Terms & Conditions
Welcome to Every&One Website terms and conditions. These terms and conditions apply to the use of and registration with this website at everyandone.com (the "Website"). Please read through them carefully before using or registering with our Website. By using, logging into or registering with this Website you agree to be bound by these terms. If you do not accept, or wish to be bound by these terms and conditions, please do not use or register with this Website. This Website is operated by Baboca Limited trading as Every&One a company incorporated in England and having its registered office at: One St Peters Way Maidenhead, Berkshire SL6 7QU.
1. Personal Information
2. Use of website and intellectual property rights
2.1 You are permitted to use this Website, and any material or content contained in it, for your personal, non-commercial use only. Any other use of this Website is strictly prohibited. You may not print, download or copy extracts of the Website, modify documents or related graphics on this Website in any way or use any graphics on this Website separately from the accompanying text. None of the material or contents contained in this Website may be reproduced, stored, transmitted, displayed, distributed, sold, commercially exploited, or included in any public or private electronic retrieval system or service and no derivative works may be made in relation thereto.
2.2 Unless otherwise stated, the copyright, trademarks and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Baboca Limited or licensed to Baboca Limited. You are granted no rights in the copyright, trademarks and other intellectual property rights in any of the material on this Website.
3. Content and Access
3.1 We endeavour to ensure that the information on this Website is correct and complete; however, we do not warrant the accuracy and completeness of the information on this Website. The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. We exclude all representations, warranties, conditions and other terms which might have effect in relation to this Website. Information relating to the description and use of the Products is for information purposes only and no reliance should be placed on such information.
3.2 We reserve the right to make changes to the material on this Website, or to the Products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
3.3 While we try to make this Website available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control or in order to improve, update or amend the material on the Website. We do not promise that this Website will be error free or free from any harmful components.
3.4 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, and you must not disclose it to any third party. 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 opinion you have failed to comply with any of the provisions of these terms and conditions. You must notify us immediately if you believe that your password is known by someone else or if it is likely to be used in an unauthorised manner. If so, you must change your password immediately.
3.5 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.
4. Content Sharing
4.1 How does sharing Content work? Baboca Limited /every&one and “We”) may redisplay or repost any Content you post on Social Media Platform(s) which uses the #everyandoneofficial hashtag. Before every&one share your post, all content will be reviewed by moderators at every&one for approval, then, if we love your post, we will share it on our webpages social media accounts to help other visitors see how you are using our product and by clicking on your post, visitors will be able to shop.
4.2 Things every&one need you to know before you post any Content: By posting content and using the #everyanoneofficial, you confirm that you own the copyright in the post and you are granting every&one and its parent company, subsidiaries and related entities the perpetual right to use your Content, name, likeness or any other hashtags which relate to every&one on a royalty free, non-exclusive, worldwide, irrevocable basis for any marketing, advertising and promotional purposes on the Webpages and / or Social Media Accounts. You confirm and acknowledge that:
▪ You shall be fully responsible for the Content of all imaged posted;
▪ Any Content posted using the hashtag #everyandoneofficial, which is related to every&one shall, if used, be available to anyone with access to our Webpages and social media Accounts.
▪ every&one shall have the sole discretion to choose the Content it wishes to use and shall not be obliged to use any Content posted which uses a hashtag related to every&one.
▪ every&one does not permit the posting of Content which contain personal or confidential information about you or anyone else who appears in the post. Personal information includes, but is not limited to, mobile or telephone numbers or home addresses. If you think a post includes confidential or personal information, please do not post it.
▪ every&one will not accept posts which it deems the Content to advertise commercial businesses or services, nor will every&one accept posts which are posted on behalf of an individual which is using the post
to promote an organisation which it has a professional connection with.
▪ Please do not post Content which you do not have the requisite consent to post, for example, please do not post Content of a child or children unless you are the parent and / or you have the consent of the
child or children’s parents or legal guardians before posting.
▪ Please also do not post Content which: Attacks or intimidate another person; Invades the privacy of other people; Contains Content which may be discriminatory or cause offence on the grounds of a person’s protected characteristic (including, but not limited to, their sex, sexual orientation, marital status, race, ethnicity, religious belief, age or disability); Contains Content or a link to Content which is unlawful, defamatory, offensive, abusive, threatening, harassing or knowingly incorrect.
But what if I don't want every&one to use my post? If you don't want every&one to use your Content, or you change your mind after we have posted it, please email email@example.com and we promise we'll remove your Content from the every&one Webpages or relevant Social Media Platform(s) within 2 Working Days of receipt of your email.
4.3 I posted on a Social Media Platform and used the #everyndoneoffiical but I can't see my post on the every&one Website or Social Media Accounts? Unfortunately, we can't use every Content posted on a Social Media Platform. We also can't use Content we deem to be offensive or inappropriate.
4.4 If I delete the Content from my Social Media account or change my settings to be private, will the Content be removed from the every&one site or Social Media page? No, every&one cannot know if you change your preferences on any of your social media accounts therefore any such changes to the post itself or your account privacy settings will not remove the Content from our page. However, if you do want the Content to be removed, simply use the relevant 'report it' button or email the moderators at firstname.lastname@example.org who will ensure the Content is removed within 2 working days of receipt of your email.
4.5 Can I make a complaint / report a post? If you spot something that you think isn't in keeping with every&one standards, please report it to us using the relevant 'report it' button or by emailing email@example.com. We keep all reports completely confidential. If you would like to make a complaint about a post, for example if you think it is in breach of these terms and conditions, please contact firstname.lastname@example.org. If you are not the owner of the post which you are seeking to report then we will take your feedback into consideration but, if the post complies with these terms and conditions, every&one shall have sole discretion in deciding if the post is removed.
4.6 My post has been removed from the Webpages and/or Social Media Platform(s), why? every&one reserves the right to remove any post for any reason whatsoever in our sole discretion. every&one also reserves the right to remove any or all posts by you if you persistently do not comply with these terms and conditions. If every&one receives a complaint about your post, every&one in its sole discretion may decide whether to remove the post from its Webpages and / or Social Media Accounts, without requirement, responsibility or obligation to notify you. Further, if a complaint has been received about your post, every&one reserves the right to refuse to publish any future posts from which you feature every&one hashtag.
5.1 We warrant to you that any Products purchased from us through this Website shall conform, in all material respects, to the description given on this Website, shall be of satisfactory quality and shall be fit for the purposes for which other products of its kind are commonly supplied. Any other warranties of any kind, whether express or implied, in relation to the Products are excluded to the fullest extent permissible by law.
4.2 We accept no liability for losses you suffer as a result of your use of or registration with this Website. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
4.3 We are not responsible directly or indirectly for any loss or damage which is not foreseeable by you and us, including, but not limited to, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or loss of data. Where a jurisdiction does not permit exclusion of liability for indirect or consequential loss, our liability is limited to the fullest extent permitted by the applicable law in those jurisdictions.
4.4 Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by negligence, under section 2(3) of the Consumer Protection Act 1987, for fraud or fraudulent misrepresentation, or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
4.5 You agree to indemnify Every&One and our officers, directors, employees, agents, suppliers and our group company members fully from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of these terms and conditions by you, or your use of or registration with this Website, or the use by any other person using your registration details. We may terminate your use of or registration with this Website if we consider you have breached these terms and conditions
6. Acceptable use policy
6.1 You may use or register with this Website only for lawful purposes. You may not use or register with this Website in any way that breaches any applicable local, national or international law or regulation or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. You also agree not to access without authority, interfere with, damage or disrupt any part of this Website or any software used in the provision of this Website.
5.2 You must not misuse this Website 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 Website, the server on which this Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of service attack.
5.3 We will report any such breach of this provision to the relevant law enforcement authorities with whom we will co-operate by disclosing your identity to them. In the event of such a breach, your right to use or be registered with this Website will cease immediately.
5.4 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 or registration with this Website or to your downloading of any material posted on it, or on any website linked to it.
7. Links to and from other websites
6.2 If you would like to create a link to the homepage of this Website, you may only do so in a way that is fair and legal, on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:6.2.1 there is no attempt to remove, distort or otherwise alter the size or appearance of or copy our trademarks or logos;
6.2.2 a frame or any other browser or border environment around this Website is not created
6.2.3 you do not in any way imply that we are endorsing any products or services other than our own;
6.2.4 you do not misrepresent your relationship with us nor present any other false information about us or our products or damage our reputation or take advantage of it;
6.2.5 you do not otherwise use any of our trademarks displayed on this Website without our express written permission;
6.2.6 you do not link from a website that you do not own; and
6.2.7 your website does not contain content that is distasteful, offensive, controversial or which infringes any intellectual property rights or other rights of any other person, or otherwise does not comply with all applicable laws and regulations.
6.3 Your website must comply in all respects with our acceptable use policy set out at Clause 10 below.
6.4 We reserve the right to revoke the right granted in this clause for breach of these terms and conditions and to take any action we deem appropriate.
8.1 This Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of this Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
7.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by events outside our reasonable control (Force Majeure Event). Our performance under this Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Contract may be performed despite the Force Majeure Event.
7.3 If we fail, at any time during the term of this Contract, to insist upon strict performance of any of your obligations under this Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under this Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default by you shall not constitute a waiver of any subsequent or prior default.
7.4 If any of the provisions of this Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law.
7.5 This Contract, and any document expressly referred to in it, represent the entire agreement between us in relation to the subject matter of this Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into this Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to this Contract except as expressly stated. We intend to rely upon this Contract and any document expressly referred to in it in relation to the subject matter of this Contract. Any variations from this Contract must be confirmed in writing by both of us.
7.6 This Contract shall be governed by and construed in accordance with English Law. Disputes arising in connection with this Contract shall be subject to the exclusive jurisdiction of the English courts.
9. Changes to these terms
9.1 These terms and conditions may be updated and/or varied from time to time. You should check the Website regularly to review the most current terms and conditions.
9.2 You will be subject to the terms and conditions in force at the time that you use the Website.
10. Contact Us
10.1 We value your custom and your opinion on both our Website and our Products. Please do not hesitate to contact us at email@example.com