End User Terms of Service
1 WELCOME TO PURPLE DOT
1.1 Purple Dot has entered into an agreement with the retailer through whose retail website or mobile application (the "Website") you have accessed this waitlist service (the "Retailer"). Under this agreement, consumers ("you") are permitted to access our service which enables you to join a pre-order waitlist (a “Waitlist”) for your favourite items (each, a "Product") (the "Purple Dot Service"), subject to these End User Terms of Service.
1.2 The Purple Dot Service is operated by Purple Dot Technologies Limited (“Purple Dot”, “we”, “our” or “us”).
2 YOUR RELATIONSHIP WITH US
2.1 What these terms cover. These End User Terms of Service and any documents referred to within them (collectively, the “Terms of Service”) set out the terms of your access to the Purple Dot Service.
2.2 Why you should read them. Please read the Terms of Service carefully before you use the Purple Dot Service. If there is anything within the Terms of Service that you do not understand, please contact us to discuss what this means for you.
2.3 Updates to these terms. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
3 INFORMATION ABOUT US AND HOW TO CONTACT US
3.1 Who we are. Purple Dot Technologies Limited is incorporated and registered in England and Wales under company number 12129919. Our registered office is at 9th Floor 107 Cheapside, London EC2V 6DN. Our registered VAT number is 337017517.
3.2 How to contact us. You can contact us by: telephoning our customer service team at: US tel: +1 940 353 3521 UK tel: +44 116 366 1804 or by writing to us at: E-mail: support@getpurpledot.com Address: Purple Dot, Second Home, 68 Hanbury St, London E1 5JL, United Kingdom.
3.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your pre-order.
3.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
4 USING THE PURPLE DOT SERVICE
4.1 Eligibility
4.1.1 You must be capable in your country of residence of entering into a legally binding agreement to use the Purple Dot Service.
4.1.2 You are responsible for ensuring that any information that you provide to us is accurate and up to date.
4.2 Joining Waitlists. Acceptance of your request to join a Waitlist using the Purple Dot Service will take place when we email you on behalf of the Retailer to confirm their acceptance of your request. Upon acceptance of your request, a contract will come into place between you and the Retailer for the pre-order and sale of the relevant Product.
4.3 Contract for pre-order and sale of Products. You acknowledge that Products sold on the Website are not owned or sold by Purple Dot, but by the Retailer named on the Website. Your purchase of Products will be subject to the terms and conditions of sale, and any additional terms, of the Retailer. Purple Dot is not party to any agreement for the sale of Products, and is not responsible to you in any way in respect of the Products (including in relation to the delivery or the quality of the Products). We are acting on behalf of the Retailer as an agent. We are authorised by the Retailer to conclude the contract for the pre-order and sale to you of the Products on their behalf, but we are not party to that contract and you are not purchasing Products from us or through us, nor do we act as your agent.
4.4 Ordering in-stock items. If you place on order on the Website for both pre-order Products and in-stock items, please note that we will act as a payment collection agent for the Retailer only, for the sole purpose of facilitating payment of the Purchase Price for all items that you purchase, in accordance with paragraph 5.2.3 below. Your purchase of the in-stock items will be governed by the terms and conditions of sale set out on the Retailer's Website.
5 FEES AND PAYMENT
5.1 Purple Dot Service Fees. Access to the Purple Dot Service is provided to you free of charge. Purple Dot will receive a service fee from the Retailer for the provision of the Purple Dot Service.
5.2 Payment for Products
5.2.1 In order to join a Waitlist through the Purple Dot Service, you will be required to pay the purchase price of the Product(s) (and any applicable taxes), together with any applicable costs of delivery as such prices are detailed on the Retailer’s Website (the “Purchase Price”).
5.2.2 You are required to pay the Purchase Price to the Retailer through the Purple Dot Service.
5.2.3 We will act as a payment collection agent for the Retailer only, for the sole purpose of facilitating payment of the Purchase Price (less any service fee that we charge to the Retailer) from you to the Retailer. We are authorised by the Retailer to accept payment on their behalf and payment of the Purchase Price to us will fulfil your obligation to pay the Purchase Price to the Retailer.
5.2.4 If your request to join a Waitlist for a Product is accepted, your request will be confirmed by Purple Dot on behalf of the Retailer, and your credit card or debit card will be charged the Purchase Price.
5.2.5 If your request to join a Waitlist for a Product is rejected, your request will not be confirmed, and your credit or debit card will not be charged the Purchase Price.
5.2.6 All amounts (including any Purchase Price) stated or referred to in these Terms of Service are:
5.2.6.1 listed in the currency stated on the Website; and
5.2.6.2 inclusive of value added tax and any other taxes (if applicable, or unless otherwise specified by the Retailer on the Website) and shall be paid at the same time as the Purchase Price.
6 MODIFICATIONS, CANCELLATIONS, AND REFUNDS
6.1 How to modify or cancel pre-orders and your request to be on a Waitlist. If you have joined a Waitlist, you may modify or cancel your pre-order and your subscription to the Waitlist at any time before you receive a shipping confirmation email from the Retailer in relation to the relevant Product(s). You can do this through the Purple Dot Service or by contacting the Retailer at the Retailer's email address as notified to you in the pre-order confirmation email that we send to you when your request to join a Waitlist is accepted. You will receive a confirmation of the cancellation of the pre-order from us, and you will receive a refund any sums you have paid. Please note that any estimate shipping dates notified to you when you join a Waitlist are estimates only - your right to cancel or modify your pre-order and subscription to the Waitlist under this paragraph 6.1 will apply only until such time as you receive the shipping confirmation from the Retailer.
6.2 How to return items after receiving shipping confirmation. Once you have received a shipping confirmation email from the Retailer, you will be removed from the Waitlist and your rights of cancellation and return, and rights to receive a refund, will be set out in the Retailer’s terms and conditions on their Website.
6.3 Additional terms and conditions. Any modification or cancellation may be subject to additional terms and conditions as notified to you prior to your confirmation of a request to modify or cancel your subscription to a Waitlist, and/or to any pre-orders for Products that you have placed, including the terms and conditions set out in this paragraph 6.
7 YOUR RIGHT TO USE THE PURPLE DOT SERVICE
7.1 The materials and content comprising the Purple Dot Service belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the Purple Dot Service in accordance with the Terms of Service.
7.2 Your right to use the Purple Dot Service is personal to you and you are not allowed to give this right to another person. Your right to use the Purple Dot Service does not stop us from giving other people the right to use the Purple Dot Service.
7.3 You agree that you have no rights in or to any portion of the Purple Dot Service other than the right to use the Purple Dot Service in accordance with the Terms of Service.
8 RULES OF ACCEPTABLE USE
8.1 In addition to the other requirements within the Terms of Service, this section describes specific rules that apply to your use of the Purple Dot Service (the "Rules of Acceptable Use").
8.2 When using the Purple Dot Service you must not:
8.2.1 circumvent, disable or otherwise interfere with any security related features of the Purple Dot Service or features that prevent or restrict use or copying of the content accessible via the Purple Dot Service;
8.2.2 give any false or misleading information or permit another person to use the Purple Dot Service under your name or on your behalf;
8.2.3 impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to us, if this is not the case;
8.2.4 use the Purple Dot Service other than for its intended purpose as set out in the Terms of Service;
8.2.5 use the Purple Dot Service if we have suspended your access to it, or have otherwise banned you from using it;
8.2.6 modify, interfere, intercept, disrupt or hack the Purple Dot Service or collect any data from the Purple Dot Service other than in accordance with the Terms of Service;
8.2.7 misuse the Purple Dot Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Purple Dot Service or the equipment of any user of the Purple Dot Service; or
8.2.8 use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Purple Dot Service in a manner that send more request messages to the Purple Dot Service than a human can reasonably produce in the same period of time.
8.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of the Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
8.3.1 immediate, temporary or permanent withdrawal of your right to use the Purple Dot Service;
8.3.2 issuing of a warning to you;
8.3.3 legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
8.3.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
8.4 The responses described in paragraph 8.3 above are not limited, and we may take any other action we reasonably deem to be appropriate.
9 ENDING OUR RELATIONSHIP
9.1 Your right to end our relationship
9.1.1 If at any time you do not feel that you can agree to the Terms of Service or any changes made to the Terms of Service or the Purple Dot Service, you must immediately stop using the Purple Dot Service.
9.1.2 You may end your use of the Purple Dot Service at any time, for any reason.
9.2 Our right to end our relationship.
9.2.1 We may immediately end your use of the Purple Dot Service if you break the Rules of Acceptable Use or any other important rule(s) of the Terms of Service.
9.2.2 We may also withdraw the Purple Dot Service as long as we give you reasonable notice that we plan to do this.
9.3 What happens if you or we end our relationship.
9.3.1 If you or we end your use of the Purple Dot Service or we withdraw the Purple Dot Service as described in this section 9, we may delete or modify any information we hold about you. You will also lose any rights you have to use the Purple Dot Service or access our content (other than in respect of any pre-orders that are in progress).
9.3.2 If we end your right to use the Purple Dot Service for your breach of the Rules of Acceptable Use or any other important rule(s) of the Terms of Service, we will refund any Purchase Price you have paid in advance for pre-orders of Products in respect of which you have not received a shipping confirmation email.
9.3.3 If we end your right to use the Purple Dot Service for your breach of the Rules of Acceptable Use or any other important rule(s) of the Terms of Service, and you have received a shipping confirmation in relation to any pre-ordered Products, our ending of your right to use the Purple Dot Service will not affect youra pre-order(s) for the relevant Products.
9.3.4 We will not offer you any other compensation for any losses incurred by you on our ending of your right to use the Purple Dot Service.
10 LIABILITY
10.1 Contracts for pre-orders and the sale of Products
10.1.1 You acknowledge that we are not party to any agreement between you and any Retailer. Accordingly, we will not be liable for any breach of a contract between you and any Retailer.
10.1.2 We do not assume any liability for any loss or damage suffered by you which is caused by any Retailer’s action or inaction.
10.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Service, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.3 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; for fraud or fraudulent misrepresentation; or for breach of your legal rights.
10.4 Errors, interruptions and delays in the Purple Dot Service. Unfortunately, due to the nature of the Internet and technology, the Purple Dot Service is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Purple Dot Service will be uninterrupted, without delay, error-free, or meet your expectations and we do not give any commitment relating to the performance or availability of the Purple Dot Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
10.5 Our liability to you
10.5.1 In the event of a claim arising out of the provision of the Purple Dot Service, our responsibility to you will never be more than the amount you have paid through the Purple Dot Service in the twelve (12) months prior to the claim arising and, in the event that you have not made any payments through the Purple Dot Service, our responsibility to you will never be more than £100.
10.5.2 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
10.5.3 Nothing in the Terms of Service excludes or limits our liability to you, or your statutory rights as a consumer, if the law of the country where you live does not allow the exclusions or limitations of liability provided for in the Terms of Service.
11 RESOLVING DISPUTES
11.1 Disputes between you and us. If you have a dispute with us relating to the Purple Dot Service, in the first instance please contact us at support@getpurpledot.com and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving the dispute.
11.2 Disputes between you and a retailer. If a dispute arises between you and a Retailer in connection with any Products, or orders for Products, please refer the dispute to the Retailer using the contact details on the Retailer's Website. For the avoidance of doubt, we are under no obligation to resolve any dispute between you and a Retailer, and nothing in this paragraph shall prevent you (or the Retailer) from commencing or continuing court proceedings in relation to the dispute.
11.3 English law will apply to the Terms of Service, and to all disputes and the interpretation of the Terms of Service. Subject to paragraphs 11.1 and 11.2 above, the English courts will have nonexclusive jurisdiction over any dispute arising from or related to your use of the Purple Dot Service.
12 CHANGES TO THE PURPLE DOT SERVICE
12.1 We are constantly updating and improving the Purple Dot Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the Purple Dot Service.
12.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Purple Dot Service, or feature relating to the Purple Dot Service ("changes to the Purple Dot Service"). These changes to the Purple Dot Service may affect your past activities on the Purple Dot Service and features that you use ("service elements"). Any changes to the Purple Dot Service could involve your service elements being deleted or reset.
12.3 You agree that a key characteristic of our Purple Dot Service is that changes to the Purple Dot Service will take place over time and this is an important basis on which we grant you access to the Purple Dot Service. Once we have made changes to the Purple Dot Service, your continued use of the Purple Dot Service will show that you have accepted any changes to the Purple Dot Service. You are always free to stop using the Purple Dot Service.
12.4 We will try, where possible and reasonable, to contact you to let you know about any significant changes to the Purple Dot Service.
13 CHANGES TO THE DOCUMENTS
13.1 We may revise these Terms of Service from time to time but the most current version will always be atwww.getpurpledot.com.
13.2 Changes will usually occur because of new features being added to the Purple Dot Service, changes in the law or where we need to clarify our position on something.
13.3 We will try, where possible and reasonable, to notify you about any significant changes to any of the documents referred to in the Terms of Service. We may contact you through the Purple Dot Service (for example by asking you to accept the changes before you continue to use the Purple Dot Service) or via a separate email. However, sometimes changes will need to be made immediately and if this happens, we will not give you any notice.
14 OTHER IMPORTANT TERMS
14.1 Third party rights. A person who is not a party to the Terms of Service may not enforce any of its terms.
14.2 Invalidity of terms. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
14.3 Delays. If you do not comply with the Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
15 CONTACT AND FEEDBACK
15.1 If you need to contact us in relation to the Terms of Service or any other document mentioned in them, please email us at support@getpurpledot.com.
15.2 We value hearing from our users, and are always interested in learning about ways we can improve the Purple Dot Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
