Terms & Conditions
BACKGROUND
This website (www.isabelpollen.com) (the site) is run and maintained by Isabel Pollen at www.isabelpollen.com.
These Website Terms and Conditions (Terms and Conditions) cover the terms on which you may use the site. They apply as between you, the User of this Website, and Isabel Pollen, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of this Website.
Please read these Terms and Conditions carefully before you start to use the site. By using the site, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Statement. If you do not accept them, please do not use the site.
Please be aware that Isabel Pollen may revise these Terms and Conditions at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms and Conditions because they are binding on all Users of this Website.
- DEFINITIONS AND INTERPRETATION
In this Agreement the following terms shall have the following meanings:
“Account”
means collectively the personal information, Payment Information and credentials used by Users to access any part of this Website;
“Content”
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Post”
means collectively any action by Users to post, submit, publish, display or transmit to other users or other persons any information through this Website;
“Premises”
Means our place(s) of business located at TW1 2JG.
“Service”
means collectively any online facilities, tools, services or information that Isabel Pollen makes available through this Website either now or in the future;
“System”
means any online communications infrastructure that Isabel Pollen makes available through this Website either now or in the future. This includes, but is not limited to, blog posts, web-based email, message boards and email links;
“User” / “Users”
means any third party that accesses this Website and is not employed by Isabel Pollen or acting in the course of their employment;
“User Contributions”
means collectively Content Posted on or through this Website either now or in the future; and
“Website”
means the website that you are currently using (www.isabelpollen.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
- USER RIGHT OF ACCESS
2.1 You have permission for temporary, non-exclusive use of the site. Isabel Pollen reserves the right to withdraw or change the content of the site and these Terms and Conditions at any time without notifying you and without having any legal responsibility towards you.
2.2 You are not allowed to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any part of the site.
2.3 You are also not allowed to license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the site and/or any documents or online resources on the site available to any third party.
2.4 You are responsible for configuring your own computer and software to access the material and content on our site including downloadable files. We do not warrant that the way we deliver data to you is compatible with your software or with the way your mobile device, computer or tablet is configured. Although we do our best to protect our site, we are not responsible for any viruses, bugs or similar issues. We advise that you use your own virus protection software to protect yourself.
2.5 You must treat all identification codes, passwords and other security information that you obtain from use of the site and (where applicable) for you to access parts of the site, as confidential. If we think you have failed to keep confidentiality, we may disable any such information, including your passwords and other codes.
2.6 You agree to follow our Acceptable Use Policy.
2.7 If you allow anyone else to use our site, you must make sure that they read these Terms and Conditions first, and that they agree to and follow them.
2.8 If you do not use the site according to the law and these Terms and Conditions, we may suspend your usage, or stop it completely.
2.9 We frequently update the site and make changes to it, but we have no duty to do this. This means that content on the site may be outdated or incorrect. We will have no liability to you for any losses or damage you may suffer from your reliance on any of our materials.
2.10 We do not save your credit card details or share customer details with any third parties and we follow our Privacy Statement in handling information about you. By using the site, you agree to us handling this information and confirm that data you provide is accurate.
2.11 Our site uses cookies. More information is provided in our Privacy Statement.
- CONFIDENTIALITY
Personal information or business information that you supply to Isabel Pollen through the site, other than information that is in the public domain, will be treated confidentially and in line with our Privacy Statement. Confidential information will not be disclosed to any third party, including for the purposes of marketing, without your prior permission. We will only disclose your information if it is necessary for the performance of our services or where so required by law.
- INTELLECTUAL PROPERTY
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on this Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and any databases that hold relevant information about the site is the property of Isabel Pollen, our affiliates or other relevant third parties. By continuing to use this Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from this Website unless otherwise indicated on this Website or unless given express written permission to do so by Isabel Pollen. If you do not use the materials in line with these Terms and Conditions and this clause specifically, you lose your right to use our site, and must destroy or return any copies of documents you have made of it or any part of it. We reserve all our rights conferred to us by law to remedy any such breach.
- THIRD PARTY INTELLECTUAL PROPERTY
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on this Website or unless given express written permission to do so by the relevant manufacturer or supplier.
- FAIR USE OF INTELLECTUAL PROPERTY
Material from this Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- LINKS TO OTHER WEBSITES
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Isabel Pollen or that of our affiliates. Isabel Pollen assumes no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
- LINKS TO THIS WEBSITE
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.isabelpollen.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Isabel Pollen. To find out more please contact us by email at contact@isabelpollen.com or by post to TW1 2JG.
- USER CONTRIBUTIONS
9.1 When you Post User Contributions on or through this Website, you must comply with the Terms and Conditions.
9.2 Any User Contribution you Post to this Website will be considered non-confidential and non-proprietary. By providing any User Contribution on this Website, you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
9.3 You represent and warrant that:
9.3.1 You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us;
9.3.2 All of your User Contributions do and will comply with these Terms and Conditions.
9.4 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Isabel Pollen, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
9.5 Isabel Pollen is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of this Website.
- CONTENT STANDARDS
10.1 When using the message boards, comment forums, enquiry form or any other System and any and all User Contributions and use of the Services on this Website you should do so in accordance with the following rules:
10.1.1 You must not use obscene or vulgar language;
10.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not submit Content that is intended to promote or incite violence;
10.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
10.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
10.1.6 You must not impersonate other people, particularly employees and representatives of Isabel Pollen or our affiliates; and
10.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2 You acknowledge that Isabel Pollen reserves the right to monitor any and all communications made to us or using our System.
- MONITORING AND ENFORCEMENT; TERMINATION
11.1 Isabel Pollen has the right to:
11.1.1 Remove or refuse to Post any User Contributions for any reason in our sole discretion.
11.1.2 Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this Website or the public or could create liability for the Company.
11.1.3 Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
11.1.4 Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of this Website.
11.1.5 Terminate or suspend your access to all or part of this Website for any reason, including any violation of these Terms of Use.
11.2 In addition, we will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
11.3 However, Isabel Pollen does not undertake to review material before it is posted on this Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Isabel Pollen assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Isabel Pollen has no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
- COPYRIGHT INFRINGEMENT
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
- PRIVACY
Use of this Website is also governed by our Privacy Statement which is incorporated into these Terms and Conditions by this reference. To view the Privacy Statement, please click on the link above.
- DISCLAIMERS
14.1 Isabel Pollen makes no warranty or representation that this Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.
14.2 Isabel Pollen makes no guarantee of any specific results from the use of our Services.
14.3 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
14.4 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- CHANGES TO THE SERVICES AND THESE TERMS AND CONDITIONS
Isabel Pollen reserves the right to change this Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use this Website following the changes. If Isabel Pollen is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
- AVAILABILITY OF THIS WEBSITE
16.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
16.2 Isabel Pollen accepts no liability for any disruption or non-availability of this Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- LIMITATION OF LIABILITY
17.1 To the maximum extent permitted by law, Isabel Pollen accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this Website or any information contained therein. Users should be aware that they use this Website and its Content at their own risk.
17.2 Nothing in these Terms and Conditions excludes or restricts Isabel Pollen’s liability for death or personal injury resulting from any negligence or fraud on the part of Isabel Pollen.
17.3 Nothing in these Terms and Conditions excludes or restricts Isabel Pollen’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on this Website.
17.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- NO WAIVER
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- PREVIOUS TERMS AND CONDITIONS
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- NOTICES
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to contact@isabelpollen.com Such notice will be deemed received three days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- COMPUTER OFFENCES
If you do anything which is a criminal offence under the Computer Misuse Act 1990 (such as for example introducing viruses, worms, Trojans and other technologically harmful or damaging material) your right to use the site will end immediately, we will report you to the relevant authorities and provide them with details of your identity.
You must not try to obtain access to our server or any connected database or make any ‘attack’ on the site.
- LAW AND JURISDICTION
These Terms and Conditions and the relationship between you and Isabel Pollen shall be governed by and construed in accordance with the Laws of England and Wales. You and Isabel Pollen agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
- QUESTIONS OR COMPLAINTS
If you have any questions or a complaint about the service provided by us, please contact Isabel Pollen to make your complaint at contact@isabelpollen.com
- CANCELLATION AND AMENDMENT POLICY
All payments for services will be paid in advance of the service taking place.
If the service is cancelled within 30 days, there will be a full refund.
If cancelled within 15 days, there will be a 50% refund.
If cancelled within 10 days, there will be no refund.
Amendments can be made dependant on Isabel Pollen’s availability.
