Last updated 31 August 2023
The following documents also apply to your use of Our Site:
1. Definitions and Interpretation
|“Account”||means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;|
|“Contact Tools”||means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat;|
|“Content”||means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;|
|“Data Protection Legislation”||means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018); the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended;|
|“Paid Content”||means digital content made available for sale via Our Site;|
|“User”||means a user of Our Site;|
|“User Content”||means any content submitted to Our Site by Users including, but not limited to, comments; and|
|“We/Us/Our”||means Sara Jayne Slocombe trading as Amethyst Raccoon, of 5 Chunal Lane, Glossop, Derbyshire, SK13 6JX, United Kingdom.|
2. Information About Us
- 2.1 Our Site, https://www.amethystraccoon.co.uk/, is owned and operated by Sara Jayne Slocombe trading as Amethyst Raccoon, of 5 Chunal Lane, Glossop, Derbyshire, SK13 6JX, United Kingdom.
- 2.2 We are registered with and supervised by HM Revenue & Customs.
3. Access to Our Site
- 3.1 Access to Our Site is free of charge.
- 3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
- 3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Changes to Our Site
We may alter and update Our Site (or any part of it) at any time.
5. International Users
Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.
- 6.1 Certain parts of Our Site (including the ability to purchase Paid Content from Us) may require an Account in order to access them.
- 6.2 You may not create an Account if you are under 18 years of age.
- 6.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
- 6.4 We recommend that you choose a strong password for your Account, consisting of at least 24 characters. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at email@example.com. We will not be liable for any unauthorised use of your Account.
- 6.5 You must not use anyone else’s Account.
- 6.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.
- 6.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access. If you close your account, only the minimum legally required information about your transactions will be kept.
- 6.8 If you close your Account, any User Content you have created on Our Site will be deleted.
7. How You May Use Our Site and Content (Intellectual Property Rights)
- 7.1 All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
- 7.2 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
- 7.3 You may print copies and download extracts of any page(s) from Our Site.
- 7.4 You may download and save any Content from Our Site where We clearly indicate that it is available for download.
- 7.5 You may not use any Content (including, but not limited to that which you have saved or downloaded) from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, as applicable). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
- 7.6 You may not systematically copy, save, or download Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database without Our express written permission.
- 7.7 Unless expressly stated in these Terms and Conditions or on Our Site, you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site without Our express written permission. For further information about the re-use of Content from Our Site, please Contact Us using the details provided above in Part 3.
- 7.8 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.
- 7.9 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche. Further information is available from the UK Intellectual Property Office.
8. User Content
- 8.1 User Content on Our Site includes (but is not necessarily limited to) comments.
- 8.2 An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
- 8.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 11.
- 8.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
- 8.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
- 8.6 If you wish to remove User Content from Our Site, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
- 8.7 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
- 8.8 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
9. Links to Our Site
- 9.1 You may link to Our Site provided that:
- 9.1.1 you do so in a fair and legal manner;
- 9.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
- 9.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
- 9.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
- 9.2 You may link to any page of Our Site.
- 9.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at firstname.lastname@example.org for further information.
- 9.4 You may not link to Our Site from any other site the main content of which contains material that:
- 9.4.1 is sexually explicit;
- 9.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
- 9.4.3 promotes violence;
- 9.4.4 promotes or assists in any form of unlawful activity;
- 9.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
- 9.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- 9.4.7 is calculated or is otherwise likely to deceive another person;
- 9.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
- 9.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
- 9.4.10 implies any form of affiliation with Us where none exists;
- 9.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
- 9.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- 9.5 The content restrictions in sub-Clause 9.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 9.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
10. Links to Other Sites
- 10.1 Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
- 10.2 The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
11. Liability and Disclaimers
- 11.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.
- 11.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
- 11.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning Paid Content for sale through Our Site. Please refer to Our Terms of Sale for more information.
- 11.4 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
- 11.5 If you are a business user, We hereby exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Content. We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
- 11.6 If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.
- 11.7 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
- 11.9 The limitations of liability included in this Clause 11 apply only to the use of Our Site and not to the sale of Paid Content, which is governed separately by Our Terms of Sale.
12. Viruses, Malware, and Security
- 12.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
- 12.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
- 12.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
- 12.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
- 12.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
- 12.6 By breaching the provisions of sub-Clauses 12.3 to 12.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
13. Privacy and Cookies
15. How to Contact Us
- 15.1 To contact Us by email, please email Us at email@example.com or to contact Us by telephone, please call Us on 0145 777 9111.
- 15.2 We also provide the following Contact Tools for you to contact Us:
- 15.3 When using Our Contact Tools or contacting Us by any other means, Our Acceptable Usage Policy applies.
- 15.4 We may monitor any and all communications made using Our Contact Tools.
16. Communications from Us
- 16.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. Email marketing options can also be changed in your Account Preferences. If you opt out of receiving emails from Us at any time, it may take up to 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
- 16.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at firstname.lastname@example.org or via Our Contact Form.
17. Data Protection
- 17.1 All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.
18. Law and Jurisdiction