TERMS AND CONDITIONS OF USE
Introduction
These terms and conditions apply between you, the User
of this Website (including any sub-domains, unless expressly excluded by their
own terms and conditions), and Earth
Lotus, the owner and operator of this Website. Please read these terms
and conditions carefully, as they affect your legal rights. Your agreement to
comply with and be bound by these terms and conditions is deemed to occur upon
your first use of the Website. If you do not agree to be bound by these terms
and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third
party that accesses the Website and is not either (i) employed Earth Lotus and acting in the
course of their employment or (ii) engaged as a consultant or otherwise
providing services to Earth Lotus
and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this
Website. By using the Website and agreeing to these terms and conditions, you
represent and warrant that you are at least 18 years of age.
Intellectual Property and Acceptable Use
1. All Content included on the Website, unless uploaded
by Users, is the property of Earth
Lotus, our affiliates or other relevant third parties. In these
terms and conditions, Content means any text, graphics, images, audio, video,
software, data compilations, page layout, underlying code and software and any
other form of information capable of being stored in a computer that appears on
or forms part of this Website, including any such content uploaded by Users. By
continuing to use the Website you acknowledge that such Content is protected by
copyright, trademarks, database rights and other intellectual property rights.
Nothing on this site shall be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any trademark, logo or service mark
displayed on the site without the owner's prior written permission.
2. You may, for your own personal, non-commercial use
only, do the following:
a.
retrieve, display
and view the Content on a device.
3. You must not otherwise reproduce, modify, copy,
distribute or use for commercial purposes any Content without the written
permission of Earth
Lotus.
Prohibited Use
4. You may not use the Website for any of the following
purposes:
a.
in any way which
causes, or may cause, damage to the Website or interferes with any other
person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal,
abusive, harassing, threatening or otherwise objectionable or in breach of any
applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of
Content protected by copyright without the permission of the owner.
Links to Other Websites
5. This Website may contain links to other sites. Unless
expressly stated, these sites are not under the control Earth Lotus or that of our
affiliates.
6. We assume no responsibility for the content of such
Websites and disclaim liability for any and all forms of loss or damage arising
out of the use of them.
7. The inclusion of a link to another site on this
Website does not imply any endorsement of the sites themselves or of those in
control of them.
Privacy Policy and Cookies Policy
8. Use of the Website is also governed by our Privacy
Policy and Cookies Policy, which are incorporated into these terms and
conditions by this reference. To view the Privacy Policy and Cookies Policy,
please click on the following: https://earthlotus.co.uk/privacy-policy/ and https://earthlotus.co.uk/cookie-policy/.
Availability of the Website and Disclaimers
9. Any online facilities, tools, services or information
that Earth Lotus makes
available through the Website (the Service) is provided
"as is" and on an "as available" basis. We give no warranty
that the Service will be free of defects and/or faults. To the maximum extent
permitted by the law, we provide no warranties (express or implied) of fitness
for a particular purpose, accuracy of information, compatibility and
satisfactory quality. Earth
Lotus is under no obligation to update information on the Website.
10.
Whilst Earth Lotus uses reasonable
endeavours to ensure that the Website is secure and free of errors, viruses and
other malware, we give no warranty or guaranty in that regard and all Users
take responsibility for their own security, that of their personal details and
their computers.
11.
Earth Lotus accepts no liability for any disruption or non-availability
of the Website.
12.
Earth Lotus reserves the right to alter, suspend or discontinue any part
(or the whole) of the Website including, but not limited to, any products
and/or services available. These terms and conditions shall continue to apply
to any modified version of the Website unless it is expressly stated otherwise.
Limitation of Liability
13.
Nothing in these terms
and conditions will: (a) limit or exclude our or your liability for death or
personal injury resulting from our or your negligence, as applicable; (b) limit
or exclude our or your liability for fraud or fraudulent misrepresentation; or
(c) limit or exclude any of our or your liabilities in any way that is not
permitted under applicable law.
14.
We will not be
liable to you in respect of any losses arising out of events beyond our
reasonable control.
15.
To the maximum
extent permitted by law, Earth
Lotus accepts no liability for any of the following:
a.
any business
losses, such as loss of profits, income, revenue, anticipated savings,
business, contracts, goodwill or commercial opportunities.
b. loss or corruption of any data, database or software.
c. any special, indirect or consequential loss or damage.
General
16.
You may not
transfer any of your rights under these terms and conditions to any other
person. We may transfer our rights under these terms and conditions where we reasonably
believe your rights will not be affected.
17.
These terms and
conditions may be varied by us from time to time. Such revised terms will apply
to the Website from the date of publication. Users should check the terms and
conditions regularly to ensure familiarity with the current version.
18.
These terms and conditions, together with the Privacy Policy
and Cookies Policy, contain the whole agreement between the parties
relating to its subject matter and supersede all prior discussions,
arrangements or agreements that might have taken place in relation to the terms
and conditions.
19.
The Contracts (Rights of Third Parties) Act
1999 shall not apply to these terms and conditions and no third
party will have any right to enforce or rely on any provision of these terms
and conditions.
20.
If any court or
competent authority finds that any provision of these terms and conditions (or
part of any provision) is invalid, illegal or unenforceable, that provision or
part-provision will, to the extent required, be deemed to be deleted, and the
validity and enforceability of the other provisions of these terms and
conditions will not be affected.
21.
Unless otherwise
agreed, no delay, act or omission by a party in exercising any right or remedy
will be deemed a waiver of that, or any other, right or remedy.
22.
This Agreement
shall be governed by and interpreted according to the law of England and Wales and all
disputes arising under the Agreement (including non-contractual disputes or
claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Earth
Lotus Details
23.
Earth Lotus operates the Website https://earthlotus.co.uk/.
You can
contact Earth Lotus by email
on info@earthlotus.co.uk.