TERMS OF USE

1.     Overview

1.1.  www.butternutbox.com (and any associated domains controlled by us) is a website (“Site”) operated by Dogmates Ltd (“We”) registered in England and Wales under company number 9328607 and have our registered office at 127 Penhill Road, Bexley. Our VAT number is 211467045. 

1.2.  To contact us, please email hey@butternutbox.com or telephone our customer service line.

1.3.  These Terms of Use govern the terms on which we allow you to use the Site and must be read in conjunction with our privacy policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

1.4.  If you make any purchases via the Site then our Terms and Conditions will apply.

2.     Acceptance of these Terms of Use

2.1.  By using the Site, you confirm that you accept these Terms of Use and that you agree to comply with them.

2.2.  This Site and is intended for access in the UK. Any users in a jurisdiction where the Site’s publication or availability is prohibited must not access Site. Those who access the site do so on their own initiative.

2.3.  If you do not agree to these terms, you must not use the Site.

2.4.  We recommend that you print a copy of these Terms of Use for future reference.

3.     Copyright and intellectual property

3.1.  The Website and its content and intellectual property remains ours at all times, unless licenced or borrowed property.

3.2.  This content and intellectual property includes logos, trademarks, trade names, patents, registered designs and copyright and any other intellectual property derived from the design or function of the Website or any Communications

3.3.  Through use of the Website, or as a recipient of the Communications, You automatically agree to respect these copyright and intellectual property rights.

3.4.  You may not copy, download, transmit, reproduce, print or reproduce in any means any materials contained within the Website for commercial purposes unless expressly permitted by Dogmates.

3.5.  “BUTTERNUT BOX” is a registered trade mark of Dogmates Ltd. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under these Terms of Use.

4.     External Websites

4.1.  From time to time this website may also include links to external websites (outside the Site). We do not control these websites and the links are provided for your convenience and information. Their inclusion on the Site does not signify our endorsement of the websites or associated companies.

4.2.  We have no responsibility for or control over the content, privacy policies and operation of any websites we link to.

5.     Modification and amendment of these Terms of Use and the Site

5.1.  We may amend these Terms of Use from time to time. Every time you wish to use the Site, please check these terms to ensure you understand the terms that apply at that time.

5.2.  We may update and change the Site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

6.     No warranty

6.1.  Our site is made available free of charge and this Site and its content is provided as is.

6.2.  We accept no liability for the content of and functions contained on the Site or in our communications.

6.3.  We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

6.4.  We do not warrant that the site is compatible with all computer or mobile device software and equipment.

6.5.  We take internet security seriously, although we cannot warrant that the Site and its server is free of errors, viruses, worms, Trojan Horses or any other malicious software and we shall not be liable for any damage you may suffer as a result of such destructive and unintended features. You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.

6.6.  The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.

6.7.  Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.

6.8.  You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

7.     Linking to the Site

7.1.  You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

7.2.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

7.3.  You must not establish a link to the Site in any website that is not owned by you.

7.4.  Our Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page without our permission.

7.5.  We reserve the right to request that you remove any links to the Site that you create and publish.

8.     Uploading content to the Site

8.1.  Any content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

8.2.  When you upload or post content to our site, you grant us a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content worldwide.

8.3.  We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

8.4.  You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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. In the event of such a breach, your right to use the Site will cease immediately.

9.     Limitation of liability

9.1.  You acknowledge that your use of the Site and its content is at your own risk.

9.2.  Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise.

9.3.  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

9.4.  Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions.

10.  Governing Law and jurisdiction

These Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.