Terms and Conditions
IMPORTANT NOTE: As well as reading the following Terms and Conditions, you should also refer to the terms and conditions of each third party retailer you choose to purchase from before making any order.
1. ABOUT US
Our services are operated by Jook LTD, trading as ‘Jook’ (referred to in these Terms as “Company”, “we”, “us”, “our”, and “Jook”). We are a company incorporated in England and Wales, with company number 09946933 and with a registered office at.
2. ABOUT OUR TERMS AND CONDITIONS
- Content means any linked pages or blogs, features, information, text, graphics, photos, images, video, audio or other multimedia content, lists of items compiled by you, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Services, or applications offered from time to time by Jook in connection therewith
- Services means Jook’s websites, mobile applications and other platforms Jook owns or controls and makes available to you
- Jook Partner means any third party retailer selling their products through Jook
- Jook Influencers is a free service operated by JOOK LTD, who allows you to earn money by tagging products of Jook partners in the content (including without limitation, text or images) of your blogs, websites, applications, and social media accounts (“Your Linked Content”). All product links are “Jook enabled.” Jook keeps track of the clicks that go to retailers and calculates a revenue share based on the volume and quality of the traffic
- You, Yours means the person or entity accessing or using the Services or Content
- Your access to and use of the Services is conditional upon your acceptance of and compliance with the Terms. By accessing or using the Services you agree to be bound by the Terms.
- If you do not agree with or accept any of the Terms, you should stop using the Services immediately.
3. USING THE SERVICES
- You are solely responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. You may access and use the Services only for your own personal use.
- 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 through Jook if you are legally capable of forming a binding contract with Jook (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 the 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.
- The Services that Jook provides are always evolving and the form and nature of the Services that Jook provides may change from time to time without prior notice to you. In addition, Jook 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. Jook 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 Jook on the Services are subject to change. In consideration for Jook granting you access to and use of the Services, you agree that Jook 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.
- If Jook allows for the posting of content to the Services, the Content you submit, post, or display on the Services will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under the Terms.
4. CONTENT SUBMITTED BY US
Whenever you make use of a feature that allows you to upload any type of content or material to the Services, or to make contact with other users of the Services, you must comply with rules set out in these terms and conditions. You promise that any content or material which you upload complies with these terms and conditions and you promise to compensate us if we suffer any loss as result of you not complying with these terms and conditions. Any content or material you upload to the Services will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose it to third parties for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content or material uploaded by you infringes that person’s rights (such as intellectual property rights or their right to privacy). We are under no obligation to oversee, monitor or moderate the Services, and we will not be responsible, or liable for the content or accuracy of any content or materials uploaded by you or any other user of the Services. Notwithstanding this, we have the right to remove any content or material you or any other user uploads if, in our opinion, it does not comply with these terms and conditions or is unlawful or inappropriate in any way as determined by us in our sole discretion. Any/all content or material uploaded by you must:
- Be accurate (where it state facts).
- Be genuinely held (where it states an opinion).
- Comply with all applicable laws.
- Any/all content or material uploaded by you must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material or violence.
- Promote discrimination in any way.
- Infringe any rights (such as intellectual property rights) of any person.
- Be likely to deceive any person.
- Breach any duty owed to a third party (such as a contractual duty or a duty of confidence).
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Give the impression that it emanates from us (if this is not the case).
- Advocate, promote or assist any unlawful act.
5. ACCESSING THE SERVICES
- In order to access the full functionality of the Services (for example in order to access your ‘Wishlist’), you may be required to log-in by providing your email address or your log-in details for a third party social media service (such as Facebook or Instagram).
- 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.
6. PURCHASING FASHION & BEAUTY ITEMS THROUGH JOOK
- Jook does not sell fashion & beauty items; Jook provides a platform through which its users can purchase items from a large range of Jook Partners.
- When you purchase items through Jook, you are purchasing those items directly from the relevant Jook Partner and the terms and conditions of the Jook Partner (including regarding fulfilment procedures, returns policies and complaints) will apply to the relevant purchase. We strongly recommend that prior to making any purchase through Jook, you review the terms and conditions of sale of the relevant Jook Partner which will be available on their website.
- Please note that Jook is not responsible for any issues related to the products (and related services) you purchase from Jook Partners. Responsibility for those products (including quality and fulfilment of your order) rests solely with the relevant Jook Partner. Please contact the relevant Jook Partner directly if you have any issues or complaints with any products purchased from them.
Once you have chosen items you wish to purchase through Jook, you will be directed to the website of the relevant Jook Partner to complete your purchase. The Jook Partner will ask you to provide personal details (such as your name, address and payment card details) needed for the purposes of completing the purchase and delivering your items. Jook is not responsible for the security of personal details you disclose to a Jook Partner and that information will be stored and processed in accordance with the relevant Jook Partner’s terms and conditions.
8. YOUR RIGHTS
- Jook gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to the Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Jook, in the manner permitted by the Terms.
- The rights in the Services are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software in the Services.
9. OUR RIGHTS
- All right (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and the Content (excluding Content provided by users of the Services) 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 Jook and its licensors. The Services are protected by copyright, trademark, and other laws and treaties around the world. All such rights in the Services, Content (excluding Content, if any, provided by users of the Services) and related material are reserved.
- JOOK is a registered trademark of JOOK LTD. Both the trademark and the Jook 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 Jook name or any of the Jook trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Jook, or the Services is entirely voluntary and Jook 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.
10. RESTRICTIONS ON USE
You shall not use the Services (and ‘use’ of the Services includes the submission of any Content:
- 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, trademark 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 intentionally or unintentionally harasses, annoys, threatens or intimidates any other user;
- 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 post photographs or images of another person without his/her permission (and if a minor, the permission of the minor’s legal guardian);
- 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, Jook’s computer systems, servers or equipment or the technical delivery systems of Jook’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 programs 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;
- to copy, modify, or distribute any other users’ Content without their consent;
- 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.
Jook reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Jook also reserves the right to access, read, preserve, or disclose any information as it reasonably believes is necessary to:
- satisfy any applicable law, regulation, legal process or governmental request;
- enforce the Terms, including investigation of potential violations hereof;
- detect, prevent, or otherwise address fraud, security or technical issues,
- respond to user support requests, or;
- protect the rights, property or safety of Jook, its users and the public.
Except as permitted through the Services (or these Terms), you have to use the Jook API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services. 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 unauthorised use of your account.
11. JOOK INFLUENCERS
Acceptance into the Jook Influencers program is determined at the Company’s sole discretion. The Company may refuse participation to anyone at any time in its sole discretion. By enrolling in the Jook Influencers Services, you represent and warrant that you are at least 18 years of age and that you will not have anyone else register a Jook Influencer account on your behalf. YOU MAY ONLY USE THE JOOK INFLUENCER SERVICE IF YOU ARE LOCATED IN THE FIFTY (50) UNITED STATES, THE EUROPEAN UNION, CANADA, OR AUSTRALIA. ACCESS TO AND/OR USE OF JOOK INFLUENCERS SERVICES IS PROHIBITED IN ANY UNAUTHORIZED COUNTRY AND VOID WHERE PROHIBITED BY LAW.
- Qualified Clicks
A “Qualified Click” occurs when an end user clicks on an Authorized Link properly embedded in Your Linked Content on your Jook Influencer account and such user is directed to a webpage that may be hosted by Jook or Jook Partner with the Authorized Link (excluding clicks in violation of these Terms). A click does have to lead to a purchase in order to be considered a Qualified Click. You shall not promote or facilitate a Qualified Click by any means other than displaying an Authorized Link in Your Linked Content on your Jook Influencer account. You agree to comply with technical and other requirements provided by the Company (e.g., to enable proper display of Authorized Links, and tracking and reporting Qualified Clicks). You acknowledge and agree that Authorized Links are subject to review and approval by the Company in its discretion at any time and shall comply with the placement and use guidelines that may be provided by the Company from time to time. If the Company issues placement and use guidelines, it will do so by posting a notice at: http://www.jookthelook.com or notifying you via email or postal mail. All such guidelines are incorporated into these Terms. In the event the Company requests that you remove an Authorized Link from Your Linked Content or a Jook account, you must comply with the Company’s request within twenty-four (24) hours of receiving notice from the Company. Failure to comply with such Company request may result in suspension and/or termination of your account.
- Not eligible for payment
You are not entitled to any payment for any clicks generated prior to the creation and approval of your Jook Influencer account, or for any payment based on: (A) any amounts which result from clicks generated by any person, bot, automated program or similar device, as reasonably determined by the Company, including without limitation through any clicks (x) originating from your IP addresses or computers under your control, (y) solicited by payment of money, false representation, or request for end users to click on Authorized Links, or (B) clicks co-mingled with a significant number of invalid clicks described in (A) above, or as a result of your breach of these Terms, or (C) clicks on Your Linked Content which the Company uses or syndicates through the Syndication Service (defined below), including Your Looks Images that the Company uses on its websites, applications, social media sites, or email newsletters. The Company reserves the right to withhold payment, offset payment, or charge back your account for amounts (i) due to any of the foregoing; (ii) due to your breach of these Terms; (iii) in the event that a merchant whose Authorized Link is displayed in connection with your Jook Influencer defaults on payment for such Authorized Links to the Company; (iv) for a reasonable time to ensure that the correct amount is paid; and/or (v) if the Company determines that such payment to you in a jurisdiction is illegal under the laws of that jurisdiction.
- Payment, pricing and taxes
After acceptance by the Company and upon participation in the Jook Influencer Services, you will receive payments based on the number of Qualified Clicks generated from your Jook Influencer account, this amount to be determined solely by the Company at its sole discretion. Any payments owed to you shall be available to be withdrawn by the Company up to ninety (90) days after the transaction of Qualified Clicks occurred; however, the Company is not responsible for making payments for any earned balance less than US$100, CA$100, £100 GBP, €100 EUROS, or AUD$100 (whichever currency is applicable to your country of residence). Payment will be made by the Company’s choice of either check, PayPal or other electronic payment method. If requested by the Company, you are responsible for providing the Company with accurate information needed to facilitate payment to you. The Company may change its pricing and/or payment structure at any time. Payment shall be calculated solely based on records maintained by Company. You agree that you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, for any bank fees related to returned or cancelled checks due to erroneous contact or payment information. If you dispute any payment made, you must notify the Company within thirty (30) days of any such payment by emailing a detailed description of your dispute to email@example.com. You agree that failure to do so shall result in your waiver of any claim relating to such disputed payment. YOU EXPRESSLY AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR PAYING ANY AND ALL APPLICABLE TAXES OR CHARGES IMPOSED BY ANY GOVERNMENT ENTITY IN CONNECTION WITH YOUR PARTICIPATION IN THE JOOK INFLUENCER SERVICES, INCLUDING WITHOUT LIMITATION ANY INCOME TAX RELATED TO YOUR EARNINGS IN THE SHOPSTYLE COLLECTIVE PROGRAM. PROVIDED, HOWEVER, THE COMPANY MAY DEDUCT APPLICABLE TAX FROM ANY PAYMENTS OWED TO YOU TO THE EXTENT REQUIRED BY LAW OR A GOVERNMENT ENTITY
- Linking to our website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Jook’s website(s) must not be framed on any other site, nor may you create a link to any part of any of our website other than the home page. We reserve the right to withdraw linking permission without notice.
13. ACCURACY AND AVAILABILITY OF SERVICES
- 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, Jook 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.
- Jook 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. Jook 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 Jook 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. Jook 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 Jook 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; please read it carefully.
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), Jook and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will 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, income, business opportunity, anticipated savings, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or in any way connected to:
- your access to or use of the Services;
- your delay in using, or inability to access or use the Services;
- the fulfilment of your orders from our Jook Partners once you have placed an order through Jook, including but not limited to the delivery, exchange, return or refund of items you have purchased from Jook Partners;
- 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;
- use of any content, information, products or services obtained through the Services; or
- unauthorised access, use or alteration of your transmissions or content irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
- 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.
- 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.
This section of the Terms is important; please read it carefully.
- You are responsible, and assume liability, for all Content that you add, or link to, the Services. You agree not to hold us responsible for things other users say or do through the Services. If you have a dispute with another user, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
- You agree to 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 any applicable laws or regulations.