PRIVACY POLICY
Last updated 24th January 2022
Let’s keep this simple! Protecting your privacy is utmost important to us, ensuring you feel safe when you visit and/or buy from our website.
These terms are the ways in which we and our website collects, uses, discloses and manages the data from it’s visitors and customers, ensuring we have complied with our legal requirements to protect our visitors and customer’s privacy. ​
1. What type of information do we collect?
1.1 We collect personal information about you through various channels. The types of information we collect include:
1.1.1 Contact information;
1.1.2 Email addresses, username, password and personal profile information;
1.1.3 Payment information (such as your payment card number, expiration date, authorisation number or security code, delivery address, and billing address);
1.1.4 Any customer service information such as inquiries and comments;
1.1.5 Photographs, comments and other content you may provide to us;
1.1.6 Purchase history and purchase and transaction information;
1.1.7 Personal identification information such as name, email, password;
1.1.8 Comments, feedback and product review;
1.1.9 We may use software tools to measure and collection session information, including page response times, lengths of visits to certain pages, page interaction information and methods used, browsing actions and usage patterns; and
1.1.10 Information we may obtain from third-party service providers such as Google Analytics.
2. How do we collect information?
2.1 When you conduct a transaction on our website
2.2 When you pre-order any products via our stalls and markets at events.
2.3 Your personal information you give to us such as name, address, telephone number and email address. Your personal information will be used for specific reasons stated in this policy only.
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3. Why do we collect such information?
3.1 We collect such non-personal and personal information for the following purposes:
3.1.1 To improve our services;
3.1.2 To provide various products and and operate services to you;
3.1.3 To provide you with ongoing customer assistance and technical support;
3.1.4 To be able to contact you and our visitors with general or personalised service-related notices and promotional messages;
3.1.5 To create aggregated statistical data and other aggregated and/or inferred non-personal Information, which we or our business partners may use to provide and improve our respective services; and
3.1.6 To comply with any applicable laws and regulations.
4. How do we store, use, share and disclose such information?
4.1 Our Company is hosted on the Wix.com platform. This platform allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
4.2 All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Vsa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
4.3 Our third-party service provider such as Google Analytics may store data to provide us with relevant information on browsing actions and usage patterns.
4.4 Our third-party service provider such as SumUp may store data when purchases have been made at stalls and markets at events.
4.5 We will not sell or rent any of your personal information to third parties.
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5. How do we communicate with you and our visitors?
5.1 We may notify you regarding your purchase or orders, your account problems with your account, to resolve dispute, to collect fees or monies owed, to poll your opinions through survey or questionnaires, to send updates about our Company or as otherwise necessary to contact you to enforce our User Agreement Applicable national laws and any agreement we may have with you by email, telephone or text message via Whatsapp or normal text messaging or postal mail.
5.2 We may from time to time send you promotional material and other communications such as thank you notes and other communications.
6. How do we use cookies and other tracking tools?
6.1 Our website is hosted on the Wix.com platform which uses cookies that tracks personal information. Click here to view which cookies are stored on your computer.
6.2 We use Google Analytics to collect browsing actions and usage. Click here to view which cookies are stored on your computer. ​
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7. How can you withdraw your consent?
7.1 Please contact us at trish@trishacdesign.com if you do not want us to process your data anymore.
7.2 You can also unsubscribe to our mailing list from the emails you may receive from us.
8. Updates to our Privacy Policy
8.1 We reserve the right to amend, add to, modify or update this Privacy Policy at any time.
8.2 Any changes will take immediate effect upon posting on our website.
8.3 In the event that changes have been made to our Privacy Policy we may not actively notify you unless you have subscribed to our mailing list, otherwise changes can be viewed on this page.
8.4 The ‘last updated’ date will inform you of when the policy changed.
9. Questions and contact information
9.1 If you would like to access, correct, amend or delete any personal information we may have acquired from you please contact us at trish@trishacdesign.com
9.2 You can also write to Alex Cherkas, Data Protection Officer at The Old Farmhouse, Round House Drove, Warboys, Huntingdon, Cambridgeshire PE28 2US
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TERMS & CONDITIONS
1. Agreement to Terms
1.1. These Terms of Use constitute a legal binding agreement made between you, whether personally or on behalf of an entity (“you”) and Trisha C Design Limited, doing business as Trisha C Design (“Trisha C Design”, “we”, “us” or “our”), concerning your access to and use of the http://www.trishacdesign.comwebsite as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in the United Kingdom and have our registered office at The Old Farmhouse, Round House Drove, Warboys, Huntingdon, Cambridgeshire PE28 2US. You agree that by accessing the Site you have read, understood and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1.2. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
1.3. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.4. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
2. Intellectual Property Rights
2.1. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs audio, videos, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logo contained therein (the “Marks” are owned or controlled by is or licensed to us or have permission by the Site platform Wix.com, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, distributed, sold, licensed or otherwise exploited for any commercial purposes whatsoever, without our express prior written permission.
2.2. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any position of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. User Representations
3.1. By using the Site, you represent and warrant that:
3.1.1. All registration information you submit will be true, accurate, current and complete;
3.1.2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
3.1.3. You have the legal capacity and you agree to comply with these Terms of Use;
3.1.4. You are not a minor in the jurisdiction in which you reside;
3.1.5. You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
3.1.6. You will not use the Site for any illegal or unauthorised purpose; and
3.1.7. Your use of the Site will not violate any applicable law or regulation.
3.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. User Registration
4.1. You may be required to register with the Site. you agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. Products
5.1. We make every effort to display as accurately as possible the colours, features, specification and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications and details of the products will be accurate, complete, reliable, current or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.
5.2. All products are subject to availability, and we cannot guarantee that items will be in stock
5.3. We reserve the right to discontinue any products at any time for any reason,
5.4. Prices for all products are subject to change without notice.
6. Purchases and Payment
6.1. We accept all forms of payment as provided by our Site platform Wix.com.
6.2. You agree to provide current, complete and accurate purchase and account information for all purchases made via the Site.
6.3. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
6.4. We may change prices at any time
6.5. All payment shall be in GB Pound Sterling.
6.6. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amount upon placing your order.
6.7. We reserve the right to correct any errors or mistakes in pricing, even if we have requested or received payment.
6.8. We reserve the right to refuse any order placed through the Site.
6.9. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
6.10. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
7. Return Policy
7.1. Please review our Return Policy posted on the Site prior to making any purchases.
7.2. Click here to view our Return Policy.
8. Prohibited Activities
8.1. You may not access or use the Site for any purpose other than that for which we make the Site available.
8.2. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
8.3. As a user of the Site, you agree not to:
8.3.1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
8.3.2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8.3.3. Circumvent, disable, or otherwise interfere with security-related features or the Site, including features that prevent or restrict the use of copying of any Content or enforce limitations of the use of the Site and/or the Content contained therein.
8.3.4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
8.3.5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
8.3.6. Make improper use of our support services or submit false reports or abuse or misconduct.
8.3.7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8.3.8. Engage in unauthorised framing of or linking to the Site.
8.3.9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting or repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Site.
8.3.10. Engage in any automated use of the system, such as using scripts to send comments, messages, or using any data mining, robots, or similar data gathering and extraction tools.
8.3.11. Delete the copyright or other proprietary rights notice from any Content.
8.3.12. Attempt to impersonate another user or person or use the username for another user.
8.3.13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1 x 1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
8.3.14. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
8.3.15. Harass, annoy, intimidate, or threaten any of our employees, volunteers or agents engaged in providing any portion of the Site to you.
8.3.16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
8.3.17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
8.3.18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
8.3.19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
8.3.20. Use a buying agent or purchasing agent to make purchases on the Site.
8.3.21. Make any unauthorised use of the site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
8.3.22. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
9. User Generated Contributions
9.1. The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
9.2. Contributions may be viewable by other users of the Site and through third-party websites. As such, any contributions you transmit may be treated in accordance with the Site Privacy Policy.
9.3. When you create or make available any Contributions, you thereby represent and warrant that:
9.3.1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
9.3.2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and authorise us, the Site and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
9.3.3. You have the written consent, release, and/or permission of each and every identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
9.3.4. Your Contributions are not false, inaccurate, or misleading.
9.3.5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
9.3.6. Your Contributions are not obscene, lewd, lascivious, filthy, violet, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
9.3.7. Your contributions do not ridicule, mock, disparage, intimate, or abuse anyone.
9.3.8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class or people.
9.3.9. Your Contributions do not violate any applicable law, regulation, or rule.
9.3.10. Your Contributions do not violate the privacy or publicity rights of any third party.
9.3.11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minor.
9.3.12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
9.3.13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
9.4. Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.
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10. Contribution License
10.1. You agree that we may access, store, process, and use any information and personal data that you provide following the Terms of the Privacy Policy and your choices (including settings).
10.2. By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
10.3. We do not assert any ownership over your Contributions, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
10.4. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
10.5. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from all and all responsibility and to refrain from any legal action against us regarding Contributions.
11. Submissions
11.1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property.
11.2. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
11.3. You hereby waive all moral rights to any Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.
11.4. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
12. Third-Party Websites and Content
12.1. The Site may contain (or may be sent via the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
12.2. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
12.3. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by use.
12.4. If you decide to leave the Site to access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.
12.5. You should review the applicable terms and policies, including privacy and data gathering practices, or any website to which you navigate from the Site or relating to any applications you use or install from the Site.
12.6. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
12.7. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and we will not be responsible for any harm caused by your purchases of such products and services. Additionally, you shall hold us harmless from any losses sustained by you or harms caused to you relating to or resulting in any way from Third-Party Content or any contact with Third-Party Websites.
13. Site Management
13.1. We reserve the right, but not the obligation to:
13.1.1. Monitor the Site for violations of these Terms of Use;
13.1.2. Take appropriate action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
13.1.3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
13.1.4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
13.1.5. Otherwise manage in Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
14. Privacy Policy
14.1. We care about data privacy and security. Please review our Privacy Policy: http://www.trishacdesign.com/privacypolicy
14.2. By using our Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
14.3. Please be advised the Site and the Marketplace Offerings are hosted in the United Kingdom.
14.4. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.
15. Term and Termination
15.1. These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATIONS. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING IN OUR SOLE DISCRETION.
15.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party, in addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
16. Modifications and Interruptions
16.1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice, however, we have no obligation to update any information on our Site.
16.2. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time,
16.3. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Site or the Marketplace Offerings.
16.4. We cannot guarantee the Site and the Marketplace Offerings will be available at all times.
16.5. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
16.6. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you.
16.7. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings.
16.8. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
17. Governing Law
17.1. These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in the country you reside in.
17.2. Trisha C Design Limited and yourself both agree to submit to the non-exclusive jurisdiction of the courts of the United Kingdom, which means that you may make a claim to defend your consumer protection rights in regards to these Terms of Use in the United Kingdom.
18. Dispute Resolution
18.1. The Citizens Advice Bureau provides advice, which you can access here https://www.citizensadvice.org.uk
18.2. If you would like to bring this subject to our attention, please contact us.
19. Corrections
19.1. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information.
19.2. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
20. Disclaimer
20.1. THE SITE IS PROVED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
20.2. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OR ANY WEBSITE LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
20.2.1. ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
20.2.2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE THE SITE;
20.2.3. ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
20.2.4. ANY INTERRUPTION OR CESSATION OR TRANSMISSION TO OR FROM THE SITE;
20.2.5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR
20.2.6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
20.3. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22. Indemnification
22.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
22.1.1. Use of the Site;
22.1.2. Breach of these Terms of Use;
22.1.3. Any breach of your representations and warranties set forth in these Terms of Use;
22.1.4. Your violation of the rights of a third party, including but not limited to intellectual property rights; and
22.1.5. Any overt harmful act toward any other user of the Site with whom you connected via the Site.
22.2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your own expense, with our defence of such claim.
22.3. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
23. User Data
23.1. We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site.
23.2. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
23.3. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
24. Electronic Communications, Transactions and Signatures
24.1. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communication be in writing.
24.2. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, ADN TO ELECTRONIC DELIVERY OR NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
24.3. You hereby waive any rights of requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention or non-electronic records, or to payments or the granting of credits by any means other than electronic means.
25. Miscellaneous
25.1. These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.
25.2. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
25.3. These Terms of Use operate to the fullest extent permissible by law.
25.4. We may assign any or all of our rights and obligations to others at any time.
25.5. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
25.6. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or enforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
25.7. There is joint venture, partnership, employment or agency relationship created between you and us as result of these Terms of Use or use of the Site.
25.8. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
25.9. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
26. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Trisha C Design Limited
The Old Farmhouse
Round House Drove
Huntingdon
Cambridgeshire PE28 2US
Phone: 07872142505
Email: trish@trishacdesign.com
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