Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
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 Site; and
means Rachael’s Nail & Beauty, whose main trading address is The Cowshed Studio, Earsham Hall, Earsham, Bungay, NR35 2AN.
Information About Us
Our Site, www.rachaelsnailandbeauty.co.uk, is owned and operated by Rachael’s Nail & Beauty whose main trading address is The Cowshed Studio, Earsham Hall, Earsham, Bungay, NR35 2AN.
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 Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Intellectual Property Rights
All Content included on Our Site 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 is protected by applicable United Kingdom and international intellectual property laws and treaties.
Subject to sub-Clauses you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
Download Our Site (or any part of it) for caching;
Print one copy of any page from Our Site;
Download extracts from pages on Our Site; and
Save pages from Our Site for later and/or offline viewing.
Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
You may not use any Content saved or downloaded from Our Site 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 Site for general information purposes whether by business users or consumers.
Nothing in these Terms and 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.
Links to Our Site
You may link to Our Site 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 Site 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 Site, www.rachaelsnailandbeauty.co.uk Deep-linking to other pages requires Our express written permission.
Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at: email@example.com for further information.
You may not link to Our Site from any other site the main content of which contains material that:
is sexually explicit;
is obscene, deliberately offensive, hateful or otherwise inflammatory;
promotes or assists in any form of unlawful activity;
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 is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
is calculated or is otherwise likely to deceive another person;
is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause);
implies any form of affiliation with Us where none exists;
infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
The content restrictions in sub-Clauses do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clauses. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
Links to Other Sites
Links to other sites may be included on Our Site. 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 Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
Nothing on Our Site constitutes 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 Site 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 Site 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 Site or the use of or reliance upon any Content included on Our Site.
To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
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.
We exercise all reasonable skill and care to ensure that Our Site 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 Site (including the downloading of any Content from it) or any other site referred to on Our Site.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site 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 and 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 your local Citizens’ Advice Bureau or Trading Standards Office.
Viruses, Malware and Security
We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
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 Site.
You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
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 and all such breaches will be reported to the relevant law enforcement authorities and I will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
Acceptable Usage Policy
You may only use Our Site in a manner that is lawful. 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 Site in any way, or for any purpose, that is unlawful or fraudulent;
you must not use Our Site 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 Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
suspend, whether temporarily or permanently, your right to access Our Site;
issue you with a written warning;
take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
take further legal action against you as appropriate;
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.
Privacy and Cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies. These policies are incorporated into these Terms and Conditions by this reference.
Changes to these Terms and Conditions
We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site 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 and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Communications from Us
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 and Conditions.
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 30 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at: firstname.lastname@example.org or via Our website at: www.rachaelsnailandbeauty.co.uk
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.
We may use your personal information to:
Reply to any communications you send to Us;
Send you important notices, as detailed in Clause 14;
We will not pass on your personal information to any third parties.
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.
If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising there from or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising there from or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
This website (www.rachaelsnailandbeauty.co.uk)
Cookie Names =
This website (www.rachaelsnailandbeauty.co.uk) uses Google Analytics as a tool to keep tabs on how many visitors use the site. Paying particular interest in the method in which people are directed to the site. Here is some information for you about Google Analytics Cookie Usage on Websites.
Google Analytics is a simple, easy-
Important: Google Analytics does not collect any personal information about your website users. Read the Google Analytics privacy document for more details.
analytics.js – Cookie Usage
By default, this library sets cookies on the top level domain, excluding the leading dot, and sets the cookie path to the root level (/). Note: The analytics.js library does not require setting cookies to transmit data to Google Analytics.
This library sets the following cookies:
Cookie Name = _ga
Expiration Time = 2 years
Description = Used to distinguish users.
Read the analytics.js Domains & Cookies developer guide to learn all the ways these default settings can be customized.
Read the Security and privacy in Universal Analytics document for more information about Universal Analytics and cookies.
ga.js – Cookie Usage
- Determine which domain to measure
- Distinguish unique users
- Remember the number and time of previous visits
- Remember traffic source information
- Determine the start and end of a session
- Remember the value of visitor-
level custom variables
By default, this library sets cookies on the domain specified in the document.host browser property and sets the cookie path to the root level (/).
This library sets the following cookies:
Cookie Name = __utma
Default Expiration Time = 2 years from set/update
Cookie Name = __utma
Default Expiration Time = 30 mins from set/update
Description = The cookie is updated every time data is sent to Google Analytics.
__utmc End of browser session Not used in ga.js. Set for interoperability with urchin.js. Historically, this cookie operated in conjunction with the __utmb cookie to determine whether the user was in a new session/visit.
__utmv 2 years from set/update Used to store visitor-
The following methods can be used to customize how cookies are set:
_setDomainName – Sets the domain to which all cookies will be set.
_setCookiePath – Sets the path to which all cookies will be set.
_setVisitorCookieTimeout – Sets the Google Analytics visitor cookie expiration in milliseconds.
_setSessionCookieTimeout – Sets the new session cookie timeout in milliseconds.
_setCampaignCookieTimeout – Sets the campaign tracking cookie expiration time in milliseconds.
Read the Tracking Multiple Domains guide to learn how to configure ga.js to measure user interaction across domains.
urchin.js – Cookie Usage
Google Analytics for Display Advertisers – Cookie Usage
For customers that are using Google Analytics’ Display Advertiser features, such as remarketing, a third-
What information do We collect?
We collect information from you when you request a quote, email us, place an order or fill out a form on our website or paperwork in our office at Rachael’s Nail & Beauty, The Cowshed Studio, Earsham Hall, Earsham, Bungay, NR35 2AN. Such information may be your name, company name, email address, telephone number, postal address & website address.
How is it collected?
When ordering or completing a form on this site, as appropriate, you may be asked to enter your: name, e-mail address or phone number. Via a Contact Form 7 plugin on my WordPress website: https://www.rachaelsnailandbeauty.co.uk which is sent direct to our email address: email@example.com and not stored on a database. We may also collect data over the telephone, email or in person when discussing projects you would consider Rachael’s Nail & Beauty to undertake.
Who is collecting it?
Rachael’s Nail & Beauty (Rachael Ramm – DPO & Proprietor).
What do We use your information for?
Any of the information collected from you may be used to send periodic emails about current & relevant projects to you. The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions. If you become a customer of ours then your data will be stored for 7 years as required by law for HMRC and insurance.
Why is it being collected?
So that We know who you are and am able to respond to you. When advising on how We can provide a service to you.
Do We disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.