Last Updated March 2024
1 WELCOME TO JELLYCAT
1.1 The website (www.jellycat.com) (“Website”) is provided to you by Jellycat Limited (“Jellycat”, “us”, “we” or “our”). Jellycat Limited (our legal name) (“us”, “we” or “our”). Our registered office is Westworks Building, 195 Wood Lane, London, England, W12 7FQ and our registered number is 03591414. Our VAT no. is 03591414.
2 WHAT ARE THESE TERMS OF USE?
2.1 By accessing and/or using the Website and the services and features made available through it, you agree to these Terms. You also acknowledge that our Privacy Notice and Cookie Policy apply to our use of your personal data and cookies (and other similar technologies) in relation to the Website. Please review these Terms, our Privacy Notice and our Cookie Policy and save a copy of them for your future reference.
2.2 We may amend or vary these Terms at any time and for any reason, including to reflect changes affecting the Website, our technology, our licensing arrangements, our payment policies, best practices, relevant laws and/or regulatory requirements. You should check these Terms on a regular basis to keep yourself informed of any changes. If you continue to use the Website, you are deemed to have accepted any changes we make to these Terms. If you do not agree to (or cannot comply with) such changes, you should not use the Website.
2.3 If you have any questions about these Terms, please contact us using the contact details at section 3 of these Terms.
2.4 You can purchase Jellycat products through our Website. If you purchase a product from us, our Online Shopping Terms and Conditions will apply.
2.5 We draw your attention in particular to section 14, which explains how we limit our liability to you.
3 NEED HELP OR WANT TO GET IN CONTACT?
3.1 If you have any questions, comments or complaints please do not hesitate to contact us using our “contact us” page.
4 REGISTERING FOR AN ACCOUNT AND KEEPING IT SECURE
4.1 In order to use certain parts of our Website you may be required to register for an account (an “Account”) by providing your name, your email address and password of your choosing (“Registration Data”).
4.2 To be eligible to create an Account you must be at least 18 years of age.
4.3 You shall ensure that your Registration Data, and any other information that you provide to us in relation to your Account, is accurate and kept up to date. We will use your Registration Data and such other information, as set out in our Privacy Notice.
4.4 You are responsible for your use of the Website or any other use that you have authorised, including any transactions that occur in respect of such use. You are also responsible for keeping your Registration Data secure and protecting it against unauthorised use and for ensuring the security of any device from which you sign into your Account. If you fail to do so, you are responsible for any unauthorised use of the Website using your Registration Data, including any transactions that occur in respect of such use and we shall have no liability to you in respect of such use. We recommend that you change your password from time to time to assist with security.
4.5 If you believe someone has accessed the Website using your username and password without your authorisation, it is your responsibility to set up a new password. You agree to immediately notify us of any unauthorised use of your Registration Data.
4.6 You may only have one Account at any one time. We may contact you and require you to satisfy us that you are not in breach of these Terms by operating multiple Accounts at the same time.
4.7 Usernames and profile pictures must not: (i) be obscene or offensive, (ii) infringe any third party rights, or (iii) otherwise (in our absolute discretion) be considered inappropriate. We may ask you to choose a different username at any time.
4.8 We may suspend and/or permanently deactivate your Account if we have reason to believe that you are in breach of these Terms.
4.9 You can ask us to delete your Account at any time by contacting our Customer Service Team and requesting that we delete your Account. We will delete your Account and any other data that you have provided in connection with your Account within 30 days of receiving your request. Once we have deleted your Account and such other information, it cannot be recovered. If you wish to obtain a copy of your Account Data prior to deletion, please request access to your data in accordance with your rights set out in our Privacy Notice.
4.10 If you are accessing your Account through our Website, you can find your Account settings by clicking on the Account icon at the top of the page.
5 USING THE WEBSITE
5.1 You can only use our Website if you are a consumer, not a business.
5.2 You are responsible for making all arrangements necessary to access our Website. In particular, you are responsible for ensuring that your computer and/or portable device is compatible with our Website (“Devices”).
5.3 You are responsible for ensuring that no one else uses the Website on your Devices.
5.4 You acknowledge that your agreement with your mobile network and/or internet service provider (“Internet Providers”) will apply in respect of your use of data in connection with your use of the Website and that you may be charged by your Internet Provider in respect of such use. You accept responsibility for such charges.
5.5 You must not (and you must not cause any other person to):
(a) use, or cause others to use, any automated system or software to extract content or data from the Website for commercial purposes, except where you or any applicable third party has entered into a written agreement with us that permits such activity;
(b) interfere with, or disrupt, the Website or any servers or networks connected to the Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Website is rendered or displayed in a user’s browser or device;
(c) access the Website via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
(d) attempt to restrict another user of the Website from using or enjoying the Website and you must not encourage or facilitate the breach of these Terms by others;
(e) use the Website for any illegal or unauthorised purpose or in any way that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement, computer misuse, or collecting or harvesting any information or data from our systems or servers;
(f) use the Website in any way or that (i) is defamatory of any other person, (ii) is obscene or offensive, (iii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or (iv) is likely to harass, upset, embarrass, alarm or annoy any other person;
(g) change, modify, adapt or alter the Website or change, modify or alter another website so as to inaccurately imply an association with the Website or us,
(“Prohibited Uses”).
6 CHANGES TO THE WEBSITE AND THESE TERMS
6.1 We may need to make changes to these Terms and our Website. These changes might be to reflect changes in the law or other regulatory requirements, or to make improvements, for example to address a security threat.
6.2 You can check when these Terms were last updated by looking at “Last Updated” at the top of this page.
7 NO PROMISES
7.1 We will do our best to make sure that our Website (and any email that we sent to you in connection with the Website) is accurate, reliable, up-to-date and free from bugs, trojan horses or other harmful components but we cannot promise that it will be, and you are responsible for putting in place your own internet security and safety measures.
7.2 The content displayed on the Website (and the content that we send to you via email in connection with the Website) is made available to you for your general information and is for non-commercial use only. We give no promises that such content is accurate or reliable. The content is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the content made available on the Website is at your own risk.
7.3 Our Website are provided free of charge and have not been developed to meet your specific requirements. We cannot promise that they will be fit or suitable for your specific purposes or that it will be compatible with all or any hardware or software which you may use. We also do not make any promises that the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.4 Access to the Website is permitted on a temporary basis and we reserve the right to withdraw access from the Website for any reason and without notice.
8 UPLOADING CONTENT AND PRODUCT REVIEWS TO OUR WEBSITE
8.1 On certain parts of our Website, you may be invited to submit materials, including product reviews, for (a) publication on our Website and/or (b) use by us in accordance with these Terms (“Your Content”). We may moderate Your Content before it is uploaded to the Website. We may in our discretion determine whether Your Content is suitable for inclusion on our Website and make no guarantee that Your Content will be uploaded to the Website or used by us.
8.2 Your Content must not:
(a) be, or cause you to use our Website in any way that is, a Prohibited Use (please see section 5.5 of these Terms);
(b) contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence;
(c) be illegal or infringe the Rights (as defined in section 9 of these Terms) of any third party, in any country in the world; and
(d) be technically harmful (by way of example it must not include any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data),
(“Infringing Content”).
8.3 You must have the express consent of any individual featured in Your Content to their image and/or voice being used in accordance with the permission you grant to us below. If you do not have their consent, you must not submit any content featuring that individual to the Website. We will not be responsible, or liable to any third party, for the content or accuracy of Your Content posted by you or any other user of the Website.
8.4 We reserve the right to monitor and review Your Content and the content of other users, but do not have the obligation to do so. You acknowledge that, unless expressly stated otherwise, Your Content has not been verified or approved by us. Views expressed by other users on the Website do not represent our views or values.
8.5 By uploading Your Content to the Website, you grant us and our designees, together with users of the Website a worldwide, irrevocable, non-exclusive, transferable, royalty-free licence (which is unlimited in time) to view and use Your Content in order to provide, use and improve the Website. We also reserve the right, acting reasonably, to disclose your identity to any third party who is claiming that Your Content infringes their intellectual property rights or their right to privacy, or as required by law.
8.6 We make no guarantee that Your Content will be kept on the Website for any length of time, and we reserve the right to remove Your Content as we see fit, including if it does not comply with these Terms or removal is otherwise desirable for business or operational reasons. You are urged to keep back-up copies of any of Your Content submitted to us. The Website should not be used as your primary method to store or curate copies of your images, videos or text, as Your Content may be removed permanently from the Website at any time, and we may not keep copies of Your Content.
8.7 If you wish to request us to stop using any of Your Content at any time, you should notify us by contacting us using the contact details at section 3 of these Terms setting out details of Your Content (the “Notified Content”) and, for Notified Content published on our Website, where it can be found on the Website. We will endeavour to respond to you promptly and will consider your request and any concerns that you have, however, please note that we may still continue to use Your Content where it is reasonable for us to do so, in particular where Your Content has been shared and reposted by us on other websites and used in other media and publications.
8.8 You will notify us without delay by contacting us using the contact details at section 3 of these Terms if you become aware that any of Your Content is or becomes Infringing Content (as defined in section 8.2 of these Terms) and you will provide us with any and all information and assistance that we require to in order to identify and remove any Infringing Content from the Website.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 Our Website and all information, music, images, photographs, videos and other content displayed on our Website (“Material(s)”) are protected by certain rights. These rights include all patents, rights to inventions, copyright, database rights, performer’s property rights, moral rights, trade marks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered (“Rights”). These Rights either belong directly to us or are licensed to us from their respective owners or licensors.
9.2 You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgment to us where appropriate.
9.3 We expressly reserve all Rights in and to our Website and the Materials and your use of our Website and the Materials is subject to the following restrictions. You must not:
(a) copy the Website except where such copying is incidental to normal use of the Website, or where it is necessary for the purpose of back-up or operational security;
(b) sub-licence or otherwise make available the Website in whole or in part (including object and source code), in any form to any person without our prior written consent;
(c) remove any copyright or other proprietary notices contained in the Materials;
(d) use any Materials in any manner that may infringe any of our Rights or the Rights of a third party;
(e) use the Materials in any way that might be illegal or breach these Terms;
(f) reproduce, modify, edit, mix or remix, apply any voiceover or commentary, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit our Website and/or the Materials in any way for any commercial purpose, without our prior written consent;
(g) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or attempt to do any such thing; or
(h) use the Website or Materials in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or personal rights of others or in any defamatory, obscene, threatening, abusive or hateful material including without limitation using the Website or any Materials in connection or association with any obscene, defamatory, illegal, pornographic material or in relation to products and services that relate to firearms, gambling, pharmaceuticals, pornography or tobacco or otherwise than in accordance with normal standards of decency.
9.4 Any use of our Website or the Materials in a manner not expressly permitted by these Terms may constitute an infringement of our Rights and/or the Rights of our licensors. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of Rights in our Website or the Materials accessible on it.
10 TRADE MARKS
10.1 We reserve all Rights in the name “Jellycat”, the www.jellycat.com domain name and all related domains and sub-domains, our logo and our service marks, brand names, trading names and/or trade marks appearing on our Website. Other trade marks, products and company names mentioned on our Website may be the trade marks of their respective owners or licensors and the Rights in such marks are reserved to their respective owners or licensors.
10.2 Nothing in these Terms should be construed as granting any licence or right to use any such trade marks or our domain name.
11 LINKING TO OUR WEBSITE
11.1 We permit you to link to our Website if you comply with the following:
(a) you only do so in a way that is fair and legal and does not take advantage of or damage our reputation,
(b) you do not link to our Website via any digital property containing content of an adult or illegal nature, or material that is offensive, harassing or otherwise objectionable;
(c) you do not suggest any form of association, approval or endorsement by us unless we have otherwise permitted;
(d) you do not remove, obscure or modify in any way any advertisements, copyright notice, or other information on our Website, or frame any aspect of our Website on any other site;
(e) you do so for non-commercial purposes; and
(f) you do not link to any page of the Website other than the home page.
11.2 We reserve our right to withdraw our permission granted at section 11.1 at any time without notice.
11.3 If you would like to link to our Website for commercial purposes or any purposes not included above, please contact us using the contact details at section 3 of these Terms.
11.4 Anyone providing access to, or information relating to the Website, whether by link or otherwise, is responsible for bringing these Terms to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
12 LINKS TO THIRD PARTY WEBSITES
12.1 The Website (and emails that we send to you in connection with the Website) may include links to third party websites, applications and/or other digital properties (“Third Party Properties”) that are controlled and maintained by third parties (“Third Parties”). If you decide to visit any Third Party Property or use a service made available through, or purchase products via, a Third Party Property, you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of the relevant Third Party and the services they offer. We are not responsible for the content, accuracy or opinions expressed on Third Party Properties. Links that we make available do not imply that we are, or our Website is, affiliated to or associated with such websites or services.
12.2 Your interaction with any Third Party Property is subject to the relevant Third Party’s own terms and policies. In particular, Third Parties will process your personal data in accordance with their own privacy notices. Please read all applicable terms and polices of the relevant Third Party before using a Third Party Property and/or using a service made available through, or purchasing products via, a Third Party Property.
13 IF YOU BREACH THESE TERMS
13.1 If you are in breach of, or we suspect you are in breach of, these Terms or any other terms applicable to the services that we make available through the Website, we may take any or all of the following actions:
(a) issue a warning to you;
(b) effect an immediate, temporary or permanent withdrawal of your access to your Account and/or the Website without notice;
(c) take legal action against you; and/or
(d) disclose such information to law enforcement authorities as we reasonably feel is necessary.
13.2 The responses described above at section 13.1 are not limited and we may take any other actions we reasonably deem appropriate.
14 OUR RESPONSIBILITY FOR LOSS AND DAMAGE
14.1 Nothing in these Terms is intended to exclude or limit our liability 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, or for fraud or fraudulent misrepresentations.
14.2 As we’ve explained in section 5, you can only use our Website if you are a consumer, not a business. Therefore, you understand that we have no liability to you for any business losses for example loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We’re only responsible for losses you suffer caused by us breaking these Terms unless the loss is:
(a) Unexpected. This means the loss was not, at the time you agreed to these Terms, a reasonably foreseeable consequence of us breaching these Terms (loss or damage if foreseeable if either it is obvious that it will happen or if, at the time these Terms were entered into, both we and you knew it might happen).
(b) Caused by a delaying event outside of our control.
(c) Avoidable. This means you could have avoided the loss by taking reasonable action.
14.4 Nothing in these Terms affects our liability to you in respect of products that you purchase from us. Our liability to you in respect of your purchase of products or services from us will be as set out in our Online Shopping Terms and Conditions.
15 YOUR LIABILITY TO US
15.1 You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these Terms or failure to discharge your obligations.
16 WHICH COUNTRY’S LAWS APPLY TO THESE TERMS AND WHERE COULD YOU BRING LEGAL ACTION?
16.1 Please contact us using the contact details at section 3 of these Terms if you have any complaints. We would prefer to try to resolve any dispute informally between you and us in the first instance.
16.2 These Terms are governed by English law, but we will not deprive you of any protection you have under the law of the country where you live, and you can bring claims against us in the courts of your home country.
16.3 If you are a customer in the EU, you may also choose to raise any dispute with an alternative dispute resolution body via the EU Commission’s Online Dispute Resolution (ODR) Platform.
17 OTHER IMPORTANT TERMS
17.1 Transferring rights: You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with your use of the Website, without our prior written consent. You agree that we may transfer our rights and obligations under our contract with you to a third-party purchaser of our business or to an affiliate, in which case we will notify you and explain your options.
17.2 Third party rights: These Terms are between you and us. Nobody else can enforce them and neither of us will need to ask anybody else to sign-off on ending or changing them.
17.3 If the Terms are invalidated: If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
17.4 Delays: We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
