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WEBSITE TERMS OF USE

 

Thank you for visiting our website.  This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.emmadickidesign.com (our site), whether as a guest or a registered user.  Please read these terms of use carefully before you start to use the site.  By using our site and/or placing an order, you indicate that you accept these terms and conditions of use and that you agree to abide by them.  If you do not agree to these terms of use, please refrain from using our site.  Before you place an order, if you have any questions relating to these terms and conditions please contact Emma Dickie at emma@emmadickiedesign.co.uk.

 

DEFINITIONS

 

These terms of use refer to the following additional terms, which also apply to your use of our site:

 

  • Our Security and Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.  This policy also contains our Cookie Policy which sets out information about the cookies on our site.​

 

If you purchase goods from our site, our Terms and Conditions of Sale will apply to sales.

 

INFORMATION ABOUT US

 

www.emmadickiedesign.com is a site operated by EMMA DICKIE DESIGN, the trading name of EMMA DICKIE, a sole trader established in Scotland. Our address is 136 Easter Bankton, Livingston EH54 9BH.

 

ACCESSING OUR SITE

 

Access to our site is permitted in accordance with these terms and conditions and our terms of registration.  We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.  Access to our site is permitted on a temporary basis.  We may suspend, withdraw, discontinue or change all or any part of our site without notice.  We will not be liable to you if for any reason our site is unavailable at any time or for any period.

 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential.  You must not disclose it to any third party.

 

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

 

If you know or suspect that someone else knows your user identification code or password, you must promptly notify us immediately by emailing Emma Dickie at emma@emmadickiedesign.co.uk. 

 

When using our site, you must comply with the provisions of our acceptable use policy set out below.

 

You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

INTELLECTUAL PROPERTY RIGHTS

 

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  These works are protected by copyright laws, database rights and other intellectual property rights.  All such rights are reserved.

 

Our status (and that of any identified contributors) as the authors of the content on our site must always be acknowledged.

 

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

If you use any material appearing on our site in a way that breaches these terms and conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

NO RELIANCE ON INFORMATION

 

The content on our site is provided for general information only.  It is not intended to amount to advice on which you should rely.  You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

 

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

 

ACCEPTABLE USE POLICY

 

You may use our site only for lawful purposes.  You may not use our site:

 

  • For the purpose of disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise in any way that breaches any applicable, local, national or international law or regulation.

 

  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

 

  • For the purpose of interfering with any other person’s use or enjoyment of the site.

 

  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.  You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

 

By breaching this provision, you would commit a criminal offence.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use our site will cease immediately.

 

You also agree not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms and conditions.

 

You will be responsible for our losses and costs resulting from your breach of these conditions.

 

SUSPENSION AND TERMINATION

 

We will determine, in our discretion, whether there has been a breach of our acceptable use policy through your use of our site.  When a breach of policy has occurred, we may take such action as we deem appropriate.

 

Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

 

  • Immediate, temporary or permanent cancellation of your registration.

 

  • Issue of a warning to you.

 

  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

 

  • Further legal action against you.

 

  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

 

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any action we reasonably deem appropriate. 

 

AVAILABILITY OF THE SITE

 

We cannot guarantee that our site will be fault-free.  If a fault occurs with our site you should report it to us by contacting Emma Dickie at emma@emmadickiedesign.co.uk and we will attempt to correct the fault as soon as we reasonably can.

 

Your access to the site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.  We will attempt to restore the service as soon as we reasonably can.

 

DISCLAIMER OF LIABILITY

 

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of Scotland.  To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

 

  • All conditions, warranties and other terms which might otherwise be implied by statute or common law;

 

  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

 

  • loss of income or revenue;

 

  • loss of business;

 

  • loss of profits or contracts;

 

  • loss of anticipated savings;

 

  • loss of data;

 

  • loss of goodwill;

 

  • wasted management or office time; and

 

for any other loss or damage of any kind, however arising and whether caused by negligence, breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

 

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

 

We process information about you in accordance with our Security and Privacy Policy.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

LINKING TO OUR SITE

 

You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.

 

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.  We reserve the right to withdraw linking permission without notice.  The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy contained within these terms and conditions.

 

If you wish to make any use of material on our site other than that set out above, please address your request to us using the contact form on our website.

 

LINKS FROM OUR SITE

 

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

 

JURISDICTION AND APPLICABLE LAW

 

The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.  We will try to resolve any disagreements quickly and efficiently.

 

These terms of use 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 Scotland.

 

We make no promise that materials on our site are appropriate or available for use in locations outside the United Kingdom, and accessing the site from territories where its contents are illegal or unlawful is prohibited.  If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

 

CHANGES TO THESE TERMS

 

We may revise these terms of use at any time by amending this page.  Please ensure that you check this page from time to time to take notice of any changes we made, as they are binding on you.  Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.

 

CHANGES TO OUR SITE

 

We may update our site from time to time, and may change the content at any time.  However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

 

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

 

MISCELLANEOUS

 

You may not transfer any of your rights under these terms and conditions to any other person.  We may transfer our rights under these terms and conditions to another business where we reasonably believe your rights will not be affected.

 

If you breach these terms and conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the terms and conditions.

 

We shall not be responsible for any breach of these terms and conditions caused by circumstances beyond our reasonable control.

 

If you have any concerns about material which appears on our site, please contact us using the contact form on our website. 

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