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Terms of use
Last updated: 28 March 2023
Welcome to our website. These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
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1. Introduction
1.1 This website is owned and operated by Tara Downes.
1.2 By using our website, you agree to these terms of use in full; accordingly, if you disagree with these terms of use or any part of these terms of use, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms of use.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms of use, you warrant and represent to us that you are at least 18 years of age.
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2. Copyright notice
2.1 Copyright © Tara Downes 2023.
2.2 Subject to the express provisions of these terms of use:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
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3. License to use website
3.1 You may view, download for caching purposes only, and print pages from our website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
3.2 You must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent, or sub-license material from our website;
(c) show any material from our website in public;
(d) reproduce, duplicate, copy, or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on our website;
(f) redistribute material from our website (except for content specifically and expressly made available for redistribution); or
(g) use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
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4. Acceptable use
4.1 You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
4.2 You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
4.3 You must not use our website to send any unsolicited messages or marketing material, or to collect or store personal information about other users of our website.
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5. Limitations of liability
5.1 Nothing in these terms of use will:
(a) limit or exclude our liability for death or personal injury resulting from negligence;
(b) limit or exclude our liability for fraud or fraudulent misrepresentation;
(c) limit any of our liabilities in any way that is not permitted under applicable law; or
(d) exclude any of our liabilities that may not be excluded under applicable law.
5.2 The limitations and exclusions of liability set out in this Section 5 and elsewhere in these terms of use:
(a) are subject to Section 5.1; and
(b) govern all liabilities arising under these terms of use or relating to the use of our website, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms of use.
5.3 To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature whatsoever.
5.4 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
5.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms of use.
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6. Indemnity
You agree to indemnify us and our officers, employees, and agents from and against any claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with your use of our website or any breach by you of these terms of use.
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7. Variation
7.1 We may revise these terms of use from time to time by updating this page.
7.2 The revised terms of use shall apply to the use of our website from the date of publication of the revised terms of use on our website.
7.3 We reserve the right to modify, suspend or discontinue, temporarily or permanently, the website or any part of it, with or without notice to you, and we will not be liable to you or to any third party for any such modification, suspension or discontinuance of the website or any part of it.
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8. Assignment
8.1 We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
8.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
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9. Entire agreement
These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of our website.
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10. Governing law and jurisdiction
10.1 These terms of use shall be governed by and construed in accordance with English law.
10.2 Any disputes relating to these terms of use shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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11. Contact us
If you have any questions about these terms of use or our website, please contact us at team@happyand.company.
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12. Termination
We reserve the right to terminate these terms of use and to deny you access to the website at any time in our sole discretion without notice or explanation, including if we believe that you have breached any provision of these terms of use.
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13. Waiver
Our failure to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision.
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14. Severability
If any provision of these terms of use is deemed unlawful, void or unenforceable for any reason, that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
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15. Interpretation
15.1 The headings used in these terms of use are for convenience only and shall not affect their interpretation.
15.2 Words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, corporations and unincorporated associations.
15.3 These terms of use are binding upon and shall inure to the benefit of the parties mentioned above, and their respective successors and permitted assigns.
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Thank you for reading our terms of use. If you have any questions or concerns about these terms, please do not hesitate to contact us at team@happyand.company.