1. IN THIS TERMS AND CONDITIONS:
“Account” means your account on this website corporate, business or personal.
“Customer” means a User of HOMEOFHEARTS Services.
“HOMEOFHEARTS”, “we”, “our”, or “us” means www.homeofheartsboutique.co.uk and associated websites and services.
“Intellectual Property Rights” refers to all intellectual rights including but not limited to: (a) copyright, patents, registered designs, trademarks, and any right to have confidential information kept confidential; and (b), whether or not such privileges are listed or capable of being listed and whether current under any laws.
“HOMEOFHEARTS Services” means services delivered by www.homeofheartsboutique.co.uk.
“User”, “you” or “your” means any entity who uses the website
“User Contract” means :
(1) this Terms and Conditions;
“Website” refers to the websites operated by HOMEOFHEARTS, and any connected HOMEOFHEARTS services, implements or applications.
By opening an account and using the Website, you acknowledge and agree to the subsequent terms with HOMEOFHEARTS.
We might change Terms and Conditions along with any related material as required by posting amended terms on the Website.
The Website is an online place where Users utilise HOMEOFHEARTS Services.
As you start utilising HOMEOFHEARTS Website, read the whole Terms and Conditions, relevant terms and all related information.
2. HOMEOFHEARTS PRODUCTS AND SERVICES
Homeofhearts have made every effort to display as accurately as possible the colours and images of our products that appear at the store.
Homeofhearts cannot guarantee that your computer monitor’s display of any colour will be accurate.
Homeofhearts reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.
Homeofhearts may exercise this right on a case-by-case basis.
Homeofhearts reserve the right to limit the quantities of any products or services that Homeofhearts offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Homeofhearts. Homeofhearts reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Homeofhearts does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
3. USING HOMEOFHEARTS
While using the HOMEOFHEARTS Website, you will not:
- infringe any laws, third party rights or our policies;
- fail to deliver payment for services delivered to you, unless HOMEOFHEARTS has materially changed HOMEOFHEARTS Service provided or a clear typographical error is made;
- circumvent or manipulate our fee structure, the billing process, or fees owed to HOMEOFHEARTS;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the HOMEOFHEARTS Website;
- copy, modify or distribute rights or content from the HOMEOFHEARTS Website or HOMEOFHEARTS’s copyrights and trademarks; or
- harvest or otherwise collect information about Users, including email addresses, without their consent.
4. RIGHTS TO REFUSE SERVICE
We might chose to close your account, at our sole discretion, including but not limited to the reasons outlined below:
- if we conclude that you are in breach of our terms and conditions, or are not acting on terms of this agreement;
- if you breached a law;
- if you breached someone’s Intellectual Property Rights;
- if you engage in fraudulent or deceptive activities;
- we are required to do so by law;
- you might result in risk to us;
- you result in loss to us;
- you are offending or a risk to another user;
- for other similar reasons.
If we decide to close your account due to this agreement you will become liable to pay all your outstanding fees and settle your account in full.
i. What information do we collect?
When you use at the pages on the HOMEOFHEARTS website, information is automatically recorded that identifies, for each page accessed:
- the IP (Internet Protocol) address of the machine which has accessed it;
- your top-level domain name (for example .com, .gov, .uk etc.);
- the address of your server;
- the date and time of your visit to the site;
- the pages accessed and documents downloaded;
- the previous site visited; and
- the type of browser and operating system you have used.
We might also embed a piece of code into some pages of HOMEOFHEARTS website. This gives us statistical site usage information about:
- the pages visited;
- duration of page view,
- location previous to visiting the HOMEOFHEARTS website; and
- the navigation habits of the user.
- Name, and contact information, such as email address, phone number, mobile telephone number, physical address, and (depending on the service used) sometimes financial information, such as bank account numbers;
- transactional information based on your activities on the sites and other information you provide to receive or provide payment;
- personal information you provide to us through correspondence, chats, or shared by you from other social applications, services or websites;
- additional personal information we ask you to submit to authenticate yourself if we believe you are violating site policies;
information from your interaction with our sites, services, content and advertising, including, but not limited to, device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information.
ii. How do we use the information collected?
The information collected during each visit to the HOMEOFHEARTS website pages is aggregated with similar logged information and published in reports in order for HOMEOFHEARTS to identify patterns of usage of the sites. This will assist us in improving this site and the services offered on it.
When you use the HOMEOFHEARTS site, we might request certain information. HOMEOFHEARTS does not share any of your personally identifiable or transactional information with any person or entity, other than as set out in this policy. No other third party receives your personally identifiable information or other transactional data except for those with whom you have transactions and share that information. The information we collect is used to improve the content of our web site, used to notify consumers about updates to our web site and for communications, such as customer service.
HOMEOFHEARTS might send you a welcome email to verify your account and other transactional emails for operational purposes, such as billing, account management, or system maintenance. You might only stop those emails by terminating your account.
HOMEOFHEARTS might also send you promotions, product announcements, surveys, newsletters, developer updates, product evaluations, and event information or other marketing or commercial e-mails. You can opt out of receiving these email communications from HOMEOFHEARTS at any time by unsubscribing using the unsubscribe link within each email, updating your e-mail preferences on your HOMEOFHEARTS account or emailing us to have your contact information removed from our email list or registration database.
iv. Will this policy be updated over time?
Due to the developing nature of privacy principles for online communication, this policy might be modified or expanded in light of new developments or issues that might arise from time to time. The amended policy will be posted to this site and will operate from the time it is posted.
You will protect HOMEOFHEARTS (and HOMEOFHEARTS owners, directors, officers, agents, and employees) against any entitlement or request, including permissible costs and fees arising out of or due to your acting in contradiction to this Agreement, or your breach of any laws in the course of using the HOMEOFHEARTS Website and HOMEOFHEARTS Services.
7. LIMITATION OF LIABILITY
Under no circumstances shall we be liable for:
- any unintended, consequential, distinctive or related damages that might arise;
- any damage to business, income, or profits (whether indirect or direct) that might be experienced by you;
- any damage, claim, or loss which might be sustained by you as a consequence of any of your dealings concerning the Website.
The limits on our accountability to you will be effective if we or not, staff, our affiliates, our related entities or anyone else connected with us have been counselled of the likelihood of such damages or costs arising.
8. LIABILITY FOR OUR SERVICES
WHEN PERMITTED BY LAW, HOMEOFHEARTS, AND HOMEOFHEARTS’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HOMEOFHEARTS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, HOMEOFHEARTS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
9. JURISDICTION LIMITATIONS
In case any law or jurisdiction prohibits limitations outlined in this agreement or sets limits to these limitations, we reserve the right to request limitations to the maximum extend permit table by these laws.
10. LAW AND FORUM FOR LEGAL DISPUTES
This Agreement will be governed in all respects by the English laws. If a dispute cannot be resolved then you and HOMEOFHEARTS irrevocably submit to the non-exclusive jurisdiction of the courts of Leigh on sea, Essex, England.
The inaccuracy of any part of this agreement will not and shall not be thought to affect the legitimacy of any other part. In the event that any provision of this agreement is held to be invalid, the parties agree that the left over provisions shall be considered to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
Titles are for reference purposes only and in no way limit, define, describe or construe the range or degree of such section.