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MCQUEENS FLOWERS WEBSITE TERMS OF USE

1. USE OF THE WEBSITE
 
1.1. This website is owned and operated by McQueens Flowers Ltd ("McQueens", "we," "us" or "our"). By accessing this website, you agree to be bound by these website terms of use ("Terms of Use"). If you do not agree to be bound by these Terms of Use, please do not use or access this website. References to this website in these terms and conditions apply to this website however you access it, including accessing this website through a version of this website optimised for use on mobile devices.
1.2. If you purchase products or services from us or book a flower course via our website or otherwise (e.g. by telephone), our Privacy Policy, Terms and Conditions of Sale, Flower School Terms and Conditions and/or Event Terms and Conditions will also apply as applicable.
1.3. Please read these Terms of Use carefully. We recommend that you print and keep a copy of them for your reference.
1.4. Any questions regarding these Terms of Use or subsequent issues should be directed to enquiries@mcqueens.co.uk or +44 (0) 207 251 5505.
2. GENERAL
 
2.1. We may change the content of this website from time to time, including our Terms of Use. Your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use, then you must immediately stop using the website.
2.2. We reserve the right to modify or withdraw, temporarily or permanently this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
2.3. Our website is made available free of charge. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any major suspension or withdrawal.
2.4. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
2.5. The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
2.6. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
2.7. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
3. DISCLAIMER OF LIABILITY
 
Whether you are a consumer or a business user:
3.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for breach of your legal rights, or for fraud or fraudulent misrepresentation.
3.2. Different limitations and exclusions of liability will apply to our liability arising as a result of the supply of any products or services to you, which will be set out in our Terms and Conditions of Sale, Event Terms and Conditions and/or Flower School Terms and Conditions, as applicable.
3.3. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
3.4. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.
If you are a business user:
3.5. We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
3.6. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (a) use of, or inability to use, our website; or (b) use of or reliance on any content displayed on our website.
3.7. In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.
If you are a consumer user:
3.8. If we fail to use reasonable skill and care, we are responsible for any loss or damage you suffer that is a natural, foreseeable result of that failure, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our failure.
3.9. Please note that we only provide our website for domestic and private use. You agree not to use our site for any commercial or business purposes, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4. LINKING POLICY
 
4.1. Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
4.2. We have no control over the contents of those sites or resources and will not accept responsibility, or liability, for any material or service contained on any linked website. Links provided on our website do not represent any acceptance of responsibility or liability by McQueens for any content provided or available on such sites.
4.3. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.
5. MATERIAL ON OUR WEBSITE
 
5.1. We are the owner or the licensee of all copyright, design rights, database rights, trademarks and other intellectual property rights on this website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. Your use of the website grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights are reserved.
5.2. Subject to the following paragraph, you may not use, modify, copy, translate, broadcast, perform, distribute, frame, reproduce, republish, post, transmit or sell any content or intellectual property appearing on this website.
5.3. You may print or otherwise copy materials published on this website for personal use only, provided that any copy of these materials which you make retains all copyright and other ownership notices. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
5.4. If you print off, copy or download any part of this website in breach of these Terms of Use, we reserve the right to suspend or terminate your use of this website immediately and you must, at our option, return or destroy any copies of the materials you have made.
6. PERSONAL INFORMATION
 
6.1. Please read the terms of the Privacy Policy which contains important information about the use
of the personal information, you provide when using this website and our use of cookies.
7. MISCELLANEOUS
 
7.1. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable by a court, then that provision shall be deemed severed from the rest of these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
7.2. These Terms of Use are governed by the laws of England and the courts of England will have exclusive jurisdiction with respect to any dispute arising under or in relation to these Terms of Use, your use of or inability to use our website or your use of or reliance on any content displayed on our website.
7.3. No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.