1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“System” means any online communications facility that I make available on The Site either now or in the future. This may include, but is not limited to, contact forms, email, and live chat; and
“I/Me/My” means Jackie Lehane, Dagenham, Essex.
2. Information About Me
2.1 The Site, owned and operated by Jackie Lehane, Dagenham, Essex
2.2 I am registered with the Information Commissioner’s Office (ICO) under registration number ZA422197.
3. Access to The Site
3.1 Access to My Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access The Site.
3.3 Access to The Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue The Site (or any part of it) at any time and without notice. I will not be liable to you in any way if The Site (or any part of it) is unavailable at any time and for any period.
4. Intellectual Property Rights
4.1 All Content included on The Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by me. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
4.2 Subject to sub-Clause 4.3 you may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from The Site unless given express written permission to do so by Me.
4.3 You may:
4.3.1 Access, view and use The Site in a web browser (including any web browsing capability built into other types of software or app);
4.3.2 Download The Site (or any part of it) for caching;
4.3.3 Print one copy of any page from The Site;
4.3.4 Download extracts from pages on The Site; and
4.3.5 Save pages from The Site for later and/or offline viewing.
4.4 My status as the owner and author of the Content on The Site (or that of identified licensors, as appropriate) must always be acknowledged.
4.5 You may not use any Content saved or downloaded from The Site for commercial purposes without first obtaining a licence from Me (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of The Site for general information purposes whether by business users or consumers.
5. Links to The Site
5.1 You may link to The Site provided that:
5.1.1 You do so in a fair and legal manner;
5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on My part where none exists;
5.1.3 You do not use any logos or trademarks displayed on The Site without My express written permission; and
5.1.4 You do not do so in a way that is calculated to damage My reputation or to take unfair advantage of it.
5.2 You may not link to The Site from any other site the content of which contains material that:
5.2.1 is sexually explicit;
5.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
5.2.3 promotes violence;
5.2.4 promotes or assists in any form of unlawful activity;
5.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
5.2.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.2.7 is calculated or is otherwise likely to deceive another person;
5.2.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
5.2.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.2);
5.2.10 implies any form of affiliation with Us where none exists;
5.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
5.2.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
6. Links to Other Sites
Links to other sites may be included on The Site. Unless expressly stated, these sites are not under My control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on The Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
7. Use of Our System
7.1 You may use My System at any time to contact Me. Please note the following; you must not:
7.1.1 communicate in a way that is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.1.2 submit information that promotes violence;
7.1.3 submit information that promotes or assists in any form of unlawful activity;
7.1.4 submit information that discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
7.1.5 submit information that is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.1.6 submit information that is calculated or is otherwise likely to deceive;
7.1.7 submit information that is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.1.8 misleadingly impersonate any person or otherwise misrepresent your identity or affiliation in a way that is calculated to deceive;
7.1.9 imply any form of affiliation with Us where none exists;
7.1.10 infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
7.1.11 submit information in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.2 We may monitor any and all communications made using My System.
7.3 Any information that you send to Me through My System may be modified by Us and, by sending us such information, you waive your moral right to be identified as the author of that information.
7.4 Any personal information sent to Me, whether through Me System or otherwise (including but not limited to your name and contact details), will be collected, used and held in accordance with my Privacy Notice.
8.1 Nothing on The Site constitutes advice on which you should rely. It is provided for general information purposes only.
8.2 Insofar as is permitted by law, I make no representation, warranty, or guarantee that The Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
8.3 I make reasonable efforts to ensure that the Content on The Site is complete, accurate, and up-to-date. I do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
8.4 No part of The Site is intended to constitute a contractual offer capable of acceptance. No goods or services are sold through The Site and the details of services provided on The Site are provided for general information purposes only.
8.5 We make reasonable efforts to ensure that any and all pricing information shown on The Site is correct at the time of going online. We reserve the right to change prices at any time and may add or remove special offers and promotions from time to time. All pricing information is reviewed and updated every six (6) months.
8.6 Whilst every reasonable effort has been made to ensure that all representations and descriptions of my services correspond to the actual services available, minor variations or errors may occur.
8.7 We make no representation, warranty, or guarantee that my services shown on The Site will be available. Please contact Me if you wish to enquire as to the availability of any services.
9. Our Liability
9.1 To the fullest extent permissible by law, I accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) The Site or the use of or reliance upon any Content included on The Site.
9.2 To the fullest extent permissible by law, I exclude all representations, warranties, and guarantees (whether express or implied) that may apply to The Site or any Content included on The Site.
9.3 If you are a business user, I accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
9.4 I exercise all reasonable skill and care to ensure that The Site is free from viruses and other malware. I accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of The Site (including the downloading of any Content from it) or any other site referred to on The Site.
9.5 I neither assume nor accept responsibility or liability arising out of any disruption or non-availability of The Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9.6 Nothing in these Terms and Conditions excludes or restricts my liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. Viruses, Malware and Security
10.1 We exercise all reasonable skill and care to ensure that The Site is secure and free from viruses and other malware.
10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via The Site.
10.4 You must not attempt to gain unauthorised access to any part of The Site, the server on which The Site is stored, or any other server, computer, or database connected to The Site.
10.5 You must not attack The Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and I will cooperate fully with those authorities by disclosing your identity to them. Your right to use The Site will cease immediately in the event of such a breach.
11. Acceptable Use Policy
11.1 You may only use The Site in a manner that is lawful. Specifically:
11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
11.1.2 you must not use The Site in any way, or for any purpose, that is unlawful or fraudulent;
11.1.3 you must not use The Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
11.1.4 you must not use The Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
11.2 We reserve the right to suspend or terminate your access to The Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions. Specifically, I may take one or more of the following actions:
11.2.1 suspend, whether temporarily or permanently, your right to access The Site;
11.2.2 issue you with a written warning;
11.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
11.2.4 take further legal action against you as appropriate;
11.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
11.2.6 any other actions which I deem reasonably appropriate (and lawful).
11.3 I hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that I may take in response to breaches of these Terms and Conditions.
12. Privacy and Cookies
13. Changes to these Terms and Conditions
13.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of The Site after the changes have been implemented. You are therefore advised to check this page from time to time.
13.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
14. Contacting Us
15. Law and Jurisdiction
15.1 These Terms and Conditions, and the relationship between you and I (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
15.2 If you are a consumer, any dispute, controversy, proceedings or claim between you and I relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
15.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.