Terms of Service
These Terms of Service relate to Project and Ad-hoc work. For retainer contracts a separate Retainer Service Agreement will be agreed upon and entered into.
General
The initial client consultation is provided free of charge up to 45 minutes, and conducted virtually. Any additional time is billable.
Payment terms
Retained hours are payable in advance and in line with the retainer service agreement and invoice terms. Additional hours are billed at the end of the calendar month and payment due in line with invoice terms.
Project terms are 50% of the estimate to be paid in advance with the remaining 50% upon completion.
Ad hoc hours are billed and payment required in advance.
Overdue invoices
Payment not received in line with invoice terms will result in cessation of work and will incur statutory interest at 4% above the base rate of England
Time
Tailored VA’s business hours are available here: http://bit.ly/3y0mhUF
A business day is considered any day other than a Saturday, Sunday or Public Bank Holiday In England.
Additional support can be agreed upon at an additional cost and when agreed upon by the supplier.
Billable time refers to all work executed in relation to the agreed project or package.
Expenses
Where expenses are incurred in direct line with agreed services this will be reimbursed by the client. Such as printing, posting, premium rate phone calls.
Data Protection
Tailored VA is registered with the ICO.
All personal information that the Provider may use will be collected, processed, and held in accordance with the provisions of Data Protection Legislation and the Client’s and third parties’ rights thereunder.
Data Processing – At such time where the services (if such services are required pursuant to this agreement) require the provider to process personal data on behalf of the client, an additional Data Processing Agreement will be entered in to pursuant to this agreement. All personal data to be processed by the Provider on behalf of the Client under this Agreement shall be processed in accordance with the terms of the Data Processing Agreement.
Insurance & Liability
Tailored VA holds relevant Professional Indemnity, Public Liability and Cyber insurance and certificates can be provided on request.
The Provider’s total liability for any claim, demand, proceedings, damages, loss, liability, costs or expenses (including legal expenses) arising in any particular period from its negligence or breach of this Agreement shall be limited to the sum as is equal to the amount of the Project Fee.
The Provider shall not be liable for any claim, demand, proceedings, damages, loss, liability, costs or expenses (including legal expenses) suffered or sustained by the Client that results from the Client’s failure to follow any instructions given by the Provider;
The Provider shall not be liable or responsible to the Client under or in relation to this Agreement in contract, tort or otherwise (including any liability for negligence) for:
Any special loss or any direct or indirect or consequential loss of revenue, business contracts, anticipated savings, profits, or use of facilities; or
Any other indirect or consequential loss howsoever arising;
Whether or not the same was reasonably foreseeable or actually foreseen;
Nothing in this Clause or any other provision(s) of this Agreement shall limit or exclude the Provider’s liability for death or personal injury or for fraud or fraudulent misrepresentation;
The Client shall indemnify the Provider against any costs, liability, damages, loss, claims or proceedings arising from loss or damage to any equipment (including that belonging to any third parties appointed by the Provider) caused by the Client or its agents or employees;
In the event of any actions, proceedings, claims, demands or costs (including, without prejudice to the generality of this provision, legal costs on a solicitor and own-client basis) against or sustained by:
The Client on the grounds that provision of the Services by the Provider or Client’s use, possession and/or ownership of any item received by the Client from the Provider in the course or as a result of the Provider doing so constitutes the infringement of any Intellectual Property Rights belonging to a third party, the Provider shall indemnify the Client from and against the same; or
The Provider on the grounds that the Provider’s use or possession of any information, material or other item in whatever form provided to it by the Client pursuant to this Agreement for the purposes of the Provider providing the Services constitutes the infringement of any Intellectual Property Rights belonging to a third party, the Client shall indemnify the Provider from and against the same; and
The exclusions and limitations set out in this Clause shall apply cumulatively, and shall apply regardless of the form of action, whether under statute, in contract or tort, including negligence, or any other form of action.
Intellectual Property
The Provider shall retain the ownership of any and all Intellectual Property Rights that may subsist in anything produced or provided by the Provider in the course of providing the Services when created using their own licenses. The Provider shall be deemed to automatically grant a royalty-free, exclusive licence of any and all such rights to the Client to use the same in accordance with the terms of this Agreement indefinitely, provided that that licence may be revoked by notice by the Provider if any sum due to the Provider remains unpaid following the expiry of the period set out on the invoice terms.
Confidentiality
Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business or affairs of the other party, except as permitted by this clause.
Each party may disclose the other party’s confidential information:
to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under these terms and conditions. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this Clause; and
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under these terms and conditions.
Quality and Disputes
The client is responsible for checking and confirming any work produced which requires proofing. Tailored VA strives to produce work of exceptional quality, but it is the responsibility of the client to notify us in the event of any mistakes upon receipt.
In the first instance any dispute or complaint should be made in writing by emailing victoria@tailoredva The Parties shall then attempt to resolve any dispute arising out of or relating to this Agreement through negotiations between their appointed representatives who have the authority to settle such disputes.
Termination
Without limiting its other rights or remedies, either party may terminate the provision and supply of Project or Ad hoc Services with immediate effect, this must be supplied via electronic written notice to victoria@tailoredva.com
CONSEQUENCES OF TERMINATION
On termination for any reason the Client shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Client immediately on receipt.
General
Force majeure. Neither party shall be in breach of these terms and conditions nor liable for delay in performing, or failure to perform, any of its obligations under them if such delay or failure result from events, circumstances or causes beyond its reasonable control.
Entire Agreement
This Agreement contains the entire agreement between the Parties with respect to its subject matter and may not be modified except by either an instrument in writing signed by the duly authorised representatives of the Parties and
Each Party acknowledges that, except as expressly provided in this Agreement, in entering into this Agreement, it does not rely on any Other Term Or Provision and all such Other Terms Or Provisions are hereby excluded to the fullest extent permitted by law. In this Clause, “Other Term Or Provision” means any representation, warranty, condition, undertaking, or any other term or provision, express or implied, statutory or otherwise.
Law & Jurisdiction
This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales; and
Any dispute, controversy, proceedings or claim between the Parties relating to this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non exclusive jurisdiction of the courts of England and Wales
Severance
In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.
Privacy Policy
Tailored VA understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, www.tailoredva.com, and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
Please read this Privacy Policy carefully. Your acceptance of this Privacy Policy is confirmed by using this website.
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Information
This site is owned and operated by Tailored VA
Email address: victoria@tailoredva.com.
Telephone number:07583113241.
Regulated by the ICO -
What Does This Policy Cover?
This Privacy Policy applies only to your use of this Site. Which may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and advise you to check the privacy policies of any such websites before providing any data to them.
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What Is Personal Data?
Personal data is defined by the UK GDPR and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers. Further information on personal data is available from Information Commissioners Office
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What Data Do You Collect and How?
Depending upon your use of this Site, we may collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table. We do not collect any ‘special category’ or ‘sensitive’ personal data or personal data relating to childre
Cookies- you can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy
Data Collected How We Collect the Data Identity Information including First Name, Surname. Via the contact form or newsletter signup. Contact information including email address. Via the contact form or newsletter signup. Business information including business name, industry. Via the contact us form Technical information including e.g. IP address, browser type and version, operating system. Use of Website Cookies -
How Do You Use My Personal Data?
Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we may use your personal data, and our lawful bases for doing so:
What We Do Our Lawful Basis Communicating with you. Using your name, email address and business information after registering enquiry in the contact us form Supplying you with information by email that you have opted-in-to (you may opt-out at any time by selecting unsubscribe in the email. Your name, email address, after choosing to sign up to our newsletter Performance of contract Processing data where necessary for the performance of a contract to which you are party to and have requested to enter. Comply with legal or regulatory obligations Processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to. With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email with information, news, and offers on our products services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always
In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.
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How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected.
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How and Where Do You Store or Transfer My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to the following exception.
We sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
We may sometimes contract with the following third parties to supply certain products or services, such as Providers Acting as processors to provide email marketing services.
If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 7.
If any personal data is transferred outside of the UK, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 8.
If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.
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YOUR LEGAL RIGHTS
Unless subject to an exemption under the data protection laws, you have the following rights with respect to your personal data:
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The right to request a copy of the personal data which we hold about you;
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The right to request that we correct any personal data if it is found to be inaccurate or out of date;
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The right to request your personal data is erased where it is no longer necessary to retain such data;
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The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing your data;
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The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), where applicable 9i.e. where our processing is based on consent or is necessary for the performance of our contract with you or where we process your data by automated means);
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The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
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The right to object to our processing of personal data, where applicable i.e. where processing is based on our legitimate interests direct marketing or processing for the purposes of scientific/historical research and statistics).
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Can I Withhold Information?
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You may access this site without providing any personal data at all. However, to use all features and functions available on this site you may be required to submit or allow for the collection of certain data.
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How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”
All subject access requests should be made in writing and sent to the email address shown in Part 12.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within 1 month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
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How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details
Email address: victoria@tailoredva.com.
Telephone number: 07583113241
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Changes to this Privacy Policy
We may change this Privacy Policy from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be posted on the website and you will be deemed to have accepted the terms of the Privacy Policy on your first use of the website following the alterations. This Policy was last updated on the 26/02/23
Terms of Website Use.
By Using Our Site You Accept These Terms and Conditions
Please read these Terms and Conditions carefully and ensure that you understand them before using Our Site These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of this website, www.tailoredva.com (“Our Site”).
These Terms and Conditions were last updated on 26/02/23.
Your agreement to comply with these Terms and Conditions is indicated by your use of Our Site. If you do not agree to these Terms and Conditions, you must stop using Our Site immediately.
The following documents also apply to your use of Our Site:
- Our Privacy Policy,This is also referred to below in Part 15.
- Our Cookie Policy, This is also referred to below in Part 15.
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Definitions and Interpretation
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In these Terms and Conditions, unless the context otherwise requires, the
following expressions have the following meanings
“Content”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
“We/Us/Our”Means Tailored VA.
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In these Terms and Conditions, unless the context otherwise requires, the
following expressions have the following meanings
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Information About Us
- Our Site is operated by Tailored VA.
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How to Contact Us
To contact Us, please email Us at victoria@tailoredva.com or telephone us on 07583113241 .
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Access to Our Site
- Access to Our Site is free of charge.
- It is your responsibility to make the arrangements necessary in order to access Our Site.
- Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted.
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Changes to Our Site
We may alter and update Our Site (or any part of it) at any time.
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Changes to these Terms and Conditions
- We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.
- If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
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International Users
Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.
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How You May Use Our Site and Content (Intellectual Property Rights)
- All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
- You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
- You may print one copy and download extracts of any page(s) from Our Site for personal use only.
- You may not modify the printed copies or downloaded extracts in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
- Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) 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 applicable). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
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Links to Our Site
- You may only link to the homepage of Our Site, www.tailoredva.com. Linking to other pages on Our Site requires our express written permission.
- Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
- You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
- Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.
- You must not frame or embed Our Site on another website without Our express written permission.
- You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.
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Links to Other Sites
- Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
- The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
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Disclaimers
- Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be obtained before taking any action relating to your business.
- We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
- If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
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Our Liability
- 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 lawfully excluded or restricted.
- If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability 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.
- If you are a business user, We accept no liability for loss of profit, 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.
- If you are a consumer, you agree that We shall have no liability to you for any business losses as set out above.
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Viruses, Malware, and Security
- We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
- 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 Parts 13.3 to 13.5, 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 We 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.
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Acceptable Usage of Our Site
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You may only use Our Site in a lawful manner:
- a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
- b) You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
- c) 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.
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If you fail to comply with the provisions of this Part 14, you will be in breach of
these Terms and Conditions. We may take one or more of the following actions in
response:
- a) Suspend or terminate your right to use Our Site;
- b) Issue you with a written warning;
- c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- d) Take further legal action against you, as appropriate;
- e) Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- f) Any other actions which We deem reasonably appropriate (and lawful).
- We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 14.2) in response to your breach
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You may only use Our Site in a lawful manner:
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How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy Policy, and Our Cookie Policy.
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Communications from Us
- We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 48 business hours for your request to take effect and you may continue to receive emails during that time.
- For questions or complaints about communications from Us, please contact Us using the details above in Part 3.
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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, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 17.1 takes away from or reduces your legal rights as a consumer.
- If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (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 user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.