IMPORTANT LEGAL NOTICE
This page (together with the documents referred to on it) tells you the terms and conditions on which We sell any of the products (Products) listed on our website www.boohoo.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site.
You should print a copy of these terms and conditions for future reference.
Your attention is drawn to clauses 5, 6, 9 and 11.
- INFORMATION ABOUT US
- www.boohoo.com is a site operated by Boohoo.com UK Limited (“We”). We are registered in England and Wales under company number 05723154 and with our registered office at 49/51 Dale Street Manchester England M1 2HF. Our UK VAT number is 185 4874 61. Our Dutch VAT number is NL823728651B01. Our email address is: email@example.com.
- SERVICE AVAILABILITY
- We only accept orders from individuals in the UK, European Economic Area ("EEA") (the "Serviced Countries") USA, Canada, Australia, New Zealand and United Arab Emirates.
- Some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on our delivery page. Delivery Details.
- All statutory consumer rights referred to in this agreement and our Returns Policy apply only to consumers who are domiciled in the UK or the EEA at the time of contracting with us.
- YOUR STATUS
- By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old; and,
- you are resident in one of the Serviced Countries.
- By placing an order through our site, you warrant that:
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- After placing an order, you will receive an e-mail from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when We send you the Dispatch Confirmation.
- We will not process your order until payment has been received in full in accordance with the provisions of clause 7.
- If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our Returns Policy.
- The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
- We are entitled to refuse any order made by you for any reason.
- When making a request you undertake that all details you provide to us requesting goods or services 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 and services. It is your responsibility to inform us of any changes to these details as soon as possible.
- YOUR RIGHT TO CANCEL THE CONTRACT
- If you are an EEA customer you have a right to cancel a Contract under the Consumer Contracts Regulations at any time within 14 calendar days ("the Cancellation Period").
- In the case of an order for a single Product, the Cancellation Period begins on the day after you received the Product.
- In the case of an order for multiple Products, the Cancellation Period begins on the day after you received the last Product in your order (in the event that the Products are delivered on different dates). If the Products are delivered on the same day, the Cancellation Period begins from the day after the Products are delivered.
- For further information how to cancel a contract and when your statutory cancellation rights may or may not apply please see our Returns Policy.
- As an alternative to using your rights under the Consumer Contracts Regulations you may wish to return an item using our free UK returns service. For further information on returns please see our Returns Policy.
- YOUR RIGHT FOR A REFUND
- If you return your order to us in accordance with our Returns Policy you will receive a full refund of the price paid for the Products within 14 days ("the Refund Period").
- If you are an EEA customer and cancel your contract within the Cancellation Period you will receive a full refund of the price paid for the products within the Refund Period.
- The Refund Period starts from the day after We receive the Products back from you, or (if earlier) the day on which you provide Us with evidence you have returned the Products.
- Please note We can deduct from your refund for damage or wear and tear where you have used (or excessively handled) the Products and this results in the value of the Products being diminished.
- We refer you to our Returns Policy for more information on returns and refunds.
- AVAILABILITY AND DELIVERY
- Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then without undue delay.
- In any event, delivery will take place no more than 30 calendar days after the day on which a Contract is entered into.
- PRICE AND PAYMENT
- The price payable for the Products shall be as shown on the Website. Prices advertised on the Website include UK VAT but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance. Delivery Details.
- Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
- Prices are subject to change without notice but changes will not affect orders which We have already accepted.
- Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a miss-pricing
- Payment for all Products must be by credit or debit card. We accept payment with VISA, VISA DEBIT, MASTERCARD, SOLO, MAESTRO and ELECTRON. We also accept payments via PAYPAL.
- The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
- Only one promotion code can be used per order.
- OUR LIABILITY
- If We do not deliver or if the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
- make good any shortage or non-delivery or incorrect delivery; or
- replace or repair any Products that are damaged or defective; or
- refund to you the amount paid by you for the Products in question
- We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
- Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
- Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which We are not permitted to exclude or limit as a matter of law.
- Nothing in this contract shall exclude or limit your statutory rights.
- A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
- If We do not deliver or if the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
- INTELLECTUAL PROPERTY RIGHTS
- All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
- You agree to indemnify, defend and hold harmless Boohoo.com UK Limited, 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 breach of these terms and conditions, 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.
- IMPORT DUTY
- If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
- WRITTEN COMMUNICATIONS
- Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- All notices given by you to us must be given to us at firstname.lastname@example.org . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- 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
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
- If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
- ENTIRE AGREEMENT
- These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which We may decide.
- You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- LAW AND JURISDICTION
- These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts.
- AFTER- SALE SERVICE
- Questions, comments or requests regarding these terms and conditions or our Products should be addressed to email@example.com.
- If you have any complaints these should be addressed in writing to Boohoo. Boohoo PO Box 553, BURNLEY, BB11 9GD
Boohoo – annual subscription for unlimited free next day delivery
• Cost - Boohoo Premier costs £9.99.
• Subscription – you can subscribe to Boohoo Premier from your desktop, tablet, mobile or android device. You cannot subscribe to Boohoo Premier from the Boohoo App but you can use your Boohoo Premier subscription when shopping on the Boohoo App.
• Membership – Boohoo Premier is valid for 12 months and is only available to individuals residing in the UK.
• Boohoo Account - you must have a registered Boohoo customer account and be logged in to your customer account to use Boohoo Premier.
• Availability - Boohoo Premier is available for delivery to UK addresses and the below postcode restrictions apply:
AB (All), BT (All), DD (All), DG (All), FK (All), IV (All), KA (All), KW (All), KY (All), ML (All), PA (All), PH (All), TD (All), GY ( All), HS ( All), IM ( All), JE (All), TR21, TR22, TR23, TR24, TR25, ZE1, ZE2, ZE3
The service in the following areas may take 3 – 5 working days:
Channel Islands, Highlands & Islands of Scotland, Shetlands.
• Orders – you must place your order in accordance with Boohoo’s Next Day Delivery timescales. The UK Next Day Evening Delivery service (10pm to midnight) is expressly excluded from Boohoo Premier.
• Unlimited – you can order with Boohoo Premier as many times as you like.
• Delivery - Boohoo reserves the right to alter the delivery service valid in this promotion at any time; in this case you will be offered the delivery service available at that time free of charge.
• Terms & Conditions – You are responsible for using Boohoo Premier in accordance with the terms and conditions. Any breach will result in termination of your membership and no refund will be given. Boohoo reserves the right to accept or refuse membership and to change any terms and conditions at its discretion. Boohoo will inform you of any significant changes to these terms and conditions. All other applicable Boohoo terms and conditions apply.
• Personal use only - Boohoo Premier is for personal use only.
• Delay outside of our control - Boohoo will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond Boohoo’s reasonable control.
• Termination - We may decide to terminate your Boohoo Premier account and you will be given a prorated refund based on the number of whole months remaining in your membership. We will not give any refund for termination related to conduct that we determine, in our discretion, violates these terms or any applicable law, involves fraud or misuse, or is harmful to Boohoo’s interests or another user.
PROMOTION TERMS AND CONDITIONS
Official boohoo promotion codes entitle you to an offer on your online order from www.boohoo.com. To utilise your promotion code, click the "redeem a promotion code" button on the order summary page and enter the specific code.
Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Promotion codes are territory specific, remain our property, are not transferable and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative. Promotion codes and related offers are not open to employees of boohoo.com and we reserve the right to withdraw them and refuse or restrict any order at any time.
Promotion codes are only valid on boohoo.com for payments made by residents of the United Kingdom and Ireland in Sterling, where enabled, Euros, US or Australian dollars. Payment by Euros, US or Australian dollars can be enabled by selecting the appropriate flag in the dropdown currency selection menu in the top right-hand corner on the homepage.
Goods are supplied subject to our terms and conditions, all details can be found here:
TERMS & CONDITIONS RELATING TO BOOHOO’S VALENTINES DAY COMPETITION
The promoter of Boohoo’s ‘Valentine’s day comp’ prize draw ("Prize Draw") is Boohoo.com UK Limited of 49/51 Dale Street, Manchester M1 2HF ("Promoter").
1.1. This Prize Draw is open to individuals residing in the UK over the age of 18 only.
1.2. Employees of the Promoter or any associated company and their immediate family, as well as sponsors of the Prize Draw and their employees, and judges of the Prize Draw and their immediate family, or anyone else involved in the organisation of the Prize Draw, may not enter the Prize Draw.
1.3. Entrants will require access to the internet to enter the Prize Draw.
1.4. Entrants must have their own www.boohoo.com customer account in order to claim the Prize (as defined below).
2. How to enter
2.1. boohoo will promote the competition in email and on facebook, Instagram and twitter across the 14 day period
2.2. To enter the Prize Draw entrants must click through the link in the Email slice or social posts and enter their details in the entry form and click ‘submit’ ("Entry" or “Entries”).
2.3. Only one Entry is permitted per person. If you make more than one Entry, only your first Entry will be counted.
2.4. Entries can only be made between 9:00am (BST) 6th February 2017 – 11:59pm (BST) 20th February 2017 ("Prize Draw Period").
2.5. Entries received after the end of the Prize Draw Period will not be valid.
2.6. No bulk, third party or automated Entries are permitted.
2.7. All entrants (including the Winner) must comply with any reasonable directions given to him or her by the Promoter in connection with the Prize Draw. Failure to comply with such directions may result in an invalid Entry and/or withdrawal of the Prize.
3. Winner selection and contact
3.1. The Promoter will select at random one (1) winning Entry made during the Prize Draw Period.
3.2. No correspondence will be entered into in respect of any decision made in connection with this Prize Draw.
3.3. Within one (1) week after the end of the Prize Draw Period the Promoter will;
3.3.1. E-mail the winning entrants and ask the winning entrants (the “Winners”) to provide the Promoter, via email, with details of their name, address and email address ("Details").
3.3.2. Once the Details have been provided in the manner stipulated herein, the Promoter will arrange for the Prize (as defined in Clause 4.1) to be delivered to the Winner’s address.
3.4. If the Winner(s) fail to provide their Details to the Promoter or does not set up a www.boohoo.com customer account within 48 hours of the Promoter sending an E-mail to the Winner(s) in accordance with clause 3.3.1, then the Promoter acting in its absolute discretion may make further attempts to contact the Winner; and/or withdraw the Prize from the Winner.
3.5. If a Prize is declined by the Winner or is withdrawn from the Winner by the Promoter under these Terms and Conditions the declining or forfeiting Winner will continue to be subject to the provisions of these Terms and Conditions and the Promoter may offer that Prize to a new Winner selected randomly in accordance with this clause 3.
The 1 winner will win 1x LG 49” HD TV, 1x LG Blu-ray and DVD Player, 1x LG 320w Soundbar with Wireless Subwoofer, Secure delivery in mainland UK and France (Travel prizes in UK and abroad protected - Element London ATOL 10207/ABTA Y2441)
4.1. The Prize is non-transferable and non-refundable and the Winner cannot request any alternative prize (cash or otherwise).
4.2. There is one (1) Prize available.
5. Winner publicity
5.1. The Promoter reserves the right to publish the Winner's name on the Promoter’s official social media accounts, including Twitter, Instagram and Facebook and on its website found at www.boohoo.com.
5.2. The Promoter reserves the right to disclose the name of the Winner in response to requests submitted
5.3. By entering the Prize Draw, you agree (if you are the Winner) to your Entry being published in accordance with clauses 5.1and 5.2 and to take part in and co-operate fully with all reasonable publicity accompanying or resulting from this Prize Draw without further recompense.
6. Entry requirements
6.1. Any Entry that is deemed by the Promoter, in its sole discretion, to be unlawful, obscene, vulgar, pornographic, hateful, threatening, discriminatory, offensive, or which may otherwise bring the Prize Draw or Promoter into disrepute, or which does not comply with these Terms and Conditions, will be excluded from the Prize Draw and the Promoter reserves the right to take any further action in respect of such Entry that it deems appropriate (including without limitation the withdrawal of any Prize awarded to that entrant).
6.2. The Promoter will fully co-operate with any law enforcement authorities or court order requesting or directing the Promoter to disclose the identity of or to locate anyone posting or linking any content to its website which infringes any third party rights or is in breach of any of these Terms and Conditions or any applicable law.
7.1. Except for death or personal injury caused by negligence of the Promoter or its agents or representatives or for fraud or fraudulent misrepresentation, neither the Promoter, nor its agents or representatives assume responsibility for:
7.1.1. any Prize that is not redeemed;
7.1.2. any personal property;
7.1.3. any loss of enjoyment or wasted expenditure;
7.1.4. any system failures or malfunctions of any third party websites;
7.1.5. any incomplete, lost, delayed or late Entries;
7.1.6. any failure to fulfil obligations of any third parties involved in this Prize Draw;
7.1.7. any fault, malfunction, damage, loss or disappointment suffered by the participants in the Prize Draw howsoever arising from participating in the Prize Draw;
7.1.8. communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this Prize Draw;
7.1.9. inaccessibility or unavailability of the internet, or any website (including without limitation any social media web sites) or any combination thereof through dial up, broadband, mobile internet or WAP connections;
7.1.10. any injury or damage to a participant which may be related to or arising from the Prize Draw or the Prize;
7.1.11. if for any reason the Prize Draw or any website in connection with the Prize Draw is not capable of running as planned for reasons which may include without limitation, infection by computer, virus, tampering, unauthorised intervention, fraud, technical failures or any other causes which may corrupt or affect the administration security, fairness, integrity or proper conduct of this promotion; and/or
7.1.12. any other matter outside of their reasonable control.
7.2. Nothing in these Terms and Conditions affects your statutory rights.
7.3. To the extent permitted by law, all conditions, warranties and other terms which might otherwise be implied by statute or common law are expressly excluded from these Terms and Conditions.
7.4. The Winner agrees to indemnify and keep indemnified the Promoter, its group of companies and their officers, employees and agents from and against all liabilities, losses, damages and expenses (including legal and other professional fees) arising out of or in connection with any allegations or claims resulting directly or indirectly from:
7.4.1. their Entry into this Prize Draw; and/or
7.4.2. their receipt and use of any Prize.
8.1. The Promoter reserves the right to cancel or amend the Prize Draw or these Terms and Conditions if it has reasonable grounds for doing so. Any changes to the Prize Draw or these Terms and Conditions will be announced by the Promoter on the website.
8.2. By entering the Prize Draw you accept these Terms and Conditions.
8.3. Any person who provides their Details to the Promoter in connection with this Prize Draw:
8.3.1. accepts these Terms and Conditions; and
8.3.2. agrees that the Promoter may use their personal data:
(a) for the purpose of administration of the Prize Draw (including publishing the name of the Winners and any administration relating to the Prize); and
(b) any other purpose for which they have consented.
8.5. Without prejudice to clause 6.1, the Promoter reserves the right to exclude any Entry from the Prize Draw (and withdraw any Prize that may have been awarded in respect of such Entry) if it deems it to be ineligible or otherwise invalid and the Promoter shall have complete discretion in this respect.
8.6. No responsibility can be accepted for lost Entries or incomplete Entries. Proof of Entry is not proof of receipt.
8.7. If any provision of these Terms and Conditions (or part of any provision) is found by any court or other competent authority to be invalid, unenforceable or illegal, the other provisions shall remain in force.
8.8. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Promoter.
8.9. No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law or any abandonment of any such right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy.
8.10. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
8.11. For the name of the Winners or for a copy of these Terms and Conditions please send a stamped addressed envelope together with your written request to ‘Easter Competiton’, Boohoo Marketing, 49-51 Dale Street, Manchester, M1 2HF.
8.12. The Prize Draw, these Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim which may arise out of or in connection with the Prize Draw or these terms.