Terms & Conditions
WEBSITE T&CS
TERMS AND CONDITIONS OF USE OF Counselling with Nicola
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1 ACCEPTANCE OF TERMS
Your access to and use of Counselling with Nicola (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2 ADVICE
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3 CHANGES TO WEBSITE
Counselling with Nicola reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Counselling with Nicola shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5 COPYRIGHT
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Counselling with Nicola or otherwise used by Counselling with Nicola as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
6.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
6.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
6.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
6.4 We take no responsibility and assume no liability for any comments posted by you or any third-party.
7 DISCLAIMERS AND LIMITATION OF LIABILITY
7.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7.2 To the extent permitted by law, Counselling with Nicola will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
7.3 Counselling with Nicola makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
7.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Counselling with Nicola for death or personal injury as a result of the negligence of Counselling with Nicola or that of its employees or agents.
8 PRIVACY AND COOKIES
8.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions. To view the Privacy Policy, please click on the link.
8.2 The Website uses cookies. Cookies are small text files that are created by a web server and stored on your computer when you visit a website. The Website uses cookies for the following purposes and others which add to the functionality and user experience of this website:
– Collecting information about the shopping basket – tracking when cart data changes
– Finding customer cart data
– If you comment on anything on the website
– My account details
– To record analytics data
Further details of cookies are included in our Privacy Policy. By accepting these terms and conditions, you are giving consent to Counselling with Nicola to place cookies on your computer. Please read the information contained in the Privacy Policy prior to acceptance.
If you wish to opt-out of our placing cookies on your computer, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
9 INDEMNITY
You agree to indemnify and hold Counselling with Nicola and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Counselling with Nicola arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
10 SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
11 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and you hereby submit to the exclusive jurisdiction of the Scottish courts.