WEBSITE TERMS OF USE
Welcome to our website. By continuing to browse or use this website, you indicate your acceptance of all sections of these terms of use. Do not access or use this website if you do not accept these terms. We may amend these terms at any time, and you should check for updates occasionally. The amended Terms of Use will be practical when posted on this website.
This website is owned and operated by Laura Brown and Isobel Hector, referred to in these terms as “we” and “us”.
ACCESS
We try to ensure that the website operates correctly and runs smoothly. However, we don’t accept any responsibility or liability to you if this website becomes temporarily unavailable due to technical issues or issues beyond our control. We do not guarantee this website will be compatible with all or any hardware and software you use.
INTELLECTUAL PROPERTY
The website and any property belonging to or associated with us, including any trademark or trade name, logos, and software, and all information and other content on the website (including, but without limitation, text, graphics, videos, music, sound, and links) is and remains at all times our property or is used under license and is protected under international treaty provisions and worldwide copyright laws. You agree that you will not infringe any such rights in any way.
Without our prior written permission, you may not copy, modify, alter, reproduce, create derivative works from, publish, broadcast, distribute, sell, transfer or exploit any material on this website or the underlying software code, whether in whole or in part. However, the contents of this website may be downloaded, printed, or copied for your personal, non-commercial use, or if you are a business customer, for purposes necessary to our business relationship.
PERMITTED USE
You may only use this website in line with these terms and for lawful and proper purposes. You must comply with all applicable laws, regulations, and codes of practice within the UK or other jurisdictions from which you are accessing this website.
In particular, you agree that you will not:
Use this website in a manner which causes or may cause an infringement of the rights of any other person or which violates any applicable law or regulation;
Use any software, routine, engine, or another device to interfere or attempt to interfere electronically or manually with the operation and look of this website or to breach or attempt to breach its security.
We reserve the right in our sole and absolute discretion to restrict or prohibit your access to this website at any time and for any reason. If you violate any of these terms, your permission to use this website shall terminate immediately without the necessity for any notice.
DATA PROTECTION
Our Data Protection Policy will process any personal information you supply to us when you use this website. By using this website you consent to such processing and warrant that all data you provide is accurate.
OUR LIABILITY
Keeping the information on this website accurate and up-to-date is one of our highest priorities. However, while we try to ensure that it is accurate, reliable, timely, and complete, we do not accept liability for any inaccurate, unreliable, untimely, or incomplete information contained therein or for any reliance placed upon it by you.
The material displayed on this website is provided without any guarantees, conditions, or warranties regarding its accuracy. To the extent permitted by law, we hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and all liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with our website or connection with the use, inability to use, or results of the use of this website and for any other loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise.
While we try to ensure that the website is secure, we cannot guarantee the security of your personal information nor that the website (or any website to which you may be linked) is free from viruses or similar matters that may damage your website, computer or systems. We accept no responsibility for any loss of data or for any denial, restriction, or interruption of access.
Nothing in these terms affects our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
LINKS TO OTHER WEBSITES
This website may include links to other internet sites for information purposes. These links are provided for your convenience to provide further information. We do not endorse any such websites and are not responsible for the information, material, products, or services contained on or accessible through those websites. We can also not guarantee they are free from viruses or anything else that could be infectious or destructive. Your access and use of those websites are entirely at your own risk.
You may only link to this website with our express written permission. We expressly reserve the right to withdraw our consent at any time to a link that, in our sole opinion, is inappropriate or controversial. You must not establish a link for any website you do not own.
INDEMNITY
You agree to indemnify, defend and hold us harmless from any liability, damage, loss, claim, and expense (including reasonable legal fees) related to your use of the service or any breach by you of these Terms of Use.
LAW AND JURISDICTION
Your use of this website, any material downloaded from it and the operation of these Terms and Use shall be governed by, construed, and interpreted by the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts. We reserve the right to bring proceedings in the courts of the country of your residence or any other country.
GENERAL
DATA PROTECTION
We comply with all applicable Data Protection legislation in processing your personal data. Please see our Data Protection Policy for details.
INTELLECTUAL PROPERTY
All materials provided to you by us or by our staff or speakers or associates, and any intellectual property belonging to or associated with our company and/or services, including any website, trademark or trade name, logo, software, text, and graphics are the sole property of the Company or our speakers or associates. You agree that you will not infringe any such rights in any way. You can make a copy of materials provided for your personal use, but no other use of them is authorised.
FORCE MAJEURE
We will not be liable for any breach of this Agreement that is a result of circumstances beyond our reasonable control, including but not limited to strikes, lock-out, labour disputes, acts of God, acts of terrorism, war, riot, civil commotion, malicious damage, epidemic or pandemic, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, insolvency or bankruptcy of either party or any third party, fire, flood, snow and storm, exceptional weather conditions, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.
RIGHTS OF THIRD PARTIES
A person not a party to this contract has no right to rely upon or enforce any term. This does not affect any right or remedy of a third party that exists or is available outside of the Contracts (Rights of Third Parties) Act 1999.
ASSIGNMENT
You may not transfer, assign or otherwise dispose of your interest in this Agreement without our prior written consent.
SEVERABILITY
Suppose any provision in this Agreement is deemed illegal, unenforceable, or invalid for any reason. In that case, it shall be deemed struck out, and the remaining provisions shall survive and continue to be binding and enforceable.
NO WAIVER
Any failure by us to enforce any provision of this Agreement at any time shall not be construed as a waiver of such provision and shall not affect our right to enforce such provision.
VARIATION
This Agreement may only be varied by express written agreement of the parties.
JURISDICTION
The law of England and Wales shall govern this Agreement's construction, validity, and performance, and both parties submit to the exclusive jurisdiction of the English Courts.
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PRIVACY POLICY
This privacy policy sets out how Roadside Flowers uses and protects any information you give Roadside Flowers. We are 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 by this privacy statement.
WHAT WE COLLECT
We may collect the following information:
Your Name
Billing Address
Delivery Address
Email Address
Card Details (We do not store these)
PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
Whenever you are asked to fill in a form on the website, look for the box you can click to indicate that you do not want the information used by anybody for direct marketing purposes.
If you have previously agreed to use your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at hello.roadside.flowers@gmail.com
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are legally required.
You may request details of personal information we hold about you under the Data Protection Act 1998. If you believe any information we hold is incorrect or incomplete, please write to or email us, and we will promptly correct any incorrect information.
DATA PROTECTION
Circumstances where we may share some of your data with others:
We use agents (including credit reference agencies, credit card clearing agencies, and fraud prevention and detection agencies) to process your orders with us. In this instance, we provide them only the information they need to perform their function.
SECURITY
We are committed to ensuring that your information is secure. To prevent unauthorised access or disclosure, we have established suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
COOKIES
A cookie is a small file that 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 applications to your needs, likes and dislikes by gathering and remembering your preferences.
We use traffic log cookies to identify which pages are being visited. This helps us analyse data about web page traffic and improve our website to tailor it to our customers' needs. We only use this information for statistical analysis, after which it is removed from the system.
Overall, cookies help us provide a better website by enabling us to monitor which pages you find useful and which you do not. A cookie does not give us access to your computer or any personal information about you other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser to decline cookies. This may prevent you from taking full advantage of the website.
DISCLAIMER
This website is owned and operated by Roadside Flowers (the “Company”)
This Disclaimer, along with the Terms of Use and Privacy Policy, governs your access to and use of www.roadsideflowers.com (the “Website”), including any content, functionality and services, whether as a guest or a registered user. Please read the Disclaimer carefully before you start to use the Website. By using the Website or purchasing a product or class via our Webshop, you accept and agree to be bound and abide by the Disclaimer. You must not access or use the Website if you do not want to agree to the Privacy Policy.
ERRORS & OMMISSIONS
This World Wide Web Site is a public resource of general information intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information on this Website is accurate, but we cannot represent that this Website is free of errors. You accept that the information on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or resources available before taking any action. You expressly agree not to rely upon any information contained on this website.
NO ENDORSEMENTS
From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your investigation and make your determination about any such product, service, coach, consultant, and/or expert.
TESTIMONIALS
At various places on this Website, you may find testimonials from clients and customers of the products and services offered on this Website or by the Company. The testimonials are statements made by clients and/or customers and have been truthfully conveyed on this Website. Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognise and agree that the testimonials do not guarantee results that you or anyone else will obtain by using any products or services offered on this Website or by the Company.
REVIEWS
We may review products, services, or other resources at various times. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such reviews. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review. We will provide honest reviews of these products and/ or services regardless of such discounts. You recognise that you should conduct your due diligence and not rely solely upon reviews on this website. We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about such discounts and incentives, email hello@laurabrownstudio.com, which includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.
FOR EDUCATIONAL & INFORMATIONAL PURPOSES ONLY
The information on this Website and the resources available for download are for educational and informational purposes only.NOT PROFESSIONAL ADVICE
The information on this Website and the resources available for download through this website are not intended as, and shall not be understood or construed as, professional advice. While the employees and/or owners of the Company are professionals and the information provided on this Website relates to issues within the Company’s area of professionalism, the information contained on this Website is not a substitute for advice from a professional who is aware of the facts and circumstances of your situation. We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a professional to address your particular information. The Company expressly recommends that you seek advice from a professional. Neither the Company nor its employees or owners shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer due to failing to seek competent advice from a professional familiar with your situation.
NO WARRANTIES
The company makes no warranties regarding the performance or operation of this website. The company further makes no representations or warranties of any kind, express or implied, as to the Information, contents, materials, documents, programs, products or services included on or through this website. To the fullest extent permissible under the law, the company disclaims all warranties, Express or implied, including implied warranties of merchantability and Fitness for a particular purpose.
NO PROFESSIONAL-CLIENT RELATIONSHIP
Your use of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available – does not create a professional-client relationship between you and the Company or any of its professionals. The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognise and agree that we have not created any professional-client relationship using this Website.
USER’S RESPONSIBILITY
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer due to the use, or non-use of the information available on this Website or the resources available for download. You agree to use judgment and conduct due diligence before taking action or implementing any plan or policy suggested or recommended on this Website.
NO GUARANTEES
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources to help this website's users succeed in floral design and otherwise. You nevertheless recognise that your ultimate success or failure will result from your efforts, your particular situation, and innumerable circumstances beyond the Company's control and/or knowledge. You also recognise that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
LIMITATION OF LIABILITY
You agree to absolve the company of any liability or loss that You or any person or entity associated with you may suffer or incur due to the use of the information contained on this website and/or the resources you may download from this website. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website. The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The company and/or its suppliers may make improvements and/or changes to the website at any time. The company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition. The company and/or its suppliers hereby disclaim all warranties and conditions about this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.
CONTACT US
If you have any questions or comments regarding the Terms:
Email Address: hello.roadside.flowers@gmail.com
Effective as of June 1st, 2023