Terms and Conditions of Using the Yorkshire Garden Designer Website
2. The term “Yorkshire Garden Designer” or “us” or “we” refers to the owner of the website Sally Tierney trading as Yorkshire Garden Designer whose trading address is The Danesmead Business Centre, The Studio, 33 Fulford Cross, York, YO10 4PB. The term “you” refers to the user or viewer of our website.
3.1. The content of the pages of this website is for your general information and use only. It is subject to change without notice
3.2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and any information, data, images, or other materials (“Material”) may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law
3.3. “Yorkshire Garden Designer” does not want to receive confidential or proprietary information from you through this website. Any information or Material sent to “Yorkshire Garden Designer” will be deemed NOT to be confidential. By sending any information or Material to “Yorkshire Garden Designer”, you grant “Yorkshire Garden Designer” an unrestricted, irrevocable, perpetual licence to use, reproduce, display, transmit and distribute that Material or information, and you also agree that “Yorkshire Garden Designer” is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. You further agree to indemnify, defend and hold “Yorkshire Garden Designer” harmless for any liability arising due to the use or distribution of those materials
3.4. Your use of any information or Material on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements
3.5. This website contains Material which is owned by or licensed to us. This Material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions
3.6. The Yorkshire Garden Designer name and logos are registered and may not be used without Yorkshire Garden Designer’s written permission. Nor, must you use the copyright, trademark rights, database rights, patent rights and any other intellectual property rights in text, graphics, audio, video or image files, content, software, data and information displayed on, or available from www.competitiveedgedesign.com. This includes the organisation and layout of the sites and the underlying software that’s owned by us or our licensors and suppliers
3.7. You agree that all these Materials are available for your personal use only, and you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any such Materials without our written permission reproduced in this website. Any Materials which are not the property of, or licensed to Yorkshire Garden Designer, are acknowledged on the website
3.8. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence
3.9. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
3.10. You may not create a link to this website from another website or document without Yorkshire Garden Designer’s prior written consent
3.11. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
4. Our Website Disclaimer
4.1. The Material contained in this website is for general information purposes only. The information is provided by “Yorkshire Garden Designer” and whilst we endeavour to keep the Material up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the Material, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk
4.2. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website. In other words, we are not responsible for any injury, loss, claim, damage, or any indirect, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information) which arises out of or is in any way connected with your use of or failure to use the Yorkshire Garden Designer website. This includes any Material, products or services obtained through our website
4.3. Through this website you are able to link to other websites which are not under the control of “Yorkshire Garden Designer”. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them
4.4. Every effort is made to keep the website up and running smoothly. However, “Yorkshire Garden Designer” takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control. We may need to update the content of the “Yorkshire Garden Designer” website and/or maintain the software and other equipment that runs the sites. During these times you may not be able to access the website or it may be a bit slower than normal.
4.5. It is important to note that using the Internet does have its dangers. We take reasonable steps to ensure a fast and reliable service, but we can’t be held responsible for:
4.5.1. the security of “Yorkshire Garden Designer”
4.5.2. for any damage, loss of, or corruption of any data, information or material or viruses that may infect your computer equipment or other property
4.5.3. breach of security by hackers as a result of your use of the “Yorkshire Garden Designer” website
5. User Responsibilities
5.1. In using the Site, you agree not to knowingly transmit:
5.1.1. any Materials that are unlawful, harmful, threatening, defamatory, vulgar, obscene, libellous or otherwise objectionable or that may invade another’s right of privacy
5.1.2. any Material that infringes any intellectual property right, including but not limited to patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party
5.1.3. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
5.1.4. Violate any law
5.1.5. Violate or attempt to violate the security of this website, including without limitation to
– log in to a server or account that you are not authorised to access
– attempt to test, scan, probe or hack the vulnerability of this website or any network used by this website or to breach security, encryption or other authentication measures
– attempt to interfere with this website by overloading, flooding, pinging, mail bombing or crashing it
– reverse, engineer, decompile or disassemble any portion of this website
5.1.6. Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any portion of this website, other than the search engine and search agents available from “Yorkshire Garden Designer” on the Site and generally available third party web browsers (e.g., Netscape Navigator and Microsoft Explorer)
5.1.7. Use this website or any of the data obtained through this website, specifically including but not limited to email addresses, to send email to any individual unless such email communication fully complies with all laws of England and Wales to protect the said individual from unsolicited email.
5.2. Yorkshire Garden Designer does not accept the following behaviour:
5.2.1. distributing, disseminating or storing images, texts or materials that might be considered indecent, pornographic, obscene or illegal
5.2.2. distributing, disseminating or storing images, text or materials that might be considered offensive or abusive, in that the context is a personal attack, sexist or racist
5.2.3. infringing, damaging or interfering with the copyright or intellectual property rights of Yorkshire Garden Designer or any of our associated companies or third parties
5.2.4. breaking into our system or unauthorised use of a password/mailbox
5.2.5. broadcasting unsolicited personal views on social, political, religious or other non-business related matters
5.2.6. transmitting unsolicited commercial or advertising material
5.2.7. introducing any form of computer virus into the corporate network
5.3. If we consider or find that you have breached any of these terms and conditions, we shall:
5.3.1. in the first instance, notify you by e-mail of the breach and ask that you stop such behaviour as well as delete any materials or content that you have posted without giving notice to you
5.3.2. if your unacceptable behaviour continues, we will take the necessary steps to prevent you from using any of the competitiveedgedesign.com sites.
6. Copyright Notice
6.1. This website and its content is the copyright and intellectual property of “Yorkshire Garden Designer – © “Yorkshire Garden Designer 2010. All rights reserved.
6.2. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
6.2.1. you may print or download to a local hard disk extracts for your personal and non-commercial use only
6.2.2. you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the Material
6.3. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system
7.2. “Yorkshire Garden Designer” is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement
7.3. “Yorkshire Garden Designer” may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from January 2008.
7.4. What we collect
We may collect the following information:
7.4.1. name and job title
7.4.2. contact information including email address
7.4.3. demographic information such as post code, preferences and interests
7.4.4. other information relevant to customer surveys and/or offers
7.5. What we do with the information we gather
7.5.1. We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
22.214.171.124. Internal record keeping
126.96.36.199. We may use the information to improve our products and services
188.8.131.52. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided
184.108.40.206. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail
220.127.116.11. We may use the information to customise the website according to your interests.
8.1. We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online
9.1. A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences
9.2. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system
9.3. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us
9.4. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
10. Links to other websites
10.1. Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question
11. Controlling your personal information
11.1. You may choose to restrict the collection or use of your personal information in the following ways:
11.1.1. whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do want the information to be used by “Yorkshire Garden Designer” for direct marketing purposes
11.1.2. if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us
11.2. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen
11.3. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please contact us
11.4. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
You agree that no joint venture, partnership, employment or agency relationship exists between you and “Yorkshire Garden Designer” as a result of these terms and conditions and/or your use of this website
12.2. Entire Agreement
These terms and conditions represent the entire binding agreement between you and “Yorkshire Garden Designer” and each party’s respective successors and assigns, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding this website or the information therein.
12.3. Modifications, Assignment and Waiver
“Yorkshire Garden Designer” shall have the right to modify these terms and conditions at any time by posting them on this website and providing notice on this website that they have been changed. Changes will be binding on you on the date they are posted on this website (or as otherwise stated in any notice to you of such changes). Any use of this website will be regarded as acceptance by you of the then-current terms and conditions. If at any time you find the terms and conditions unacceptable and do not agree to such terms and conditions, you must stop using or accessing this website. Any new or different terms supplied by you will be rejected by “Yorkshire Garden Designer”. “Yorkshire Garden Designer” may assign these terms and conditions at its discretion. You may not assign any part of these terms and conditions without the prior written consent of “Yorkshire Garden Designer”. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.