TERMS OF USE

 

BACKGROUND:

 

            These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.thefashionexpert.com (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of My Site and You will be required to read and accept these Terms of Use at checkout.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using My Site immediately.  These Terms of Use do not apply to the sale of goods.  Please refer to My Terms of Sale for more information <<insert link to Terms of Sale>>.

 

 

1. Definitions and Interpretation

   1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”

means an account required for a User to access and/or use certain areas of My Site, as detailed in Clause 4;

“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, My Site;

“User”

means a user of My Site;

“User Content”

means any content submitted to My Site by Users including, but not limited to blog comments.

“Me/My”

means Michelle Ramsay Design Limited - The Fashion Expert®, a company registered in England under 11252084, whose registered address is 10 Stadium Court, Stadium Road, Wirral, Bromborough, CH62 3RP. 

 

1. Information About Us

   1. Our Site, www.thefashionexpert.com, is owned and operated by Michelle Ramsay Design Limited - The Fashion Expert®, a limited company registered in England under 11252084, whose registered address is 10 Stadium Court, Stadium Road, Wirral, Bromborough, CH62 3RP.

 

1. Access to My Site

   1. Access to My Site is free of charge.

   2. It is your responsibility to make any and all arrangements necessary in order to access My Site.

   3. Access to My Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue My Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if My Site (or any part of it) is unavailable at any time and for any period.

 

1. Accounts

   1. Certain parts of My Site (including the ability to viewing courses or digital items purchased from us) may require an Account in order to access them.

   2. You may not create an Account if you are under 18 years of age.

   3. When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

   4. We recommend that you choose a strong password for your Account.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Me immediately at  info@thefashionexpert.com  We will not be liable for any unauthorised use of your Account.

   5. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

   6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and My obligations under the law, as set out in Clause 16.

   7. If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of My Site requiring an Account for access. You will no longer have access to courses or digital download available on your account.

   8. If you close your Account, any comments or review you have created on My Site can be deleted or anonymised by request on info@thefashionexpert.com.

 

1. Intellectual Property Rights

   1. With the exception of User Content (see Clause 6), all Content included on My 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 (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

   2. Subject to sub-Clauses 5.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from My Site unless given express written permission to do so by Me.

   3. You may:

      1. Access, view and use My Site in a web browser (including any web browsing capability built into other types of software or app);

      2. Download My Site (or any part of it) for caching;

      3. Print one copy of any page(s) from My Site;

      4. Download extracts from pages on My Site; and

      5. Save pages from My Site for later and/or offline viewing.

2. Our status as the owner and author of the Content on My Site (or that of identified licensors, as appropriate) must always be acknowledged.

3. You may not re-use any Content printed, saved or downloaded from My Site for commercial purposes without first obtaining a licence from Me (or My licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of My Site whether by business users or consumers.

 

1. User Content

   1. User Content on My Site includes (but is not necessarily limited to) Reviews or comments.

   2. An Account is required if you wish to submit User Content.  Please refer to Clause 4 for more information.

   3. You agree that you will be solely responsible for your User Content.  Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that all such User Content will comply with My Acceptable Usage Policy, detailed below in Clause 11.

   4. You agree that you will be liable to Me and will, to the fullest extent permissible by law, indemnify Me for any breach of the warranties given by you under sub-Clause 6.3.  You will be responsible for any loss or damage suffered by Me as a result of such breach.

   5. You retain ownership of your User Content and all intellectual property rights subsisting therein.  When you submit User Content you grant Me an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting My Site. In addition, you also grant Other Users the right to copy and quote your User Content within My Site.

   6. If you wish to remove User Content from My Site, the User Content in question will be deleted on request by emailing info@thefashionexpert.com.  Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of My reasonable control).

   7. We may reject, reclassify, or remove any User Content from My Site where, in My sole opinion, it violates My Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

   8. We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content.  Any such opinions, views, or values are those of the relevant User and do not reflect My opinions, views, or values in any way.

 

1. Links to My Site

   1. You may link to My Site provided that:

      1. you do so in a fair and legal manner;

      2. you do not do so in a manner that suggests any form of association, endorsement or approval on My part where none exists;

      3. you do not use any logos or trademarks displayed on My Site without My express written permission; and

      4. you do not do so in a way that is calculated to damage My reputation or to take unfair advantage of it.

2. You may link to any page of My Site.

3. Framing or embedding of My Site on other websites is not permitted without My express written permission.  Please contact Me at info@thefashionexpert.com for further information.

4. You may not link to My Site from any other site the main content of which contains material that:

   1. is sexually explicit;

   2. is obscene, deliberately offensive, hateful or otherwise inflammatory;

   3. promotes violence;

   4. promotes or assists in any form of unlawful activity;

   5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

   6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

   7. is calculated or is otherwise likely to deceive another person;

   8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

   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 7.4);

   10. implies any form of affiliation with Me where none exists;

   11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

   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.

 

1. Links to Other Sites

Links to other sites may be included on My 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 My Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

1. Liability and Disclaimers

   1. Insofar as is permitted by law, We make no representation, warranty, or guarantee that My 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.

   2. We make reasonable efforts to ensure that the Content on My Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning goods for sale through My Site.  Please refer to My Terms of Sale for more information <<insert link to Terms of Sale>>.

   3. To the fullest extent permissible by law, We 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) My Site or the use of or reliance upon any Content (including User Content) included on My Site.

   4. If you are a business user, We hereby exclude all implied conditions, warranties, representations or other terms that may apply to My Site or Content.  We will not be liable for any 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.

   5. If you are a consumer user, please note that My Site is intended for business use only, however, if as a result of My failure to exercise reasonable care and skill, any digital content from My Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.

   6. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of My 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.

   7. Nothing in these Terms of Use 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.

   8. The limitations of liability included in this Clause 9 apply only to the use of My Site and not to the sale of goods, which is governed separately by My Terms of Sale <<insert link to Terms of Sale>>.

 

1. Viruses, Malware and Security

   1. We exercise all reasonable skill and care to ensure that My Site is secure and free from viruses and other malware.

   2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

   3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via My Site.

   4. You must not attempt to gain unauthorised access to any part of My Site, the server on which My Site is stored, or any other server, computer, or database connected to My Site.

   5. You must not attack My Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

   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 We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use My Site will cease immediately in the event of such a breach.

 

1. Acceptable Usage Policy

   1. You may only use My Site in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:

      1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

      2. you must not use My Site in any way, or for any purpose, that is unlawful or fraudulent;

      3. you must not use My 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

      4. you must not use My Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

2. When submitting User Content (or communicating in any other way using My Site), you must not submit, communicate or otherwise do anything that:

   1. is sexually explicit;

   2. is obscene, deliberately offensive, hateful or otherwise inflammatory;

   3. promotes violence;

   4. promotes or assists in any form of unlawful activity;

   5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

   6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

   7. is calculated or is otherwise likely to deceive;

   8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

   9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);

   10. implies any form of affiliation with Me where none exists;

   11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or

   12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

3. We reserve the right to suspend or terminate your access to My Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:

   1. suspend, whether temporarily or permanently, your Account and/or your right to access My Site;

   2. remove any User Content submitted by you that violates this Acceptable Usage Policy;

   3. issue you with a written warning;

   4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

   5. take further legal action against you as appropriate;

   6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

   7. any other actions which We deem reasonably appropriate (and lawful).

4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

 

1. Privacy and Cookies

Use of My Site is also governed by My Cookie and Privacy Policies, available from https://742a8120-a1c7-4ec4-9c2a-100b2a3a2af9.filesusr.com/ugd/a8e352_88ab0e4de16f454d99f6e400b1443bec.pdf.  These policies are incorporated into these Terms of Use by this reference.

 

1. Changes to these Terms of Use

   1. We may alter these Terms of Use at any time.  If We do so, details of the changes will be highlighted at the top of this page.  Any such changes will become binding on you upon your first use of My Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

   2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

1. Contacting Us

To contact Us, please email Me at info@thefashionexpert.com or using any of the methods provided on My contact page at www.thefashionexpert.com/contact.

 

1. Communications from Us

   1. If we have your contact details (if, for example, you have an Account) we may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, My Terms of Sale, and changes to your Account.

   2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Me include an unsubscribe link. 

   3. For questions or complaints about communications from Me (including, but not limited to marketing emails), please contact Me at info@thefashionexpert.com or via www.thefashionexpert.com/contact.

 

1. Data Protection

   1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

   2. For complete details of My collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to My Privacy Policy <<insert link to Privacy Policy>> [and Cookie Policy <<insert link to Cookie Policy>>].

 

1. Law and Jurisdiction

   1. These Terms of Use, and the relationship between you and Me (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

   2. If you are a business, any disputes concerning these Terms of Use, 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 and Wales.