introduction
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Essential Home and Garden, accessible at www.essentialhomeandgarden.com.
- By using our Website, you accepted these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Website.
- License to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your organization.
Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without the express written consent of Essential Home and Garden.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without the express written consent of Essential Home and Garden.
Restricted access
Essential Home and Garden reserves the right to restrict access to areas of our website, or indeed our whole website, at our discretion and without notice.
If Essential Home and Garden provides you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the user ID and password are kept confidential at all times.
Essential Home and Garden may disable your user ID and password at any time in its sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to Essential Home and Garden a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Essential Home and Garden the right to sub-license these rights, and the right to
sub-license these rights, and the right to bring an action for infringement of these rights.
You warrant and represent that your user content will comply with these terms and conditions.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Essential Home and Garden or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Essential Home and Garden reserves the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding Essential Home and Garden’s rights under these terms and conditions in relating to user content, Essential Home and Garden does not undertake to monitor the submission of such content to, or the publication of such content on, our website.
Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations and exclusions of liability
Nothing in these terms and conditions will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:
are subject to the preceding paragraph; and
govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website.
Exceptions
Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in these terms and conditions will exclude or limit our liability in respect of any:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation on the part of Essential Home and Garden; or
matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, our liability.
Reasonableness
By using our website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use our website.
Other parties
You accept that, as a limited liability entity, Essential Home and Garden has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Essential Home and Garden’s officers or employees in respect of any losses you suffer in connection with the website.
Unenforceable provisions
If any provision of these terms and conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these terms and conditions.
Indemnity
You hereby indemnify Essential Home and Garden and undertake to keep Essential Home and Garden indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Essential Home and Garden to a third party in settlement of a claim or dispute on the advice of Essential Home and Garden’s legal advisers) incurred or suffered by Essential Home and Garden arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Essential Home and Garden’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Essential Home and Garden may take such action as Essential Home and Garden deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Essential Home and Garden may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Essential Home and Garden may transfer, sub-contract or otherwise deal with Essential Home and Garden’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Exclusion of third-party rights
These terms and conditions are for the benefit of you and Essential Home and Garden, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
Entire agreement
These terms and conditions, together with our privacy policy, constitute the entire agreement between you and Essential Home and Garden in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with [Insert applicable law], and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of [Insert jurisdiction].
