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LEGAL

Some boring, but necessary details.

OVERVIEW

This page (together with the documents referred to on it) in conjunction with our Privacy Policy tells you the terms of use on which you may make use of our website www.elloydowen.com (“our Site”), whether as a guest or a registered user (“You”).

Please read these terms of use carefully before you start to use the site. By using our Site and the services available on our Site (including but not limited to any service, software, application, functionality, program or otherwise created by us) (together “the Services”), you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Site.

By visiting our Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understood, have legal capacity to and agree to be legally bound by these terms of use.

INFORMATION ABOUT US

www.elloydowen.com is a site operated by Ed Lloyd Owen Photography (“We”). Our registered office at 71 ALBERT PALACE MANSIONS, LURLINE GARDENS, LONDON, SW11 4DQ.

ACCESSING OUR SITE AND REGISTRATION

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period. We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us or not.

To obtain and use the Services, you will be required to register with us. Following registration you will be issued with an activation code. If you choose, or you are provided with, a user activation code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. If you choose to share your password with a third party you do so at your own risk. You are responsible for any and all activities that occur under your user activation code or password or other breach of our security procedures. You may change your password at any time. We are not liable for any loss or damage arising as a result of any unauthorised access and/or use of your account. We have the right to disable any user activation code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our Site, you must comply with the provisions of our acceptable use policy. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection or password are aware of these terms, and that they comply with them.

If you suspect any unauthorised use of your account, user name or password, or of any known or suspected breach of security involving your account, you should as soon as possible, contact us so we may investigate and take such action as we, at our sole discretion, consider appropriate.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site 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 Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE

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, but 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 from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

If you wish to make any use of material on our Site other than that set out above, please address your request to enquiries@elloydowen.com

LINKS FROM OUR SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

ACCEPTABLE USE POLICY

You also agree:
  1. Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our terms of website use.
  2. Not to access without authority, interfere with, damage or disrupt:
    • any part of our Site;
    • any equipment or network on which our Site is stored;
    • any software used in the provision of our Site; or
    • any equipment or network or software owned or used by any third party.
Interactive Services

Where we provide interactive services, that is the ability for you to store and exchange information, photos, materials, files, ideas, comment or otherwise, use our blog facilities or any other interactive service offered by us we will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety onlin

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards

These content standards apply to any and all material which you contribute to our Site (“Contributions”), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:
  1. Be accurate (where they state facts).
  2. Be genuinely held (where they state opinions).
  3. Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
  1. Contain any material which is defamatory of any person.
  2. Contain any material which is obscene, offensive, hateful or inflammatory.
  3. Promote sexually explicit material.
  4. Promote violence.
  5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  6. Infringe any copyright, database right or trade mark of any other person.
  7. Be likely to deceive any person.
  8. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  9. Promote any illegal activity.
  10. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  11. Be likely to harass, upset, embarrass, alarm or annoy any other person.
  12. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  13. Give the impression that they emanate from us, if this is not the case.
  14. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our Site, 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 Site.
  2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
  3. Issue of a warning to you.
  4. 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.
  5. Further legal action against you.
  6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Site, 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 may print off copies of any page(s) from our Site for your personal reference.

You must not modify the paper copies of any materials you have printed off and you must not use any illustrations, photographs, or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off or copy any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

OUR REFUNDS POLICY

If a Product is faulty or damaged when received by you please contact us first by email at the following address: enquiries@elloydowen.com.

Such notification must be made within 7 days of receipt of the Products otherwise we will not accept any claims made. Upon us receiving the returned damaged or faulty Products we will examine the returned Product and if we agree with the damaged condition will notify you of your refund via e-mail within a reasonable period of time.

We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

YOUR RESPONSIBILITIES

You agree to comply with our Acceptable Use Policy.

You are responsible for the security and use of your membership as set out in these terms.

You agree and warrant to us that all information given by you when you register with our Site or place an order for any Products is accurate and not misleading and that all details you provide to us for the purpose of setting up an account including the details of your credit or debit card, will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facility to cover the cost of your purchase. We reserve the right to obtain confirmation of the validity of your credit or debit card details from any relevant financial services provider or credit reference agency.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to upload your Contributions and you warrant that the Contributions you upload will be free from infection, viruses and/or other code that has contaminating or destructive properties. Your use of the internet in uploading Contributions shall be entirely at your own risk and subject to all applicable laws and regulations in force. We will not be responsible for any loss of your Contributions howsoever caused.

Anything you download in connection with the Services is downloaded and used by you at your own risk and you are solely responsible for any damage to your own computer system or loss of data which results from the download of any such material.

OUR LIABILITY

Products

We warrant to you that any Product purchased from us through our Site is of satisfactory quality for which products of the kind are commonly supplied.

Colours shown in images on this Site are as accurate as possible but may vary slightly from the genuine article.

Due to the bespoke nature of the products you assume responsibility for Products being reasonably suitable for the purpose for which they are required.

Services

The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy.

Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

We cannot guarantee that our Site will be compatible with your computer. We cannot guarantee, represent or warrant that downloading content or use of the Site will be successful, and we do not guarantee, represent or warrant that any such downloading or use will not cause damage to your computer, data, software, files or peripherals, and we will not be liable for any such damage caused by your use or downloading from our Site.

We have no control or supervision on the exchanged contents and online contents and cannot be held responsible for the same.

We shall not be liable for any loss of personal data.

Important Notice
Except where expressly stated otherwise in these Terms of Use, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
  1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site, the Services or Products purchased, or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

If we are liable to you for any reason, our liability will be limited to whichever the higher of the amount paid by you for the Services or the Products or any compensation for non-delivery or misdelivery you may receive from the Royal Mail or any other carrier we use.

Nothing in this clause in any way limits or excludes our liability:
  1. For death or personal injury caused by our negligence;
  2. Under section 2(3) of the Consumer Protection Act 1987;
  3. For fraud or fraudulent misrepresentation; or
  4. For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us.
  5. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
The limitations and exclusions in this clause do not affect your non-excludable statutory rights as a consumer and only apply to the extent permitted by law.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

NOTICES

All notices given by you to us must be given to Ed Lloyd Owen Photography at enquiries@elloydowen.com.

We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified herein. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

GENERAL

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

If any provision or part of these terms and conditions is or becomes illegal, invalid or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you and become effective as soon as they are posted. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.

JURISDICTION AND APPLICABLE LAW

These terms and conditions and any dispute in relation to them is governed by English law and the English courts shall have exclusive jurisdiction over any claim or dispute arising from, or related to, a visit to our Site or from contracts through our Site.

YOUR CONCERNS

If you have any concerns about material which appears on our Site, please contact enquiries@elloydowen.com

Thank you for visiting our Site.

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