Welcome to Sameway. Sameway is brought to you by SAMEWAY CO. LTD (referred to in these Terms as “we”, “us”, “our”, and “Sameway”). We are a company incorporated in England and Wales, with company number 10928133.
You are solely responsible for your use of the Service, for any content you post to the Service, and for any consequences thereof. The Content you submit, post, or display on the Service (including product reviews”) will be able to be viewed by other users of the Service and through third party services and websites. You can go to your account “Settings” page to disable your account, in which case no one will be able to view your Content and you will be logged out. You should only provide Content that you are comfortable sharing with others under these Terms.
The Service is not intended for children under 13 years of age, and you may not use the Service or create a user profile, if applicable, if you are under 13. You hereby represent and warrant that you are at least 13 years of age.
The Service that Sameway provides is always evolving and the form and nature of the Service that Sameway provides may change from time to time without prior notice to you. In addition, Sameway may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. Sameway 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 Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Sameway on the Service are subject to change. In consideration for Sameway granting you access to and use of the Service, you agree that Sameway and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
You agree to register with Sameway and access and use your account solely for personal use. You may not authorise others to use your account.
You are solely responsible for keeping your registration and other personal details (including your username and password) for your account confidential.
You shall promptly notify Sameway of any actual or suspected unauthorised third party access to your account. You shall co-operate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorised receipt, access or use of your account by any third party.
You warrant that all registration information and personal details provided to Sameway is true and accurate.
Buying Products Through Sameway
Sameway is an online intermediary which partners with some of the world’s best known brands and retailers to give you the best prices and widest variety of board sports clothing and equipment, in one place.
When you select a particular product that you wish to buy, you will be taken directly to the third party Sameway merchant (the “Sameway Partner”) website to complete the transaction. If you are making a payment on one of our Sameway Partner websites, payment can be made by any card accepted by the Sameway Partner 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 Sameway Partner.
Accessing The Service
Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service without notice. We will not be liable if for any reason the Service are unavailable at any time or for any period. We reserve the right to modify, restrict access or terminate access to the Service 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.
Content On Sameway
All Content you post on the Service (such as product reviews) is the sole responsibility of the person who originated such Content.
Although Sameway does not routinely screen or monitor content posted by users of the Service, Sameway reserves the right to do so and to remove content which violates these Terms (or applicable law) of which Sameway becomes aware, but Sameway is under no obligation to do so. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. If we are notified by a third party that the Content you submit or post is in violation of these Terms or any applicable law, either in letter or in spirit of these Terms, we reserve the right to remove such Content from the Service without notice to you.
Sameway does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed by users of the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Sameway be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
Following termination or deactivation of your account, or if you remove any Content from the Service, we may retain your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, we and other users of the Service may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Service.
We allow you to follow other Sameway users and items they have compiled on the Service. By using the Service, you agree to allow other users of the Service to follow you.
You retain your rights, including copyright and other intellectual property rights, to any Content you submit, post or display on or through the Service. By submitting, posting or displaying Content on or through the Service from time to time, you grant Sameway a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works from, and distribute such Content in any and all media or distribution methods (whether now known or later developed).
You agree that this licence includes the right for Sameway to make such Content available to other companies, organisations or individuals who partner with Sameway for the syndication, broadcast, distribution or publication of such Content on other media and services.
You agree that no compensation will be payable to you in respect of any of the foregoing uses by Sameway, or other companies, organisations or individuals who partner with Sameway with respect to the Content that you submit, post, transmit or otherwise make available through the Service. You waive all moral rights (or similar or equivalent rights in other jurisdictions) you have in such Content to the fullest extent permitted by law.
Sameway may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and Sameway’s third party partners. You understand that your Content may be used, reproduced or displayed by Sameway’s Partners and if you do not have the right to submit Content for such use, it may subject you to liability. Sameway will not be responsible or liable for any use of your Content by Sameway in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Sameway gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the Service (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 these Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Sameway, in the manner permitted by these Terms.
The rights in the Service 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 Service.
All right (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Service and the Content (excluding Content provided by users of the Service) 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 Service, and the underlying code and software in the Service are and will remain the exclusive property of Sameway and its licensors. The Service is protected by copyright and other laws and treaties around the world. All such rights in the Service, Content (excluding Content provided by users of the Service) and related material are reserved.
Nothing in the Terms gives you a right to use the Sameway name or any of the Sameway logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Sameway, or the Service is entirely voluntary and Sameway 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 Service or Content in breach of these Terms, your right to use the Service 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 Website
You shall not use the Service:
- 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 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 Service, Sameway’s computer systems, servers or equipment or the technical delivery systems of Sameway’s providers;
- to access or attempt to access any data of other users of the Service or to penetrate any of the security measures relating to the Service, 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 Service, 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 Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service;
- 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 Service;
- to solicit or provide unlawful services;
- to harvest or otherwise collect information about others without their consent;
- to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service;
- 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 Service to send altered, deceptive or false source-identifying information;
- to scrape, crawl or spider or otherwise use the Service 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.
Sameway reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. Sameway 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 Sameway, 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.
Retail Partner Promotion Terms
From time to time, Sameway may permit customers using the Site to take part in competitions and promotions offered by our retailer partners (“Retailer Promotions”). Retailer Promotions will be subject to any specific terms and conditions set by the Retailer Partner and usually available on the Retailer Partner’s website. You should ensure that you read the specific promotion terms and conditions on the Retailer Partner’s website. From time to time, Sameway may identify that a Retailer Promotion is ‘ending soon’ or is a ‘limited time offer’. This means that the end date for the applicable Retailer Promotion falls within the next six days. Sameway receives such end date information from our Retailer Partners and takes reasonable steps to ensure that this information is accurate and up to date. Notwithstanding the foregoing, you should ensure that you read the applicable Retailer Promotion terms and conditions on the relevant Retailer Partner’s website for full details and to confirm the end date.
We will provide a promotional code to be entered at the Retailer Partner’s checkout. You must ensure that the promotional code is correctly inputted at checkout to apply any discount to your order.
The Service Is Available “as is”
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis.
Without limiting the foregoing, SAMEWAY 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.
Sameway 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 Service or any content thereon. Sameway 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 Service, or any Content. You also agree that Sameway 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 Service. Sameway makes no warranty that the Service 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 Sameway or through the Service, will create any warranty not expressly made herein.
We do not provide any warranty or representation that the Service are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Service 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 Service. 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 Service 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 Service 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, SAMEWAY 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 PUNITIVE DAMAGES,
ARISING FROM OR IN ANY WAY CONNECTED TO:
- (i) YOUR ACCESS TO OR USE OF THE SERVICE;
- (ii) YOUR DELAY IN USING, OR INABILITY TO ACCESS OR USE THE SERVICE;
- (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
- (iv) USE OF ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICE; OR
- (v) 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.
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 are responsible, and assume liability, for all Content that you add, or link to, the Service. You agree not to hold us responsible for things other users say or do through the Service. 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 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 SERVICE, 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 Service, or to the Service 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 Service;
- (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 Service shall immediately come to an end.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law And Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Sameway. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Sameway.
Effective Date: 17th August 2017