Terms and Conditions
TERMS AND CONDITIONS OF USE OF OUR WEBSITE
Hello and welcome to our T&C’s page. It’s really important that you read and understand what we’ve written as it sets out what you can expect from us and vice versa.
By entering Our Site or creating an Account You are accepting these T&C’s
One other thing we need to say is that we do change these T&C’s from time to time and so you must always visit this page to see what changes we’ve made – we’ll assume that you have each time you contact us.
The formal bits follow. We’ve tried to make them easy to understand but they are still long and very boring.
- AGREEMENT – this page is meant to form the basis of the relationship between us and both you and we agree to be bound by what it says
- DEFINITIONS – The following words have the following meanings:
We are Sarkemedia.com / Sarah Arrow
Site is https://birdsontheblog.co.uk
You are a visitor to our Site
There are some more definitions at the bottom of the page
- YOUR PROMISES TO US
You warrant and agree that:
- You have the right to make this Agreement with us and that you are over the age of 18 years.
- You will have only one account with us
- Your username will not be offensive, suggest that you are someone else or that you represent a trade or brand name and that we have the right to insist that you change a username if we think it breaks this term
- If you make a purchase through the Site you have read and accept all the terms imposed by a merchant in relation to that purchase
- If you follow any links we have on the Site, you will read the T&C’s on the sites we link you to
- You won’t use robots, spiders, scrapers or similar things on our Site
- You won’t try to get around any things we put on the Site to stop or limit access to parts of it.
- You won’t do anything that might cause our systems to crash
- You won’t steal the Site or any part of it for use it or any part of it in any other site or application
- You won’t try to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any programs we use in connection with this Site or the services it offers
- You won’t copy imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own
- INTELLECTUAL PROPERTY
Either we or our business partners own all of the information and intellectual property on the Site
You don’t have the right to copy or use any of that information or intellectual property other than to use the Site unless we give that right to you
- E-BOOKS/OTHER DOCUMENTS
If we agree to supply you with an e-book or any other document you agree that that e-book or document is supplied by way of licence for your personal use only and that by buying the licence to use that e-book or document we are not giving you any licence to use it in any other way or for any other purpose.
You do not have the right to alter adapt translate lend rent out assign or otherwise deal with the e-book or other document in any way.
As far as we are allowed so to do by law we do not accept any liability for the content of any e-book or document unless we have published it ourselves and you acknowledge that unless we are the publisher we have no knowledge of or control of its content.
You warrant and agree
- that If you have any medical condition or are taking any medication which may affect the advice, treatment or therapy we offer you will tell us before we give that advice, treatment or therapy and that you will act in accordance with any instructions provided as a result and
- that if we request any medical history from you that that history is complete in all respects whether or not any item in it has relevance to the advice treatment or therapy we are to provide and
- that before you undertake any or use any advice, treatment or therapy from us, you will obtain confirmation from your Doctor that such advice treatment or therapy will not adversely affect you or your health
If we provide any medical or therapeutic advice, treatment or therapy of any nature at any time you must abide by any instructions we provide and any precautions we suggest before and after following the advice or undertaking the treatment or therapy. This is for your own protection and failure to do so may result in consequences, including personal injury.
You are responsible for your own state of health, physical condition and wellbeing at all times. If you are not well you must not use our services.
If you break any of these rules, we may terminate any services we provide without having to refund any part of the fees you have paid
You must not use our services when under the influence of alcohol or illegal drugs.
YOU MUST NOT USE OUR SERVICES IF YOU HAVE ANY CONCERNS ABOUT YOUR MEDICAL CONDITION
If you want to benefit from the Site to its fullest extent and we ask you to do so, you must create an Account which will contain certain personal details. When you create an Account you promise that:
- All information you submit is accurate and truthful.
- You will keep this information accurate and up-to-date.
- You will not share Your Account with anyone else.
- You will keep your Account details confidential .
- You will not give your username or password to anyone else.
- You will log off when you exit the Account – to prevent unauthorised use by others
Your Account will be closed by us if you break these T&C’s or if there has been no activity on the Account for 6 months and you don’t reactivate the Account after we have requested that you do so.
If any payment we send to your bank account is refused and you do not supply us with an alternative bank account within 28 days of us asking you, we may keep the monies in that account and you will be entitled to nothing
If you do anything which we think might be fraud, we have the right to report those actions to the Police and any money standing to the credit of your Account may be kept by us to cover the costs we are put to in dealing with your fraud
You must authenticate your email address with us and if you change your address at any other time you must tell us and authenticate it again.
If you have not authenticated your current email address with us; and/or if it cannot accept service emails from us and/or you mark our emails as spam, abusive or junk then and in any such event, we can terminate your Account without notice to you
If we earn any commission on any transaction in which we are involved or any interest on the money deposited in your Account we may keep that commission and/or interest
You can cancel your Account with us at any time all you need to do is to email us at email@example.com
- USE OF COMMUNICATIONS FACILITIES
When using any forums or chat rooms on the Site and/or any other similar system on the Site and when using Facebook, WordPress or any other external communication system to contact Us You must do so in accordance with the following rules:
- you must not use language that may be offensive to other Users;
- 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;
- no Content that is intended to promote or incite violence;
- Content must be posted and communications with us must be made using the English language;
- you must not post links to other Sites containing any of the above types of Content;
- the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
- you give us an unrestricted licence for all purposes and for the whole of the World to use the material you publish on the Site without charge and/or acknowledgement of you as the author;
- You must not impersonate other people, particularly Our employees and representatives and those of Our affiliates; and
- You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
You acknowledge that We reserve the right to monitor any and all communications made to us or using Our System.
You acknowledge that We may retain copies of any and all communications made to us or using Our System.
You acknowledge that any information You send to us through Our System or post on any forums or chat rooms may be modified by us in any way and You hereby waive Your moral right to be identified as the author of such information. Any restrictions You may wish to place upon Our use of such information must be communicated to us in advance and We reserve the right to reject such terms and associated information.
Any goods you buy from us will be despatched to you in the manner you have selected on the Site but we cannot guarantee that any delivery time quoted will be met if the Goods are delivered by a contractor independent from us
Unless sent by Royal Mail Goods will be delivered to Your front door and only to ground floor areas
Unless you advise us within 3 days of receipt of the Goods you are deemed to have accepted that the Goods are satisfactory and with no problems.
If you are buying something from us as a consumer (“Goods”) then the following provisions apply:
If you receive goods which:
- do not match the description of the Goods that You ordered from us or
- have faults when they are delivered to you or
- have been damaged in transit
You must contact us within 3 days of delivery to arrange for their return you will be responsible for paying shipment costs and we will have the option to replace the Goods (if available) or to refund you through the payment method used by you when purchasing the Goods such refunds and/or replacements will be issued only upon our receipt of the returned Goods.
If you do not want the Goods then you must tell us within 7 days of their delivery and when we receive the Goods in an unused state, in their original unopened packaging and in a saleable condition we will refund the price you paid for them but not any postage and packing costs.
If you wish to return Goods to Us for any other reason You must contact Us beforehand.
We reserve the right to amend the amount we refund pursuant to this agreement in the following circumstances:
- You have used and enjoyed the Goods;
- The Goods are of a nature which may cause them to deteriorate or expire rapidly and You do not communicate with Us in a timely manner;
- If the individual packaging has been opened;
Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to You at the time of purchase.
You may not reject any of the services we supply.
If you are not buying as a consumer we will not accept returns unless we have agreed with any complaint or observation you have made to us within 3 days of receipt of the Goods
- BANK CARD NUMBERS
We will not retain any information relating to your bank or credit cards
- PRIVACY & COOKIES
We can’t promise that the Site will meet your needs; that it will work properly; that it will be fit for a particular purpose and that it will not infringe the rights of others.
We can’t promise that it will work with all systems; that it will be secure and that all information provided will be accurate.
Any advice given on the Site is general in nature and may not apply to you and/or your circumstances. Unless the advice is given to you as part of a paid for service we offer on the Site you must take steps to double check that that advice is effective for you.
We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage caused by material on the Site, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur.
Because we cannot know and understand your personal circumstances, we cannot guarantee that any suggestion in any material we provide will cause you to make any profit or income and any and all such information is provided by way of general suggestion only and not in any form of warranty on our part as to any gains you may make.
- The only rights you have under these T&C’s are those mentioned within them. If a right is not mentioned (unless it is a right given to you under the laws of England and Wales) then it does not exist.
We do our very best to make sure that you do not experience any problems but if you do, you must tell us straight away
We will do what we can to resolve the problem as quickly as we can and without charge to you if we agree that you have a problem
- AVAILABILITY OF THE SITE
We never guarantee that the Site will be available all the time and if it’s not available for any reason you can’t hold us responsible for anything you lose as a result
We have the right to change the Site and the services it offers, suspend it or stop it at any time.
- LIMITATION OF LIABILITY
As far as we are allowed by law we deny liability for any losses of all kind which you incur from visiting the Site. You use the Site at your own risk
We do not accept any liability if you are using the products and services we supply for commercial purposes
Nothing in these T&C’s excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
- LINKS TO OTHER WEBSITES
We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and disclaim liability for any losses which come out of you using them.
Just because we link to a site does not mean that we endorse or recommend that site.
We can never guarantee that a link will work.
If you find any link we offer to be offensive, please let us know and we will consider removing it.
If you link to any other site using our Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.
- MODIFICATIONS TO THESE TERMS AND CONDITIONS & THE SITE
We’ve already said this but we need to make it clear that these T&C’s will change from time to time and we don’t have the resources to let all our visitors know about the changes. As a result you MUST come back to this page to make sure that we haven’t changed the T&C’s and whenever you access the Site, you are confirming to us that you are aware of any changes
We’ve also got the right to change the Site as and when we want but these T&C’s will still apply to any changes we make
- GENERAL STUFF
- Operative Law – This Agreement is made under the laws of England and Wales and that is the only jurisdiction which can govern it.
- Warranties – all parties acknowledge and agree that they have not entered into this Agreement in reliance on anything said or promised by the other which is not in these T&C’s.
- Notices – If either you or we need to give formal notice to the other it must be done by email to address each of us gives to the other from time to time.
- Partnership/Joint Ventures we and you agree that this Agreement does not form the basis of any partnership or co-venture.
- Effect Of Agreement – this Agreement supersedes any previous Agreement between the parties in relation to the matters dealt with in them and represents the entire understanding between the parties.
- Time of the Essence – time will not be of the essence in any part of this Agreement
- Force Majeure – if something outside our control happens and that prevents us from performing our services then you accept that we are not liable for the consequences of that failure (this includes such things as strikes, riots, fires, explosions war floods and so on). If such an event does happen we will tell you as soon as we are able and resume the service as soon as we can. If we cannot perform the service within a reasonable time, we can cancel it and if we do we will refund to you a fair and reasonable proportion of any payment you have made to us.
- Unenforceability – If a Court or other body says that any part of these T&C’s is unenforceable, the rest of them will stand.
- Entire Agreement – these T&C’s contain the entire understanding between us.
Account means collectively the personal/identifying information and credentials used by Users to access the services on the Site
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 Site;
User means any person firm or company using this Site for any purpose