TERMS AND CONDITIONS – Use of Site
1.1 These terms and conditions apply to the use of the website at www.gailklevan.com and all connected websites including our Facebook site and online shop and referred to collectively below as “this Website”. By accessing these websites and/or placing an order, you agree to be bound by these terms and conditions.
1.2 Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
1.3 This Website is operated by Gail Klevan, and associates, nominees, employees, contractors, sub-contractors and agents, and any other party involved in creating, producing, maintaining or delivering this Website (referred to collectively below as “we” or “us”) who can be contacted by writing to:
6 The Broadway,
London NW7 3LL,
General email: office–at-gailklevan.com.
(All email addresses on this page use “-at-” instead of “@” and should be switched before use.)
1.4 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2.1 All copyright and intellectual property rights in the products and their design are the property of Gail Klevan, and you agree that you will not for any purpose copy the products, commission copies of the products or otherwise cause them to be copied by any person, persons, company or other organisation or group.
2.2 You are permitted to print and download extracts from this Website for your own personal use on the following basis:
a) no documents or related graphics on this Website are modified in any way;
b) no graphics on this Website are used separately from accompanying text; and
c) you acknowledge the copyright of Gail Klevan and you will ensure that our copyright and trade mark notices appear in all copies.
2.3 For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 2.2 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.4 Subject to clause 2.2, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
2.5 Any rights not expressly granted in these terms are reserved.
3 Service access
3.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be blocked, suspended or withdrawn at our sole discretion without notice and no reason need be given, and in any case in the event of system failure, upgrading, maintenance or repair or for reasons beyond our control.
4 Visitor material and conduct
We will have no obligations with respect to such material. We will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from this Website any material:
a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
b) for which you have not obtained all necessary licences and/or approvals;
c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website including, without limitation, by hacking.
4.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 4.2 or 4.3.
4.5 We may hold relevant information provided by you, plus contact information including your email address. We do not share names and addresses with any other companies for marketing or promotional purposes.
4.6 If you wish to unsubscribe at any time then you can do this online, or by emailing us at office–at-gailklevan.com.
5 Links to and from other websites
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
a) you do not remove, distort or otherwise alter the size or appearance of the Gail Klevan logo;
b) you do not create a frame or any other browser or border environment around this Website;
c) you do not in any way imply that we are endorsing any products or services other than our own;
d) you do not misrepresent your relationship with us nor present any other false information about us;
e) you do not otherwise use any Gail Klevan trade marks displayed on this Website without our express written permission;
f) you do not link from a website that is not owned by you; and
g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 5.2 for breach of these terms and to take any action we deem appropriate.
5.3 You fully indemnify us for any loss or damage we may suffer or incur as a result of your breach of clause 5.2.
6 Mailing List Registration
6.1 As a condition of joining our mailing list, you consent to us using the data you provide to send you marketing and promotional emails including product information, events, and information about Gail Klevan and this website, and we may canvas your views relating to our work.
6.2 You consent to us collecting storing and processing your data using facilities provided by reputable 3rd party providers e.g. webhosts, email operators etc. who may have access to your data, however we do not authorise them to use or share your data for any marketing or promotional or other commercial purpose or with other parties.
6.3 You may choose to opt-out of receiving promotional emails at any time by simply clicking the unsubscribe button on our emails or website or emailing us at office-at-gailklevan.com.
6.4 To register with gailklevan.com you must be over eighteen years of age.
6.5 We may cancel your mailing list registration immediately at our sole discretion and without any reason being given.
7.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
7.2 The material on this Website is provided without conditions, warranties or other claims of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
8.1 We exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort including without limitation negligence, contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
8.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
8.3 If your access to this Website or use of material found on this Website results in the need for servicing, repair, replacement or correction of computer or communications equipment, software or data, you will assume all costs thereof.
8.4 You agree to fully indemnify us, defend and hold us harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
9 Governing law and jurisdiction
9.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
9.2 It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
10.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
10.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
10.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
Gail Klevan is committed to preserving the privacy of all visitors to our website at gailklevan.com.
We may collect information about your usage of this Website as well as information about you from data you enter, messages you post and e-mails or letters you send to us.
We may collect store and process your data using facilities provided by reputable 3rd party providers e.g. webhosts, email operators etc. who may have access to your data, however we do not authorise them to use or share your data for any promotional or commercial purpose or with other parties.
To maintain customer service standards and to assist staff training, we may record and monitor incoming calls.
Use of your information
We may use and analyse the information we collect so that we can administer, support, improve and develop our business.
In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to this Website or our services. We may also use your information to let you know by email about products and services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please unsubscribe from our emails or website, or let us know at office–at-gailklevan.com.
Security and data retention
We and our providers employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.
Accessing and updating
You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us at office–at-gailklevan.com. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.
All comments, queries and requests relating to our use of your information are welcomed and should be addressed to office–at-gailklevan.com.