Website Terms of Use

BACKGROUND:

These Website Terms of Use, together with the documents referred to in them, set out the terms under which you may use my website at www.breatheandbirthcasey.com .   

 

1.             Definitions and Interpretation 

 

In these Website Terms of Use, 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 that appears on, or forms part of, My Website and/or my social media channels (including but not limited to Instagram: @breathe_and_birth_casey, Facebook page: Breathe & Birth with Casey, Linked In Profile: Casey Ridealgh)

“Data Protection Legislation”

means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made under it); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including the privacy of electronic communications);

“Intellectual Property Rights”

means:

(a) any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights), trade, business and company names, internet domain names and email addresses, unregistered trademarks and service marks, copyrights, database rights,  know-how, rights in designs, inventions and processes;

(b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a);

(c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b) which now or in the future may subsist in any part of the world; and

(d) the right to sue for past infringements of any of the foregoing rights;

“We/Us/My”

means Casey Ridealgh, Sole Trader, trading as Breathe & Birth with Casey, of Welton, Lincoln, as the owner and operator of My Website; and

“You/your”

means you, as a user of My Website.

 

2.            Acceptance of Terms

By accessing or using My Website, you agree to comply with and be bound by these Website Terms of Use. If you do not agree to these terms, you should not use My Website.

 

3.         Changes to Terms

These Website Terms of Use may be revised from time to time without notice. My continued use of My Website after any changes will constitute my acceptance of such changes.  These Website Terms of Use were last updated on 27 August 2024.

 

4.         Privacy Notice and Data Protection

4.1        My use of My Website is also governed by My Privacy Notice, which can also be found on My Website. 

4.2        I will collect, use and process your personal data (including any personal data you supply when signing up for my services, in accordance with my obligations under the Data Protection Legislation and My Privacy Notice.

 

5.         Intellectual Property

5.1        All Content on My Website and My social media accounts, including but not limited to text, graphics, logos, images, and software, is my property and is protected by copyright and other intellectual property laws.

5.2        Save as set out in Clause 5.3, You may not use, reproduce, distribute, sell, sub-licence, store or create derivative works based on any Content from My Website or My social media accounts without my prior written consent.

5.3        You may access, view and use My Website in a web browser, print pages from My Website and save pages for later offline viewing.

5.4        You must always acknowledge me as the owner of the Content on My Website and on my social media channels. 

 

6.         User Conduct

6.1        You agree to use My Website for lawful purposes only and not to engage in any activity that could harm My Website, its users, or third parties.

6.2       Whilst I endeavour to keep My Website free from viruses and malware, you are responsible for protecting your hardware, software and other materials from viruses, malware and other internet security risks.

6.3        You may not:

6.3.1     Use My Website for any illegal or unauthorized purpose;

6.3.2     Post or transmit any content that is (or could be construed as) harmful, offensive, discriminatory or violates any applicable laws;

6.3.3     Deliberately introduce any virus or malware, or attack My Website by means of a denial of service attack;

6.3.4     Attempt to gain unauthorized access to My Website or its systems; or

6.3.5     Link to My Website in a way which suggests any association between you and me or any endorsement by me, or in a way which might damage my reputation or take unfair advantage of it.

6.4       I reserve the right to suspect or terminate your access to Your Account or to My Website if You breach the terms of this Clause 7, or any other terms of these Website Terms of Use.

 

7.         Links to Third-Party Websites

My Website may contain links to third-party websites.  I am not responsible for the content of these third-party websites, and shall not be liable in respect of any such content.  I am not endorsing that content by linking to them. You should review the website terms and policies of any third-party websites you visit.

 

8.         Disclaimers

8.1        I make no representations or warranties, express or implied, that My Website will meet Your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software or hardware, or that it will be secure.

8.2       I make no representations or warranties regarding the accuracy or completeness of the Content, or that the Content is up-to-date.  I shall not be liable to you for any inaccuracy contained in the Content or for any reliance You may place on that Content.

 

9.         Limitation of Liability

 To the fullest extent permitted by law, I shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of My Website.  If you are a business owner, I shall not be liable for loss of profits, sales, business or revenue, loss of business opportunity, goodwill or reputation, loss of anticipated savings, business interruption or for any other indirect or consequential loss or damage.

 

10.       Indemnification

 You agree to indemnify and hold me harmless from any claims, liabilities, damages, and expenses (including legal fees) arising from your use of My Website or from your violation of these Website Terms of Use.

 

11.        Governing Law

These Website Terms of Use are governed by and construed in accordance with the laws of England and Wales.

 

12.        Contact Information

If you have any questions or concerns about My Website or these Website Terms of Use, please contact us at hello@breatheandbirthcasey.com or via any of the methods set out on My ‘Contact Us’ page.