Welcome to NellieStore, a website that enables you to personalise and procure printed products. NellieStore (collectively, "NellieStore" or "the Service") is operated by Digitronix Ltd under the 'Nellie' brand (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.nelliestore.co.uk or the mobile version thereof (together the "Site") or by posting a Share Button on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered user/customer of NellieStore. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

REGISTRATION DATE; ACCOUNT SECURITY

In consideration of your use of the Site, you agree to
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data");
(b) maintain the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and
(d) be fully responsible for all use of your account and for any actions that take place using your account.

 

PROPRIETY RIGHTS IN SITE CONTENT; LIMITED LICENSE All

content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction.

 

methods. Any use of the Site or the Site Content other than as specifically authorised herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

 

DISCLAIMERS

The Company is not responsible or liable in any manner for any User Content posted on the Site or by any of the equipment or programming associated with or utilised in the Site or the Service. We are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or products that are created using the site. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons.

 

NellieStore assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including without limitation any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

 

You warrant that all information given by you in your registration or use of Nelliestore is accurate and not misleading and that you will not use Nelliestore:

 

  » for any fraudulent or illegal purposes

 

  » for any commercial purpose other than to conduct a commercial transaction with Nellie. This includes allowing access to your photo album in return for payment or for      any other commercial purpose.

 

  » for the transmission or posting of any computer viruses or any material which is

 

defamatory

likely to incite hatred against any person or group

blasphemous

racist

pornographic

of any criminal act

offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety and you agree that you will be liable for any action taken against us or against you in relation to such use; and breaches any applicable laws or legislation

 

THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

 

The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

 

LIMITATION ON LIABILITY

In no event will NellieStore or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the site or the service, any platform applications or any of the site content or other materials on, accessed through or downloaded from the site, even if the company is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to company for the service during the term of membership, but in no case will the company's liability to you exceed £500. You acknowledge that if no fees are paid to NellieStore for the service you shall be limited to injunctive relief only, unless otherwise permitted by law and shall not be entitled to damages of any kind from NellieStore, regardless of the cause of action.

 

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to NellieStore are non-confidential and shall become the sole property of Company. Nellie (company) shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

IMAGES

NellieStore provides a self-publishing facility. The images that you upload will be the same images that are displayed in your personalised product. Nellie will not access, doctor, change or improve your images during the production process. It is therefore imperative that you make sure that the images you upload are the images that you want to use and are of a high quality. We recommend that each image you upload is 1600 pixels wide x 1200 pixels in height. We recommend an absolute minimum file size of 800 pixels width x 699 pixels height but all image sizes are at your discretion. You have the opportunity to preview your images/personalised product before placing an order. We have provided tips and guidelines with suggested minimum requirements for the successful publication of your images - please check these, and the FAQ section before uploading any photographs. Nellie does not accept any responsibility for the inclusion of poor quality, low resolution or sub standard photography in any of its products.

 

NellieStore provides a facility that enables you to upload and publish your own images for your personal use and enjoyment. We do not support, approve of or allow the reproduction of images for sale or mass publication. We do not accept any responsibility for any images you publish which infringe existing copyright or that require a signed model release form. It is your responsibility to vet and manage the images that you upload to ensure that they do not contravene any existing rights or legislation.

 

Nellie does not provide an editorial service. You are responsible for any content that you add to our products. It is your responsibility to ensure that you do not add any comments or information that is defamatory, libellous, unfair or cruel. The company will not be liable for any damages caused by content published using our web site.

 

PRODUCT QUALITY

If you receive a product from Nellie that you feel is substandard please tell us. It is important to reiterate that Nellie does not accept responsibility for the quality of any of the images featured in your personalised product(s)., or for the accuracy of any of the content. Unfortunately if the quality of your images is the source of your complaint, you will not be eligible for any reimbursement.

 

Nellie does not accept responsibility for any damage, breakages or losses that occur in transit. We take every care to pack our products robustly. If you feel our packaging could be improved please tell us.

 

If you have a different quality related complaint, please return your calendar to the address below and include a letter describing the reason for your dissatisfaction.

 

DELIVERY

We aim to despatch your product within 5-7 working days from receiving notification of your order. Due to the fluctuating number of orders received at different times we cannot guarantee that we will be able to distribute your order within this timeframe, but we will make every effort to meet this target.

 

Unless you specify that you want to receive an express recorded delivery your product wil be sent using Royal Mail's standard first class postage service at no charge to yourself. This is not a guaranteed service and we accept no responsibility for any items that are distributed using Royal Mail that fail to reach the customer. You have the opportunity to select a recorded service when you place your order.

 

PRIVACY

Your privacy is important. We will not share your details with any third party organisations. However we may contact you from time to time with news of additional products and offers. Our marketing practices conform with the EU's Directive 95/46/EC.