Terms of Use

Introduction

Please read these terms carefully and ensure you understand them before you use this website and place an order with us.

These terms of use together with any and all other documents referred to set out the terms of use under which you may use this website, inmemorypins.co.uk, (“our Website”).

Please read these terms of use carefully and ensure that you understand them. Your agreement to comply with and be bound by these terms of use is deemed to occur upon your first use of our Website.

If you choose to order goods or services from our Website, please refer to our Terms and Conditions.

Use of our Website is also governed by our Cookie and Privacy Policies. These policies are incorporated into these terms of use by this reference.

About us

Our Website, inmemorypins.co.uk is owned and operated by Just Digital Limited, a limited company registered in England under 04954829 whose registered address is Kingfisher Way, Hinchingbrooke Business Park, Huntingdon, Cambridgeshire PE29 6FN. Our VAT number is 826191820.

Access to our site

Access to our site is free of charge.

It is your responsibility to make any and all arrangements necessary in order to access our Website. Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part 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 and for any period. We may alter or update our Website (or any part of it) at any time.

Your account

Certain parts of our Website may require an Account with login details and password.

When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and our obligations under data protection law and in our Privacy Policy.

If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of our Website requiring an Account for access. If you close your Account, any user content eg reviews, comments and your order history, you have created on our Website will be anonymised.

Intellectual property rights

With the exception of user content, 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 us. All content (including user content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

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 us. Our status as the owner and author of the content on our Website (or that of identified licensors, as appropriate) must always be acknowledged.

User content

User content on our Website includes (but is not necessarily limited to) images and other material (including textual annotations to and comments on images) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with our Website. An account is required for the submission of user content to our Website.

You agree that you will be solely responsible for your user content. Specifically, you agree, represent and warrant that you have the right to submit the user content and that all such user content will comply with our acceptable usage policy (see below).

You agree that you will be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by you. You will be responsible for any loss or damage suffered by us as a result of such breach.

You (or your licensors, as appropriate) retain ownership of your user content and all intellectual property rights subsisting therein.  When you submit user content you grant us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your user content for the purposes of operating and promoting our Website.

We may reject, reclassify, or remove any user content from our Website where, in our sole opinion, it violates our acceptable usage policy, or if we receive a complaint from a third party and determine that the user content in question should be removed as a result.

International users

Our Website is intended for users in the United Kingdom only. We do not warrant or represent that our Website or its content are available in other locations or are suitable for use in other locations.

Acceptable usage policy

You may only use our Website in a manner that is lawful and that complies with the provisions of this policy Specifically you must ensure that you comply fully with any and all local, national or international laws and/or regulations; you must not use our Website in any way, or for any purpose, that is unlawful or fraudulent; 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 you must not use our Website in any way, or for any purpose, that is intended to harm any person or persons in any way.

When submitting user content (or communicating in any other way using our Website), you must not submit, communicate or otherwise do anything that:

• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party;
• discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
• is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person
• promotes or assists in any form of unlawful activity obscene, sexually explicit, deliberately offensive, hateful or otherwise inflammatory or promotes violence;
• is intended or otherwise likely to infringe (or threaten to infringe) another person's right to privacy;
• misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this policy);
• implies any form of affiliation with us where none exists or is calculated or otherwise likely to deceive
• is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

We reserve the right to suspend or terminate your access to our Website if you materially breach the provisions of these Terms and Conditions. We may suspend, your Account and/or your right to access our Website; remove any user content submitted by you that violates this Acceptable Usage Policy; issue you with a written warning; take legal proceedings against you on an indemnity basis; disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or any other actions which we deem reasonably appropriate (and lawful).

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 and Conditions.

Disclaimers

The content on our Website does not constitute advice on which you should rely. It is provided for general information purposes only. 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. If, as a result of our failure to exercise reasonable care and skill, any digital content from our Website damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

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. Please note that this exception does not apply to information concerning goods for sale through our Website (please see below - ordering goods).

Our liability - use of our Website

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. 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.

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.

We exclude all conditions, representations, warranties, and guarantees (whether express or implied) that may apply to our Website or any content included on our Website.

Our Website is intended for non-commercial use only. If you are a commercial 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.

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, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these terms of use 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 your local Citizens' Advice Bureau or Trading Standards Office.

Links to our site and links to other websites

You may link to our Website provided that you do so in a fair and legal manner; you do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists; you do not use any logos or trademarks displayed on our Website without our express written permission; and you do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.

You may not link to any page other than the homepage of our Website. Deep-linking to other pages requires our express written permission. Framing or embedding of our Website on other websites is not permitted without our express written permission. You may not link to our Website from any other site the main content of which contains material that contravene our acceptable use policy.

Links to other sites may be included on our Website. Unless expressly stated, these sites are not under our control. We neither assume nor 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.

Viruses, malware and security

We exercise all reasonable skill and care to ensure that our Website is free from viruses and other malware and 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.

You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. 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.

Changes to these Terms of Use

We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of our Website after the changes have been implemented. You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of these terms of use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

Communications from us

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, changes to these terms of use, our Terms and Conditions, and changes to your Account. 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.

Data Protection

We will only use your personal information as set out in our Privacy and Cookie Policies.

Contacting us

To contact us please use any of the other methods provided on our contact page.

Law and Jurisdiction

These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.