Site Terms & Conditions
These terms and conditions (our ‘Terms’) govern your use of the Website provided by Diopatra Limited. Please read them in detail before you use our Website or Services. By continuing to use the Website or using our Services you are deemed to have accepted these Terms. We recommend you print a copy for your records.
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1. General Terms
1.1 Michaela Smith of Diopatra Limited (‘I’ and ‘my’), is a self-employed individual. You can contact me by writing to me at this address, 48b Derwentwater Road, London, W3 6DF, UK. If I have to contact you, we will do so by writing to you at the email address or postal address you provided to me, or by telephoning you if you have provided me with your number and given me permission to do so.
1.2 Through my Website, I provide information about my Web Design and Build Business and the service/s I can provide. I also provide a contact mechanism allowing you to contact me to book or discuss services.
1.3 In these Terms, when I refer to my ‘Website’ I am referring to my website www.diopatra.com, and any alternative website or mobile application/s I provide from time to time to allow you to access my Services. Where I refer to ‘Services’, I am referring to the services provided by myself via my Website.
1.4 I may amend these Terms and my Services from time to time. Any amendments or additions to these Terms will be posted to the Website. By continuing to use the Website or the Services you will be deemed to have accepted any or amended or additional Terms.
1.5 By using my Website and/or my Services you agree to be bound by my Privacy Policy, which sets out the terms on which I process any personal data I collect from you, or that you provide to me. By using my Website and/or my Services, you consent to such processing and you warrant that all data provided by you is accurate.
1.6 I may use cookies on this Website in order to monitor Website performance, track purchase information for goods and/or services sold through the Website, or in order to fulfil requested services. You can find out more about cookies, including information on how to block them, at allaboutcookies.org.uk. Where I do use cookies I do not link the cookies to any personally identifiable data.
1.7 If you engage Services and/or Appointments to be provided to a third party, these Terms will be deemed to apply to the recipient of the Services/Appointment and you are responsible for ensuring that such person complies with the Terms and with any applicable Appointment conditions communicated to you.
2. Accessing our Website
2.1 Please note the following regarding my Website:
* My Website is made available free of charge.
* I do not guarantee that my Website, or any content on it, will always be available or be uninterrupted.
* Access to my Website is permitted on a temporary basis. I may suspend, withdraw, discontinue or change all or any part of my Website without notice. I will not be liable to you if for any reason my Website is unavailable at any time or for any period.
* You are responsible for making all arrangements necessary for you to have access to my Website.
* You are also responsible for ensuring that all persons who access my Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
2.2 I am the owner or the licensee of all intellectual property rights in my Website, and in the material published on it. All such rights are reserved. You must not use any part of the content on my Website for commercial purposes without obtaining a licence to do so from me. If you print off, copy or download any part of my Website in breach of these terms of use, your right to use my Website will cease immediately and you must, at my option, return or destroy any copies of the materials you have made.
2.3 The content on my Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although I make reasonable efforts to update the information on my Website, to the extent permitted by law I make no representations, warranties or guarantees, whether express or implied, that the content on my Website is accurate, complete or up-to-date, error-free, free of viruses or other harmful components, or that defects will be corrected.
2.4 I do not guarantee that my Website will be secure or free from bugs or viruses. You must not misuse my Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to my Website, the server on which my Website is stored or any server, computer or database connected to my Website. You must not attack my Website via a denial-of-service attack or a distributed denial-of service attack.
2.5 You may link to my website, 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.
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You must not establish a link to my Website in any website that is not owned by you. My Website must not be framed on any other Website. I reserve the right to withdraw linking permission without notice.
2.6 Where my Website contains links to other Websites and resources or advertising provided by third parties, these links are provided for your information only. I have no control over the contents of those Websites or resources or advertising.
3. Registration of an Account
3.1 Registration is not required in order to receive Services. If you wish to make a booking with me, I will require that you provide me with your name, address, valid email address. I may also require additional information from time to time. You may be given the option to register an account with me (your ‘Account’), which would allow me to keep your personal details. I will issue an invoice for payment of services, which can be made directly to Diopatra Limited's Business Account.
4. Termination and Suspension
4.1 If I suspend your Account or access to the Website for any reason I may refuse to provide you with any Services including the right to make any further bookings. If you attempt to circumvent this clause by attempting to create a new account I reserve the right to terminate this Agreement and any existing Account you may have.
4.2 I may terminate the contract and your Account at any time if:
* You are in breach of any of these Terms.
* You do not make any payment to me when it is due and you still do not make payment within 3 days of my reminding you that payment is due.
* You do not, within a reasonable time of me asking for it, provide me with information that is necessary for me to provide the Services.
4.3 If I end the contract in the situations set out above I may charge you reasonable compensation for the net costs I will incur as a result of your breaking the contract.
5. Our Liability
5.1 If I am negligent in my performance of the Services or fail to comply with these Terms, I am responsible for loss or damage you suffer that is a foreseeable result. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract between us was made, both me and you knew it might happen, for example, if you discussed it with me during the sales process.
5.2 I do not accept any liability for the following types of loss, whether caused by breach of contract, tort (including negligence) or otherwise, even if the loss is foreseeable: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; or waste of management or office time.
5.3 I do not exclude or limit our liability for death or personal injury arising from my negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under English law.
5.4 Please note that I only provide my Website and Services for domestic and private use, and you agree not to use my Website or our Services for any commercial or business purposes.
5.5 My Website and Services are provided for users in the United Kingdom only. Whilst access may be possible from outside the United Kingdom, neither my Website nor Services are intended for such use and such users access the Website and Services at their own risk.
6. Other Important Terms
6.1 I may transfer our rights and obligations under these terms to another organisation. I will contact you to let you know if I plan to do this. If you are unhappy with the transfer, you may contact me to end the contract within 7 days of my telling you about it and I will refund you any payments you have made in advance for products not provided.
6.2 You may only transfer your rights or your obligations under these terms to another person if I agree to this in writing.
6.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
6.4 If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent me taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide the products, I can still require you to make the payment at a later date.
6.5 These Terms contain the whole agreement between myself and you and supersedes any previous terms or discussions between us.
6.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.