Last updated 24 March 2021
1. Agreement to Terms
1.1 These terms and conditions constitute a legally binding agreement made between, you, whether personally or on behalf of an entity (you), and John Amabile Design (us), concerning your access to and use of the John Amabile Design website, the (Site). The Site provides the following services: John Amabile Design Essentials Range and details for John Amabile Design (Services). You agree that by accessing the Site and/or Services, you have read, understood and agree to be bound by these Terms and Conditions.
1.2 The supplemental policies set out in section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by a “Revised” date, and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of the updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.
1.5 our Site is directed to people residing in the UK. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include: Our Privacy Policy which sets out the terms on which we process personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing, and you warrant that all data provided by you is accurate. If you purchase from the Site, our Delivery and Returns terms and conditions of supply will apply.
2. Acceptable Use
2.1 You may not access or use the Site for any purpose other than that for which we make the Site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically approved or endorsed by us.
3. Information you provide to us
3.1 You represent and warrant that (a) all registration information you submit will be true, accurate, current and completed and relate to you and not a third party. (b) you will maintain the accuracy of such information and promptly update such information, as necessary. (c) you will keep your password confidential and will be responsible for all use of your password and account. (d) you have the legal capacity, and you agree to comply with the Terms and conditions; and (e) you are not a minor in the jurisdiction that you reside, or if a minor, you have received parental permission to use the Site.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such a name is inappropriate.
4. Our Content
4.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (Our Content) are owned or licensed to us and are protected by copyright and trademark laws.
4.2 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error connection, any modifications, adaptions, additions or enhancements to the Site or Our Content.
4.3 We shall (a) prepare the Site and our Content with reasonable skill and care, and (b) use industry-standard virus detection software to try and block the uploading of content to the Site that contains viruses.
5 Link to third party content
5.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.
6. Site Management
6.1 We reserve the right at our sole discretion to (a) monitor the Site for breaches of these Terms and Conditions; (b) take appropriate legal action against anyone in violation of applicable laws; (c) refuse, restrict access or availability of, or disable (to the extent technologically feasible) any of your Contributions; (d) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
6.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
6.3 You are responsible for configuring your information technology, computer programs and platform to access the Site, and you should use your own virus protection software.
7. Modifications to and availability of the Site.
7.1 We reserve the right to change, modify, or remove the contents of the Site at any time, or for any reason at our sole distribution without notice. We also reserve the right to modify or discontinue all or part of the Service without notice at any time.
7.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime ort discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
7.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate the Services, including descriptions, pricing, availability, and various other information. We reserved the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
8. Disclaimer / Limitation of Liability
8.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressed set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use therefore including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (a) errors or omissions in content, (b) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored on our server, (c), any interruption or cessation of transmission to or from the Site or Service, (d), any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if an event beyond our reasonable control causes such a delay or failure.
8.2 Our responsibility for loss or damage suffered by you.
Whether you are a consumer or business users.
9. Term and Termination
9.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by contacting us at hello@johnamabiledesign.com.
9.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking specific IP addresses), to any person for any breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
Suppose we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation. In that case, we may terminate your use or participation in the Site and the Services or delete your profile.
9.3 If we terminate or suspend your account for any reason set out in this Section 8, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
10. General
10.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
10.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
10.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of any such right or provision.
10.4 We may assign any or all of our rights and obligations to others at any time.
10.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
10.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable that provision or part of the provision is deemed severable from the Terms and Conditions and does not affect the validity and enforceability of any remaining provision.
10.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
10.8 To resolve a complaint regarding the Services or to receive further information regarding the use of our services; please contact us by email at hello@johnamabiledesign.com.