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MAKING YOUR SMARTPHONE CASE PERSONAL

Terms and Conditions of Use

Please read this carefully. By accessing the Its My Case website ("the website", www.itsmycase.com or itsmycase.i-trak.com) you are agreeing to the terms that appear below, whether or not you register as a user. If you do not agree to these Terms and Conditions please do not use the site.

All use of the Its My Case service is subject to these Terms and Conditions. In registering to the service you agree to adhere to these Terms and Conditions.

As you read the agreement, remember that the words "you" and "your" mean the user of the website. The words "we", "our", "us" and "the Company" refer to ilutra systems limited.

Introduction

These Terms and Conditions of Use are intended for all individuals ["Users"] who access and/or enter into any part of the Company's web site ["Site"], and/or subscribe to the service.

The Company reserves the right to amend and/or add, delete all provisions mentioned below and other information within these Terms and Conditions of Use, from time to time without notice.

The Site is operated by ilutra systems limited, a company registered in the UK, number 03933888.

Intellectual Property

i-TRAK is a trademark of ilutra systems limited. You may not use it without our written permission.

All content and materials available on this site are our intellectual property. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, or create, derivative works from such materials or content. You may receive and display the content from the website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal, non-commercial use.

Registration

On registration, you should provide us with accurate and complete registration information and it is your responsibility to inform us of any changes to that information (in particular your email address). Changes to your details should be made directly to your personal details page maintained on our secure server. On registration you will choose a username and password (collectively "your account ID"). You are responsible for all access to the site made using your account ID. You are also responsible for preventing unauthorized use of your account ID.

If you believe that there has been any breach of security such as the disclosure, theft or unauthorized use of your account ID you must notify us immediately by email to admin@itsmycase.com.

Images

You may upload digital JPEG format images to our website for the purposes of designing a case(s). Images uploaded by you will be available for viewing in your account through the designer tool.

By uploading images, sharing albums or photo creations and ordering products utilising your images, you warrant that you have obtained all the necessary third party consents and licenses to permit you to do so. You also warranty that the upload and usage of any content does not infringe the trademark, copyright or intellectual property rights of any third party.

You may delete images through your online account. We reserve the right to maintain copies of images you have uploaded to fulfill orders you have placed or to provide other services to you.

You may not upload images to our website or order cases where the image may be deemed inappropriate. Inappropriate images include, but are not limited to, ones that are; offensive, indecent, pornographic, discriminative, obscene or threatening.

We have sole discretion to delete any images for any reason and pass on copies and contact details to any law enforcement authorities if required to do so.

You agree to indemnify us for all legal and financial liabilities that may arise due to the misuse of any images or content you have submitted or used.

Product Quality

We try to ensure that all of our products are of a high quality, and in the case of custom designed cases match that what is displayed on screen. However, there may be some differences in colour, positioning or other factors between the on-screen designed and the produced product.

Orders

Products purchased through this site are bought from ilutra systems Ltd (registered in England number 03933888).

Prices advertised on the website exclude postage and packing.

You will complete the payment through WorldPay's secure payment system - we will not receive details of your credit card.

Orders are normally dispatched within 7 days of receipt of the order, though reserve the right to despatch at a later date. We reserve the right to ship part orders in the event of temporary shortage of stock.

Returns Policy

You may return a faulty case within 28 days of purchase and we will provide a replacement case of the same type and image.

Please be advised that we do not offer refunds for bespoke designed cases. Please ensure you are completely happy with your design before ordering the case and have selected the correct case model.

Limitation Of Liability And Disclaimer - IMPORTANT

All materials, information, software, products, and services included in or available through this site (the "content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or no infringement. We, our subsidiaries, and our licensors, and advertisers, do not warrant that the content is accurate, reliable or correct; nor that this site will be available at any particular time or location; nor that any defects or errors will be corrected. Your use of this site is solely at your risk.

We will use reasonable endeavours to ensure that our server is available for the upload of images, the maintenance of the security of its databases and the operation of the website. However, any failure of the server to provide these services is beyond our control and we cannot therefore be held liable for any failure or disruption to the service.

We will also use reasonable endeavours to prevent breaches of security caused by 'hacking' but do not warrant that the system is impregnable to such attack and we will not be liable for any consequences of such an attack.

Other than in cases of damage for personal injury or death our total liability is restricted to refund of the cost of products or service purchased from us. No other direct or indirect liability is assumed or implied. Your statutory rights are not affected.

Privacy Policy

ilutra systems limited believes strongly in protecting user privacy and has adopted a privacy policy. Users of this Site should refer to our Privacy Policy for information about how we process information. This includes:

  • Using your information for the effective administration of the website and to communicate with you
  • The disclosure of your information to selected companies if you have given us permission to do so

Regardless of whether you have selected disclosure of your information to third party organisations or not we may at our sole discretion provide any information held about you to relevant law enforcement agencies having due cause to request such information.

By registering as a user of the our service you are accepting the terms of our privacy policy. We reserve the right to amend its privacy policy from time to time. These changes will be notified to you by email and the new policy will be published on the 'Privacy Policy' web page.

Advertising And Sponsorship

Parts of the website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the website complies with international and national law. We will not be responsible for any error or inaccuracy in any advertising or sponsored material.

Applicable Law

These terms shall be governed by and construed in accordance with English law.

The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute, which may arise out of, under or in connection with these terms, or the legal relationship established by them and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

General

You may not assign, sub-license or otherwise transfer any of your rights under these terms.

Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy. We reserve the right, in our sole discretion, to terminate your access to all or part of this site and service, with or without notice.

Headings in these terms are for convenience only and will have no legal meaning or effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us in respect to this site and the site services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. If any of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in force and effect.