Welcome to Ash. Ash is brought to you by MktCo L.L.C. (referred to in these Terms as "we", "us", "our", and "Ash").
We are a company incorporated in Delaware United States, with a registered office at 16192 Coastal Highway, Lewes, Delaware, 19958, County of Sussex.
You may use the Services only if you are at least 13 years of age. We do not knowingly market or sell products for purchase by children. You may only buy items from Ash if you are legally capable of forming a binding contract with Ash (or if you are under 18 years old, but over 13 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms, and are not a person barred from receiving the Services under the laws of the United States, United Kingdom or any other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you open an account on behalf of a company, organisation, or other entity, then: "you" includes you and that entity; and you represent and warrant that you are authorised on behalf of that entity to bind the entity to these Terms; and you agree to these Terms on the entity's behalf.
The Services that Ash provides are always evolving and the form and nature of the Services that Ash provides may change from time to time without prior notice to you. In addition, Ash may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. Ash retains the right to create limits on use and storage at its sole discretion at any time without prior notice or any liability to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Ash on the Services are subject to change. In consideration for Ash granting you access to and use of the Services, you agree that Ash and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Buying Products Through Ash
Ash is an online intermediary which partners with some of the world's best known brands to give you a wide array of fashion items to buy.
Please note that Ash has no responsibility for the fulfilment or your order, regardless of how you purchase your items through Ash. You should contact the Ash Partner from whom you have brought the item directly in respect of any queries you have on the delivery, refund, exchange or return of the items you purchase.
If you are making a payment on one of our Ash Partner websites, payment can be made by any card accepted by the retailer that delivers the product. You will be asked to enter your shipping details, billing details and payment details in order to purchase the product from the Ash Partner.
When of you pay for an item on a Ash Partner's website, you confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment, we will not be liable for any delay or non-delivery.
Please note, that we are not responsible, and have no liability, for transactions which are made on our Ash Partner websites.
Accessing The Services
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. We reserve the right to modify, restrict access or terminate access to the Services at any time.
From time to time, we may restrict access to some or all parts of our Services.
You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all persons who access Services through your internet connection are aware of these Terms, and that they comply with them.
All right (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and the Content including but not limited to all information, data, text, maps, graphics, the "look and feel", logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of Ash and its licensors. The Services are protected by copyright, trade mark, and other laws and treaties around the world. All such rights in the Services, Content and related material are reserved.
Ash is a registered trade mark of MktCo L.L.C. Both the trade mark and the Ash logo are owned by us and cannot be used without our prior written consent. Nothing in the Terms gives you a right to use the Ash name or any of the Ash trade marks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Ash, or the Services is entirely voluntary and Ash will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.
You may print off one copy, and may download extracts, of any page(s) from our Services for your personal reference and you may draw the attention of others within your organisation to material posted on our Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not copy any part of the Content, with a view to creating or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so.
If you copy or download any part of the Services or Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Restrictions On Content And Use Of The Services
You shall not use the Services:
- in any way that violates any local, national or other laws or regulations or any order of a court in any relevant jurisdiction;
- for any purpose that is not permitted by these Terms;
- in any way that infringes the rights of any person or entity, including their copyright, trade mark or other intellectual property rights, or other privacy or contractual rights;
- to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or message of any kind;
- in any way that promotes or incites, whether intentionally or unintentionally, racism, bigotry, hatred or physical harm of any kind;
- in any way that is abusive, defamatory, inaccurate, obscene, offensive, objectionable or sexually explicit;
- to promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person;
- to access, tamper with, cause damage to, or use non-public areas of the Services, Ashs's computer systems, servers or equipment or the technical delivery systems of Ash's providers;
- to access or attempt to access any data of other users of the Services or to penetrate any of the security measures relating to the Services, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- in any way that intentionally or unintentionally deceives, defrauds or swindles any other user;
- to introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Services, including but not limited to cancelbots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
- for commercial purposes other than as expressly permitted in these Terms;
- to bypass measures used to prevent or restrict access to the Services;
- to solicit or provide unlawful services;
- to harvest or otherwise collect information about others without their consent;
- to gain unauthorised access to the Services, the server on which the Services is stored or any server, computer or database connected to the Services;
- to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- to scrape, crawl or spider or otherwise use the Services or any Content for phishing, spamming, trolling or any unauthorised (commercial) purpose; or
- to promote or support or solicit involvement in any political platform or cause, religion (recognised as organised or unorganised), cult or sect of any kind.
Ash reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services. Ash also reserves the right to access, read, preserve, or disclose any information as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or; (v) protect the rights, property or safety of Ash, its users and the public.
While we will do what we can to protect the security of your Content and account, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
Competitions And Promotions
Ash may on occasion run competitions or promotions either on its own behalf, for other parties or in conjunction with the Ash Partners. These will be subject to additional rules and conditions which will be made available at the time of any such competition or promotion.
The Services Are Available "as-is"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis.
Without limiting the foregoing, Ash AND ITS PARTNERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATION), GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED.
Ash makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any content thereon. Ash will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Ash has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Ash makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Ash or through the Services, will create any warranty not expressly made herein.
We do not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Services at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Services. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any Content posted on it, or on any website or application linked to it.
We are not liable to you for any inability to access the Services at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).
Limitation Of Liability
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Ash AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY:
- (i) LOSS OF PROFITS, SALES OR CONTRACTS;
- (ii) LOSS OF INCOME OR REVENUE,
- (iii) LOSS OF BUSINESS OPPORTUNITY OR GOODWILL OR REPUTATION;
- (iv) LOSS OR CORRUPTION OF DATA OR INFORMATION;
- (v) LOSS OF ANTICIPATED SAVINGS;
- (vi) WASTED MANAGEMENT OR OFFICE TIME; OR
- (vii) ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITATIVE DAMAGES,
- ARISING FROM OR IN ANY WAY CONNECTED TO:
- (i) YOUR ACCESS TO OR USE OF THE SERVICES;
- (ii) YOUR DELAY IN USING, OR INABILITY TO ACCESS OR USE THE SERVICES;
- (iii) THE FULFILMENT OF YOUR ORDERS FROM OUR Ash PARTNERS ONCE YOU HAVE PLACED AN ORDER THROUGH Ash, INCLUDING BUT NOT LIMITED TO THE DELIVERY, EXCHANGE, RETURN OR REFUND OF ITEMS YOU HAVE PURCHASED FROM Ash PARTNERS;
- (iv) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
- (v) USE OF ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES; OR
- (vi) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES.
NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE SERVICES, SHALL BE LIMITED TO $100.
NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER OR LIMIT OR EXCLUDE OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER LAW.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, COSTS, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF DEFENCE OF CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES)) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.
We reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason, including (without limitation) in circumstances where;
- (i) we have reasonable grounds to suspect unauthorised or fraudulent use of the Services;
- (ii) we reasonably suspect that you have not complied with these Terms; or
- (iii) we reasonably suspect a breach of confidentiality or infringement of our intellectual property rights by you or a third party;
and to the maximum extent permitted by the law, we expressly exclude all relevant conditions, warranties of any kind (either express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity in relation to any liability that you may claim we owe to you in respect of such suspension, withdrawal or amendment.
On termination of these Terms (for whatever reason) all licences and rights granted to you in relation to the Services shall immediately come to an end.
Waiver And Severability
The failure of Ash to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Governing Law And Jurisdiction
The American courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or your use of the Services. These Terms 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 the law of the United States of America.
These Terms are the entire and exclusive agreement between Ash and you regarding the Services (excluding any services for which you have a separate agreement with Ash that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Ash and you regarding the Services. Other than members of the group of companies of which Ash is the parent, no other person or company will be third party beneficiaries to the Terms.
You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty or undertaking not expressly incorporated in them.
If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution at the address given below or via e-mail at email@example.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any failure by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
The Services licensed personally to you and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party.
We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.
Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.
Ash may revise these Terms from time to time, the most current version will always be at on-Ash.com/tos. If the revision, in Ash's sole discretion, is material Ash will notify you via an e-mail to the email associated with your account. By continuing to access or the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by MktCo L.L.C., 16192 Coastal Highway, Lewes, Delaware, 19958, County of Sussex. If you have any questions about these Terms, please contact us.
Effective: March 31, 2018