WEBSITE TERMS AND CONDITIONS – HTTPS://WWW.DECANDDASH.COM

 

WHO WE ARE AND HOW TO CONTACT US  

 

Our website is operated by Ingrid Fernandez Limited (“we”). We are registered in England and Wales under company number 10437200 and have our registered office at 71-75 Shelton Street, London, Greater London, WC2H 9JQ, United Kingdom. To contact us, please email us at ingrid@decanddash.com or via the Contact page on our website.

 

BY USING OUR WEBSITE YOU ACCEPT THESE TERMS  

 

By using our website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our website. We recommend that you print a copy of these terms for future reference.

 

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU  

 

These Terms refer to the following additional terms, which also apply to your use of our website:

 

  1. our Privacy Policy, which sets out how we deal with your personal data; 
  2. our Cookie Policy [insert as link to Cookie Policy], which sets out information about the cookies on our website.

 

WE MAY MAKE CHANGES TO THESE TERMS  

 

We amend these Terms from time to time. Every time you wish to use our website, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in May 2021.

 

WE MAY MAKE CHANGES TO OUR WEBSITE  

 

We may update and change our website from time to time to reflect changes to our products or services, our users’ needs and our business priorities. 

 

WE MAY SUSPEND OR WITHDRAW OUR WEBSITE  

 

Our website is made available free of charge. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

 

HOW YOU MAY USE MATERIAL ON OUR WEBSITE  

 

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our website in breach of these Terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

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DO NOT RELY ON INFORMATION ON THIS WEBSITE  

 

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.

 

The content on our website does not constitute legal advice and is not intended to be a substitute for legal advice. You should not rely upon any content on our website as legal advice for you, your business or your circumstances. You should not take any actions based on the information contained on our website. You should seek legal advice tailored to your situation in relation to any particular matters you or your business may have.

 

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO  

 

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.

 

SPONSORED CONTENT AND AFFILIATE LINKS

 

We may collaborate with companies, brands and individuals in some of the content, information and materials shared on our website. Where we are provided with any monetary or non-monetary benefit in return for promoting or featuring content about a company, brand, individual, product or service, we will make this clear in the materials.

 

We may use affiliate linking services in some of the materials shared on our website. Where we provide an affiliate link in our materials, and this is clicked on by a visitor, and subsequently a purchase is made by the visitor on that affiliate website, we may receive a commission payment from the affiliate website. Where we are sharing an affiliate link, we will make this clear in the materials.

 

You will not incur any extra or additional fees or charges by clicking on an affiliate link on our website, or making any purchases on the affiliate website using our affiliate link.

 

We are selective about the companies, brands, individuals, products and services we promote or collaborate with, and will only do so where there is alignment with our values. We will not promote or feature content about the products or services of, nor enter into collaborations with, companies, brands or individuals who do not meet our standards or who we do not believe will provide an offering of value to those visiting our website

 

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

 

Whether you are a consumer or a business user:

 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

 

If you are a business user:

 

We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

 

  1. use of, or inability to use, our website; or
  2. use of or reliance on any content displayed on our website.

 

In particular, we will not be liable for:

 

  1. loss of profits, sales, business, or revenue;
  2. business interruption;
  3. loss of anticipated savings;
  4. loss of business opportunity, goodwill or reputation; or
  5. any indirect or consequential loss or damage.

 

If you are a consumer user:

 

Please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

 

HOW WE MAY USE YOUR PERSONAL INFORMATION  

 

We will only use your personal information as set out in our Privacy Policy.

 

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM  

 

We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.

 

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

 

RULES ABOUT LINKING TO OUR WEBSITE  

 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our website in any website that is not owned by you.

 

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy below. If you wish to link to or make any use of content on our website other than that set out above, please contact us via email at ingrid@decanddash.com or via the Contact page on our website.

 

ACCEPTABLE USE POLICY

 

This Acceptable Use Policy sets out the content standards that apply when you upload content to our website, make contact with other users on our website, link to our website, or interact with our website in any other way.

 

Prohibited Uses  

 

You may use our website only for lawful purposes. You may not use our website:

 

  1. in any way that breaches any applicable local, national or international law or regulation;
  1. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  1. for the purpose of harming or attempting to harm minors in any way;
  1. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
  1. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  1. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

 

You also agree not to access without authority, interfere with, damage or disrupt:

 

  1. any part of our website;
  2. any equipment or network on which our website is stored;
  3. any software used in the provision of our website; or
  4. any equipment or network or software owned or used by any third party.

 

Breach of these Terms

 

When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate.

 

Failure to comply with these Terms constitutes a material breach of the Website Terms and Conditions upon which you are permitted to use our website, and may result in our taking all or any of the following actions:

 

  1. immediate, temporary or permanent withdrawal of your right to use our website;
  1. immediate, temporary or permanent removal of any Contribution uploaded by you to our website;
  1. issue of a warning to you;
  1. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  1. further legal action against you;
  1. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

 

We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

 

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?  

 

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.