Terms & Conditions

TERMS AND CONDITIONS OF USE

This page lays out the terms and conditions for the use of my website, user accounts, content, and data. It’s pretty standard stuff but please do read.

  1. Introduction
    1. These terms and conditions shall govern your use of my website.
    2. By using my website, you accept these terms and conditions in full; accordingly, if you disagree with these
      terms and conditions or any part of these terms and conditions, you must not use my website.
    3. If you register your contact enquiry details with my website for the purposes of using my services, you
      expressly agree to these terms and conditions.
    4. You must be at least 18 years of age to use my website; by using my website or agreeing to these terms and
      conditions, you warrant and represent to me that you are at least 18 years of age.
  2. Credit
    1. This document was created using a template from SEQ Legal (https://seqlegal.com).
  3. Copyright notice
    1. Copyright (c) 2021, Elevate Personal Styling.
    2. Subject to the express provisions of these terms and conditions:
      1. I, together with my licensors, own and control all the copyright and other intellectual property rights on
        my
        website and the material on my website; and
      2. all the copyright and other intellectual property rights on my website and the material on my website is
        reserved.
  4. Permission to use website
    1. You may:
      1. view pages from my website in a web browser;
      2. download pages from my website for caching in a web browser;
      3. print pages from my website for your own personal and non-commercial use, providing that such printing is
        not systematic or excessive;
      4. stream audio and video files from my website; and
      5. use my website services by means of a web browser: online chat, meeting request
    2. subject to the other provisions of these terms and conditions.

    3. Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must
      not
      download any material from my website or save any such material to your computer.
    4. You may only use my website for your own personal or business purposes; you must not use my website for any
      other
      purposes.
    5. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any
      material on
      my website.
    6. Unless you own or control the relevant rights in the material, you must not:
      1. republish material from my website (including republication on another website);
      2. sell, rent or sub-license material from my website;
      3. show any material from my website in public;
      4. exploit material from my website for a commercial purpose; or
      5. redistribute material from my website.
    7. I reserve the right to suspend or restrict access to my website, to areas of my website and/or to
      functionality
      upon my website. I may, for example, suspend access to the website during server maintenance or when I update
      the
      website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures
      on
      the website.
  5. Misuse of website
    1. You must not:
      1. use my website in any way or take any action that causes, or may cause, damage to the website or
        impairment
        of
        the performance, availability, accessibility, integrity or security of the website;
      2. use my website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any
        unlawful, illegal, fraudulent or harmful purpose or activity;
      3. hack or otherwise tamper with my website;
      4. probe, scan or test the vulnerability of my website without my permission;
      5. circumvent any authentication or security systems or processes on or relating to my website;
      6. use my website to copy, store, host, transmit, send, use, publish or distribute any material which
        consists
        of
        (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other
        malicious
        computer software;
      7. impose an unreasonably large load on my website resources (including bandwidth, storage capacity and
        processing capacity);
      8. decrypt or decipher any communications sent by or to my website without my permission;
      9. conduct any systematic or automated data collection activities (including without limitation scraping,
        data
        mining, data extraction and data harvesting) on or in relation to my website without my express written
        consent;
      10. access or otherwise interact with my website using any robot, spider or other automated means, except for
        the
        purpose of search engine indexing;
      11. use my website except by means of my public interfaces;
      12. violate the directives set out in the robots.txt file for my website;
      13. use data collected from my website for any direct marketing activity (including without limitation email
        marketing, SMS marketing, telemarketing and direct mailing); or
      14. do anything that interferes with the normal use of my website.
    2. You must not use data collected from my website to contact individuals, companies or other persons or
      entities.
    3. You must ensure that all the information you supply to me through my website, or in relation to my website, is
      true, accurate, current, complete and non-misleading.
  6. My rights to use your content
    1. In these terms and conditions, “your content” means all works and materials (including without limitation
      text,
      graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you
      submit to me or my website for storage or publication on, processing by, or transmission via, my website.
    2. You grant to me a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt,
      publish, translate and distribute your content in any existing or future media.
    3. You grant to me the right to sub-license the rights licensed under Section 9.2.
    4. You grant to me the right to bring an action for infringement of the rights licensed under Section 9.2.
    5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and
      you warrant and represent that all other moral rights in your content have been waived to the maximum extent
      permitted by applicable law.
    6. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these
      terms and conditions in any way, or if I reasonably suspect that you have breached these terms and conditions in
      any way, I may delete, unpublish or edit any or all of your content.
  7. Rules about your content
    1. You warrant and represent that your content will comply with these terms and conditions.
    2. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be
      capable of giving rise to legal action against any person (in each case in any jurisdiction and under any
      applicable law).
    3. Your content, and the use of your content by me in accordance with these terms and conditions, must not:
      1. be libellous or maliciously false;
      2. be obscene or indecent;
      3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off
        or
        other intellectual property right;
      4. infringe any right of confidence, right of privacy or right under data protection legislation;
      5. constitute negligent advice or contain any negligent statement;
      6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of
        criminal activity;
      7. be in contempt of any court or in breach of any court order;
      8. be in breach of racial or religious hatred or discrimination legislation;
      9. be blasphemous;
      10. be in breach of official secrets legislation;
      11. be in breach of any contractual obligation owed to any person;
      12. depict violence;
      13. be pornographic, lewd, suggestive or sexually explicit;
      14. be untrue, false, inaccurate or misleading;
      15. consist of or contain any instructions, advice or other information which may be acted upon and could, if
        acted upon, cause illness, injury or death, or any other loss or damage;
      16. constitute spam;
      17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful,
        discriminatory or inflammatory; or
      18. cause annoyance, inconvenience or needless anxiety to any person.
  8. Limited warranties
    1. I do not warrant or represent:
      1. the completeness or accuracy of the information published on my website;
      2. that the material on the website is up-to-date;
      3. that the website will operate without fault; or
      4. that the website or any service on the website will remain available.
    2. I reserve the right to discontinue or alter any or all of my website services, and to stop publishing my
      website, at any time in my sole discretion without notice or explanation; and save to the extent expressly
      provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment
      upon the discontinuance or alteration of any website services, or if I stop publishing the website.
    3. To the maximum extent permitted by applicable law and subject to Section 12.1, I exclude all representations
      and
      warranties relating to the subject matter of these terms and conditions, my website and the use of my website.
  9. Limitations and exclusions of liability
    1. Nothing in these terms and conditions will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liabilities in any way that is not permitted under applicable law; or
      4. exclude any liabilities that may not be excluded under applicable law.
    2. The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and
      conditions:

      1. are subject to Section 9.1; and
      2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these
        terms and conditions, including liabilities arising in contract, in tort (including negligence) and for
        breach
        of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    3. To the extent that my website and the information and services on my website are provided free of charge, we
      will not be liable for any loss or damage of any nature.
    4. I will not be liable to you in respect of any losses arising out of any event or events beyond my reasonable
      control.
    5. I will not be liable to you in respect of any business losses, including (without limitation) loss of or
      damage
      to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities
      or goodwill.
    6. I will not be liable to you in respect of any loss or corruption of any data, database or software.
    7. I will not be liable to you in respect of any special, indirect or consequential loss or damage.
  10. Breaches of these terms and conditions
    1. Without prejudice to my other rights under these terms and conditions, if you breach these terms and
      conditions
      in any way, or if I reasonably suspect that you have breached these terms and conditions in any way, I may:

      1. send you one or more formal warnings;
      2. temporarily suspend your access to my website;
      3. permanently prohibit you from accessing my website;
      4. block computers using your IP address from accessing my website;
      5. contact any or all of your internet service providers and request that they block your access to my
        website;
      6. commence legal action against you, whether for breach of contract or otherwise; and/or
    2. Where I suspend or prohibit or block your access to my website or a part of my website, you must not take any
      action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or
      using a different account).
  11. Variation
    1. I may revise these terms and conditions from time to time.
    2. The revised terms and conditions shall apply to the use of my website from the date of publication of the
      revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be
      notified
      of, or to consent to, revisions of these terms and conditions.
  12. Assignment
    1. You hereby agree that I may assign, transfer, sub-contract or otherwise deal with my rights and/or obligations
      under these terms and conditions.
    2. You may not without my prior written consent assign, transfer, sub-contract or otherwise deal with any of your
      rights and/or obligations under these terms and conditions.
  13. Severability
    1. If a provision of these terms and conditions is determined by any court or other competent authority to be
      unlawful and/or unenforceable, the other provisions will continue in effect.
    2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if
      part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in
      effect.
  14. Third party rights
    1. A contract under these terms and conditions is for my benefit and your benefit, and is not intended to benefit
      or be enforceable by any third party.
    2. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the
      consent of any third party.
  15. Entire agreement
    1. These terms and conditions, together with my privacy and cookies policy, shall constitute the entire agreement
      between you and I in relation to your use of my website and shall supersede all previous agreements between you
      and us in relation to your use of my website.
  16. Law and jurisdiction
    1. These terms and conditions shall be governed by and construed in accordance with Scottish law.
    2. Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the
      courts of Scotland.
  17. Statutory and regulatory disclosures
    1. If I am promoting any sponsored (gifted) content on my website, or within links through to social media
      channels, this shall be clearly specified.
  18. My details
    1. This website is owned and operated by Elevate Personal Styling, Edinburgh, Scotland.
    2. You can contact me:
      1. using the website contact form;
      2. by telephone, on the contact number published on the website; or
      3. by email, using the email address published on the website.