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Illumicrate Terms of Service and Terms of Sale

Illumicrate Ltd, together with its subsidiaries and affiliates “Illumicrate,” “we,” “us,” “our”), owns and operates the Illumicrate Services. The Illumicrate Services (the “Services”) shall include, without limitation, use of the Illumicrate website, the Illumicrate service (“Illumicrate”), purchase of a Illumicrate and/or Box Subscription (defined below), including the goods and/or services included therein and any additional goods or services Illumicrate Ltd performs for you via the Illumicrate Services.

GENERAL

Eligibility. To use the “Site” http://www.illumicrate.com you must be, and represent and warrant that you are, of legal age (18 years of age or older, or, if you have parental consent, 13 years of age) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.


License to Use the Site. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the Services for your personal, non-commercial use, and as we otherwise intend. Illumicrate Ltd reserves the right to monitor the Service for the purpose of determining that your usage complies with these Terms.


Prohibited Conduct. You may not use the Site or Services other than as expressly permitted by section “License to Use the Site” above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Site; (b) use the Service or Site commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Service, Site, or underlying any technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Service or Site; (g) collect information about users of the Service, the Site, or the Service; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service or Site.


YOUR ACCEPTANCE OF TERMS AND PRIVACY POLICY


By accessing or using any part of the Services, including without limitation, purchasing a Box (defined below) or purchasing an item through Illumicrate, you agree to be bound by these Illumicrate Terms of Service and Terms of Sale (the “Illumicrate Terms”), the Illumicrate Ltd Terms of Service located at http://www.litjoycrate.com/terms_and_conditions (the “Illumicrate Ltd Terms”), and Illumicrate Ltd’s privacy policy located at http://www.illumicrate.com/privacy.html (“Privacy Policy”) which are incorporated herein by reference (together, the “Agreement”). Your use of the Service is expressly conditioned upon your assent to all of the terms and conditions of this Agreement to the exclusion of all other terms. If you do not agree to any of these terms and conditions, then please do not use our Services or purchase any Box Subscription.


TERMS AND SERVICES MAY BE MODIFIED AT ANY TIME Illumicrate Ltd reserves the right, in its sole discretion, to modify these Illumicrate Terms at any time by posting a notice on the Illumicrate Ltd website at https://illumicrate.com, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Continued use of the Services by you following such notice constitutes your acceptance of these Illumicrate as modified.



ADVERTISEMENT Illumicrate Ltd may change, suspend or discontinue the Services at any time. Illumicrate Ltd may also impose limits on certain features and Services or restrict your access to parts or all of the Services.


REGISTRATION FOR CERTAIN SERVICES You will be required to register with your email address (“Illumicrate User ID”) and select a password to use certain Services. You may not use a name or email of another person with the intent to impersonate that person. You shall provide Illumicrate Ltd with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. Illumicrate Ltd reserves the right to refuse registration of, or cancel a user account in its discretion. If you begin to register for Services or purchase a Box Subscription by providing your information on the Illumicrate website but do not complete your registration or purchase, we may retain your name and email address and send you an email to remind you complete your registration or purchase, or to provide you with additional offers or details related to the Services. You can opt-out of receiving these emails by clicking the “unsubscribe” link in the email or by contacting us at support@illumicrate.com.


BOX SUBSCRIPTION PRICING AND FREQUENCY MAY CHANGE

Illumicrate Ltd reserves the right to change the prices and frequency of available Box Subscriptions at any time, upon notice to you, provided that any Box Subscription you have already paid for as of the date of such notice will not be affected by such change.


USE OF PROMOTIONAL CODES

Illumicrate Ltd may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Any promotional code may only be used in accordance with the terms provided with that promotional code or on the Illumicrate website. Lost promotional codes cannot be replaced. Promotional codes will not be applied to subsequent automatically renewed transactions. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Illumicrate Ltd at any time in its sole discretion. Promotional codes may not be used in connection with Illumicrate.


NO RETURNS OR SUBSTITUTIONS

The creative team at Illumicrate Ltd curate all products offered through the Services, including the contents of each Box and the products selected for Illumicrate. We do not allow returns or substitutions of anything in your Box or any product purchased through Illumicrate except as provided under our Damaged or Incomplete Items section below. Should Illumicrate Ltd decide to honor a return or exchange as determined in its sole discretion, we will either send you a replacement item or issue a refund for the damage item. All refunds are issued in the original form of payment for all purchases. A third party carrier ships all products; as a result, title and risk of loss for any purchase will pass to you upon our delivery to the carrier.


YOU MUST PROVIDE ACCURATE INFORMATION

Illumicrate Ltd will charge all fees for the Services to the credit card that you provide to us. For Box Subscriptions, any updates to your account (i.e. shipping and billing information) must be made prior to the fifteenth (15th) day of the calendar month for the updated details to apply to the subsequent month. If the credit card information you have provided is incorrect or incomplete, or Illumicrate Ltd is unable to complete a transaction due to your error or omission, we will attempt to contact you and inform you of the problem. Failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your order or a particular delivery. If you believe you have purchased a Box Subscription or Illumicrate product in error, please contact us immediately at support@illumicrate.com.


SHIPPING AND BILLING INFORMATION


All purchases made through the Services will be shipped and billed to your default shipping address and default payment method identified under “Account Settings” under your account.


PRICING AND SALES TAX

Prices displayed on the Services are quoted in U.K. currency and are valid only in the United Kingdom. Value added tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect value added tax for all locations, only those where we are required to do so, or become required to do so by law in the future.


DAMAGED OR INCOMPLETE CONTENTS

If you receive damaged or incomplete products, please contact us at support@illumicrate.com within three (3) weeks following shipment of the item. You will need to include photographic evidence documenting the damaged product in order to receive a replacement product.


DISCLAIMER OF WARRANTIES

Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While Illumicrate Ltd makes reasonable efforts to ensure that the information provided to you is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Illumicrate website, an email, and/or contained in your Box. Illumicrate Ltd makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk. Moreover, Illumicrate Ltd disclaims any responsibility in connection with your use of the products provided through the Services, and any and all such use shall be at your own risk. The foregoing limitations may not apply to you if you are a resident of New Jersey or another state which does not allow such limitations.


RELEASE OF CLAIMS

You hereby release Illumicrate Ltd, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) your use of the Services, or (ii) any disputes with any third party and our Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”


LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL ILLUMICRATE LTD OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND ILLUMICRATE LTD’S REASONABLE CONTROL.


WAIVER AND SEVERABILITY

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Illumicrate Ltd shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Illumicrate Ltd ‘s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.


GOVERNING LAW AND CHOICE OF FORUM

This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom without regard to the conflict of laws provisions thereof. Subject to the arbitration provision and for all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United Kingdom.


NO AGENCY; NO ASSIGNMENT

This Agreement is not assignable, transferable or sublicensable by you except with Illumicrate Ltd‘s prior written consent. Illumicrate Ltd may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Illumicrate Ltd in any respect whatsoever.


SURVIVAL OF TERMS

All provisions of the Agreement, which by their nature are intended to survive performance hereof by you or Illumicrate Ltd, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.


CONTACT US WITH QUESTIONS

Should you have any questions regarding these Illumicrate Terms you may contact us at Illumicrate, Mercury House, 19-21 Chapel Street, Marlow, Buckinghamshire, SL7 3HN or by email at support@illumicrate.com.