Terms & Conditions

These Terms & Conditions, together with any other documents referred to in these Terms & Conditions, sets out the terms of use under which you may use Our Website, www.kimrosecraft.co.uk (“Our Website”).  Please read these Terms & Conditions and ensure that you understand them. Your agreement to comply with and be bound by these Terms & Conditions is deemed to occur upon your first use of Our Website.  If you do not agree to comply with these Terms & Conditions, you must not use Our Website.

  1. Definitions and Interpretation
    1. In these Terms & Conditions, the following expressions have the following meanings:
      1. Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Website; and
      2. We” or “Us” or “Our” means KimRose Craft
  2. Information About Us
    1. Our Website, www.kimrosecraft.co.uk, is owned and operated by KimRose Craft
  3. Access to Our Website
    1. Access to Our Website is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access Our Website.
    3. Access to Our Website is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Website (or parts of it) at any time and without notice.  We will not be liable to you in any way if Our Website (or any part of it) is unavailable at any time.
  4. Intellectual Property Rights
    1. All Content included on Our Website and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by KimRose Craft.  All Content is protected by relevant United Kingdom and international intellectual property laws and treaties.
    2. Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store or in any other manner re-use Content from Our Website unless given express written permission to do so by KimRose Craft.
    3. You may:
      1. Access, view and use Our Website in a web browser (including any web browsing capability built into other types of software or app);
      2. Download Our Website (or any part of it) for caching;
      3. Print pages from Our Website;
      4. Download extracts from pages on Our Website; and
      5. Save pages from Our Website for later and/or offline viewing.
    4. Our status as the owner and author of the Content on Our Website must always be acknowledged.
    5. You may not use any Content saved or downloaded from Our Website for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Website for general information purposes whether by business users or consumers.
    6. Nothing in these Terms & Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
  5. Links to Our Website
    1. You may link to Our Website provided that:
      1. You do so in a fair and legal manner;
      2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
      3. You do not use any logos displayed on Our Website without Our written permission; and
      4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
      5. You may link to any page of Our Website as appropriate.
    2. Framing or embedding of Our Website on other websites is not permitted without Our express written permission.  Please contact Us at hello@kimrosecraft.co.uk for further information.
    3. You may not link to Our Website from any other site which contains material that:
      1. is obscene, deliberately offensive, hateful or otherwise inflammatory;
      2. is sexually explicit in any way;
      3. supports or promotes violence in any way;
      4. assists or promotes in any form of unlawful activity whatsoever;
      5. discriminates against, or is in any way defamatory of, any person, group or class of persons based on race, sex, religion, nationality, disability, sexual orientation, age, etc.;
      6. is intended or is likely to threaten, alarm, harass, upset, annoy, inconvenience or embarrass another person in any way;
      7. is designed or is likely to deceive another person;
      8. is intended or is likely to infringe (or to threaten to infringe) another person’s privacy;
      9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is likely to deceive;
      10. suggests or implies any form of affiliation with Us where none actually exists;
      11. infringes, or helps in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
      12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
  6. Links to Other Sites
    1. Links to other sites may be included on Our Website as we see fit and to improve Our Website visitor experience.  Unless expressly stated, these sites are not under Our control.  We do not accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Website is for information only and does not imply any endorsement of the sites themselves or of those in control of them. You should review the terms, privacy policy and cookie policy of those other sites as you see fit.
  7. Disclaimers
    1. Nothing on Our Website constitutes advice on which you should rely solely.  It is provided for general information purposes only.
    2. Insofar as is permitted by law, We make no representation, warranty or guarantee that Our Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    3. We make reasonable efforts to ensure that the Content on Our Website is complete, accurate and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate or up-to-date.
  8. Our Liability
    1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Website or the use of or reliance upon any Content included on Our Website.
    2. To the fullest extent permissible by law, We exclude all representations, warranties and guarantees (whether express or implied) that may apply to Our Website or any Content included on Our Website.
    3. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    4. We exercise all reasonable skill and care to ensure that Our Website is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Website (including the downloading of any Content from it) or any other site referred to on Our Website.
    5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Website resulting from external causes including, but not limited to, host equipment failure, ISP equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    6. Nothing in these Terms & Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact the Citizens’ Advice Bureau or Trading Standards Office.
  9. Viruses, Malware and Security
    1. We exercise all reasonable skill and care to ensure that Our Website is secure and free from viruses and malware.
    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Website.
    4. You must not attack Our Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    5. You must not attempt to gain unauthorised access to any part of Our Website, the server on which Our Website is stored, or any other server, computer, or database connected to Our Website.
    6. By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Website will cease instantly in the event of such a breach.
  10. Acceptable Usage Policy
    1. You may only use Our Website in a manner that is lawful.  Specifically:
      1. you must ensure that you comply with any and all local, national or international laws and/or regulations;
      2. you must not use Our Website in any way, or for any purpose, that is unlawful or fraudulent;
      3. you must not use Our Website to knowingly send, upload or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
      4. you must not use Our Website in any way, or for any purpose, that is intended to harm any person or persons.
    2. We reserve the right to suspend or stop your access to Our Website if you breach the provisions of this Clause 10 or any of the other stipulations of these Terms & Conditions.  Specifically, We may take one or more actions as outlined below:
      1. suspend, temporarily or permanently, your right to access Our Website;
      2. issue you with a written warning;
      3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      4. take further legal action against you as appropriate;
      5. disclose such information to law enforcement authorities as required or as We deem necessary; and/or
      6. any other actions which We deem appropriate and lawful.
    3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms & Conditions.
  11. Privacy and Cookies
    1. Use of Our Website is also governed by Our Cookie and Privacy Policies, available from https://www.kimrosecraft.co.uk/cookie-policy/ and https://www.kimrosecraft.co.uk/privacy-policy/.  Our Cookie and Privacy Policies are incorporated into these Terms & Conditions by this reference.
  12. Changes to these Terms & Conditions
    1. We may alter these Terms & Conditions at any time as we see necessary. Any such changes will become binding on you on your first use of Our Website after the changes have been executed.  You are therefore advised to check this page from time to time.
    2. In the event of any conflict between the current version of these Terms & Conditions and any previous version(s), the current Terms & Conditions shall prevail unless expressly stated otherwise.
  13. Contacting Us
    1. To contact Us, please email Us at hello@kimrosecraft.co.uk or using any of the methods provided on Our contact us page.
  14. Communications from Us
    1. If We have your contact details, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms & Conditions.
    2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to five business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
    3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at hello@kimrosecraft.co.uk.
  15. Data Protection
    1. Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
    2. We may use your personal information to:
      1. Reply to any communications you send to Us;
      2. Send you important notices, as detailed in Clause 14;
    3. We will not pass on your personal information to any third parties without your consent.
  16. Law and Jurisdiction
    1. These Terms & Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by the law of England & Wales.
    2. If you are a consumer, you will also benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms & Conditions, or the relationship between you and Us shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.
    4. If you are a business, any disputes concerning these Terms & Conditions, the relationship between you and Us, or any matters (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.