Scrumpiesofmayfair.com (the “Website”) is owned and operated by Collaboration Horizontale Limited, a company incorporated and registered in Ireland with registered number 568525 and whose registered address (such entity to be referred to as “CH”). CH will be also referred to as “we”, “our” or “us”.
Changes to the terms and conditions will be effective immediately upon publication on the Website. Your continued use of the Website following such publication will represent an agreement by you to be bound by the Terms and Conditions as amended. It is your responsibility to be aware of the Terms and Conditions as they may be amended without notice to you.
2. Product representation
We aim to give an accurate representation of our products on the Website but due to differences in computer screens colours may not exactly match those of the actual product. From time to time CH may, in its sole discretion, adjust the manufacturing process to improve design or fit. This includes minor changes to design, fabric, embellishments and stitching technique. Such changes may not be reflected on the images shown on the Website.
3. The Site
The Terms and Conditions apply to all users of the Website, including users who contribute information, videos, and other materials or services to the Website. The Website may contain links to third party websites that are not owned or controlled by us. CH assumes no responsibility for the content, privacy policies, or practices of any third party websites. You use the information and links at your own risk. We make no representations or warranties as to any of the information appearing in relation to any linked third party websites. We do not recommend any products or services advertised on any third party websites. By using the Website, you specifically release CH from any and all liability arising from your use of any third party website.
The Website and its content are provided “as is” and except to the extent required by law, without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. The information on the website is for general information purposes only and does not constitute advice.
We do not represent or warrant that the information contained in the Website is accurate, complete or current, or that the Website will be uninterrupted or error free, or that any defects in the Website will be corrected or that the Website or the server that makes the Website available are free of bugs, viruses, malicious computer code or other forms of interference. Except to the extent required by law, we do not make any warranties or representations regarding the use of materials in the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
We reserve the right to suspend or withdraw the whole or any part of the Website at any time without notice and without incurring any liability.
4. Intellectual Property
The content on the Website except all User Content (as defined below), including the text, images, scripts, graphics, layout and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to CH, subject to copyright and other intellectual property rights under Irish, English and foreign laws and international conventions.
Content on the site is provided to you for your information and personal use only and may not be used, copied, reproduced, published, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, used for the purpose of creating derivative works from or otherwise exploited for any other purposes whatsoever without the prior written consent of CH. The use of any of the Content on any other website or networked computer environment is prohibited.
You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Content (as defined below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the site or the Content therein.
The use of our Marks on any other website or network computer environment, for example the storage or reproduction of (a part of) the website in any external internet website or the creation of links, hypertext, links or deep links between the website and any other internet website, is prohibited without our express written consent.
5. User Content
You understand that all postings, messages, text, files, photos, video, sounds, or other materials (all of which are referred to as “User Content”) posted on, transmitted through, or linked from the Website, are the sole responsibility of the person from whom such User Content originated. You understand that CH does not control, and is not responsible for User Content made available through the Website, and that by using the Website, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. CH makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any User Content.
CH does not and cannot review all User Content or other communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User Content and other communications and materials on the site, CH is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, CH reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to CH in its sole discretion.
You are solely responsible for any User Content contributed by you. User Content will not be treated as confidential. We reserve the right to edit or delete any User Content without notice, in whole or in part, at our sole discretion.
When submitting videos or pictures to our video or photography competitions, you hereby grant to us an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide licence (with the right to sublicence) to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and derivative works, and distribute your User Content for any purpose, commercial, advertising, or otherwise, in any media or distribution method (now known or later developed). You represent and warrant that CH is free to use the User Content, and implement any suggestions contained therein, if it so desires, as provided or as modified by CH, without obtaining permission or licence from any third party and without any compensation to you.
By submitting any User Content to or through our Website, you represent and warrant that such User Content (a) does not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; and (b) is not libellous or otherwise unlawful, abusive, or obscene.
6. Rules of Conduct
The following rules of conduct apply to your use of the Website and to any User Content you post on the Website.
You may not, in connection with the Website upload, post, email or otherwise transmit any User Content that:
- is libellous or defamatory, pornographic, sexually explicit, unlawful or plagiarised;
infringes or violates any patent, copyright, trademark, trade secret or other property right.
- breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene.
- is excessively violent, racially, ethnically or otherwise objectionable or offensive in any way.
- constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech.
- violates or encourages others to violate any applicable law, statute, ordinance or regulation.
- promotes software or services that deliver unsolicited e-mail; or contains bugs, viruses, malicious computer code or other forms of interference.
You may not, except with CH’s express advance authorisation or in a specially designated area, use the Website to:
- upload, post, email or otherwise transmit other peoples’ telephone numbers, street addresses, last names, URLs or email address; or engage in commercial activities within the Website.
- harm minors in any way; solicit personal information from anyone under 18.
- provide false or deceptive information.
- use the Website content to engage in commercial activities; delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; or allow usage by others in such a way as to violate the Terms and Conditions.
7. Further information for overseas customers
We allow for products to be paid for in pounds sterling, United States dollars and euros. The actual price charged to overseas customers paying with credit or debit cards issued in other currencies will be subject to the exchange rate applied by the customer’s credit or debit card company. Customers outside the United Kingdom will also be liable for any customs/import duty, quotas, permits, product restrictions and other local requirements. These charges must be paid by the recipient of the parcel. Customs policies vary widely from country to country, therefore you are advised to check the latest applicable local requirements in your country before placing an order.
8. Limitation of Liability
You use the Website at your own risk. You agree that you shall take precautions to ensure that the process you employ for accessing the Website does not expose you to the risk of bugs, viruses, malicious computer code or other forms of interference which may damage your own computer system.
In no event shall CH, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of CH, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our Website, (iv) any bugs, viruses, malicious computer code or other forms of interference, which may be transmitted to or through our Website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal basis, and whether or not we are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that CH shall not be liable for user content or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Website is controlled and offered by CH from its facilities in Ireland. CH makes no representations that the Website is appropriate or available for use in other jurisdictions. Those who access or use the Website from other jurisdictions do so at their own risk and are responsible for compliance with local law.
You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with the Terms and Conditions.
CH may terminate access to the Website and any CH account at any time without notice. Any disclaimer, limitation of liability and other rights arising under the Terms and Conditions will survive such termination.
You agree that CH shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
10. Governing Law
The Terms and Conditions shall be governed by Irish law and any disputes will be subject to the exclusive jurisdiction of the Irish courts.
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