Terms of service
Overview
This website is operated by Marleybones. Throughout the site, the terms “we”, “us” and “our” refer to Marleybones. Marleybones offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1. Introduction
1.1 Scope of Terms
These Terms govern the supply of products by us to you, either through our website or over the phone, and outline how you may use our website, interact with us through live chat, social media, email or all other contact channels.
1.2 Importance of Reading
Before placing an order, please read these Terms thoroughly. They provide important information about who we are, how we will supply products to you, how the contract may be altered or terminated, and how to address any issues that may arise. If you believe there is an error in these Terms, please reach out to us for clarification.
1.3 Disagreement with Terms
If you do not agree to these Terms, please refrain from using our website, creating an account, inputting information into functional areas of the site, or placing any orders with us. To order products from our website, you must accept these Terms.
1.4 Additional Information
These Terms apply in conjunction with the following additional terms:
-
Privacy Policy: Outlines how we use personal information related to you.
-
Terms of Use: Specifies the acceptable and prohibited uses of our website. When using our site, you must comply with these Terms of Use as outlined in our Terms and Conditions.
-
Refund Policy: Outlines the conditions for returning unused products to us.
1.5 Changes to Terms
We periodically revise these Terms. Each time you use our website or place an order with us, please review these Terms to ensure you understand the applicable terms at that time. If you have initiated a subscription with us and do not agree to any changes made to these Terms, you must cancel your subscription. Instructions for cancelling are provided below.
1.6 Changes to Website
We may make changes to our website to reflect our business priorities, but we cannot guarantee that our website or any of its content will always be available or uninterrupted. We may temporarily or permanently suspend or restrict access to all or part of our website for business or operational reasons. In such cases, we will make an effort to provide reasonable notice of any major changes or suspension.
2. Supplier Information
2.1 About us
These Terms and Conditions govern the purchase of goods by the customer through the Website www.marleybones.com. The products supplied are provided by Marleybones Limited, a company registered in England with company number 12216353. Our registered office is at Kalculus, 119 Marylebone Road, London, United Kingdom, NW1 5PU, and our trading address is at 99-109 Lavender Hill, Unit 36, Battersea Business Centre, SW11 5QL.
2.2 How to Contact Us
Inquiries and correspondence may be directed to Marleybones Limited at hello@marleybones.com.
2.3 Communication with You
If we need to contact you, we will do so by sending an email to the address or postal address you provided during the ordering process or by calling the phone number on file in your account details.
3. Registration and Account Management
3.1 Creating an Account
To make purchases and participate in consultations, you must register with us through the process outlined on the site. This creates a user account (your “Account”) with a unique username and information about you and your pet(s). This grants you access to areas of the site where you can edit your details and make purchases.
3.2 Account Details
It is your responsibility to keep your account details, including your username and password, confidential and secure. Do not share them with any third party. Additionally, ensure that the information you provide in connection with your account is accurate and complete, as this may impact our ability to provide products to you.
3.3 Disabling Your Account
We have the right to disable your username and password if you fail to comply with these Terms.
3.4 Unauthorised Access
Accounts are non-transferable and cannot be assigned to others. If you suspect anyone else knows your login information, notify us immediately via email at hello@marleybones.com.
3.5 Account Changes
You are responsible for all changes and actions taken within the Account Pages of the site, such as changes to pet information, subscription plans, postal address, and delivery instructions.
3.6 Age Restriction
Our site is intended for users over the age of 18. By registering an account, you confirm that you are at least 18 years old.
4. Orders and Subscriptions
4.1 Our Subscription Service
When you sign up for one of our plans, you will be subscribed to a regular delivery of products from us. The delivery intervals will be specified on the subscription page and in accordance with these Terms.
4.2 Order Acceptance
We will accept your order by emailing you, at which point a contract will be formed between you and Marleybones.
4.3 Valid Payment Details
To purchase products from the site, you must have correct and up-to-date payment information entered in your User Account.
4.4 Unable to Accept Order
If we cannot accept your order, we will inform you and may not charge you for the product. This could be due to the product being out of stock, unexpected limitations in our resources, or an error in the product’s price or description.
4.5 Changes to Details
You must promptly update us with any changes to your information, including payment details, through the Account Pages. If we are unable to process payment from your card, we may still send your order and request payment after delivery. We also reserve the right not to process your order if payment cannot be completed.
4.6 Changes to Subscription Order(s)
For subscription orders, if you need changes to take effect before your next delivery, you must update your Account prior to the cut-off date and time. Marleybones reserves the right to change the cut-off date and time, and will notify you of any changes. After the cut-off time, no changes to your order will be allowed, including but not limited to cancellations, address changes, payment details, and box contents. You will be charged for any delivery in progress at the cut-off time.
4.7 Prices
The total price you pay for your product will include the specific box price, calculated on the day your order is processed, plus VAT where applicable. This breakdown will be displayed on the site before you confirm your order, and you can make changes to your details and pet information before completing your purchase.
4.8 Order Payment
The total price will be charged to the payment method or card we have on file in your Account at the cut-off time for each specific order. It’s your responsibility to ensure your payment information is valid, up-to-date, and that sufficient funds are available. If payment is unsuccessful due to insufficient funds, outdated information, or other disputes, Marleybones may still deliver the order and attempt to charge you again. We reserve the right to recover any outstanding amounts by charging the failed payment method again or through other means. If payment is not received on time, Marleybones may charge additional fines and transfer the management and collection of the debt to a third-party agency, the costs of which may be passed on to you. Marleybones may pause execution of the agreement and delivery of orders if payment obligations are not met.
4.9 Account Pages
You can manage your future orders through your Account Pages. Any changes you make may affect the price of your order, which will be displayed to you once submitted.
4.10 Stopping Subscription
Your subscription will remain active unless stopped through your Account Pages. If you stop and later reactivate your Marleybones account, the plan price may differ from the price at the time you originally stopped your account.
5. Price and Payment
5.1 Where to Find the Price for the Product
The product price, including VAT, can be found on the order pages at the time of placement. We make every effort to provide accurate pricing information.
5.2 Changes in VAT Rate
If there is a change in VAT rates between your order date and delivery date, we will adjust the VAT amount you pay, unless full payment for the product has already been made before the VAT change takes effect.
6. Discounts and Offers
6.1 Discounts
From time to time, we may offer special deals to new and existing customers. Introductory offers are only available to new site users. Previous registrants are not eligible for additional offers unless stated otherwise. "Previous registrants" refer to any individual or group who has already used our services.
6.2 Free Treats for Life
Marleybones offers customers free treats for life for customers who signed up to Marleybones during this promotional period. The type, flavor, and size of the treats may change at Marleybones’ discretion. Marleybones reserves the right to modify or revoke the free treat offering at any time without prior notice. Customers are responsible for checking the site regularly for updates. By accepting these Terms, you acknowledge and agree that Marleybones can change the free treat offering at any time without liability.
6.3 Reserving the Right to Restrict Misuse of Offers
We reserve the right to temporarily stop any user account(s) and deliveries and remove any offers if we discover abuse or unfair use of the Marleybones discount scheme, referral codes, and associated offers.
6.4 Exclusive Discounts
Unless specified, discounts and credits cannot be used simultaneously with any other promotions or deals.
6.5 Subsequent Orders and Discounts
After using a discounted offer, the full price will apply to all future orders, unless a new and valid discounted offer is redeemed or active subscriptions/orders are canceled.
7. Marleybones Rewards Scheme
7.1 Modifications to the Scheme
Marleybones reserves the right to modify the value of points and the ways in which they can be earned at any time. Any changes will be made at Marleybones’ discretion and communicated as necessary.
7.2 Use of Vouchers
Vouchers cannot be used in conjunction with any other offer, including discount codes, cashback, or on-site promotions, except for the Subscribe & Save discount.
7.3 Earning Points
Buyers can earn points on all purchases, including when using a discount code, participating in on-site promotions, or redeeming points vouchers. Points can also be earned by completing the actions listed in the 'Ways to Earn' section. To accumulate points, buyers must be logged into their Marleybones account. Delivery charges do not qualify for points.
7.4 Third-Party Partnership
To facilitate the Marleybones Rewards Scheme, Marleybones partners with a third-party service provider, Rivo. This partnership operates in accordance with Marleybones’ Privacy Policy.
7.5 Opting Out of the Scheme
If a Buyer does not wish to participate in the Marleybones Rewards Scheme, they may request to have their details removed by contacting Marleybones at hello@marleybones.com.
7.6 Consent for Marketing Communications
To receive updates on exclusive offers and available points, Marleybones requires the Buyer's consent to receive email and SMS marketing communications.
7.7 Misuse of the Rewards Scheme
If a Buyer is found to be misusing the Marleybones Rewards Scheme – such as by creating multiple accounts, engaging in fraudulent referrals, or exploiting program benefits – Marleybones reserves the right to suspend their account, remove all accumulated points, and prohibit them from participating in any current or future customer benefit programs.
7.8 Availability of the Program
Marleybones Rewards is an exclusive program available only through Marleybones’ official website: https://www.marleybones.com. Points cannot be earned or redeemed through any retail stores or other online platforms.
7.9 Credit and Deduction of Points
Points will be credited within 28 days of a purchase or after completing a 'Ways to Earn' action. If an order is canceled or refunded, the corresponding points will be deducted from the Buyer's account, and their VIP Tier status will be adjusted accordingly.
8. Marleybones Refer a Friend Scheme
8.1 Modifications to the Scheme
Marleybones reserves the right to modify, suspend, or terminate the Refer a Friend Scheme at any time without prior notice. Any changes, including adjustments to discount values, eligibility criteria, or redemption rules, will be communicated via the Marleybones website or email where applicable.
8.2 Referring New Customers
The Buyer may only refer new Marleybones customers who have never placed an order before. A referral is considered valid only when the referred customer completes their first purchase using the referral discount code provided.
8.3 Limit on Referral Discounts
Only one referral discount may be redeemed per household. Marleybones reserves the right to investigate and decline referrals that appear to be linked to the same household, address, or payment details.
8.4 Discount Entitlement
The Buyer is entitled to receive one discount per successful referral. Referral discounts cannot be combined, accumulated, or used alongside any other offers, promotions, or discounts. The discount is non-transferable, has no cash value, and cannot be exchanged for any other benefit.
8.5 Misuse of the Refer a Friend Scheme
If the Buyer is found to be misusing the Marleybones Refer a Friend Scheme – including but not limited to creating multiple accounts, making fraudulent referrals, or engaging in any deceptive activity – Marleybones reserves the right to take appropriate action. This may include suspending or terminating the Buyer’s account, cancelling any pending or future referral discounts, and prohibiting them from participating in future Marleybones promotions, loyalty programs, or benefit schemes.
8.6 Withholding Referral Discounts
Marleybones retains the right to withhold or remove referral discounts if there is any suspicion of abuse, misconduct, or violation of these terms. Additionally, if a referred friend cancels or returns their order, any related referral benefits may be revoked.
8.7 Agreement to Terms
By participating in the Refer a Friend Scheme, both the referrer and the referred customer agree to these terms and conditions. Marleybones reserves the right to make final decisions on any disputes arising from the scheme.
9. Our Product
9.1 Product Packaging and Illustrations/Photographs
Product packaging may differ from what is shown on our site. Product images are for illustration purposes only, and colors may not be accurately represented.
9.2 Product Weight
Our product weights are set in accordance with UK weights and measures regulations. The “e” symbol printed next to the weight on our packs of food indicates "average weight."
For example, if the label states “390g e,” it means the packet of food may not always weigh exactly 390g, but the average weight should be 390g across all packets in the batch. This average is determined from the entire batch, with 3% of packs potentially being underweight but no more than 6% underweight.
Specifically, 3% of the batch can weigh 23.4g less than 390g. While there is no legal upper limit on weight, we set a maximum limit to prevent seal contamination.
Please note that weight can be lost due to moisture evaporation, and any variations in weight are accounted for in our standards.
9.3 Our Ingredients
We use natural ingredients to make our food products. The ingredients or methods may change for business reasons, and we reserve the right to make minor changes without prior notice.
9.4 Subscription Box Content
The number of beef, chicken, salmon, or lamb dishes in your order may vary. We may substitute different cuts of meat, which may affect protein levels. We’ll inform you of any major changes.
9.5 Allergen Advice
Our products may contain allergens. It is your responsibility to ensure that the food does not cause an adverse reaction. We cannot be held responsible for any allergic reactions.
9.6 Product Changes
From time to time, we may need to make changes to our products to ensure they comply with applicable laws and regulations. This could include changes to the ingredients, packaging, or labelling, among other things. We may also make minor technical adjustments to improve the quality and performance of our products. These changes could be based on customer feedback, technological advances, or other factors.
If we make any significant changes to our products, we will inform you in advance, giving you the opportunity to assess the impact and make necessary adjustments to your subscription. While we understand the importance of product consistency, we will always do our best to minimize disruptions or confusion caused by changes.
10. Delivery
10.1 Delivery Costs
Delivery charges will be displayed on our website, unless you are eligible for free delivery.
10.2 Delivery Method
During the ordering process, we will inform you of the expected delivery timeframe. Deliveries will be handled by our delivery partner, although some UK postcodes may not be eligible for next-day delivery. Proof of delivery may not always be required. We may refuse delivery to certain locations, but we will inform you during the registration process if delivery to your address is possible.
10.3 Delivery Schedule
For subscription products, your first shipment will be processed on the date you checkout. You can select the delivery dates for your first shipment during the ordering process or through your account page. Future deliveries will follow a regular schedule, which you can view and update in your Account page. This includes the cost of your next shipment and next expected order processing date. Delivery times may vary based on your location, stock availability, and the details provided in your account.
10.4 Delays Beyond Our Control
If delivery is delayed due to events outside of our control, we will inform you as soon as possible and take measures to minimize the impact. We are not responsible for delays caused by such events, but if a significant risk of delay arises, you may contact us to terminate the contract and receive a refund for any undelivered products.
10.5 Unable to Deliver
If no one is present at the delivery address, the product will be left in a safe place, if available. If no safe place is recorded, it will be left at the most suitable location at the address. Once the delivery is in transit, we cannot arrange for redelivery or change the delivery location. It is your responsibility to be available for delivery.
10.6 Failure to Re-arrange Delivery
If you fail to arrange for redelivery, we will contact you for further instructions and may charge for storage and additional delivery fees. If we cannot reach you or arrange for redelivery or collection, we may terminate the contract.
10.7 Missing Deliveries
Report any missing or undelivered deliveries by emailing us at hello@marleybones.com.
10.8 Product Shelf Life
Our food products have a shelf life of 18 months and should be consumed before the best before date. After delivery, you must store the products as recommended.
10.9 Information Requirement
We require certain information from you to deliver products, such as accurate delivery details. If you fail to provide this information, we may not be able to deliver your products.
10.10 Suspension of Product(s) or Order(s)
If we need to suspend a product or order, we will inform you in advance unless it is urgent or an emergency. If your product(s) or order(s) is suspended, we will adjust the price so you are not charged for any suspended product(s) or order(s).
11. Returns
11.1 Your Legal Rights
You have the legal right to change your mind and request a refund within 14 days of purchasing most products online. For full details on terms and exceptions, please view our Refund Policy: https://marleybones.com/policies/refund-policy.
12. Cancellation
12.1 Cancellation Right
You can delay or cancel your subscription at any time through your Account pages. For assistance with cancellation, please email hello@marleybones.com or visit your Account pages for more information.
12.2 Order Cancellation or Changes
To cancel your order, please do so through your account page before the cut-off time for the next shipment. The estimated shipment date for your upcoming orders can be found on your Account page. Your subscription must be canceled before the last date for changes, which is also indicated on your account page. Please note that orders will still be charged and delivered if your cancellation notification is received after this date.
12.3 Refusal by Us
We reserve the right to refuse or cancel orders at our discretion. If we do so, you will only be charged for orders that have already been shipped to you.
13. Conformity
13.1 Our Legal Duties
We have a legal duty to supply the products in conformity with this contract. Nothing in these Terms will affect your legal rights.
13.2 Your Rights as a Customer
The Consumer Rights Act 2015 states that goods must be as described, fit for purpose, and of satisfactory quality. For more information, please visit the Citizens Advice website at www.adviceguide.org.uk. It is not a failure to conform if the failure has its origin in your materials.
14. Our Liability and Recommendations
14.1 Feeding Guide
Our provided feeding guides and box recommendations are meant to serve as general references. As a pet owner, it is your responsibility to monitor your pet’s weight and health, and inform us of any changes that may affect your feeding plan. If you have any doubts, please consult with a veterinarian.
14.2 We Do Not Offer Prescription Diets
Marleybones does not offer prescription diets. If your dog has a medical condition diagnosed by a vet, it is recommended to check with your vet before feeding them Marleybones’ recipes. Marleybones cannot be held responsible for any allergic reactions caused by ingredients listed in the recipes. It is your responsibility to ensure you do not order a recipe that contains an ingredient your pet is allergic to.
14.3 Adverse Reactions
Marleybones cannot be held liable for any adverse reactions or consequences resulting from our food. If your pet has sensitivities, it is always recommended to speak to a vet before feeding them Marleybones’ recipes.
14.4 Medical Advice
Any advice given by Marleybones’ team members is general in nature and not specific to your pet. We always recommend speaking to your pet’s vet, who has a complete understanding of your pet’s medical history and can examine them in person. Nothing on our website or communicated by us or our representatives should be taken as medical advice. If you have any concerns about your pet’s weight and health, please consult with your vet.
14.5 Product Handling
Please be aware that Marleybones’ orders can be heavy, and extra care should be taken when accepting delivery and unpacking the contents of the order.
14.6 Price Changes
Marleybones reserves the right to change prices with a minimum notice of four weeks to our subscribers.
15. Excluding Liability
15.1 We Do Not Exclude Liability
Marleybones does not exclude liability for:
(i) Any fraudulent act or omission; or
(ii) For death or personal injury caused by negligence or breach of the Supplier’s other legal obligations.
Subject to this, Marleybones is not liable for:
(i) Loss that was not reasonably foreseeable to both parties at the time the Contract was made; or
(ii) Loss (e.g., loss of profit) to the Customer’s business, trade, craft, or profession, which would not be suffered by a Consumer – because Marleybones believes the Customer is not buying the Products wholly or mainly for their business, trade, craft, or profession.
16. Governing Law, Jurisdiction, and Complaints
16.1 Which Laws Apply to This Contract
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
16.2 Where You May Bring Legal Proceedings
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland, respectively. We try to avoid disputes, so we deal with complaints in the following way: If a dispute occurs, customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
17. Privacy
17.1 Your Privacy Is Critical to Us
We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
17.2 Other Policies
These Terms and Conditions should be read alongside and in addition to our policies, including our Privacy Policy, Refund Policy, and Cookie Policy.
17.3 Inquiries and Complaints
For any inquiries or complaints regarding data privacy, you can email: hello@marleybones.com.
18. Mobile Terms of Service
18.1 Service Overview
The Marleybones Limited mobile message service (the “Service”) is operated by Marleybones Limited (“Marleybones Limited”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
18.2 Consent to Receive Messages
By consenting to Marleybones Limited’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Marleybones Limited through your wireless provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
18.3 Voluntary Participation
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Marleybones Limited. Your participation in this program is completely voluntary.
18.4 Charges and Fees
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
18.5 Opt-Out Process
You may opt-out of the Service at any time. Text the single keyword command "STOP" to Marleybones or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Marleybones Limited mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
18.6 Service Support
For Service support or assistance, email hello@marleybones.com.
18.7 Changes to Short Code or Phone Number
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages.
18.8 Wireless Carrier Liability
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to update your details with your new number.
18.9 Liability for Failed or Delayed Delivery
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
18.10 Privacy
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
19. General Usage Terms
19.1 Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
19.2 Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
19.3 Third-Party Links
Certain content, products, and Services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
19.4 User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
19.5 Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
19.6 Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) For any unlawful purpose;
(b) To solicit others to perform or participate in any unlawful acts;
(c) To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) To submit false or misleading information;
(g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) To collect or track the personal information of others;
(i) To spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) For any obscene or immoral purpose; or
(k) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
20. Disclaimer of Warranties; Limitation of Liability
20.1 Disclaimer of Warranties
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
20.2 Limitation of Liability
In no case shall Marleybones, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, 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 the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
21. Indemnification and Severability
21.1 Indemnification
You agree to indemnify, defend, and hold harmless Marleybones and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
21.2 Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, with no impact on the validity or enforceability of the remaining provisions.
22. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).