1. About These Terms 

1.1 These Website Terms of Use ("Terms") govern your access to, and use of any Website owned or operated by Popsoda Limited. 

1.2 By accessing, browsing, registering for an account or otherwise using any Website, you confirm that you have read, understood and agree to be bound by these Terms. 

1.3 If you do not agree with these Terms, you must not access or use the Website. 

1.4 These Terms apply whether you access the Website as: 

a) a guest; 

b) a registered user; 

c) a retail customer; 

d) a wholesale customer; or 

e) any other visitor to the Website. 

1.5 Where you purchase Goods or services through the Website, separate Retail Terms and Conditions of Sale or Wholesale Terms and Conditions of Sale will also apply. In the event of any conflict relating to the purchase of Goods, the applicable Terms and Conditions of Sale shall prevail. 

1.6 These Terms do not affect any statutory rights that cannot lawfully be excluded or limited. 

2. Other Applicable Policies 

2.1 Your use of the Website is also subject to any policies referred to on the Website from time to time, including where applicable: 

a) the Privacy Policy; 

b) the Cookie Policy; 

c) the Retail Terms and Conditions of Sale; 

d) the Wholesale Terms and Conditions of Sale; and 

e) any other policies or legal notices published on the Website. 

2.2 Where separate policies apply to particular products, services or Website functionality, those policies shall apply in addition to these Terms. 

2.3 Nothing in these Terms limits or replaces any rights or obligations contained within applicable legislation or any separate agreement between you and Popsoda. 

3. About Popsoda Limited 

3.1 These Websites are owned and operated by Popsoda Limited, a company incorporated and registered in England and Wales under Company Number 04933008, whose registered office is: 48–50 Fowler Road, Hainault Business Park, Ilford, Essex, IG6 3UT 

3.2 Popsoda Limited is registered for Value Added Tax in the United Kingdom under VAT Registration Number GB 626 2366 44. 

3.3 Throughout these Terms: 

"Popsoda", 

"we", 

"our", 

"us" 

mean Popsoda Limited. 

3.4 Website means any website, online store, wholesale ordering portal, customer portal, mobile application, digital platform or other online service owned or operated by Popsoda Limited, including (without limitation) www.hellbunny.com, www.chetrock.com, any wholesale ordering portal, and any replacement, successor or additional digital platforms operated by Popsoda Limited from time to time. 

3.5 If you need to contact us regarding these Terms or your use of the Website, please use the contact details published on the relevant Website. 

Popsoda may update its contact details from time to time without affecting the validity of these Terms. 

4. Changes to these Terms and Our Websites 

4.1 Popsoda may amend these Terms from time to time to reflect: 

a) changes in applicable law; 

b) regulatory requirements; 

c) changes to our business; 

d) improvements to Website functionality; 

e) technological developments; 

f) security requirements; or 

g) any other legitimate business reason. 

4.2 Updated Terms will be published on the Website together with the date on which they take effect. 

4.3 By continuing to use the Website after revised Terms have been published, you agree to be bound by the updated Terms. 

4.4 Popsoda may modify, suspend, withdraw or discontinue any part of the Website, including: 

• products; 

• services; 

• content; 

• functionality; 

• customer accounts; 

• ordering systems; 

• payment facilities; 

• loyalty programmes; 

• digital services; 

• mobile applications; 

• promotional features; or 

• any other Website functionality. 

4.5 Popsoda shall not be liable where Website content is temporarily unavailable due to maintenance, upgrades, security measures or circumstances beyond its reasonable control. 

5. Accessing Our Websites 

5.1 Access to the Website is provided on a temporary basis. 

5.2 Popsoda does not guarantee that the Website, or any content on it, will always be available, uninterrupted, secure or free from errors. 

5.3 Access to all or part of the Website may be restricted, suspended or withdrawn at any time without notice where reasonably necessary for operational, legal, commercial or security reasons. 

5.4 Certain areas of the Website may only be accessible to registered users, approved wholesale customers or other authorised users. 

5.5 You are responsible for ensuring that: 

a) your internet connection is suitable for accessing the Website; 

b) your devices are appropriately protected against malicious software; 

c) anyone accessing the Website through your internet connection complies with these Terms. 

5.6 The Website may be accessed internationally. 

However, Popsoda makes no representation that the Website, its content, products or services are appropriate, lawful or available in every jurisdiction. 

5.7 Access to certain products, services or Website functionality may be restricted in particular countries due to legal, regulatory, commercial or operational requirements. 

5.8 During periods of exceptionally high demand, including product launches, promotional events, seasonal sales or other significant events, access to the Website may be delayed, restricted or temporarily unavailable. 

Popsoda does not guarantee uninterrupted access during such periods and reserves the right to implement waiting rooms, purchase limits, traffic management measures or other systems designed to maintain the security, stability and fair operation of the Website. 

5.9 Nothing within these Terms guarantees the availability of any product displayed on the Website. 

Product availability remains subject to stock availability and the applicable Terms and Conditions of Sale. 

6. User Accounts and Security 

6.1 Certain areas of the Website may require you to create and maintain a customer account before you are able to access particular products, services or features. 

6.2 When creating an account, you agree to: 

a) provide accurate, complete and current information; 

b) keep your account information updated; 

c) maintain the confidentiality of your login credentials; 

d) notify Popsoda promptly if you believe your account has been accessed without your authorisation; and 

e) accept responsibility for all activities carried out using your account unless caused by Popsoda's negligence. 

6.3 You must not: 

a) share your login credentials with any other person; 

b) create accounts using false or misleading information; 

c) impersonate another individual or organisation; 

d) attempt to gain unauthorised access to another user's account; or 

e) create multiple accounts to circumvent purchase limits, promotional restrictions or other Website controls. 

6.4 Popsoda reserves the right to suspend, restrict or terminate any account where it reasonably believes: 

a) these Terms have been breached; 

b) fraudulent or unlawful activity has occurred or is suspected; 

c) false information has been provided; 

d) the security of the Website may be compromised; or 

e) continued access presents a legal, commercial or security risk. 

6.5 You remain responsible for maintaining appropriate security measures on any device used to access the Website. 

7. Intellectual Property Rights 

7.1 All Intellectual Property Rights on the Website and its content are owned by or licensed to Popsoda Limited. 

7.2 This includes, without limitation: 

• trademarks; 

• logos; 

• brand names; 

• product names; 

• clothing designs; 

• artwork; 

• prints; 

• graphics; 

• illustrations; 

• photographs; 

• videos; 

• animations; 

• website design; 

• page layouts; 

• software; 

• databases; 

• product descriptions; 

• text; 

• downloadable content; and 

• all other material published on the Website. 

7.3 Nothing in these Terms transfers ownership of any Intellectual Property Rights to you. 

7.4 You may access and use the Website solely for your personal, non-commercial use. 

7.5 Unless expressly permitted by law or by Popsoda in writing, you must not: 

a) reproduce; 

b) copy; 

c) distribute; 

d) publish; 

e) modify; 

f) adapt; 

g) commercially exploit; 

h) create derivative works from; or 

i) otherwise use 

any Website content without Popsoda's prior written permission. 

7.6 You must not remove, obscure or alter any copyright notices, trademarks, branding or proprietary notices appearing on the Website or any downloadable material. 

7.7 Nothing in these Terms grants any licence to use Popsoda's Intellectual Property except to the extent reasonably necessary to access and use the Website in accordance with these Terms. 

8. Acceptable Use 

8.1 You must use the Website lawfully, responsibly and in accordance with these Terms. 

8.2 You must not: 

a) use the Website for any unlawful purpose; 

b) interfere with the operation or security of the Website; 

c) introduce viruses, malware, ransomware or other malicious code; 

d) attempt to gain unauthorised access to any part of the Website or associated systems; 

e) overload, disrupt or impair the Website or its infrastructure; 

f) use automated software to interfere with the normal operation of the Website; 

g) use the Website to infringe the rights of Popsoda or any third party; 

h) upload unlawful, offensive, defamatory or misleading material; or 

i) engage in any activity likely to damage the reputation of Popsoda or its brands. 

j) use the Website, its content or any material obtained from it to develop, improve or train competing products, services or commercial databases without Popsoda's prior written consent. 

8.3 Popsoda may investigate suspected breaches of these Terms and may suspend or restrict access where reasonably necessary to protect the Website, its users or its business. 

9. User Content, Reviews and Social Media 

9.1 Where the Website permits reviews, comments, photographs, videos or other content to be submitted, you remain responsible for the content you provide. 

9.2 By submitting content to the Website, you confirm that: 

a) you own the content or have the necessary rights to submit it; 

b) the content is accurate to the best of your knowledge; 

c) it does not infringe the rights of any third party; 

d) it does not contain unlawful, offensive, defamatory, misleading or fraudulent material; and 

e) it complies with applicable law. 

9.3 By submitting content, you grant Popsoda a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display, adapt and distribute that content for the purposes of operating, promoting and improving the Website and Popsoda's business. 

9.4 Popsoda reserves the right to edit, moderate, refuse or remove any content where it reasonably believes that it: 

• breaches these Terms; 

• is false or misleading; 

• infringes Intellectual Property Rights; 

• contains offensive or unlawful material; 

• constitutes spam; or 

• may damage the reputation of Popsoda or its brands. 

9.5 Popsoda may use automated tools, including artificial intelligence technologies, to assist in detecting spam, fraudulent activity or content that may breach these Terms. 

9.6 Nothing in this Section requires Popsoda to monitor, publish or retain any user-generated content. 

10. Artificial Intelligence, Automated Access and Data Scraping 

10.1 You must not use any automated means to access or interact with the Website without Popsoda's prior written consent. 

10.2 Prohibited activities include, without limitation: 

a) web scraping; 

b) screen scraping; 

c) data mining; 

d) automated data extraction; 

e) automated purchasing; 

f) inventory monitoring through automated tools; 

g) price harvesting; 

h) excessive automated requests; 

i) bypassing security or access controls; or 

j) using bots or similar technologies to interfere with the operation of the Website. 

10.3 Unless expressly authorised by Popsoda in writing, Website content must not be copied, harvested or used for the purposes of training artificial intelligence systems, machine learning models, large language models or other automated technologies. 

10.4 You must not use automated technologies to circumvent waiting rooms, purchase limits, product launch controls or other security measures implemented by Popsoda. 

10.5 Popsoda reserves the right to block, restrict or suspend access from any user, device, network or automated system where it reasonably believes these Terms have been breached. 

10.6 Nothing in this Section prevents legitimate access by recognised search engines or other automated services authorised by Popsoda or permitted by applicable law. 

11. Website Availability and Liability 

11.1 Popsoda uses reasonable care and skill in maintaining the Website. However, the Website and all content made available through it are provided on an "as available" and "as is" basis. 

11.2 Whilst Popsoda makes reasonable efforts to ensure that information published on the Website is accurate, complete and up to date, we do not guarantee that: 

a) the Website will always be available; 

b) the Website will be uninterrupted; 

c) the Website will be free from errors or omissions; 

d) all content will always be current; or 

e) the Website will be compatible with every device, browser or operating system. 

11.3 Images, colours, product descriptions, sizing information and other Website content are provided for general guidance only. 

Whilst reasonable efforts are made to display products accurately, actual colours, textures and finishes may vary depending upon individual devices, display settings and manufacturing processes. 

11.4 Nothing on the Website constitutes professional, legal, financial or other advice and should not be relied upon as such. 

11.5 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for: 

a) death or personal injury caused by negligence; 

b) fraud or fraudulent misrepresentation; or 

c) any liability which cannot lawfully be excluded or limited. 

11.6 Subject to clause 11.5, Popsoda shall not be liable for any loss arising from: 

a) temporary Website outages; 

b) interruption of internet services; 

c) failures of third-party providers; 

d) delays caused by maintenance or upgrades; 

e) cyber incidents beyond Popsoda's reasonable control; 

f) reliance placed upon Website content; or 

g) circumstances beyond Popsoda's reasonable control. 

11.7 Nothing within this Section affects any rights you may have under applicable consumer legislation in relation to Goods purchased through the Website. 

12. Links to Third-Party Websites 

12.1 The Website may contain links to third-party websites, applications or online services for your convenience. 

12.2 Unless expressly stated otherwise, Popsoda does not endorse, approve or accept responsibility for: 

a) third-party websites; 

b) third-party content; 

c) third-party products or services; or 

d) the availability or security of third-party websites. 

12.3 Accessing any third-party website is entirely at your own risk and subject to that third party's own terms and policies. 

12.4 You may link to the Website only where such linking: 

a) is lawful; 

b) is fair; 

c) does not damage Popsoda's reputation; 

d) does not falsely suggest endorsement or association; and 

e) complies with applicable law. 

12.5 Popsoda reserves the right to require any unauthorised or inappropriate link to be removed. 

13. Website Security 

13.1 You must not knowingly: 

a) introduce malicious software; 

b) attempt to gain unauthorised access to the Website; 

c) interfere with Website security; 

d) attack the Website using denial-of-service or distributed denial-of-service attacks; 

e) probe, scan or test the vulnerability of the Website without Popsoda's prior written consent; or 

f) engage in any activity that may compromise the integrity or security of the Website. 

13.2 Popsoda reserves the right to investigate any suspected security incident and may cooperate with law enforcement authorities where appropriate. 

13.3 Where you become aware of a genuine security vulnerability affecting the Website, Popsoda encourages you to report it promptly using the contact details published on the Website. 

13.4 Nothing within this Section authorises any person to test or access Popsoda's systems without prior written permission. 

14. General Legal Provisions 

14.1 These Terms, together with any documents expressly referred to within them, constitute the entire agreement relating to your use of the Website. 

14.2 Popsoda may update these Terms from time to time in accordance with Section 4. 

14.3 If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions shall remain in full force and effect. 

14.4 Any failure or delay by Popsoda to exercise any right shall not constitute a waiver of that right. 

14.5 You agree that notices and other communications relating to these Terms may be provided electronically where permitted by law. 

14.6 Nothing within these Terms creates any partnership, agency, employment relationship or joint venture between you and Popsoda. 

14.7 Popsoda may introduce new digital services, artificial intelligence functionality, customer portals, mobile applications, loyalty programmes or other technologies from time to time. 

These Terms shall apply to such services unless separate terms are published. 

14.8 Nothing within these Terms excludes or limits any statutory rights that cannot lawfully be excluded or limited. 

15. Governing Law and Jurisdiction 

15.1 These Terms and any dispute arising from or relating to them shall be governed by the laws of England and Wales. 

15.2 If you are a consumer resident in England or Wales, the courts of England and Wales shall have jurisdiction. 

If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of your own jurisdiction where required by applicable law. 

15.3 If you access the Website as a business user, the courts of England and Wales shall have exclusive jurisdiction unless otherwise agreed in writing. 

15.4 If you have any questions regarding these Terms or your use of the Website, please contact Popsoda using the contact details published on the relevant Website.