TO HAVE AND TO GOLD/CATHERINE McCARTHY trading as RAINGOOSE DESIGN (‘RGD’) operates the website at www.tohaveandtogold.co.uk (the ‘Site’) and is hereinafter referred to as ‘RGD’ or ‘We’.
We set out the following terms and conditions (the ‘Terms’) to govern Your use of the Site. By using or visiting the Site, You expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site.
RGD reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. You should read the Terms carefully and ensure that You understand their effect before proceeding to use the Site. If You disagree with any part of the Terms, do not use the Site. If You violate these Terms, RGD may terminate Your use of the Site, bar You from future use of the Site, and/or take appropriate legal action against You.
1. Permitted use of the site
You may view Site pages, download Site pages for caching purposes only, and print Site pages (excluding images).
You agree that You are only authorised to visit, view and to retain a copy of pages of this Site for Your own personal use, and that You shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than this.
You may link to our home page, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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 website must not be framed on any other site.
You may create a link to our Site as permitted in writing by RGD only.
We reserve the right to withdraw linking permission without notice.
The content and software on this Site is the property of RGD and/or its suppliers and is protected by UK and international copyright laws.
2. Changes to our site
We may update our Site from time to time, and may change the content at any time. RGD does not warrant the validity and accuracy of content on the Site or that the material is kept up-to-date; or that it will be free from errors or omissions.
3. Prohibited use of the site
The following uses of the Site are strictly prohibited:
Any sale, licensing, rental, distribution and any publication, posting, framing, reverse engineering or modification of, or the making of derivative works therefrom.
You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without RGD’s express written consent.
You must not use the Site to transmit or send unsolicited commercial communications; or for any purposes related to marketing without our express written consent.
By breaching this provision, You could commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities.
4. Intellectual property and ownership
Unless otherwise stated, RGD or its licensors are the exclusive owners of the intellectual property rights in the Site and the material on the Site which are copyright protected and reserved to RGD.
All of the written correspondence and other documentation provided as part of any services provided to You is and remains the copyright of RGD.
Under no circumstances should any part of the RGD materials be reproduced, copied, re-sold, edited, published, transmitted or uploaded or passed on for free use by You in any way without RGD’s written permission.
Except as expressly stated in the limited licence provision of these Terms, RGD does not grant any express or implied right to You under any of its trademarks, copyrights or other proprietary information.
5. Privacy and confidentiality
RGD does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any content, search or link on it.
The Site and its content are delivered on an ‘as-is’ and ‘as-available’ basis.
RGD cannot ensure that files You download from the Site will be free of viruses or contamination or destructive features.
RGD disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose.
RGD will not be liable for any Losses of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages.
RGD disclaims any and all liability for the acts, omissions and conduct of any third party users in connection with or otherwise related to Your use of the Site.
7. Hyperlinks and search results
The Site may contain hyperlinks or produce search results that reference or link to third party websites. These are provided for Your ease of reference only and RGD does not endorse such websites or accept any responsibility for the content of such websites and cannot therefore guarantee, represent or warrant that the content contained in such sites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer.
By using the Site to search for, or link to, another website, You agree and understand that You may not make any claim against RGD for any Losses whatsoever, resulting from Your use of the Site to obtain search results or to link to another website.
8. Limitation of liability
Nothing in these Terms 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 English law.
To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to You for any Losses, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise for any loss of profits, loss of business, business interruption, depletion of goodwill and/or similar losses or loss or corruption of data or information or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses howsoever arising under these Terms (even if foreseeable), arising under, or in connection with, Your:
- use of, or inability to use, the Site; or,
- use of, or reliance on, any content displayed on the Site.
We will not be liable for any Losses caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Site or to Your downloading of any content on it, or on any website linked to it.
If it turns out that a particular clause is not enforceable, this will not affect any other clauses.
10. Third party rights
These Terms govern the relationship between the You and RGD and do not create any third party beneficiary rights.
11. Law and jurisdiction
All of these Terms are governed by English Law and any disputes arising in relation to the Terms and/or the Site are subject to the exclusive jurisdiction of the courts in England and Wales.