Terms of service
References to "we", "us" or "our" throughout www.divacatwalk.com ("the Website") are to Modernmove Limited t/a Diva. Access to and use of this Website and the products and search services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Goods supplied from the Website are supplied by Modernmove Limited t/a Diva, a company registered in England and Wales. Company registration number is 2252975 and VAT number is 5111305 17. Registered office address is at 21 Bedford Square, London, WC1B 3HH.
Your submission of an order represents an offer to purchase the Goods indicated by you and it is not binding on us until we have notified you that an order is accepted. All advertisements and communications are made by us until your order is accepted by us are invitations to treat only and are not offers. This means that if Goods are shown on the site but are not available or are incorrectly priced or otherwise incorrectly described, Diva shall not be obliged to sell you those goods.
When making a request you undertake that all details you provide to us requesting goods are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods. It is your responsibility to inform us of any changes to these details as soon as possible.
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person's trademarks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Diva Website.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software made available and content supplied to you remains the property of Modernmove Ltd t/A Diva, its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by Modernmove Ltd t/A Diva, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Modernmove Ltd t/A Diva site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by Modernmove Ltd t/A Diva, its licensors, advertisers or content suppliers. Diva and Diva Corsets trademarks belonging to Modernmove Limited t/a Diva. No license or consent is granted to you to use these marks in any way, and Diva reserves all rights in these and any related marks. You agree not to use these marks or any marks which are colourably similar without the written permission of Modernmove Limited t/a Diva.
DISCLAIMER OF LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
Unless expressly stated to the contrary to the fullest extent permitted by law Modernmove Ltd t/A Diva, its content providers, advertisers or linked sites shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this web site or the linked sites, even if Modernmove Ltd t/A Diva had been advised of the possibility of such damages and irrespective of whether such damages arise in contract, tort, equity, restitution, by statute, at common law or otherwise. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
You agree to indemnify, defend and hold harmless Diva, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Diva services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
VARIATION OF CONTENT
Diva shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the Diva Website.
Diva may at any time terminate or suspend any part of the Service without notice to you.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
GOVERNING LAW AND JURISDICTION
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Diva. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Diva.