Last Updated March 16, 2020
1. Agreement to Terms
1.1 These Terms and Conditions make up a lawfully binding arrangement made in between you, whether personally or on behalf of an entity (you), and Magnolia Design Oc, located at Delaware, United States (we, us), concerning your access to and use of the Magnolia Design Oc (magnoliadesignoc.com) website in addition to any related applications (the Site).
You concur that by accessing the Site and/or Services, you have read, understood, and consent to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from utilizing the Site and Services and you must cease use instantly. We recommend that you print a copy of these Terms and Conditions for future recommendation.
1.2 The supplemental policies set out in Section 1.7 below, along with any supplemental terms and condition or documents that may be published on the Site from time to time, are specifically incorporated by reference.
1.3 We might make changes to these Terms and Conditions at any time. The updated variation of these Terms and Conditions will be shown by an upgraded "Revised" date and the updated version will work as soon as it is accessible. You are accountable for reviewing these Terms and Conditions to remain notified of updates. Your continued use of the Site represents that you have accepted such modifications.
1.4 We might update or alter the Site from time to time to reflect changes to our products, our users' requirements and/or our organisation concerns.
1.5 Our site is directed to people living in United Kingdom. The information supplied on the Site is not meant for circulation to or use by any person or entity in any jurisdiction or nation where such circulation or usage would be contrary to law or policy or which would subject us to any registration requirement within such jurisdiction or nation.
1.6 The Site is planned for users who are at least 18 years old. If you are under the age of 18, you are not allowed to sign up for the Site or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site consist of: ● Certain parts of this Site can be used just on payment of a fee.
2.1 You may not access or utilize the Site for any function aside from that for which we make the site and our services offered. The Site might not be used in connection with any industrial endeavors other than those that are specifically backed or authorized by us.
2.2 As a user of this Site, you agree not to:
3.1 Unless otherwise suggested, the Site and Services consisting of source code, databases, functionality, software, site styles, audio, video, text, pictures, and graphics on the Site (Our Content) are owned or certified to us, and are protected by copyright and trade mark laws.
3.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content might be copied, reproduced, aggregated, republished, published, published, openly shown, encoded, equated, transmitted, dispersed, sold, certified, or otherwise exploited for any industrial function whatsoever, without our express prior composed consent.
3.3 Provided that you are qualified to use the Site, you are given a restricted licence to access and utilize the Site and Our Content and to download or print a copy of any part of the Content to which you have actually properly gained access solely for your personal, non-commercial use.
3.4 You shall not (a) attempt to acquire unauthorised access to the Site or any networks, servers or computer system systems linked to the Site; and/or (b) produce any function including mistake correction, any adjustments, adaptions, additions or improvements to the Site or Our Content, consisting of the modification of the paper or digital copies you might have downloaded.
3.5 We will (a) prepare the Site and Our Content with sensible skill and care; and (b) utilize market basic virus detection software application to attempt to block the uploading of content to the Site that contains viruses.
3.6 The content on the Site is attended to basic details only. It is not planned to total up to recommendations on which you ought to rely. You need to obtain expert or specialist advice prior to taking, or refraining from taking, any action on the basis of the material on the Site.
3.7 Although we clear up efforts to upgrade the info on our site, we make no representations, guarantees or guarantees, whether express or implied, that Our Content on the Site is precise, complete or as much as date.
4.1 The Site may contain links to sites or applications run by 3rd parties.We do not have any influence or control over any such 3rd party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their accessibility or material.
4.2 We accept no duty for adverts consisted of within the Site. If you accept purchase goods and/or services from any 3rd party who advertises in the Site, you do so at your own threat. The marketer, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you ought to contact the marketer.
5.1 We schedule the right at our sole discretion, to (1) keep track of the Site for breaches of these Terms and Conditions; (2) take proper legal action versus anyone in breach of relevant laws or these Terms and Conditions; (3) eliminate from the Site or otherwise disable all files and content that are excessive in size or remain in any way a burden to our systems; and (4) otherwise manage the Site in a manner developed to protect our rights and home and to assist in the correct performance of the Site and Services.
5.2 We do not guarantee that the Site will be protected or free from bugs or viruses.
5.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should utilize your own virus protection software.
6.1 We reserve the right to alter, modify, or remove the contents of the Site at any time or for any factor at our sole discretion without notification. We also reserve the right to customize or stop all or part of the Services without notification at any time.
6.2 We can not guarantee the Site and Services will be offered at all times. We might experience hardware, software, or other issues or require to carry out maintenance related to the Site, leading to disruptions, delays, or mistakes. You concur that we have no liability whatsoever for any loss, damage, or trouble brought on by your inability to access or utilize the Site or Services during any downtime or discontinuance of the Site or Services.We are not required to keep and support the Site or Services or to supply any corrections, updates, or releases.
6.3 There may be information on the Site which contains typographical errors, mistakes, or omissions that may relate to the Services, consisting of descriptions, prices, schedule, and different other info. We book the right to correct any errors, inaccuracies, or omissions and to change or upgrade the info at any time, without prior notice.
7.1 The Site and Services are supplied on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole threat other than as specifically set out in these Terms and Conditions. All service warranties, terms, conditions and endeavors, express or indicated (including by statute, customized or use, a course of dealing, or common law) in connection with the Site and Services and your usage thereof including, without restriction, the implied guarantees of satisfactory quality, physical fitness for a particular purpose and non-infringement are left out to the maximum extent permitted by appropriate law.
We make no warranties or representations about the accuracy or efficiency of the Site's material and are not liable for any (1) mistakes or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all individual info and/or financial details stored on our server; (3) any disturbance or cessation of transmission to or from the site or services; and/or (4) any bugs, infections, trojan horses, or the like which may be transferred to or through the site by any third party. We will not be responsible for any delay or failure to abide by our commitments under these Terms and Conditions if such hold-up or failure is brought on by an occasion beyond our sensible control.
7.2 Our obligation for loss or damage suffered by you:
Whether you are a customer or a service user:
● We do not leave out or restrict in any way our liability to you where it would be illegal to do so. This consists of liability for death or accident caused by our negligence or the negligence of our staff members, agents or subcontractors and for fraud or fraudulent misrepresentation.
● If we fail to abide by these Terms and Conditions, we will be accountable for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be accountable for any loss or damage that were not foreseeable at the time you started using the Site/Services.
Regardless of anything on the contrary consisted of in the Disclaimer/Limitation of Liability area, our liability to you for any cause whatsoever and no matter the form of the action, will at all times be restricted to an overall aggregate quantity equal to the higher of (a) the amount of ₤ 5000 or (b) the quantity paid, if any, by you to us for the Services/Site throughout the six (6) month period prior to any cause of action occurring.
If you are a customer user:
● Please note that we just provide our Site for domestic and personal use. You agree not to utilize our Site for any industrial or business purposes, and we have no liability to you for any loss of profit, loss of organisation, service disruption, or loss of business chance.
● If defective digital content that we have actually provided, damages a device or digital material belonging to you and this is brought on by our failure to use affordable care and ability, we will either repair the damage or pay you compensation.
● You have legal rights in relation to items that are faulty or not as described. Guidance about your legal rights is offered from your local Citizens' Advice Bureau or Trading Standards workplace. Absolutely nothing in these Terms and Conditions will affect these legal rights.
8.1 These Terms and Conditions shall remain completely force and result while you use the Site or Services or are otherwise a user of the Site, as suitable. You may terminate your use or involvement at any time, for any reason, by following the guidelines for ending user accounts in your account settings, if readily available, or by contacting us at our email address.
8.2 Without restricting any other arrangement of these Terms and Conditions, we schedule the right to, in our sole discretion and without notification or liability, deny access to and use of the Site and the Services (consisting of blocking particular IP addresses), to anybody for any reason consisting of without limitation for breach of any representation, service warranty or covenant included in these Terms and Conditions or of any suitable law or guideline.
If we figure out, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or guideline, we may terminate your usage or involvement in the Site and the Services or erase any material or details that you published at any time, without warning, in our sole discretion.
8.3 If we terminate or suspend your account for any factor set out in this Section 9, you are prohibited from signing up and developing a brand-new account under your name, a fake or borrowed name, or the name of any 3rd party, even if you might be acting on behalf of the third party. In addition to ending or suspending your account, we schedule the right to take appropriate legal action, consisting of without constraint pursuing civil, criminal, and injunctive redress.
9.1 Visiting the Site, sending us emails, and completing online kinds make up electronic interactions. You grant get electronic interactions and you agree that all contracts, notices, disclosures, and other interactions we offer to you electronically, via email and on the Site, please any legal requirement that such communication be in writing.
You hereby consent to using electronic signatures, agreements, orders and other records and to electronic shipment of notifications, policies and records of deals started or finished by us or via the Site. You thus waive any rights or requirements under any statutes, policies, guidelines, regulations or other laws in any jurisdiction which need an initial signature or shipment or retention of non-electronic records, or to payments or the approving of credits by besides electronic methods.
9.2 These Terms and Conditions and any policies or running guidelines published by us on the Site or in respect to the Services constitute the whole agreement and understanding in between you and us.
9.3 Our failure to exercise or impose any ideal or provision of these Terms and Conditions will not run as a waiver of such best or provision.
9.4 We might designate any or all of our rights and responsibilities to others at any time.
9.5 We will not be accountable or responsible for any loss, damage, delay or failure to act brought on by any cause beyond our reasonable control.
9.6 If any provision or part of an arrangement of these Terms and Conditions is unlawful, void or unenforceable, that arrangement or part of the provision is deemed severable from these Terms and Conditions and does not impact the validity and enforceability of any staying arrangements.
9.7 There is no joint venture, collaboration, work or company relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
9.8 For consumers only - Please note that these Terms and Conditions, their topic and their development, are governed by English law. You and we both concur that the courts of England and Wales will have unique jurisdiction expect that if you are a citizen of Northern Ireland you might also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may likewise bring proceedings in Scotland. If you have any problem or dream to raise a disagreement under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
9.9 An individual who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to impose any term of these Terms and Conditions.
9.10 In order to resolve a complaint relating to the Services or to receive additional info concerning use of the Services, please contact us by e-mail at our email address.