly collect personally identifiable data from persons known to be under the age of 18. Any other use of the Joules Sites or content or information contained on the Joules Sites is strictly prohibited unless you have obtained our written permission first.
• 1.2 The entire contents and functionality, including text, images, photographs, graphics, logos, illustrations, descriptions, data and other material provided by us on or through the Joules Sites, as well as their selection, assembly and arrangement, are referred to collectively as the “Content”.
• 1.3 We reserve the right to change, delete, or update the Content at any time and without prior notice (including after an order has been submitted).
• 1.4 The Content provided on the Joules Sites is for general information only. The Content may contain errors, omissions or may be out of date. You acknowledge that such errors and omissions may relate to pricing and availability. Although we make reasonable efforts to update the Content on the Joules Sites, we are under no obligation to update it and we do not guarantee that the Content is accurate or up to date. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is at your own risk.

2. ACCESS TO JOULES SITES

• 2.1 You are responsible for making all arrangements necessary for you to have access to the Joules Sites. You are also responsible for ensuring that all persons who access the Joules Sites through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.
• 2.2 We do not guarantee that the Joules Sites will always be available or that your use will be uninterrupted. Access to the Joules Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Joules Sites without notice. We will not be liable to you if, for any reason, the Joules Sites are unavailable at any time or for any period.
• 2.3 The Joules Sites are directed at users who are resident in the United States. We do not represent that Content on the Joules Sites is available or appropriate to users in other locations. We may limit the availability of the Joules Sites or any product or promotion described on the Joules Sites to any geographical area at any time. If you choose to access the Joules Sites from outside the United States, you do so at your own risk.

3. INTELLECTUAL PROPERTY

• 3.1 We are the owner or the licensee of all intellectual property rights (including copyright and trade marks) in the Content used or featured on the Joules Sites. You may view and use the Content (including printing off one copy and downloading extracts of any page from the Joules Sites) for your personal use only. You must not modify any paper or digital copies of Content you have printed off or downloaded from any of the Joules Sites and you must retain all copyright, trademark and other proprietary notices in relation to such Content. You must not use any images, graphics or illustrations separately from any accompanying text.
• 3.2 The Content is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any use of the Content, except as specifically permitted in these terms of use or as otherwise agreed by us in writing, is strictly prohibited.
• 3.3 If you print off, copy or download any part of the Joules Sites in breach of these terms of use, your right to use the Joules Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Joules Sites or the Content is transferred to you, and all rights not expressly granted are reserved by the Company.

4. TRADEMARKS

Joules and all related names, logos, product and service names, designs and slogans are trademarks of Joules or its affiliates or licensors. You must not use such marks without Joules’ prior written permission. All other names, logos, product and service names, designs and slogans on the Joules Sites are the trademarks of their respective owners.

5. LIMITATION OF LIABILITY

• 5.1 In no event will Joules, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Joules sites, any websites linked to it, any content on the Joules sites or such other websites or any services or items obtained through the Joules sites or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

  We will not be liable for any loss or damage caused by 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 Joules sites or any services or items obtained through it or to your downloading of any material posted on it, or on any website linked to it.

  Your use of the Joules sites, the content, and any services or items obtained through the Joules sites is at your own risk. The Joules sites, the content and any services or items obtained through the Joules sites are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Joules nor any person associated with Joules makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Joules sites. Without limiting the foregoing, neither Joules nor any person associated with Joules represents or warrants that the Joules sites, its content or any services or items obtained through the Joules sites will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the Joules sites or any services or items obtained through the Joules sites will otherwise meet your needs or expectations.

  Joules hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

  The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

• 5.2 Please note that we only provide the Joules Sites for domestic and private use. You agree not to use the Joules Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Joules, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Joules Sites.

7. THIRD PARTY LINKS

• 7.1 The Joules Sites may contain links to third party websites. These links are provided for your information only. We do not operate or control such websites and have no responsibility for any information (including its accuracy), products and/or services found on any third party websites. By providing links to other websites, we do not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to us. We assume no responsibility for the content of websites linked to the Joules Sites. Such links should not be interpreted as endorsement by us of those linked websites.
• 7.2 You assume complete responsibility and risk in your use of a link to a third party website. You should direct any concerns regarding a third party website to that website’s administrator or webmaster.
• 7.3 You may establish a link to the home page of any of the Joules Sites provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by us where none exists.
• 7.4 You must not establish a link to any of the Joules Sites from any website which is not owned by you.
• 7.5 You may not frame any of Joules Sites on any other website nor may you create a link to any other part of any Joules Site other than the home page.
• 7.6 You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
• 7.7 We may disable all or any social media features and any links at any time without notice in our discretion.

8. USER SUBMITTED CONTENT

• 8.1 You may submit content including product reviews, comments, or other materials (“User Content”) to any of the Joules Sites. You are solely responsible for any User Content you submit. By submitting User Content to any of the Joules Sites, you warrant that such User Content complies with our Website Acceptable Use Policy.
• 8.2 You will be liable to us and indemnify us for any breach of the above warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
• 8.3 Any User Content you upload to any of the Joules Sites will be considered non-confidential and non-proprietary. You retain ownership of your User Content but you grant us (and other users of the Joules Sites) a licence to use, store and copy your User Content and to make it available to third parties.
• 8.4 We also have the right to disclose your identity to any third party who claims that any User Content posted or uploaded by you to any of the Joules Sites constitutes an infringement of their intellectual property rights or of their right to privacy.
• 8.5 The views expressed by users on the Joules Sites do not represent our views or values. We will not be responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Joules Sites.
• 8.6 We have the right to remove any User Content if, in our opinion, your post does not comply with the content standards set out in our Website Acceptable Use Policy.
• 8.7 Any breach by you of our Website Acceptable Use Policy will constitute a material breach of these terms of use and will result in the immediate termination of your right to use the Joules Sites.

9. COPYRIGHT INFRINGEMENT

• 9.1 Joules takes claims of copyright infringement seriously. If you believe any materials available on or from the Joules Sites infringes your copyright, you may request removal of those materials by submitting written notification to Joules Copyright Agent, Legal Department, Joules Limited, Joules Building, The Point, Rockingham Road, Market Harborough, Leicestershire LE16 7QU England, telephone number +44 (0) 1858 435 255. We will respond to notices of alleged copyright infringement that apply with applicable law. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), this written notification (“DMCA Notice”) must include the following:
• Your physical or electronic signature;
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Joules Sites, a representative list of such works;
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• Adequate information by which we can contact you (including your name, address, telephone number and, if available, email address);
• A statement that you have a good faith belief that the copyrighted material is not authorized by the copyright owner, its agent or the law;
• A statement that the information in the written notice is accurate; and
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
• 9.2 If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. If you knowingly materially misrepresent that items on the Joules Sites are infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
• 9.3 It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

10. VIRUSES

• 10.1 We do not guarantee that the Joules Sites will be secure or free from bugs or viruses.
• 10.2 You are responsible for configuring your information technology, computer programs and platform in order to access the Joules Sites. You should use your own virus protection software.
• 10.3 You must not misuse the Joules Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Joules Sites, the server on which the Joules Sites are stored or any server, computer or database connected to the Joules Sites. You must not attack the Joules Sites via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use the Joules Sites will cease immediately. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

11. YOUR ACCOUNT AND PASSWORDS

• 11.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. It is a condition of your use of the Joules Sites that all the information you provide on the Joules Sites is correct, current and complete. You agree that all information you provide to register with the Joules Sites is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
• 11.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
• 11.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using our contact details. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

12. CHANGES TO WEBSITE TERMS OF USE

We may amend these Terms of Use at any time by amending this page. The date at the top of this page will be amended each time these terms are updated. All changes are effective immediate when we post them, and apply to all access to and use of the Joules Sites thereafter. Your continued use of the Joules Sites following the posting of revised Terms of Use means that you accept and agree to all changes. Please check this page from time to time as any changes we make will be binding on you.

13. LAW AND JURISDICTION

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) will be governed by English law without giving effect to any choice or conflict of law provision or rule. Any dispute or claim arising out of or in connection with these terms of use shall be subject to the non-exclusive jurisdiction of the courts of England and Wales, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in the United States or any relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. WAIVER AND SEVERABILITY

No waiver by Joules of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Joules to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

15. CONTACT DETAILS

If you have any questions, comments or requests regarding these terms of use, the Joules Sites or our products, please email us at: joulesteam@joules.com. Alternatively, you can call us on: 1-800-583-9559 or you can write to us at: Customer Services Team, Joules Building, Saxon Way West, Corby, Northants NN18 9ES, England.