DESIGNS DIRECT – WEBSITE TERMS OF USE

These Terms, together with all other documents referred to herein, set out the Terms under which you may use this website, www.designsdirect.co.uk (“Our Site”). Please read these Terms carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of Our Site and you will be required to read and accept these Terms when signing up for an Account. If you do not agree to comply with and be bound by these Terms, you must stop using Our Site immediately.

Definitions
In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

“Account”
means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Content”
means 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;
“Paid Services”
means all goods and/or services made available for sale via Our Site;
“User”
means a user of Our Site;
“we/us/our”
means Designs Direct Limited, a company registered in England and Wales under number 10256327 and whose registered office is at 149 Upper Richmond Road, Putney, London, SW15 2TX.

Access to Our Site
Access to Our Site is free of charge.
It is your responsibility to make all arrangements necessary 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.

Accounts
Certain parts of Our Site (including the ability to purchase Paid Services from our [Design Experts/Design Consultants]) may require an Account to access them.
You may not create an Account if you are under 18 years of age.
When creating an Account, the information you provide must be accurate and complete. If any of your information changes later, it is your responsibility to ensure that your Account is kept up-to-date.
It is your responsibility to keep your Account (including its password) safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
You must not use anyone else’s Account.
Any personal information provided in your Account will be collected, used, and held in accordance with your rights and our obligations under the Data Protection Act 1998, as set out in Clause 17.
If you wish to close your Account, you may do so at any time by letting us know. Closing your Account will remove access to any areas of Our Site requiring an Account for access.

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 Clause 5.3 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.
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);
download any Content where we have provided a link enabling you to do so;
download Our Site (or any part of it) for caching;
print page(s) from Our Site;
download extracts from pages on Our Site; and
save pages from Our Site for later and/or offline viewing,
in each case solely for your own private use. You may not use any Content printed, saved or downloaded from Our Site for commercial purposes.

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 trade marks 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.
 1.    You may link to any page of Our Site but deep-linking, framing of embedding of all or any part of Our Site is not permitted.
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 violence;
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, gender, 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 7.4);
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, trade marks 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.

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.

Disclaimers
Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action taken based on any information provided on Our Site.
To the fullest extent 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. If, because of our failure to exercise reasonable care and skill, any content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.
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.

Our liability
The provisions of this Clause 8 apply only to the use of Our Site and not to Paid Services, which are governed separately by Our Terms of Sale available at www.designdirect.co.uk/packages The limitations and exclusions stated in this Clause 8 to apply to Content may not apply to Paid Services.
To the fullest extent permitted 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 permitted 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.
Our Site is intended for non-commercial use only. 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 reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to Clause 7.2, 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 because 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 excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from our negligence, or for any other forms of liability which cannot be excluded or restricted by law.

Viruses, malware and security
We exercise 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 any of the provisions of Clauses 9.3 to 9.5, you may be committing a criminal offence under the Computer Misuse Act 1990. 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.

Acceptable usage policy
You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 10. 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. Specifically, we may:
suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
issue you with a written warning;
take legal proceedings against you for reimbursement of 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 reasonable; and/or
any other actions which we deem reasonably appropriate and lawful.
We hereby exclude 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.

Our Luxe Guarantee Refund Policy on Packages
If you are not satisfied with your designer's Concept Board, then you may ask to choose a new designer. This may be done twice. If you are still not satisfied, under our Luxe Guarantee  we are happy to refund the full amount you paid for the service/package. You may request a refund by emailing refunds@designsdirect.co.uk

Privacy and cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from <<insert URL to Cookie Policy>> and <<insert URL to Privacy Policy>>. These policies are incorporated into these Terms by this reference.

Changes to these Terms
We may alter these Terms 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 should therefore check this page from time to time.
In the event of any conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail.

Contacting us
To contact us, please email us at info@designsdirect.co.uk or using any of the methods provided on our contact page at www.designsdirect.co.uk/contactus 

Communications from us
If we have your contact details (if, for example, you have an Account) 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, changes to these Terms, Our Terms of Sale, and changes to your Account.
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. 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 20 business days for us to comply with your request. During that time, you may continue to receive emails from us.

Data protection
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:
provide and administer your Account;
reply to any communications you send to us;
send you important notices, as detailed in Clause 14; [and]
We will not pass on your personal information to any third parties.

Law and jurisdiction
These Terms, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
Subject to clause 16.3 below, any disputes concerning these Terms, the relationship between you and us, or any matters arising therefrom 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, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.