1. About us. https://kathryntilly.com/ (the “Site”) is a website operated by Kathryn Tilly Limited, a limited company registered in England and Wales under company number 11112135 with a registered address at 11 Wheatsheaf Close, Ripon, North Yorkshire, HG4 2SH, United Kingdom. In these Terms, “we”, “us” or “our” refers to Kathryn Tilly Limited.
3. We may make changes to these Terms. We amend these Terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
4. We may suspend or withdraw our Site. Our Site is made available free of charge. We do not guarantee that our Site, 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 Site for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5. You must keep your account details safe.
- If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
- If you know or suspect that anyone other than you knows your user identification code or password, please notify us promptly using the contact details below.
6. We are not responsible for third-party websites our Site links to. Where our Site contains links to other sites 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 information on those sites or resources.
7. User-generated contributions are not approved by us. Our Site may include information and materials uploaded by other users of the Site, including comments, reviews and social walls. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
9. Uploading Contributions to our Site.
9.1 Whenever you make use of a feature that allows you to upload something to our site (including comments or reviews) (“Contributions”), you must comply with the standards in this clause (the “Contribution Standards”). These Contribution Standards must be complied with in spirit as well as to the letter. The Contribution Standards apply to each part of any Contribution, as well as to the Contribution as a whole. We will determine, in our sole discretion, whether a Contribution breaches these Contribution Standards.
9.2 A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales and in any country from which it is posted.
9.3 A contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Bully, insult, intimidate or humiliate.
- Promote sexually explicit material (including child sexual abuse material).
- Promote violence.
- Promote discrimination of any kind, including discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trademark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from us if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducements to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other websites.
9.4. When you make a Contribution you are warranting that you own or have the necessary rights to do so and that you are not infringing or violating any third party’s rights. If you contribute anything you do not own or have the necessary rights to, these Terms give us the right to remove the Contribution, terminate your account and take legal action against you. If you are not sure that you own or have the necessary rights to something you want to contribute, please contact us.
9.5. If you are being paid (or otherwise incentivised) to make a Contribution, you must disclose this fact to us before making the Contribution.
9.6. We are not responsible for the accuracy of Contributions or for any opinions, views or values expressed in any Contributions posted by users. Any such opinions, views or values are those of the relevant user and do not reflect our opinions, views or values in any way. You agree to be polite and respectful to other users (even if their Contribution expresses an opinion, view or value that you disagree with).
9.7. Any Contribution will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Contributions, but you are required to grant us a free licence to use them in accordance with these Terms (including in our marketing, advertising or promotions).
9.8. We have the right to disclose your identity to any third party who is claiming that your Contribution constitutes a violation of their intellectual property rights, or of their right to privacy.
9.9. We have the right to remove any Contribution you make if, in our opinion, your contribution does not comply with the Contribution Standards set out in this clause.
10. Rules about linking to our Site.
- We encourage you to link to any page on our Site, provided you do so in a way that is fair and legal, complies with our Terms 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.
- Our Site must not be framed on any other site.
- We reserve the right to withdraw linking permission without notice.
- If you wish to link to or make any use of content on our Site other than as set out in these terms, please contact us at firstname.lastname@example.org.
Our Site’s content is our intellectual property. Content displayed anywhere on our site is our intellectual property. Although you’re permitted to link to our Site (subject to the terms above), you are not permitted to copy or use any of our content without our permission.
11. You may only use our Site for lawful purposes. You may not use our Site: in any way that breaches any applicable local, national or international law or regulation, in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
12. We are not responsible for viruses and you must not introduce them.
- You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software. We do not guarantee that our Site will be secure or free from bugs or viruses.
- You must not misuse our Site 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 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 cooperate 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.
13. Suspension and termination
- We will determine, in our discretion, whether there has been a breach of these Terms. If you breach these terms, we may take any action we deem appropriate, including:
13.1.1. Immediate, temporary or permanent withdrawal of your right to use our Site (including suspension or termination of your account).
13.1.2. Immediate, temporary or permanent removal of any Contribution uploaded by you.
13.1.3. Legal proceedings against you, including for reimbursement of all costs resulting from the breach on an indemnity basis (including, but not limited to, reasonable administrative and legal costs).
13.2 You will be liable to us and agree to indemnify us for any breach of these terms (or any other act or omission by you that results in our legal responsibility to any third party), including for Contributions that do not comply with our Contribution Standards. This means you will be responsible for any loss or damage we suffer as a result of your actions.
14. Our responsibility for loss or damage suffered by you.
- Please note that we only provide our site for domestic and private use. You agree not to use our Site 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.
- 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.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any of our products or services, which will be set out in our Terms of Business.
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to any person or entity. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- We will not lose our rights under these terms by reason of any delay by us in enforcing those rights.
- If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
- These Terms, and all other agreements or documents referenced in them, constitute the entire agreement as to your use of and our provision of the Site.
- These Terms, 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).
16. Interpreting these terms. In these terms, the following rules of interpretation apply:
- A “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted includes any subordinate legislation made under that statute or statutory provision as amended or re-enacted.
- Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
- Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
- A reference to writing or written includes emails.
- Clause headings are inserted for convenience only and shall not affect the interpretation of these terms.
17. How to contact us. To contact us, please email email@example.com.