
erms
and Conditions
The following information is provided by THE BRAND CONNOISSEURS PTY LTD the parent company and its subsidiary MILLA LIMITED to enable our online visitors to be fully informed of our Privacy policies. By visiting www.nickandmilly.co.uk, you are accepting and consenting to the practices described in this Privacy Policy and the Terms and Conditions.
1. In General
Access to and use of this Web site and the products and search services
available through this Web site (collectively, the "Services")
are subject to the following terms, conditions and notices (the "Terms
of Service"). By using the Services, you are agreeing to all of these
terms, conditions and notices, without modification. Furthermore, you
acknowledge that the Terms of Service may be updated by us from time to
time. This Web site also contains links to other Web sites, Web pages
and services, which are not operated by MILLA LIMITED (the "Linked
Sites"). Your use of such Linked Sites will be subject to the terms
of service contained within each such site and the respective terms of
service will control the use of the respective site. In any event your
link through to such a site will be subject to their Terms of Service.
You recognise that MILLA LIMITED has no control over such Linked Sites
and information, and you accept that MILLA LIMITED provides no guarantee
as to the accuracy or reliability of such sites or the information contained
in them and you agree that we shall have no responsibility as to whether
such links locate unintended or objectionable content or otherwise cause
you distress, loss or damage. 2. Privacy policy
Under MILLA LIMITED privacy policy we may disclose to third parties certain
information contained in our users' registration applications, but we
will not disclose your name, address, email address or telephone number
unless we have informed you, been authorised by you, or are required to
do so by law, subject to the Data Protection Act 1998. Our privacy policy
may be found at Privacy Policy. 3. Prohibitions
You will not: commit or encourage a criminal offence; send or receive
any material which is in any way offensive or obscene, or in breach of
confidence, copyright, privacy or any other rights; act contrary to the
acceptable use policies of any Linked Sites or community standards generally;
transmit or distribute a virus; hack into any aspect of the Service; corrupt
data; cause annoyance to other Users; infringe upon the rights of any
other person's trade marks or other proprietary rights; send any unsolicited
advertising or other promotional material, commonly referred to as "spam";
or attempt to affect the performance or functionality of any computer
facilities of or accessed through the MILLA LIMITED Web site. 4. Intellectual Property, Software and Content
The intellectual property rights in all software made available and content
supplied to you remains the property of MILLA LIMITED, its licensors,
advertisers or content suppliers. You will comply with the terms of any
agreement required by the owner of intellectual property rights in all
software and content supplied to you as notified to you and you hereby
acknowledge that all software that is not made readily available to you
is confidential, and that all other rights including but not limited to
database rights and copyright are asserted and reserved by MILLA LIMITED,
its licensors, advertisers or content suppliers. You may store, manipulate,
analyse, reformat, print and display the content supplied solely for your
own personal use. In no event are you permitted to publish, distribute
or otherwise reproduce in any format any of the content or copies of the
content supplied to you or which appears on the www.nickandmilly.co.uk
site and you are prohibited from using any such content in connection
with any business or commercial enterprise including, without limitation,
any media business or enterprise. You shall not modify, translate, reverse
engineer, decompile, disassemble (except to the extent that applicable
laws expressly or impliedly prohibit such restriction) or create derivative
works based on any software or any documentation accompanying such software
supplied by MILLA LIMITED, its licensors, advertisers or content suppliers
and NICK & MILLY London are trade marks belonging to THREE ENTERPRISES
PTY LTD Limited. No license or consent is granted to you to use these
marks in any way, and MILLA LIMITED reserves all rights in these and any
related marks. You agree not to use these marks or any marks which are
of similar colour without the written permission of MILLA LIMITED. 5. Products and Services
By making a request/order /service you are offering to purchase a product/service
which we will accept to sell to you on the following Terms and Conditions.
All requests are subject to confirmation of the order by us. MILLA LIMITED
are absolutely entitled to refuse any request made by you. If your order
is accepted we will inform you by emailing you or else by calling you.
When making a request you undertake that all details you provide to us
requesting goods or services are true and accurate, that you are an authorised
user of the credit or debit card used to make your request or bid and
that there are sufficient funds to cover the cost of the goods, services
or bid. It is your responsibility to inform us of any changes to these
details as soon as possible. The cost of foreign products and services
may fluctuate. All prices advertised are subject to such changes. 6. Refund/Returns Policy
We cannot exchange or refund for change of mind purchases due to hygiene
reasons. If you wish to return an item because it is faulty, or for any
other reason you must contact us ASAP at sales@nickandmilly.co.uk, and
a member of our team will contact you within 24 hours. You have 7 days
from receiving the goods (once items have been signed for on delivery)
to request a refund. For further information see the Refunds section of
FAQ's. This provision does not affect your statutory rights relating to
faulty or misdescribed goods or your right to cancel orders under the
Consumer Protection (Distance Selling) Regulations. Further details available
from Office of fair trading - http://www.oft.gov.uk/7. Disclaimer of liability
Unless expressly stated to the contrary to the fullest extent permitted
by law MILLA LIMITED, its content providers, advertisers or linked sites
shall not be liable for any damages whatsoever, including but without
limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to goodwill or reputation, or the cost of procurement
of substitute goods and services, arising out of or related to the use,
inability to use, performance or failures of this web site or the linked
sites, even if MILLA LIMITED. had been advised of the possibility of such
damages and irrespective of whether such damages arise in contract, tort,
equity, restitution, by statute, at common law or otherwise. You have
read this disclaimer and agree to it on the basis that you agree it is
reasonable. 8. Disclaimer as to ownership of trade marks, images of personalities and
third party copyright
Except where expressly stated to the contrary all persons including their
names and images, third party trade marks and images of third party products,
services and locations featuring on the MILLA LIMITED web site are in
no way connected, associated, linked or affiliated to MILLA LIMITED or
NICK & MILLY London . furthermore, unless it is expressly stated on
the www.nickandmilly.co.uk web site that a certain product, service or
location is connected, associated, linked or affiliated to the makers,
right owners or broadcasters (the "makers") of a film or programme
you should not make such an assumption, or rely in any way on the existence
of such a connection, association or affiliation, by implication or otherwise.
Any trade marks/names as may be featured on the www.nickandmilly.co.uk
web site are owned by the respective trade mark owners and MILLA LIMITED
claims no connection, association or affiliation with them. Where a trade
mark (brand name) is referred to it is used to describe or identify the
products, services or locations (the "goods") or else it is
used to identify the film or programme where such goods appeared, but
that is in no way an assertion or claim that such goods are endorsed by
or connected, associated, linked or affiliated to the makers of the relevant
film or programme. 9. Indemnity
You agree to indemnify, defend and hold harmless MILLA LIMITED, its directors,
officers, employees, consultants, agents, and affiliates, from any and
all third party claims, liability, damages and/or costs (including, but
not limited to, legal fees) arising from, without limitation, your use
of the www.nickandmilly.co.uk services, your breach of the Terms of Service,
your infringement of any intellectual property right or any other right
of any person or entity, or your breach of any duty of confidence or privacy,
or any defamatory statements made by you in any form. 10. Variation of content
MILLA LIMITED shall have the right in its absolute discretion at any time
and without notice to amend, remove or vary any of the content supplied
in connection with the Service or which appears on any page of the www.nickandmilly.co.uk
Web site. 11. Submissions
All information and material submitted by you to MILLA LIMITED or that
you publish on any public area of the www.nickandmilly.co.uk Web site
shall be provided by the submitter and accepted by MILLA LIMITED on a
non-confidential basis subject to paragraph 2 above. Furthermore, MILLA
LIMITED shall be granted a perpetual royalty-free non-exclusive license
in the copyright of any material submitted and MILLA LIMITED shall be
free to use, edit, copy, republish and distribute (for any purpose) and
authorise others to do the same, any such information or material and
any ideas contained in such information or material. 12. Termination
MILLA LIMITED may at any time terminate or suspend any part of the Service
without notice to you. 13. Invalidity
If any part of the Terms of Service is unenforceable (including any provision
in which we exclude our liability to you) the enforceability of any other
part of the Terms of Service will not be affected all other clauses remaining
in full force and effect. So far as possible where any clause/sub-clause
or part of a clause/sub-clause can be severed to render the remaining
part valid, the clause shall be interpreted accordingly. Alternatively,
you agree that the clause shall be rectified and interpreted in such a
way that closely resembles the original meaning of the clause /sub-clause
as is permitted by law. 14. Governing law and jurisdiction
Upon entering the www.nickandmilly.co.uk site you are bound by these terms
and conditions. These terms and conditions are to be construed in accordance
with the laws of Australia and the UK and irrespective of your place of
domicile, in the event of any dispute associated with these terms and
conditions, that dispute shall be subject to the exclusive jurisdiction
of Australian and UK Law. Any dispute in any way referable to the content
of this site whether in respect of its trade marks, copyright or image
content shall be resolved exclusively by arbitration the terms of which
are to be agreed between MILLA LIMITED and yourself and provide no right
or recourse to any relief of the English Courts whether interim or otherwise
and that by accessing this site you waive your right for all time to any
such right. 15. Entire agreement
The above Terms of Service constitute the entire agreement of the parties
and supersede any and all preceding and contemporaneous agreements between
you and MILLA LIMITED. Any waiver of any provision of the Terms of Service
will be effective only if in writing and signed by a Director of MILLA LIMITED
