Updated on 9th August 2017.
PART A: INFORMATION ABOUT MARKS & SPENCER
If you want to ask us anything (whether about this services, this Website, any of our terms and conditions or otherwise), then please contact us at [email protected].
PART B: WEBSITE TERMS
The Terms and Conditions apply to your use of this microsite at https://www.trytuesday.com (the "Website"). The Terms and Conditions apply regardless of how you access the Website, including any technologies or devices by which M&S makes the Website available to you at home or on the move. You must read these Terms and Conditions carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety.
Your use of this Website
You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website.
You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the Website or the computer codes or elements comprising the Website other than solely for your own personal use. You may not use the content of the Website for any commercial purposes whatsoever.
Use of this Website from outside the UK
Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Marks & Spencer's products and services available in the UK. Those who choose to access this Website from locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
Ownership of Rights
All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to M&S.
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, or those of third parties, in the Website or its contents. By submitting information (other than your personal data), text, photos, graphics or other content to the Website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.
You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.
Accuracy of content
To the extent permitted by applicable law, M&S disclaims all representations and warranties, express or implied, that content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of M&S or any of its group companies.
Damage to your computer or other device
M&S uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, M&S shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
Links to other websites
This Website may contain links to third-party websites or services that are not owned or controlled by M&S. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, M&S cannot accept any liability in respect of the use of these websites.
PART C: GENERAL TERMS AND CONDITIONS
These general terms and conditions ("General Terms and Conditions") apply to your use of the Tuesday styling service on this Website (the “Service”). These General Terms and Conditions apply regardless of how you access the Website, including via any technologies or devices by which M&S makes the Website available to you at home or on the move. You must read these General Terms and Conditions carefully. By registering to use the Website, you confirm that you have read, understood and agree to these General Terms and Conditions in their entirety. If you do not agree to these General Terms and Conditions in their entirety, you must not register for the Service.
Opening an Account
You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account.
When you create an account we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the Website and/or to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. M&S shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised use of your password or account, please contact us at [email protected].
By subscribing to the Service, you agree to receive email updates from us about the Service and with your stylist recommendations. You will not be able to opt out of receiving email updates unless you terminate your subscription to the Service; however, you can change the frequency of the emails at any time by going to Your Account.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions.
All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service by going to Your Account.
If you have a complaint about our Website or anything else, please contact us at [email protected].
In the unlikely event that we are unable to resolve a complaint with you directly, you have the right to refer the dispute to the EU’s Online Dispute Resolution Platform at http://ec.europa.eu/odr. If you decide to use this service, please use the following M&S email address when completing the form [email protected].
PART D: LEGAL TERMS
Other legal notices
There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Terms and Conditions govern your use of this Website.
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these Terms and Conditions. We will not be liable to you if we are prevented or delayed from complying with our obligations under these Terms and Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control. In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms and Conditions or your use of the Website.
Nothing in these Terms and Conditions shall exclude or limit our liability for personal injury or death caused by our negligence or for fraud. In addition, these Terms and Conditions shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
These exclusions shall be governed by and construed in accordance with English law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Assignment and Third Party Rights
Only you and M&S shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion.
No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
These Terms and Conditions set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Law, jurisdiction and language
Any matters that arise out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts shall be concluded in English.
Changes to these Terms and Conditions
We reserve the right to change and update these Terms and Conditions from time to time and recommend that you revisit this page regularly to keep informed of the current Terms and Conditions that apply to your use of the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Terms and Conditions.