1.1. This Agreement sets out the Terms and Conditions on which Our Site is made available to you by PocketHighStreet. References in this Agreement to “Our Site” include the web site www.PocketHighStreet.com and its sub-domains, any associated social networking profiles and any applications for mobile devices published by PocketHighStreet from time to time.
1.2. Please review these Terms and Conditions carefully and make sure that you understand them before using Our Site. If you do not agree to these Terms and Conditions, you must cease use of Our Site.
1.3. By making use of Our Site, you accept and agree to be bound by these Terms and Conditions, which comprise this Agreement and all other policies, schedules and documents referred to by this Agreement.
1.4. PocketHighStreet reserves the right at its sole discretion to modify or replace any of these Terms and Conditions at any time. You can review the most current version of our Terms and Conditions at any time through our web site. It is your responsibility to ensure that you are familiar with the current Terms and Conditions and you are advised to check the Terms and Conditions on a regular basis. You agree to be bound by such changes.
1.5. You are contracting with Colex Connect Limited, a company incorporated in England (Company Number 8384159) (“PocketHighStreet”). PocketHighStreet is a trading name of Colex Connect Limited.
1.6. We can be contacted in writing at email@example.com or in the other ways, and using the other details, set out in the ‘Contact us’ section of Our Site.
2.1. The following definitions and interpretation apply to this Agreement save where the context of this Agreement otherwise requires:
“Account” means the account of a User with PocketHighStreet which is created when a User registers with PocketHighStreet by completing the registration process available on the Site;
“Customer” means any User who purchases Goods through PocketHighStreet via Our Site;
“Goods” means the products ordered by and supplied to a Customer;
“Listing” means a summary on Our Site of Goods containing without limitation an image of the product (or a similar product), a description of the product and a statement of the price of the product;
“Order” means any request by a User to purchase any Goods made by selecting one or more Listings and making payment for those Listings;
“Our Site” means the web site www.PocketHighStreet.com and its sub-domains, any associated social networking profiles and any applications for mobile devices published by PocketHighStreet from time to time;
“Seller” means the manufacturer, distributor and/or original retailer of any Goods using Our Site to market, promote and/or publish such Goods through Our Site and taking and processing Orders for such Goods from Customers;
“Wishlist” means the virtual shopping list associated with your Account on Our Site which contains Goods selected by you for future reference and/or purchase.
2.2. “PocketHighStreet”, “we” and “us” are references to PocketHighStreet.
2.3. “User”, “you” and “your” are references to you, the Party entering into this Agreement with PocketHighStreet through acceptance of these Terms and Conditions.
2.4. PocketHighStreet and you are together the "Parties" and each a "Party" to this Agreement and shall include any successor(s) in title to a permitted assign(s).
- What is PocketHighStreet?
3.1. PocketHighStreet is an electronic marketing platform which publishes Listings for products sold by Sellers to Customers and allows the Customer to reserve, pay for and collect Goods from a Seller’s retail store.
3.2. PocketHighStreet is not acting as the seller of Goods, but is merely an intermediary marketing and promotions platform which facilitates Customers to make Orders with Sellers and if a Customer so wishes, pay for that Order through Our Site.
- Our search results and the product descriptions and images of products on our site
4.1. The results of searches you perform on Our Site are not exhaustive results of all products available at all retailers but only those Sellers who are registered with us. The order in which results appear is based on the relevance of the results to your searches and areas of interest that have been registered on PocketHighStreet combined with their proximity to your chosen location or (as the case may be) your current location.
4.2. Whilst we try to update the information on which the results of searches you perform via PocketHighStreet are based as regularly as possible, the results shown may not reflect the price or availability of stock at any Seller at any particular point in time. We do not warrant the accuracy or completeness of the results on Our Site.
4.3. The product descriptions and images of products which appear on Our Site are descriptions and images given to us by the relevant Sellers. We give no warranty that any products will comply with any description appearing on Our Site and you should always confirm with the relevant Seller whether any particular product is suitable for any particular use and the features which any product has.
4.4. Unless otherwise stated the copyright and all other intellectual property in all materials on Our Site (including, without limitation, all text, software, music, sound, photographs, graphics, video, page layouts and designs) is owned by us or by the relevant Seller, manufacturer or owner(s) whose product or products are shown and any use of that material for any purpose other than identification of products via Our Site is prohibited.
- Buying products seen on PocketHighStreet
5.2. We are not acting as agents for any Seller in respect of any products detailed in the result of searches carried out using Our Site and are not acting as a seller, reseller or licensee in respect of any such products. We will not be a party to any transaction or contract with any Seller that you may enter into for the purchase of any product(s) and we have no liability in respect of any products shown in the result of searches carried out using Our Site. You must contact the relevant Seller directly if you have any questions or complaints in respect of any product.
- How to make an order
6.1. You may browse Our Site for free and may view Listings without any obligation to make an Order.
6.2. If you wish to keep a reminder of Goods shown in a Listing, you may select it by clicking “Add to Wishlist” on the Listing for the relevant Goods. The default setting for quantity of Goods shown in the Listing is generally (though not always) one item.
6.3. When you click the “Add to Wishlist” button on a Listing, the Goods shown in that Listing will be transferred to your Wishlist. You can view your Wishlist at any time by selecting the Wishlist icon at the top right hand side of every page of Our Site.
6.4. By adding Goods to your Wishlist, you have not entered into any binding commitment. At any time prior to payment, you can delete any item from your Wishlist by selecting the ’Remove’ button below the relevant Goods in your Wishlist.
6.5. If you wish to purchase Goods shown in a Listing, you may select it by clicking ‘Click and Collect’ on the Listing for the relevant Goods. The default setting for quantity of Goods shown in the Listing is generally (though not always) one item.
6.6. When you click the ‘Click and Collect’ button on a Listing, the option to purchase Goods shown in that Listing will become available and payment will be possible
6.7. You will be asked to log in to your Account, or if you have not yet set up an Account, you will be asked to register with Our Site. Once you have logged into your Account (or have registered an Account with Or Site), you will be redirected to the web page of our secure payment provider. You will be asked to enter your credit or debit card details and to click ‘Submit’. Depending on your card provider, you may be redirected to a card verification page in which you will be asked to enter certain letters or numbers of your secret password. This card verification page is operated by your card issuer.
6.8. We will not see or receive your credit or debit card details or the letters or numbers of your secret code (to the extent that you are required to enter these). These will be viewable only by the payment provider and/or your card issuer (as applicable).
6.9. When your payment has been processed, you will receive a confirmation email from PocketHighStreet.
6.10. On completion of the payment process which shall occur at the later of submission by you of your credit or debit card details and (to the extent applicable) submission of the relevant letters or numbers of your secret password, an Order will to have been made.
6.11. The Order is with the Seller(s) offering the Goods for sale. No contract comes into existence between you and PocketHighStreet.
6.12. The cancellation and refund policies set out below shall apply to such Order.
7.1. If for any reason you are unhappy with your Order, if you picked the Goods up directly from the Seller, you must return the Goods directly to the Seller in accordance with the Seller’s returns policy, which may be viewed at the Seller’s location when the Goods were collected.
- Vouchers available on PocketHighStreet
8.1. Vouchers and voucher codes given on Our Site are provided to us by third parties and we do not guarantee that those vouchers and voucher codes are valid. You are advised to check that any relevant discounts have been applied prior to committing to any purchase.
- Our mobile app
9.1. Our Site features an application for mobile devices (“Our App”) made available for you to download in order to more easily access our services from a compatible mobile device. We give you a limited, non-exclusive, non-transferable and non sub-licensable licence to use Our App to access our services for personal (non-commercial) purposes only and not otherwise and you agree that you will not use Our App in any other way or for any other purpose. You agree that you own no right, title or interest in or to Our App and that all intellectual property in Our App belongs to us and/or our licensors. Accordingly, you agree (without limitation):
a) Not to use Our App to develop, produce, make, market, offer for sale, sell, import or distribute any applications, products, systems or services;
b) Not to make any modifications to Our App or permit it or any part of it to be combined with, or become incorporated in, any other programs; and
c) Not to disassemble, de-compile, reverse engineer or create any derivative works based on the whole or any part of Our App nor to attempt to do any such things (except to the extent that by virtue of section 296A of the Copyright Designs and Patents Act 1988 such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of Our App with another software program).
9.2. Our App is provided free and on an ‘as is’ and ‘as available’ basis. Neither we nor our licensors (if any) give you any warranty of any kind, nor do we give any warranty to any third party, in respect of the use of Our App.
9.4. Our App requires a correctly configured and functional Internet data connection. Data charges may be charged to you by your network provider depending on your individual tariff. You are responsible for any such costs.
9.5. From time to time we may issue updates to Our App, in which case you may not be able to continue to use the existing version of Our App installed on your mobile device without downloading the relevant update, even where that is not the case we recommend that you always download the latest version of Our App to get the best use of Our Site.
- Links to Sellers and other third parties on Our Site
10.1. Links to Sellers and any other third party websites on Our Site are provided solely for your convenience. If you use these links, you leave Our Site. We have not reviewed all relevant Sellers and other third party websites and do not control and are not responsible for those websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any products that may be obtained from using them. If you decide to access any Seller and/or other third party websites you do so entirely at your own risk.
- Service availability
11.1. We will try to ensure that access to and use of Our Site is available 24 hours a day. However access to Our Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reason beyond our control, and we shall have no liability whatsoever if for any reason Our Site in unavailable at any time for any period.
- Limitation of liability
12.1. We, any other party (whether or not involved in creating, producing, maintaining or delivering Our Site), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with Our Site in any way or in connection with the use, inability to use or the results of use of Our Site, any websites linked to Our Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing Our Site or your downloading of any material from Our Site or any websites linked to Our Site.
a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or 8.2.2 fraud; or
b) misrepresentation as to a fundamental matter; or
c) any liability which cannot be excluded or limited under applicable law.
12.3. If your use of material on Our Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
- Precedence of these Terms and Conditions, and variation of them
13.1. We have taken care to ensure that the rest of Our Site and these Terms and Conditions do not contradict each other. However if there are any inconsistencies or contradictions then these Terms and Conditions shall apply instead of the contradictory or inconsistent part of the rest of Our Site.
13.2. We have the right to revise and amend these Terms and Conditions from time to time. All changes will take effect once they have been posted on Our Site and you will be deemed to have accepted any changes by your use of Our Site from such time.
- Your conduct
14.1. By downloading and/or using Our Site, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with Our Site.
14.2. You agree and undertake to keep your username and password confidential, not to disclose your password to any other person and not to permit any other person to log in to Our Site using your username and password.
14.3. You agree not to interfere with the servers or networks connected to Our Site or to violate any of the procedures, policies or regulations of networks connected to Our Site, including these Terms and Conditions.
14.4. You also agree not to:
a) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit Our Site to any third party, or jeopardize the correct functioning of Our Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies Our Site;
b) attempt to gain access to secured portions of Our Site to which you do not possess access rights;
c) impersonate any other person while using Our Site;
d) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using Our Site;
e) resell or export the software associated with Our Site;
f) use Our Site to generate unsolicited advertisements or spam; or
g) use any automatic or manual process to search or harvest information from Our Site, or to interfere in any way with the proper functioning of Our Site.
- Our rights
15.1. In providing you with access to Our Site, publishing Listings and permitting you to make Orders for Goods via Our Site, PocketHighStreet reserves the following rights, and in accessing, browsing or otherwise using Our Site and/or making any Order via Our Site you grant to PocketHighStreet and agree that PocketHighStreet shall have the following rights:
a) the right to refuse or withdraw your access to Our Site in accordance with applicable laws for any reason at any time (with or without notice) if in PocketHighStreet’s sole and absolute discretion you violate or breach any of these Terms and Conditions;
b) the right to suspend, amend or disable your Account without giving you notice or any reason;
c) the right to remove or amend any Listing without giving you notice or any reason;
d) the right to cancel any Order or amend in part any Order without giving you notice or any reason, save that in such circumstances PocketHighStreet shall refund such part of the Order as has been cancelled by it;
e) the right to amend or update Our Site, prices of any Goods, any Listing, billing methods or these Terms and Conditions from time to time;
f) the right to report you to the police or other judicial body if PocketHighStreet believes in its sole and absolute discretion that your conduct (whether in using Our Site, making an Order for any Goods or otherwise) is or may be unlawful.
- Intellectual property
16.1. PocketHighStreet and/or its licensor(s) are the sole owners of Our Site, which includes any software, domains, and content made available through Our Site.
16.2. Our Site is protected by UK and International copyright and other intellectual property laws. Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit Our Site (or any part of it) or any material provided through Our Site without PocketHighStreet’s prior express written consent.
16.3. Any unauthorized use of Our Site will result in the automatic termination of the limited license granted by us. PocketHighStreet reserves the right to terminate the limited license without notice at any time following an unauthorized use by you of Our Site.
16.4. PocketHighStreet and its graphics, logos, icons and service names related to Our Site are registered and unregistered trademarks or trade dress of PocketHighStreet. They may not be used without PocketHighStreet’s prior express written permission.
16.5. All other trademarks not owned by PocketHighStreet that appear in connection with Our Site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by PocketHighStreet.
17.1. Whilst we have implemented commercially reasonable technical and organisational measures to secure your personal information from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your personal information at your own risk.
- Electronic communications
18.1. By downloading and/or using Our Site and/or viewing Listings and/or making any Order for Goods through Our Site, you consent to receiving electronic communications and notices from PocketHighStreet. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- Variations to Our Site and the services available through it
20.1. We reserve the right to amend Our Site and the services available through Our Site without notice to you.
- No warranty and liability limit
21.1. PocketHighStreet provides Our Site "as is" and “as available” and without any warranty or condition, whether express, implied or statutory. PocketHighStreet specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under the Sale of Goods Act 1979 (as amended).
21.2. PocketHighStreet assumes no liability or responsibility for any errors or omissions in Our Site; any failures, delays or interruptions in Our Site or in delivery of any Goods; any losses or damages arising from the use of Our Site and/or any delay in delivery or collection of any Goods and/or any errors in any Order and/or any Goods that are not of satisfactory quality or do not match the description of such Goods in the relevant Listing, save that on request PocketHighStreet shall refund the price of such goods subject to the policy on returns detailed above; and any conduct by users of Our Site.
21.3. PocketHighStreet reserves the right to deliver Our Site, to publish Listings and to facilitate Orders in its sole and absolute discretion.
21.4. In no event shall PocketHighStreet, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with Our Site, the publication of any Listing, the placement by you of any Order, the delivery or collection of any Goods, the failure in whole or in part to deliver any Goods or these Terms and Conditions, on any theory of liability, and whether or not advised of the possibility of damage.
21.5. PocketHighStreet does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of PocketHighStreet.
21.6. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
21.7. From time to time you may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, you agree to be bound by the Terms and Conditions of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
21.8. PocketHighStreet specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on Our Site.
22.1. You agree to indemnify and hold PocketHighStreet and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys` fees and court costs, arising, directly or indirectly, out of your breach of these Terms and Conditions and/or your violation of any law or the rights of any third party.
23.1. You agree that these Terms and Conditions and any claim, dispute or controversy arising out of in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims), Our Site, PocketHighStreet’s advertising or any related transaction between you and PocketHighStreet shall be governed by and construed in accordance with English law.
23.2. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
24.1. PocketHighStreet may change or discontinue the availability of Our Site and at any time without prior notice. PocketHighStreet reserves the right to terminate these Terms and Conditions for any reason, without notice, and these Terms and Conditions shall automatically terminate in the event that you violate any of the Terms and Conditions set forth herein (with prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease use of Our Site and will not make any Order.
25.1. These Terms and Conditions are agreed between you and us. No person shall have any rights under or in connection with these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.
25.2. If any court or competent authority decides that any term of these Terms and Conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
25.3. PocketHighStreet reserves the right to charge interest on any overdue amounts at the rate of four per cent (4%) per annum over the base lending rate of HSBC plc from time to time from the due date until payment is made. Such interest will accrue on a daily basis (as well after as before any judgment) and shall be payable by you on demand.
25.4. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
25.5. Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
25.6. You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms and Conditions without our prior express written consent.
25.8. The use of Our Site, these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.