Terms & Conditions

Effective Date: 14th October 2023

Terrys Bed Centre Ltd T/A JOCO

E: admin@joco.gifts

T: 024 7637 4742

1. General
   1. This Terms & Conditions govern Your use of joco.gifts the “Site” including any pages and
      subdomains.
   2. Your use of the Site and Your use of any Services including signing up to the website will constitute your agreement in full to these Terms & Conditions and our Privacy Policy.
   3. If you do not accept these Terms & Conditions, do not use the Site or Services.
   4. From time to time We may amend these Terms & Conditions which will become effective when published. We will not contact You to let You know of any amendments.
   5. For Definitions of the key words and phrases we use please see section 9.
   6. These Terms & Conditions are governed by English law.
2. Software and Services available on the Site
   1. We reserve the right at our sole discretion to add, amend or terminate any aspect of the Site or the Software or the Services, including but not limited to content and features. From time to time We may impose limits on certain features of the Site or Services or restrict Your access to part or all the Site or Services. You accept We can do this without notice to You or penalty to Us.
   2. Users of the Site are categorised in three groups:
      1. Visitors: Can view information, engage with Us, and use certain features of the Site.
      2. Retailers: Have completed the sign-up Registration process and have a valid Account to
         operate a Website selling goods and services.
      3. Customers: Place orders for goods and services on a Retailer’s Website.
   3. If You complete the Registration process and create an Account to operate Your Website, You must
      agree to the terms laid out in the Retailer Agreement. You also agree:
      1. To provide complete and accurate information to create Your Account. This information should
         reflect You or the entity you represent and must not attempt to impersonate or pass off as
         someone or something else.
      2. You cannot use registration details and trading names that have already been used.
      3. You are at least 18 years old.
      4. You are solely responsible for activity that takes place on Your Account.
      5. You will not post content or sell products or services that are defamatory; advocate hate
         crimes; contravene equalities and discrimination legislation; are obscene; or encourage any
         form of exploitation.
      6. You will not access or attempt to access someone else’s Account without their permission.
   4. You are permitted to administer or use an Account created by a Retailer so long as You have their
      explicit consent, and You abide by the same terms laid out in the Retailer Agreement and associated
      documents and Policies including these Terms & Conditions.
   5. If you violate these Terms & Conditions, we may at our sole discretion:
      1. Remove or delete content including text, images, products, or services.
      2. Restrict or suspend Your Account temporarily.
      3. Terminate Your Account.
3. Ownership
   1. You agree that the content within the Site remain the worldwide intellectual property of Terrys Bed Centre Ltd (T/a Joco Gifts). We retain exclusive ownership of the Site. Where we use material from third parties we do so with their permission. Your use of the Site does not confer any ownership rights to You.
   2. When you use the Site, We will grant You a non-exclusive, recoverable, limited license to use the Site to view information, engage with Us, use certain features of the Site, and complete the sign-up Registration process.
   3. You agree that where the Software requires us to accept separate terms relating to the Software such as hosting, plug-ins, and third-party licensing, these will also apply to these Terms & Conditions.
   4. If You want to use trademarks, logos, copyrighted material, or intellectual property which does not belong to You, You can do so if their owners’ licensing agreement permits. If such agreement does not permit, You must obtain permission in writing from the owner.
   5. Content or other material to which You own the copyright and which you post on the Site remains in Your ownership. Such content can be used by Us on a non-exclusive, royalty-free,
      unlimited, and worldwide basis to reproduce and display for Our publicity and promotional purposes.
   6. You are permitted to modify Your Website following Registration as described in the Retailer
      Agreement.
4. Our Rights
   1. We will co-operate with law enforcement organisations, court instructions or other legally
      enforceable requests for information about Your use and activity on the Site.
   2. We will optimise the Site to allow Search Engines to index these sites
      on their platforms and make this information publicly available to promote web traffic to these
      sites.
   3. Some Services we offer are supplied by third parties including but not limited to card payment and hosting. We are not responsible for limitations or processes applied by these third parties. If you have any questions relating to these third parties, contact us at jo@joco.gifts
   4. Any ideas, suggestions, proposals, or images You submit to Us regarding improvements to current or new features, products or services will become Our property. We will be permitted to use these for our own purposes at our sole discretion and without compensation to you.
5. Your Obligations
   1. Except to the extent permitted by law, you must not:
      1. Copy, modify, merge, decompile, translate, or otherwise interfere with the Software on the
         Site.
      2. Sub-license, rent, re-sell, or loan the Software to any third party.
      3. Install viruses, trojans, ransomware or other malicious software that corrupts the Site or
         otherwise affects the proper working of the Site or the Services.
      4. Collect or attempt to collect technical information about the Site or Giftsite; content
         stored on the sites; or data stored on these sites including but not limited to User data.
      5. Impose an unreasonable or disproportionately large load on the Site’s systems or networks
         such that the systems begin to slow or stop working.
      6. Violate or infringe anyone’s privacy or publicity rights unless You have their permission.
      7. Violate or infringe material subject to copyright or trademark unless permitted to do so by
         the owner’s public licensing agreement or in writing from the owner.
      8. Explicitly or implicitly state or imply Our endorsement of Your Content, products, or
         services unless you have Our written permission.
   2. You are responsible for the commercial relationship between You and Your Customer for the provision of goods and services to the Customer. We will not intervene or become involved in disputes between You and Your Customer unless You have violated the Retailer Agreement, or any terms or policies incorporated in it including these Terms & Conditions. Our remedies in such cases are outlined in
      the Retailer Agreement and these Terms & Conditions.
   3. By using the Site including its content and Services, You confirm that:
      1. You understand and agree that these Terms & Conditions are a legally binding agreement.
      2. You will use the Site in a manner consistent with all laws and
         regulations.
      3. You will use the Site in accordance with these Terms & Conditions
         and the Retailer Agreement incorporating other Policies.
6. Warranty
   1. We supply the Site as seen. We do not provide any guarantee or warranty –
      express, statutory, or implied – that the system is suitable for Your current and future needs; its
      fitness for any particular purpose; that it is error-free; and that the platform will be
      uninterrupted, accurate, and secure. You use the site at your own risk.
7. Liability
   1. Limitation of liability extends to Terrys Bed Centre Ltd (T/a Joco Gifts), service providers and their third
      parties. It applies to employees, directors, contractors, and agents.
   2. Liability excludes any loss of profits, consequential loss, penalties, or damages You may incur
      using the Site.
   3. We recognise some liabilities cannot be excluded according to applicable law. Our liability is
      limited to the maximum extent limited by the applicable law.
   4. We are not liable for the content of any external sites linked to the Site.
8. Indemnity
   1. You agree to indemnify and Terrys Bed Centre Ltd (T/a Joco Gifts , service providers and their third parties including
      their employees, directors, contractors and agents against any losses, costs and liabilities
      including reasonable legal costs arising from:
      1. Any content, product or service provided, sold, or otherwise distributed by You or generated by users of Your Website
      2. Any claims arising from the sale of goods or services on Your Website
      3. Any breach by You of this agreement
   2. We reserve the right to manage and control any legal defence of any claim against Us, service
      providers and their third parties. You agree to cooperate with such defence.
9. Definitions
   2. Agreement: This Retailer User Agreement.
   3. Customer: The Retailer’s customer, typically a member of the public buying goods from the Website.