Platform

Last updated: March 13th 2023.

THESE TERMS OF USE APPLY TO ALL USE OF THE WEBSITE. BY CONTINUING TO USE THE WEBSITE YOU ARE INDICATING YOUR ACCEPTANCE OF THEM.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

These terms and conditions of use (together with the various documents referred to in them) set out the terms of use on which you may make use of our website whynowgaming.com (the “Website”). Use of the Website includes accessing it, perusing it, or using any of the functionality offered via it.

Please read these terms and conditions of use carefully before you start to use the Website as they represent a binding legal agreement and you will be bound by them. We recommend that you print a copy of these terms for future reference.

To access the Website and the premium content contained therein you will be required to register as a user and, save for any available free trial period, pay a subscription charge. As a subscriber there are specific terms that will govern your subscription and these additional terms are detailed below under the section Subscription Terms.

By using the Website, you confirm that you accept these terms and conditions of use and that you agree to comply with them.

If you do not agree to these terms and conditions of use, you must not use the Website.

Other Applicable Terms & Policies

The following additional terms also apply to your use of the Website:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.

Our Cookie Policy, which sets out information about the cookies on the Website.

Information about the owner of the Website

The Website is operated by [Whynow Limited]. (“we”, “our”, “us” “[Whynow]”). We are registered in England and Wales under company number [11771567] and have our registered office at [Acre House, 11/15 William Road, London, United Kingdom, NW1 3ER]. You can contact us by writing to us at help@whynow.co.uk.

Changes to these Terms & Conditions

Please note that we reserve the right to revise or amend these terms at any time to reflect changes to our business or changes in the law. Where these changes are significant we will endeavour to e-mail all of our registered users to make sure that they are informed of such changes.

However, it is your responsibility to check these terms before each use of the Website.

We May Suspend or Withdraw Our Website

We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You Must Keep Your Account Details Safe

If you choose, or you are provided with, a user identification code, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code, username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code, username or password, you must promptly notify us at help@whynow.co.uk

Data Processing

You should not submit any personal data to us without first reading our Privacy Notice which explains how we process your personal data. Like most websites, we also use cookies to help us understand how people are using the Website. For more information about cookies and how to disable and/or delete them, please visit www.allaboutcookies.org. By using the Website, you agree that we can process any personal data you provide to us in accordance with our Privacy and Cookies Policy.

Links to Third Party Sites

As a convenience to users, this website may link to other sites owned and operated by third parties and not maintained by Whynow. Whynow has no control over these linked sites, all of which have separate privacy and data collections practices and legal policies independent of Whynow. Whynow is not responsible for the contents of any linked sites and does not makes any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.

Your Responsibilities

When using this Website and our online communications infrastructure including email and any enquiry forms that we may offer users or add in the future on this Website you agree:

  • any information you submit is accurate and truthful and you will keep this information accurate and up to date;
  • to keep your username and password secure at all times and to contact us immediately at help@whynow.co.uk if you have reason to believe that they may no longer be secure;
  • that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account / computer;
  • to accept responsibility for all activities that occur under your account or password;
  • not to use any other user’s identity to log on to or communicate via this Website;
  • not to impersonate other people, particularly employees and representatives of Whynow or our affiliates;
  • not to use obscene or vulgar language;
  • not to submit information or content that is unlawful or otherwise objectionable including, but not limited to, content that is defamatory, abusive, offensive, racist, sexist, homophobic, threatening, vulgar, obscene, hateful, content which promotes or incites violence or is otherwise inappropriate or to post comments which will constitute a criminal offence or give rise to civil liability on this Website;
  • to refrain from using the Website and online communications systems for unauthorised mass-communication such as “spam” or “junk email”;
  • not to use the Website to advertise or offer to sell any goods or services for any commercial purpose, or to promote any surveys, contests or chain letters without the express written permission of Whynow;
  • not to post or make available any material which is protected by copyright, trade mark or other proprietary right on this Website without the express permission of the owner of the copyright, trade mark or any other proprietary right and you will be solely liable for any damages resulting from any infringement of the above. If you believe that any materials on this Website infringe your copyright or trademark, you may request that they be removed. This request must be emailed with your name, address and telephone number along with any supporting information. For copyright or trademark issues relating to this Website, please email: help@whynow.co.uk;
  • not to upload to the Website files that contain viruses or files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information in the possession of any third party, and you will be solely responsible for any damages from any claims that may arise because you posted files that caused damage to the operation of another person’s software, hardware or telecommunications equipment;
  • to evaluate for yourself the accuracy, completeness or usefulness of any opinion, advice or other content on the Website;
  • to only use the Website for lawful purposes;
  • not to post defamatory, abusive, offensive, racist, sexist, homophobic, threatening, vulgar, obscene, hateful or otherwise inappropriate comments, or to post comments which will constitute a criminal offence or give rise to civil liability, on this Website;
  • to post only comments that are pertinent to the subject matter of the article or content and are relevant and contribute to the conversation;
  • not to post comments which are aggressive in tone, or which could be construed as personal attacks against authors or other users; and
  • when posting or reading you agree to accept full responsibility for any material you place on this Website.

Intellectual Property

Whynow is the owner and/or the licensee of all intellectual property rights inherent in the Website, and in the material published on it including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software. Unless specifically stated otherwise, nothing in these terms or on the Website shall give effect to any transfer of such intellectual property rights from us to you.

Your sole right to use the intellectual property inherent in the Website is a non-exclusive licence to make use of such content only as is strictly necessary to enable you to access the Website and to peruse its contents.

You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.

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.

Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.

You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Your Identity and Licence 

You acknowledge that (except where explicitly stated) materials shared on this Website are not private and can be viewed by everybody who visits the Website, that other users will be able to identify (by username) who has posted each piece of material and that the username (and any profile details they have provided) and that who is logged on to this Website at any given time may be visible to all users.

You should log off this Website when you have finished using it to prevent anyone else accessing the Website and using your log-on identity / username. This is particularly important where other people may use the same computer as you, such as in internet cafes. If you do not log off, you may be deemed to be the person viewing or posting material unless you can prove otherwise.

We reserve the right to reveal your identity and contact details to third parties if we believe that you may have breached any of these terms and conditions.

For your own safety and security, we recommend that you do not publish or otherwise disclose personal information such as your password, credit card number, home address, email address, phone number etc., when using this Website.

By posting material on the Website, you grant all other users the right to obtain access to such material and to view, store and reproduce it for personal use.

Do Not Rely On Information On This Website

The content on the Website is provided for entertainment purposes and general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

User-Generated Content

The Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on the Website do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us at help@whynow.co.uk.

Indemnity

You acknowledge that you are responsible for any material that you post on the Website and that if you breach any of these terms and conditions you may be personally liable to any third party that suffers harm as a result.

You agree to indemnify and keep indemnified us, our successors and assigns, our directors, trustees, offices, employees and agents from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us should you breach any of these terms and conditions.

This indemnity includes your use of the information you read on the Website, together with any introduction or collaboration that you enter into as a result of viewing the Website.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Website;
  • use of or reliance on any content displayed on the Website;
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

Further, you acknowledge that the author of each posting on this Website is responsible for his or her comments. Insofar as the law permits, we shall not be liable for any loss, damage or distress incurred as a result of material posted on the Website.

We are not responsible for the accuracy, veracity or reliability of any opinion, advice or statement made on the Website and such communications shall not be considered to be reviewed, screened, monitored, edited or approved by us.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content from it, or from any website linked to it.

Events Outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance or, any of our obligations under these terms of use that is cause by an Event Outside Our Control (as defined in the paragraph below).

An “Event Outside Our Control” means: any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications.

If an Event Out Our Control takes place that affects the performance of our obligations under these terms of use our obligations under these terms of use will be suspended and the time for performance of our obligations will be extended for the duration of the Even Outside Our Control.

Viruses

We do not guarantee that the Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

Linking to the Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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 to the Website in any website that is not owned by you.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.

We reserve the right to withdraw linking permission without notice.

Third party website links & resources in the Website

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

We assume no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

If you do link from the Website to other websites, your use thereof will also be subject to those websites’ terms and conditions.

Advertising / Sponsorship

Inclusion of any material in advertisements or sponsors’ materials on the Website does not constitute any guarantee or endorsement as to the quality or value of any of the products or services advertised or any claims made for the products or services by the manufacturer. Any correspondence or dealings which you may have with advertisers or sponsors promoting themselves on the Website are solely between you and that party. We shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealing or as a result of the presence of such advertisers on the Website.

Subscription Terms

To gain access to the Website and the premium content contained therein (the “Paid Subscription Services“) you must register, set up an account and pay a subscription fee. The subscription fee is determined by us and can be subject to change at any time at our sole discretion. Subscription to the Paid Subscription Services is personal to you and may not be transferred or assigned.

By subscribing for the Paid Subscription Services you agree to pay all fees and charges, including applicable taxes. In order to set up an account you must provide us with valid credit card/debit card information, and by providing such information, you thereby authorise us to bill all fees, charges and applicable taxes through that account as and when they become due. Any queries regarding billing on your account must be raised with us within 30 days. All credit card/debit card details are entered on a secured page and they are securely processed via Stripe or Paypal.

You will be billed in Sterling. Any relevant exchange settlements will be determined by agreements between you and your credit card/debit card issuer. If we do not receive payment from the credit card/debit card issuer, you agree to pay all amounts due on your account upon demand. If we do not receive prompt payment for all fees, charges and applicable taxes, you will be in default and we reserve the right to suspend your account and access to the Paid Subscription Services without notice.

Written confirmation of subscription to the Paid Subscription Services shall be provided to you via the email address supplied during subscription. You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us of your decision to cancel this contact by an unequivocal statement (e.g. a letter sent by post or email). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this contract we will reimburse you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such a reimbursement.

Subject to any right of withdrawal under applicable law, fees, charges and applicable taxes are non-refundable.

The following additional terms apply to any contract between you and Whynow when you subscribe for the supply of the Paid Subscription Services:

  1. You may only subscribe for the supply of the Paid Subscription Services if you are 18 years old or over and are capable of entering into legal contracts.
  2. In order to subscribe for the supply of the Paid Subscription Services you must register and set up an account on the Website and provide us with a current valid payment method. The following payment methods are accepted: Visa, MasterCard, Debit Card, Amex Card and Laser through stripe and paypal.
  3. These are subscription services. You can subscribe for a monthly subscription (“Monthly Subscription”) which will continue month to month and we will bill the monthly subscription fee to your payment method unless and until you cancel your subscription or it is terminated by us.
  4. You can also subscribe for an annual subscription (“Annual Subscription”) which will continue year to year and we will bill your payment method unless and until you cancel your subscription or it is terminated by us.
  5. Your payment method will be billed each month in the case of a Monthly Subscription and each year in the case of an Annual Subscription on the calendar day corresponding to the commencement of your initial subscription for the supply of the Paid Subscription Services. In the event that there is no exact corresponding calendar day in a particular month We will bill you on the nearest possible corresponding calendar day.
  6. If your subscription payment is not successfully settled with the billing period set out a term (e) above or you breach any of these terms or the wider terms and conditions of use of the Website we reserve the right to terminate your subscription immediately.
  7. In the case of Monthly Subscriptions all payments are non-refundable. In the case of Annual Subscriptions, where you cancel your subscription prior to the expiry of the year, you will be entitled to a refund of any full unused months remaining.
  8. You can cancel your Monthly Subscription at any time. To cancel your Monthly Subscription you need to send an email to help@whynow.co.uk at least ten business days in advance of your monthly billing date, which is calculated in accordance with term (e) above. You will continue to have access to the Paid Subscription Services until the end of the monthly billing period.
  9. You can cancel your Annual Subscription any time. To cancel your Annual Subscription you need to you need to send an email to info@whynow.co.uk at least ten business days in advance of your annual billing date, which is calculated in accordance with term (e) above. You will continue to have access to the Paid Subscription Services for any unused portion of the month, calculated as the monthly anniversary of the date of your initial subscription, in which you cancel.
  10. We reserve the right to increase the subscription fees for the Paid Subscription Services at any time at our absolute discretion. Should we change the subscription fees you will be notified by email and the increased subscription fees will apply to the next monthly or annual billing period as applicable, unless or until you terminate your subscription in accordance with (h) for Monthly Subscriptions or (i) for Annual Subscriptions.
  11. We reserve the right to decline to supply the Paid Subscription Services to any individual or company.
  12. For the purpose of these terms a business day means Monday to Friday 10.30 am to 5.30 pm and any day which is not a public or bank holiday in London.

If you default on any payment, we may:

  • terminate your subscription;
  • charge you for any outstanding amount remaining on the unexpired portion of your minimum subscription term (subject to your subscriptions and/or offer terms);
  • send your details to third party debt collectors; and/or
  • take any action which is necessary in our opinion to recover our losses.

If your subscription has been terminated and you would like to re-subscribe to one of our subscriptions, we have the right to require payment in full of any outstanding amount owed to us.

We may change our subscription entitlements at any time with 30 days’ notice and you may cancel your subscription within this notice period. We may also at any time and at our sole discretion, terminate your subscription with us where we believe that we have serious grounds to terminate (for example, for non-payment or breach of these terms).

We may screen your name and address against credit reference and fraud prevention databases when we decide whether or not to accept your application for subscription. If we do not accept your application for subscription, we will terminate your subscription and reimburse any payment that you have made.

Applicable law

Please note that these terms and conditions of use, and their subject matter are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any disputes. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms and conditions of use and their subject matter (and any non-contractual disputes or claims) are governed by English law. You and we both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact Us

You can write to us at our registered office at: [Acre House, 11/15 William Road, London, United Kingdom, NW1 3ER]

Alternatively, please email us at help@whynow.co.uk.

Store

Last updated: 10 December 2021.

  1. Terms of Use
  • INTRODUCTION

THESE TERMS OF USE APPLY TO ALL USE OF THE WEBSITE. BY CONTINUING TO USE THE WEBSITE YOU ARE INDICATING YOUR ACCEPTANCE OF THEM. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. These terms and conditions of use (together with the various documents referred to in them) set out the terms of use on which you may make use of our website whynow.co.uk (the “Website”). Use of the Website includes accessing it, perusing it, purchasing and/or subscribing to products and services on it or using any of the functionality offered via it. Please read these terms and conditions of use carefully before you start to use the Website as they represent a binding legal agreement and you will be bound by them. We recommend that you print a copy of these terms for future reference. To access the Website and the premium content contained therein you will be required to register as a user and, save for any available free trial period, pay a subscription charge. As a subscriber there are specific terms that will govern your subscription and these additional terms are detailed below under the section Subscription Terms. When purchasing products, there are specific terms that will govern your purchase and these additional terms are detailed below under the section Terms and Conditions of Sale. By using the Website, you confirm that you accept these terms and conditions of use and that you agree to comply with them. If you do not agree to these terms and conditions of use, you must not use the Website.

  • OTHER APPLICABLE TERMS & POLICIES 

The following additional terms also apply to your use of the Website: Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. Our Cookie Policy, which sets out information about the cookies on the Website. Terms and Conditions of Sale, which sets out the terms for the purchase of products on the Website.

  • INFORMATION ABOUT THE OWNER OF THE WEBSITE 

The Website is operated by Whynow Limited. (“we”, “our”, “us” “Whynow”). We are registered in England and Wales under company number 11771567 and have our registered office at Acre House, 11/15 William Road, London, United Kingdom, NW1 3ER. You can contact us by emailing us at help@whynow.co.uk.

“You” “your” are the person who interacts with the Website and/or subscribes to our Paid Subscription Services and/or agrees to buy products on the Website.

  • CHANGES TO THESE TERMS & CONDITIONS 

Please note that we reserve the right to revise or amend these terms at any time to reflect changes to our business or changes in the law. Where these changes are significant we will endeavour to e-mail all of our registered users to make sure that they are informed of such changes.  However, it is your responsibility to check these terms before each use of the Website.

  • WE MAY SUSPEND OR WITHDRAW OUR WEBSITE 

We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

  • YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE 

If you choose, or you are provided with, a user identification code, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code, username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code, username or password, you must promptly notify us at help@whynow.co.uk

  • DATA PROCESSING

You should not submit any personal data to us without first reading our Privacy Notice which explains how we process your personal data. Like most websites, we also use cookies to help us understand how people are using the Website. For more information about cookies and how to disable and/or delete them, please visit www.allaboutcookies.org. By using the Website, you agree that we can process any personal data you provide to us in accordance with our Privacy and Cookies Policy.

  • LINKS TO THIRD PARTY SITES

As a convenience to users, this website may link to other sites owned and operated by third parties and not maintained by Whynow. Whynow has no control over these linked sites, all of which have separate privacy and data collections practices and legal policies independent of Whynow. Whynow is not responsible for the contents of any linked sites and does not makes any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.

  • YOUR RESPONSIBILITIES 

When using this Website and our online communications infrastructure including email and any enquiry forms that we may offer users or add in the future on this Website you agree:

  • any information you submit is accurate and truthful and you will keep this information accurate and up to date;
  • to keep your username and password secure at all times and to contact us immediately at help@whynow.co.uk if you have reason to believe that they may no longer be secure;
  • that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account / computer;
  • to accept responsibility for all activities that occur under your account or password;
  • not to use any other user’s identity to log on to or communicate via this Website;
  • not to impersonate other people, particularly employees and representatives of Whynow or our affiliates;
  • not to use obscene or vulgar language;
  • not to submit information or content that is unlawful or otherwise objectionable including, but not limited to, content that is defamatory, abusive, offensive, racist, sexist, homophobic, threatening, vulgar, obscene, hateful, content which promotes or incites violence or is otherwise inappropriate or to post comments which will constitute a criminal offence or give rise to civil liability on this Website;
  • to refrain from using the Website and online communications systems for unauthorised mass-communication such as “spam” or “junk email”;
  • not to use the Website to advertise or offer to sell any goods or services for any commercial purpose, or to promote any surveys, contests or chain letters without the express written permission of Whynow;
  • not to post or make available any material which is protected by copyright, trade mark or other proprietary right on this Website without the express permission of the owner of the copyright, trade mark or any other proprietary right and you will be solely liable for any damages resulting from any infringement of the above. If you believe that any materials on this Website infringe your copyright or trademark, you may request that they be removed. This request must be emailed with your name, address and telephone number along with any supporting information. For copyright or trademark issues relating to this Website, please email: help@whynow.co.uk;
  • not to upload to the Website files that contain viruses or files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information in the possession of any third party, and you will be solely responsible for any damages from any claims that may arise because you posted files that caused damage to the operation of another person’s software, hardware or telecommunications equipment;
  • to evaluate for yourself the accuracy, completeness or usefulness of any opinion, advice or other content on the Website;
  • to only use the Website for lawful purposes;
  • not to post defamatory, abusive, offensive, racist, sexist, homophobic, threatening, vulgar, obscene, hateful or otherwise inappropriate comments, or to post comments which will constitute a criminal offence or give rise to civil liability, on this Website;
  • to post only comments that are pertinent to the subject matter of the article or content and are relevant and contribute to the conversation;
  • not to post comments which are aggressive in tone, or which could be construed as personal attacks against authors or other users; and
  • when posting or reading you agree to accept full responsibility for any material you place on this Website.
  • INTELLECTUAL PROPERTY 

Whynow is the owner and/or the licensee of all intellectual property rights inherent in the Website, and in the material published on it including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software. Unless specifically stated otherwise, nothing in these terms or on the Website shall give effect to any transfer of such intellectual property rights from us to you. Your sole right to use the intellectual property inherent in the Website is a non-exclusive licence to make use of such content only as is strictly necessary to enable you to access the Website and to peruse its contents. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website. 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. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  • YOUR IDENTITY AND LICENCE 

You acknowledge that (except where explicitly stated) materials shared on this Website are not private and can be viewed by everybody who visits the Website, that other users will be able to identify (by username) who has posted each piece of material and that the username (and any profile details they have provided) and that who is logged on to this Website at any given time may be visible to all users. You should log off this Website when you have finished using it to prevent anyone else accessing the Website and using your log-on identity / username. This is particularly important where other people may use the same computer as you, such as in internet cafes. If you do not log off, you may be deemed to be the person viewing or posting material unless you can prove otherwise. We reserve the right to reveal your identity and contact details to third parties if we believe that you may have breached any of these terms and conditions. For your own safety and security, we recommend that you do not publish or otherwise disclose personal information such as your password, credit card number, home address, email address, phone number etc., when using this Website. By posting material on the Website, you grant all other users the right to obtain access to such material and to view, store and reproduce it for personal use.

  • DO NOT RELY ON INFORMATION ON THIS WEBSITE 

The content on the Website is provided for entertainment purposes and general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

  • USER-GENERATED CONTENT 

The Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on the Website do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us at help@whynow.co.uk.

  • INDEMNITY 

You acknowledge that you are responsible for any material that you post on the Website and that if you breach any of these terms and conditions you may be personally liable to any third party that suffers harm as a result.

You agree to indemnify and keep indemnified us, our successors and assigns, our directors, trustees, offices, employees and agents from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us should you breach any of these terms and conditions. This indemnity includes your use of the information you read on the Website, together with any introduction or collaboration that you enter into as a result of viewing the Website. Limitation of our liability Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.  We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Website;
  • use of or reliance on any content displayed on the Website;
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

Further, you acknowledge that the author of each posting on this Website is responsible for his or her comments.

Insofar as the law permits, we shall not be liable for any loss, damage or distress incurred as a result of material posted on the Website. We are not responsible for the accuracy, veracity or reliability of any opinion, advice or statement made on the Website and such communications shall not be considered to be reviewed, screened, monitored, edited or approved by us. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content from it, or from any website linked to it.

  • EVENTS OUTSIDE OUR CONTROL 

We will not be liable or responsible for any failure to perform, or delay in performance or, any of our obligations under these terms of use that is cause by an Event Outside Our Control (as defined in the paragraph below). An “Event Outside Our Control” means: any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications.  If an Event Out Our Control takes place that affects the performance of our obligations under these terms of use our obligations under these terms of use will be suspended and the time for performance of our obligations will be extended for the duration of the Even Outside Our Control.

  • VIRUSES 

We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately. Linking to the Website You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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 to the Website in any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.

  • THIRD PARTY WEBSITE LINKS & RESOURCES IN THE WEBSITE 

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. We assume no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. If you do link from the Website to other websites, your use thereof will also be subject to those websites’ terms and conditions.

  • ADVERTISING / SPONSORSHIP 

Inclusion of any material in advertisements or sponsors’ materials on the Website does not constitute any guarantee or endorsement as to the quality or value of any of the products or services advertised or any claims made for the products or services by the manufacturer. Any correspondence or dealings which you may have with advertisers or sponsors promoting themselves on the Website are solely between you and that party.

We shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealing or as a result of the presence of such advertisers on the Website.

  1. Applicable Law

Please note that these terms and conditions of use, and their subject matter are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any disputes. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms and conditions of use and their subject matter (and any non-contractual disputes or claims) are governed by English law. You and we both agree to the exclusive jurisdiction of the courts of England and Wales.

  1. Contact Us

You can write to us at our registered office at: [Acre Housewhynow, 11/15 William Road34 Eastcastle Street, London, United Kingdom, NW1 3ER W1W 8DW] Alternatively, please email us at help@whynow.co.uk.

  1. Terms of Sale
  • INTRODUCTION

This page tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Product(s)”) listed on our Website and any associated digital platform which may be released by us from time to time to you.

For ease of reading, we have divided these Terms into several sections:

  • Introduction
  • Orders
  • Products
  • Pricing
  • Payment
  • Delivery & insurance
  • Right of return, refund or cancellation
  • Our liability
  • How we may use your personal information
  • Other important terms

These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully before ordering any Products from the Website. By placing an order on the Website, you agree to be bound by these Terms, as well as the Terms of Use.

Every time you wish to order a Product, please check these Terms as we may have made changes to them since your last order and the Terms in force at the date of each order will apply.

  • ORDERS
  • How we will accept your order

By placing an order, you are offering to purchase a Product in accordance with these Terms. After you place an order for a Product, you will receive an e-mail from us acknowledging and confirming your order. At which point a binding Contract will come into existence between you and us. We recommend that you print a copy of that order confirmation for your records, as well as a copy of these Terms.

  • If we cannot accept your order

If we are unable to accept your order, please we will inform us viayou of this by e-mail and a member of our team will be in touchwe will look into  we will not process your order. Your order may not be accepted for any one or more of the following non-exhaustive reasons:

  1. A Product you ordered is out of stock;
  2. We are unable to obtain authorisation for your payment;
  3. We have identified an error with a Product description, including but not limited to a pricing error;
  4. There is a system or procurement failure;
  5. You fail our customer validation checks;
  6. There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you; or
  7. We believe you are generating orders for commercial gain and not personal use.

If you have already paid for the Product, we will refund you the full amount including any delivery charges, as soon as possible.

We reserve the right to limit quantities purchased per person, per household or per order and to cancel or refuse orders that exceed such limits.

  • Your order number

At the point we accept your order, we will assign it an order number and we will notify you of this by email. Should you need to contact us about your order, it will help us if you can tell us the order number.

  • You must be 18

To place an order, you must be above the age of 18. If you are younger than 18, we ask that you to let a parent or legal guardian place your order. If it comes to our attention that an order has been made by a person under the age of 18, we reserve the right to decline it.

The Products you may purchase on the Website are directly sold by us and/or contributors.

  • PRODUCTS
  • Products may vary slightly from their pictures on the Website

Whilst we have made every effort to display as accurately as possible, the colours and images of our Products that appear on the Website the images are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

  • Product packaging may vary

The packaging of the Products may vary from that shown in images on the Website.

  • PRICING
  • Prices on the Website

The price of Products will always be shown to you before you submit your order. Prices for our Products may change from time to time but changes, other than where mispricing has occurred, will not affect any order which we have accepted by e-mail.

  • What happens if the price is wrong

It is always possible that, despite our best efforts, some Products may be incorrectly priced on the Website. We will normally check prices before accepting your order. If a Product’s correct price at your order date is higher than the price stated to you, we will contact you for instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as mispricing, we may end the Contract, refund you any sums you have paid and require the return of any such Product(s) provided to you.

  • PAYMENT
  • When will payment be taken

Full payment is required at the time the order is placed. You can pay through our payment processor or any other payment methods which we may add to the Website from time to time. Your use of any payment services to purchase Products will be subject to the terms and conditions of the applicable payment processor.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Website. You promptly agree to update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transaction and contact you as needed. You expressly agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information.

  • Payment security

We use standard internet encryption technology to provide you with the maximum practicable level of security.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases.

  • DELIVERY & INSURANCE

We currently deliver to UK addresses only. s.

Shipping is by a global recognised and insured courier, which will be confirmed to you during the order process.

You must provide us with complete and accurate delivery address information. We will not be liable for the delivery of your order because of you supplying us with incomplete or inaccurate information.

During the order process we will let you know when we aim to provide the Products to you. If we consider we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.

Please note that all delivery timeframes given are estimates which exclude weekends and bank/public holidays. Any dates provided to you by us are simply estimates given in good faith based on the shipping method selected. For the avoidance of doubt such dates are only approximations and we are not bound by them. We accept no liability for any delay in the delivery of the Products.

  • Signature on delivery

We may require signature on delivery  for release of the Products to you at the delivery address you gave us. If our delivery agent is unable to deliver to you because you are not present when the goods are delivered and if you do not follow their instructions to rearrange for delivery, then we may end the Contract with you and cancel your order. Where this occurs, we reserve the right to charge you for costs that we have incurred attempting to deliver the Products to you.

  • Your Product will be fully insured during delivery

A Product will be your responsibility from the time we deliver it to the address you gave us or it is otherwise collected or delivered in accordance with your instructions to the relevant postal service and/or carrier selected. This does not affect your statutory rights to cancel your order but please bear in mind that you will be responsible for any damage that you do to Product(s) once they are in your possession.

  • Delivery restrictions

We are unable to deliver to PO Box numbers, BFPO addresses, mail-forwarding addresses and temporary residence addresses. This is to ensure the safe and undamaged delivery of your Product(s).

  • RIGHT OF RETURN, REFUND & CANCELLATION
  • Returns Policy

You have the right to return purchased Products for a refund within thirty (30) days of you receiving the Products for any reason. Products must be returned unworn, undamaged and unused, with all tags attached and the original packaging included.

  • Our return process

Please contact help@whynow.co.uk to return Products, please state your order number and the reason for your return. We will refund your product as quickly as possible to your original payment method. Please note you will need to email us at help@whynow.co.uk if your original payment method has expired to make alternate arrangements. It can take up to fourteen (14) days for a returned Product to reach us, from the date it was sent back. We will process your refund within (ten) 10 days of receipt. Your bank or credit card company may take 4-7 business days to credit your account.

We have the right to withhold or reduce any refund on Products that have already been worn and/or which have been damaged or otherwise diminished in value.

  • How to return the Products

If you change your mind after the Products have been dispatched to you or you have received them and you elect to cancel your order as described above, you must return the Product(s) to us. Please contact help@whynow.co.uk to arrange for the return of your  Product(s) .

Please note that we will not make any refund to you until we have received the relevant Product(s) from you and confirmed that they have not been damaged or used.

  • Your right to cancel or make changes to the order

You may cancel a Contract at any time within fourteen (14) days, beginning on the day after you received the Product(s). If you cancel the Contract after the Product(s) have been dispatched to you or you have received them, you must return them to us. You will receive a full refund of the price paid for the Product(s), but not the cost of delivery. You will be responsible for the full cost of the Product(s) if they are lost or stolen during their return journey to us, so we recommend that you use a tracked delivery service which is insured appropriately.

To cancel a Contract please tell us by e-mail at help@whynow.co.uk to arrange the return of your Product(s), along with details of your order number so that we can arrange a refund.

Once we receive your cancellation, we will send you a notification for your records. Your cancellation will be effective from the date you sent us the e-mail.

If you wish to make changes to the Products you have ordered, please contact us by emailing help@whynow.co.uk. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Products, timing of supply or anything else which would be necessary as a result of your requested change and ask for you to confirm whether you wish to go ahead with the change.

This provision does not affect your statutory rights as a consumer (see section below, “Your right to return Products that are faulty or not as described”).

  • Your right to return Products that are faulty or not as described

If your Products are faulty or not as described, you have a right to cancel your order and get the Products replaced or receive a full refund if you notify us within the cancellation period. The cancellation period starts from the date of the e-mail from us to you confirming your order and ends thirty (30) days after the day you receive the Products. Replacements are subject to availability.

Alternatively, if your product is faulty or not as described and a period of more than thirty (30) days and less than six (6)  months has elapsed, then you are entitled to request a replacement or a repair. If your Products cannot be repaired or replaced by us or the relevant contributor, then you are entitled to request a refund within six (6) months from the date that you received the Products. We reserve the right to reject refund requests which relate to Products which have been damaged by customers while being used or not correctly cared for.

If you are entitled to receive a refund in this way you are also entitled to refund of the price you paid for the Products and any standard delivery charges that you paid for them (which excludes the cost of any expedited or special delivery that you may have opted for). You will also be provided with a refund for any reasonable shipping charges you may incur by returning the faulty Products to us (but may require you to provide proof of those costs).

If you are entitled to and request a refund, we will process this as soon as possible after receiving the returned faulty product from you and confirming the reported fault and, in any case, within thirty (30) calendar days of the day of receiving it and making that confirmation

  • OUR LIABILITY
  • We are responsible to you for foreseeable loss and damage caused by us

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that we could have foreseen because the loss or damage was an obvious consequence of our failure to comply with these Terms or our negligence or if they were contemplated by you and us at the time we entered into the Contract. We are not responsible for any loss or damage that we could not have foreseen.

  • We are not liable for business loss

We only supply Products for domestic and private use. We shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We also expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these Terms.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so

We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; or fraud or fraudulent misrepresentation; or any other liability which may not be limited or excluded under applicable law. Any statutory warranties to which you are entitled as a consumer (including, for example, that any service is carried out with reasonable skill and care, and any Products provided are of satisfactory quality) are unaffected by these Terms.

Our total aggregate liability in respect of any and all claims that you may bring against us in connection with Products purchased shall be no more than the total of twice the value of the affected Products.

  • HOW WE MAY USE YOUR PERSONAL INFORMATION

We may use the personal information you provide to us:

  • to supply the Products to you;
  • to process your payment for the Products; and
  • if you consent, during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us.

For further details please refer to our Privacy Policy and our Cookie Policy.

  •  OTHER IMPORTANT TERMS
  • Transfer of these Terms

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

  • Third party rights

This Contract is between you and us. Subject to the transfer right above, no other person shall have any rights to enforce any of its terms.

  • Severability

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.