These terms and conditions are the contract between you and Rachael Gunn (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
I / We are: Rachael Gunn. You can contact us on info[at]rachaelgunn[dot]com.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
These are the agreed terms
|“Content”||means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.|
|“Intellectual Property”||means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.|
|“Our Website”||means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.|
|“Post”||means place on or into Our Website any Content or material of any sort by any means.|
|“Services”||means all of the services available from Our Website.|
2.0 Your Account and Personal Information
2.1 When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
2.2 You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
2.3 You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
3.0 How We Handle Your Data
3.2 If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
3.3 Even if access to your data is behind a user registration, it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
3.4 You understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
3.5 You accept all risk and responsibility for determining whether any Posting is in the public domain and not confidential.
3.6 Please notify us of any security breach or unauthorised use of your account.
4.0 Restrictions On What You May Post to Our Website
4.1 We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
4.2 We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
4.3 You agree that you will not use or allow anyone else to use Our Website to Post, upload Content or undertake any activity which is or may:
4.3.1 be unlawful, or tend to incite another person to commit a crime;
4.3.2 consist in commercial audio, video or music files;
4.3.3 be obscene, offensive, threatening, violent, malicious or defamatory;
4.3.4. be sexually explicit or pornographic;
4.3.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
4.3.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
4.3.7 post Content on behalf of some other person, or impersonate another person;
4.3.8 use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
4.3.9 request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
4.3.10 be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
4.3.11 link to any of the material specified in this paragraph;
4.3.12 post excessive or repeated off-topic messages to any forum or group;
4.3.13 send age-inappropriate communications or Content to anyone under the age of 18.
5.0 Your Posting: Restricted Content
5.1 In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
5.2 In addition to the restrictions set out above, a Posting must not contain:
5.2.1 hyperlinks, other than those specifically authorised by us;
5.2.2 keywords or words repeated, which are irrelevant to the Content Posted.
5.2.3 the name, logo or trademark of any organisation other than yours.
5.2.4 inaccurate, false, or misleading information;
6.0 Removal of Offensive Content
6.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
6.2 We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
6.3 If you are offended by any Content, the following procedure applies:
6.3.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by email.
6.3.2 we shall remove the offending Content as soon as we are reasonably able;
6.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
6.3.4 we may re-instate the Content about which you have complained or not.
6.4 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
6.5 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
7.0 Our Website: Moderated Content
7.1 Whatever the age of consent in your country, we are anxious that our users should be protected from unsuitable Content. To protect you and your children, you should know our policy, which is as follows:
7.2 Insofar as Content relates to children, our volunteers have checked both the entries, and, where relevant, the links.
7.3 We do not knowingly collect personal information from any person under the age of 18 years.
7.4 Any person of any age may freely access any page of Our Website. We do not check identities or moderate Content beyond our reasonable control.
7.5 It is you, not we, who provide access to Our Website for the children in your care. It is for you to check that the Content your children might see is suitable for them.
7.6 Where links are concerned, you may like to check the privacy policies of those sites where your children might visit frequently to see how they collect and use information.
7.7 Filter software may also be useful to you.
7.8 You acknowledge that we are not responsible for Content that anyone has placed on Our Website for the content of the site accessible by a link from Our Website.
7.9 You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.
8.0 Security of Our Website
8.1 If you violate Our Website, we shall take legal action against you.
8.2 You now agree that you will not, and will not allow any other person to:
8.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
8.2.2 link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
8.2.3 download any part of Our Website, without our express written consent;
8.2.4 collect or use any product listings, descriptions, or prices;
8.2.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
8.2.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
8.2.7 share with a third party any login credentials to Our Website;
8.3 Despite the above terms, we now grant a licence to you to:
8.3.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
8.3.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
9.0 Intellectual Property
9.1 You agree that at all times you will:
9.1.1 not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
9.1.2 notify us of any suspected infringement of the Intellectual Property;
9.1.3 so far as concerns software provided or made accessible by us to you, you will not:
184.108.40.206 copy, or make any change to any part of its code;
220.127.116.11 use it in any way not anticipated by this agreement;
18.104.22.168 give access to it to any other person than you, the licensee in this agreement;
22.214.171.124 in any way provide any information about it to any other person or generally.
9.1.4 not use the Intellectual Property except directly as intended by this agreement or in our interest.
10. Disclaimers and Limitation of Liability
10.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.
10.2 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warranty or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
10.3 Our Website includes Content Posted by third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the Contact us page on Our Website.
10.4 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
10.5 Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
10.6 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
10.7 We accept no responsibility for:
10.7.1 third party advertisements which are posted on Our Website or through the Services;
10.7.2 the conduct, whether online or offline, of any user of Our Website or the Services;
10.7.3 failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services.
10.8 You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
10.9 Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of [£1,000].
10.10 We shall not be liable to you for any loss or expense which is:
10.10.1 indirect or consequential loss; or
10.10.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
10.11 This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017) as well as to us.
11.0 You indemnify us
11.1 You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
11.1.1 your failure to comply with the law of any country;
11.1.2 your breach of this agreement;
11.1.3 a contractual claim arising from your use of the Services
11.1.4 any Content you Post to Our Website;
11.1.5 a breach of the intellectual property rights of any person.
12.0 Miscellaneous Matters
12.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
12.2 If you are in breach of any term of this agreement, we may:
12.2.1 terminate your account and refuse access to Our Website;
12.2.2 remove or edit Content, or cancel any order at our discretion;
12.2.3 issue a claim in any court.
12.3 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
12.4 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:
12.4.1 if delivered by hand: on the day of delivery;
12.4.2 if sent by post to the correct address: within 72 hours of posting;
12.4.3 If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
12.5 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
12.6 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
12.7 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
12.8 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.