Terms and Conditions
1. User Terms
These User Terms apply to websites operated by Positive Flow Creates Ltd trading as Arty Crafty Kids (‘Positive Flow Creates Ltd’, ‘we’ or ‘us’) from time to time. In accordance with the following user terms (‘User Terms’), Positive Flow Creates Ltd grants you as an authorised user (‘User’ or ‘you’) of this website (the ‘Website’) certain rights (as set out below) and in return you agree to perform certain obligations. These User Terms form a binding contract between you and Positive Flow Creates Ltd. By using this Website, you therefore confirm that you are 18 years old or more, or if you are under 18 years old that you are 13 years of age or more and have received your parent’s or guardian’s consent to enter into these User Terms. Please read these User Terms carefully before using the Website. By using the Website, you are deemed to have accepted these User Terms. These User Terms apply whatever method you have used to access the Website, including but not limited to the web, digital television services and mobile phone. If you do not agree to any part of these User Terms you should stop accessing this Website and navigate away from it.
Please note that these User Terms also contain the Positive Flow Creates Ltd Selling Terms for Goods and Services in respect of any goods or services you buy direct from Positive Flow Creates Ltd on the Website, as well as our Acceptable Use Policy and our Forum Rules.
2. Information about Us
This Website is operated by Positive Flow Creates Ltd, a private liability company registered in England and Wales under company number 10628790. Our registered office address is TBC
Some services on the Website may be restricted to users that have registered their details with us and created an account. If you decide to register for one of these services you agree:
(a) that your account details are personal to you and you shall not disclose your account details to any third party;
(b) that you will not allow a third party to use your password for the purposes of gaining entry to services meant for registered users only and that you will take all reasonable steps to ensure that your user details are kept confidential and secure; and
(c) that you will not create an account using false information or impersonate another person when registering for a service on the Website. We may cancel your account at anytime if for any reason we believe you have breached these requirements. We also reserve the right to disable your account details, whether chosen by you or allocated by us, at any time if in our sole opinion you have failed to comply with any part of these User Terms.
4. Accessing the Website
Accessing our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable for any reason if the Website remains unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire site, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our site (including taking necessary steps to ensure you use up to date anti-virus software). You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these User Terms, and that they comply with them. Any commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
5. Use of the Website / Acceptable Use Policy
Your use of the Website shall be subject to complying at all times with our Acceptable Use Policy in this clause 5. For the purposes of these User Terms: “Material” shall include but is not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, advertising material and other material published on the Website.
We are either the owner or the licensee of the intellectual property rights in the Website and the Material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5(a) Accessing our Material
You are entitled to access and print the Material for your own personal private and non-commercial use only, provided that you do not:
(i) download or print any Material in a systematic or regular manner so as to create a database (electronic or paper form);
(ii) remove any notices relating to the ownership of copyright or other intellectual property rights in the Material;
(iii) modify, translate, reverse engineer, reproduce, decompile, disassemble or create derivative works of any of the Material; or
(iv) rent, lease, sub-license, loan, copy, commercially exploit or give or transfer any rights in the Material in any form, to any person or entity without our prior written consent.
Our status (and that of any identified third party contributor or rights holder) as the author of the Material must always be acknowledged. If you print off or otherwise copy any part of the Website or Material in breach of these User Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Material you have made. You are not authorised to download or copy any music or videos which we may grant you access to on the Website without our explicit written consent in each instance.
5(b) Prohibited uses
You further agree that you will not use the Website for any of the following purposes:
(i) to send or distribute multiple unsolicited emails or messages (‘Spam’) or to cause any other person annoyance, inconvenience or worry;
(ii) for any purposes connected to any business, including sending any unsolicited advertisements or promotional material;
(iii) to use or attempt to use any software, engine, or any other means to navigate or search the Website other than the navigation tools and search facilities available on the Website and general third party browsers;
(iv) to carry out any activities in relation to “screen scraping” or “database scraping” to obtain lists of users, URLs, internet keywords or other information;
(v) to access the Website by any means other than through the interface that is provided by Positive Flow Creates Ltd for use in accessing the Website;
(vi) to use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Website;
(vii) to do anything which imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
(viii) to interfere with or disrupt the Website and/or any of its services or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website; or
(ix) to collect or store personal data about other users of the Website whether or not for commercial purpose without their consent. This includes the posting of phone numbers, addresses or any other private information without the express permission of that individual.
5(c) Submission of Material to the Website
You agree that any Material submitted by you for publication on the Website, including but not limited to any Material sent via Forums, chat services, feedback, bulletin boards or articles or any other Material submitted for publication on the Website or in using any of the Website services is done so on the following terms:
(i) you will not submit Material that is offensive, abusive, indecent, defamatory, obscene;
(ii) you will not submit any Material which infringes the intellectual property rights of any third party or in breach of any obligation of confidentiality by which you are bound – all Material must be owned by or created by you;
(iii) you grant to us a worldwide, royalty free licence to use the Material in perpetuity in any format and on any media, this means for example that we may use your Material in the print and digital editions of magazines published by Positive Flow Creates Ltd, the Website and on any other website operated by Positive Flow Creates Ltd;
(iv) we reserve the right not to publish the Material submitted and to make additions or deletions to the Material, prior to publication;
(v) we reserve the right to remove and/or delete the Material submitted by you without notice;
(vi) we reserve the right to cut and crop any photographs or graphical images submitted by you at our discretion and to alter any Material such that we can make it available on the Website;
(vii) you acknowledge that you are solely responsible for the Material you submit and that we do not screen the Material prior to its publication on the Website, and therefore any opinion submitted by you shall be accurate and/or genuinely held;
(viii) we reserve the right to share your identity with any third party who is claiming that any Material posted or uploaded by you to the Website violates these User Terms;
(ix) we may identify you as the contributor of any Material, and you waive any moral rights you may have in respect of our use of the Material. Our Forum Rules expand upon the points above.
6. Buying Goods and Services via the Website
The Website may offer you the opportunity to purchase goods and services. Some of these goods and services will be provided directly by us (and we shall notify you in each instance where we are the seller). In such cases the legal contract for the provision of these goods and services will therefore be made directly between you and Positive Flow Creates Ltd, and will be governed by the Positive Flow Creates Ltd Selling Terms for Goods and Services set out in clause 6(b), together with any additional terms notified to you at the time of sale. Alternatively, other goods and services available through the Website may either be:
A) provided by a third party through a third party website linked to or framed by the Website; or
B) provided by us acting as agent for a third party. In either of the above circumstances the legal contract for the goods and services provided will be made between you and that third party (the “Merchant”) and the Merchant’s terms and conditions shall apply to the sale and supply of the goods and services (the “Merchandise”) in addition to these User Terms. Accordingly, we cannot give any undertaking that the products you purchase from third party sellers through our Website will be of satisfactory quality and any such warranties are hereby disclaimed by us absolutely. However, this disclaimer by us, does not affect your statutory rights against that third party seller.
Positive Flow Creates Ltd refers to the e-commerce as described in the previous paragraph as “Merchant Sales” and the following Merchant Rules apply. You should carefully read the Merchant’s own terms and conditions in addition to these Merchant Rules and User Terms.
6(a) Merchant Rules
When purchasing Merchandise you acknowledge:
(i) that the Merchant (and not Positive Flow Creates Ltd) is solely responsible for the fulfillment of orders for any Merchandise and for its quality, suitability and fitness for purpose;
(ii) that the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Website or from the Merchant via the Merchant’s website or otherwise, and/or recommendations made to you by the site or otherwise, is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and you acknowledge that Positive Flow Creates Ltd shall have no responsibility, obligations or liability in relation to the Merchandise;
(iii) that any Merchant’s data protection practices may differ from those adhered to by Positive Flow Creates Ltd. Positive Flow Creates Ltd is not responsible for, and has no control over, any data that is submitted to, or collected by any third parties; and
(iv) that Positive Flow Creates Ltd is not responsible or liable directly or indirectly for any charge or loss whatsoever and howsoever arising or resulting from your use of or reliance on any content, material or goods or services available through, on or from any Merchant or Merchant’s websites.
6(b) Positive Flow Creates Ltd Selling Terms for Goods and Services
For goods and services sold directly by Positive Flow Creates Ltd, the following Positive Flow Creates Ltd Selling Terms shall apply in addition to the User Terms. In the event that there are other terms on the Website referring to the sale of such goods and services that conflict with the terms set out hereunder, the terms on the Website shall prevail. An example of the Goods that Positive Flow Creates Ltd sells are music cds, posters, clothes and physical products in general. The specific terms that relate to “goods” therefore only apply to all physical items sold through the Website by Positive Flow Creates Ltd.
An example of the Services that Positive Flow Creates Ltd sells are music and/or video downloads and/or streams, digital downloads of magazines, and/or access to online ‘paid for content’. The specific terms that relate to “services” therefore only apply to all non-physical items sold through the Website by Positive Flow Creates Ltd.
BY PLACING AN ORDER THROUGH THE WEBSITE, YOU WARRANT AND CONFIRM THAT YOU ARE LEGALLY CAPABLE OF ENTERING INTO BINDING CONTRACTS AND YOU ARE AT LEAST 18 YEARS OLD. IF YOU ARE UNDER THE AGE OF 18 YEARS OLD, YOU MUST ENSURE THAT A PARENT OR GUARDIAN PURCHASES THE GOODS OR SERVICES ON YOUR BEHALF. YOU SHOULD PRINT OUT AND KEEP A COPY OF THESE USER TERMS FOR YOUR REFERENCE IN RESPECT OF ANY GOODS OR SERVICES YOU BUY FROM US. How the contract is formed between you and Positive Flow Creates Ltd for the purchase of Goods After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the goods.
All orders are subject to acceptance by us, and, where you order online we will confirm such acceptance to you by sending you an e-mail that confirms the goods have been dispatched (the “Dispatch Notice”). The contract between us for the provision of the goods will only be formed when we send you the Dispatch Notice The contract will relate only to those goods whose dispatch we have confirmed in the Dispatch Notice. We will not be obliged to supply any other goods which may have been part of your order until the dispatch of such other goods is confirmed in a separate Dispatch Notice.
How the contract is formed between you and Positive Flow Creates Ltd for the purchase of Services.
After you place an order for services, the contract between Positive Flow Creates Ltd and you will only be formed when we make the digital content available to you for download or access, and Positive Flow Creates Ltd has received payment in full from you. Positive Flow Creates Ltd reserves the right, at its sole discretion to reject any orders it receives.
Purchase and delivery of Goods and Services
(i) Your transaction will be processed in a secure environment.
(ii) The price of any goods or services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable for change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Notice unless in the event of a mistake (as set out below).
(iii) Our Website may contain a large number of products, and despite our best efforts, some of the products on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the product or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Dispatch Notice if the pricing error is obvious and unmistakable and could easily have been recognised by you as a mis-pricing.
(iv) In respect of purchasing goods, you will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out on the Website. All postage and packing charges are subject to change without notice.
(v) Positive Flow Creates Ltd accepts the following methods of payment via our payment portal: all major credit cards . For the avoidance of doubt, Positive Flow Creates Ltd does not accept payment by cash or cheque. We charge your debit or credit card at the time of your order.
(vi) In the event that you place an order for any out of stock item, Positive Flow Creates Ltd will inform you if it is awaiting stock and the anticipated arrival date of such stock. Positive Flow Creates Ltd will hold your order and despatch your goods as soon as the stock arrives. You may elect for Positive Flow Creates Ltd to refund your card and to re-purchase on arrival of the stock. In this event, Positive Flow Creates Ltd will notify you via email that stock has arrived and you will be required to place your order again. Please note that customers who have not opted for the refund will take preference. We shall not substitute or replace any out of stock item without your prior consent.
(vii) Unless otherwise specified on the relevant Website Positive Flow Creates Ltd only delivers goods and provides services to residents in the United Kingdom mainland only. We do not accept orders from outside the United Kingdom unless expressly stated otherwise on the Website.
(viii) We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
(ix) Positive Flow Creates Ltd endeavours to ensure all standard items are in stock and available for immediate despatch. T Positive Flow Creates Ltd endeavours to deliver all goods that are in stock within seven (7) days of orders being placed and in any event within thirty (30) days of your order. Delivery of larger hand assembled items and selected fabric items may take up to eight (8) weeks. Positive Flow Creates Ltd will notify you if there is the likelihood of any delay and agree with you a revised delivery time.
(x) You will become the owner of the goods you have ordered when they have been delivered to you and we have received payment. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss, damage or destruction.
(xi) We shall be under no liability for any delay or failure to deliver products or digital content if the delay or failure is wholly or partly caused by circumstances beyond our control.
(xii) Positive Flow Creates Ltd reserves the right to ship physical items separately or via a third party supplier. This will not affect the purchase price or delivery charges. Order Cancellation, Returns and Refunds in respect of Goods only
(xiii) If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk within a reasonable time (usually 28 days). You must take reasonable care of the products that you wish to cancel. If you cancel your contract prior to receiving the goods but where we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
(xiv) If the goods you receive are incorrectly supplied, faulty or damaged on delivery then you may cancel your contract with us providing you do so by contacting us by email (on the email on the advice note sent with your goods) within seven (7) working days of delivery. You must return the goods to us as soon as possible. We will examine the products on their return to us, to confirm if they were incorrectly supplied, faulty or damaged. Products returned by you because they were incorrectly supplied, faulty or damaged will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us.
(xv) When returning goods to Positive Flow Creates Ltd for any of the above reasons, please follow the return instructions given by customer services. Returns should be made within a reasonable time (usually 28 days). Please clearly indicate whether you would like a refund or exchange, enclose this information in the original packaging and return to the address on your email documentation.
(xvi) You cannot cancel your contract with us if the goods you have ordered are:
(a) newspapers or magazines; or
(b) if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you unless faulty; or
(c) created pursuant to your own specifications; or
(d) perishable goods; or
(e) goods that by reason of their nature cannot be returned e.g. earrings.
(xvii) We reserve the right to refuse any cancellations, refunds or returns if you do not return the goods to us in the same condition as we supplied them to you. You should return the goods to us with the original and undamaged packaging. Wherever reasonable, you should keep the goods in their sealed packaging unless you are sure you wish to keep the item. You should ensure that any clothing item is kept or tried on in hygienic conditions. Any hygiene seals should be kept on products and not removed unless you wish to keep the product. We cannot accept returns of products where any hygiene seal has been broken or removed. You have a legal obligation to take reasonable care of the any products whilst they are in your possession. If you fail to comply with this obligation then we may have a right of action against you for compensation.
(xviii) When returning items, adequate insurance cover and proof of posting is strongly recommended. Positive Flow Creates Ltd cannot accept responsibility for parcels lost in transit. For all returns (with the exception of larger or heavier items (for which please see paragraph (xix) below), you will be required to arrange and pay for the return of the products to Positive Flow Creates Ltd, unless we sent a faulty or defective product to you.
(xix) Positive Flow Creates Ltd may, at its sole discretion, arrange collection of heavy items. Please contact Positive Flow Creates Ltd to arrange a collection. Where this is the case you will be responsible to pay the costs of such collection (which we will notify to you in advance).
(xx) When returning goods ordered from the Website, please quote the transaction identification code found on your Dispatch Notification e-mail.
(xxi) Once you have notified us that you are cancelling your contract and that you are requesting a refund and you have returned the goods to us, any sum debited to us from your credit or debit card will be re-credited to your account as soon as possible and in any event within thirty (30) days of your notice to give cancellation subject to any rights we may have to withhold amounts to you. If you do not return the goods delivered to you or do not pay the costs of returning the goods, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
(xxii) Refunds for items bought as a gift will be credited to the original purchaser.
(xxiii) If you are exchanging goods whereby the replacement item costs less than the one you have returned, you will be refunded the difference.
(xxiv) When you are exchanging goods, and the new purchase costs more than your original purchase, additional payment will be required. The additional payment of the remaining balance may either be included by you with the returned goods and new purchase details, or one of our operators will contact you on receipt of your return to obtain the payment balance. Order Cancellation, Returns and Refunds in respect of Services only
(xxv) When purchasing services (e.g. downloads of music, videos or digital versions of magazine, or access to online ‘paid for content’), then if you are a consumer you may (subject to paragraph xxvi) cancel your contract to purchase the services within seven (7) working days of completing the transaction to purchase the service. Notice may be given using the Customer Care details below.
(xxvi) However, your right to cancel the contract with us shall automatically expire as soon as the service begins (i.e. as soon as the file download commences or access to the online ‘paid for content’ is granted). Please note that this means you will not be able to receive refunds for downloads or access to paid content once you have commenced the download or been granted access to the paid content.
You may contact Positive Flow Creates Ltd in relation to your order by email at address provided on your order notification e-mail and on the website
We warrant to you that any goods or services purchased from Positive Flow Creates Ltd shall be of a satisfactory quality and reasonably fit for purpose for which products of the kind are commonly supplied. However our total liability to you for any breach of this warranty shall be limited to the purchase price of the goods or service only. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under these Positive Flow Creates Ltd Selling Terms and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods or services in question.
Notwithstanding the foregoing, nothing in these Positive Flow Creates Ltd Selling Terms is intended to limit any rights you might have as a consumer under applicable UK law, including the Consumer Protection (Distance Selling) Regulations 2000 or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
We will not be liable to you if we are prevented or delayed from complying with our obligations under the Positive Flow Creates Ltd. Selling Terms by anything you do (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
The liability of any third party seller shall be as set out in their own terms and conditions with you.
7. Competitions and Promotions
We may run competitions and promotions on the Website from time to time. In addition to these User Terms, such competitions and promotions shall be subject to Positive Flow Creates Ltd’s Standard Competition Terms and Conditions and any additional terms notified to you at the time.
8. Forum Rules
Use of any forum on the Website (“Forum”) indicates your acceptance of these Forum Rules and any relevant specific rules relating to a particular Forum, if applicable. In the event of a conflict between the Forum Rules set out below and any Forum specific rules, the Forum specific rules shall prevail. Please note that we do not actively monitor the activities in our Forums.
(a) Companies/individuals must not use the Forum to advertise any products or services. Please visit www.TBC.com to find out more about advertising opportunities.
(b) Positive Flow Creates Ltd reserves the right, in its sole discretion, to remove access to the Forum for any Users.
(c) Users may not post rude or abusive messages, including personal attacks on other Users
(d) Users may not post defamatory or other insulting or inappropriate messages.
(e) Users may not place any material onto the Forum that infringes the Intellectual Property Rights or other rights of any third party or breaches any applicable laws.
(f) Positive Flow Creates Ltd reserves the right to take appropriate action in the event of any suspected infringement of any applicable law.
(g) Users may not use any Forum for transmitting any spam, junk mail, or any other form of commercial solicitation.
(h) Users may not post onto any Forum anything that contains any software viruses or any other code, file, program designed to harm the function of any computer or telecommunications equipment.
(i) Users must not collect or store (or attempt to collect or store) any personal data that it may receive about other Users of any Forum.
(j) If under the age of 18 a User will need to obtain a parent or guardian’s permission before posting anything onto the Forum.
(k) Comments submitted to any Forum may be recorded and stored in multiple places, both in the Website and elsewhere on the internet. These comments may be accessible for a long time and Users will not have control over who may read them. Users should be careful and selective over the personal information they disclose about themselves and others. In particular Users should not disclose sensitive, embarrassing, proprietary or confidential information in any comments made on any Forum. Users should not include sensitive personal details (like e-mail or physical addresses or telephone numbers) anywhere on the Forum, but particularly on public message boards. We take no responsibility for any issues arising from any User’s disclosure of any such information on any Forum.
(l) Any User who includes a link from any other website to the Website shall ensure that such a link opens in a new browser window and shall link to the full version of an HTML formatted page of the Website. Users are not permitted to link directly to any image hosted on the Website, such as using an “in-line” image linking method to cause the image hosted by us to be displayed on another website. Users agree not to download or use images hosted on the Website on any other website for any purpose, including but not limited to posting such images on another website. Users agree not to link from any other website to the Website in any manner causing the Website or any page of the Website to be surrounded or obfuscated by any third party content, materials or branding. Positive Flow Creates Ltd reserves the right to insist that any link to the Website is removed or discontinued, and to revoke the right of any User to link to the Website from any other website at any time.
(m) Positive Flow Creates Ltd reserves the absolute right to use any submission to any Forum in any format or media, whether now known or hereafter invented.
(n) Users waive their moral rights to object to any derogatory treatment, or to be identified as the author of any post made on any Forum.
(o) If a User fails to adhere to these, or any applicable Forum specific rules, Positive Flow Creates Ltd reserves the right to terminate the User’s participation on any Forum.
(p) The Forums may not be moderated. Positive Flow Creates Ltd reserve the right to remove or edit any posting on any Forum that contravenes these, or any applicable Forum specific rules.
(q) Users of any Forum use the Forum entirely at their own risk. As such, to the extent permitted by law, Users release Positive Flow Creates Ltd, its directors, contractors and employees from all liability arising out of or in connection with the Forum and the material submitted to it by third parties. For the avoidance of doubt, Positive Flow Creates Ltd takes no responsibility for any of the views expressed on any Forums.
(r) Problems or complaints should be directed to Positive Flow Creates Ltd via private message to a Forum moderator.
Safeguarding your privacy is important to us. This policy describes our practices concerning the collection, use, and disclosure of personal and other information in connection with your use of Arty Crafty Kids products & services and our website. This policy applies to all registered members and any other person who uses our products & services or our website as a guest. By using Arty Crafty Kids products & services or visiting our website, you are agreeing to the terms of this policy.
We may amend this policy from time to time. You should revisit this page regularly to make sure
you know our current policy.
9A. INFORMATION WE COLLECT ABOUT YOU
We may collect both “personal information” and “non-personal information” about you. For the purposes of this policy, “personal information” is information such as a name or email address that we can directly associate with a specific person without additional information; and “Nonpersonal information” is information that we cannot directly associate with a specific person without the aid of additional information.
When we combine non-personal information with personal information, we treat all of the combined information as personal information.
Collecting personal and non-personal information enables us to provide a better experience for our members and guests. We collect this information for a variety of purposes, including protecting the security of our premises, staff, members, guests and website, gauging the
effectiveness of and improving our service and our website, distributing our newsletters, notifying the winners of competitions, facilitating participation in specified activities, and promoting our services.
Personal Information: You can use most of our website without submitting any personal information. However, to gain access to our premises, you must register as a member and provide personal information, including, but not limited to, your name, telephone number, email address, unique password, postal address, payment information, and company name. You agree to provide accurate and current information about yourself. You also agree to the sharing of certain information through your profile, as described below.
We may retain personal information for an indefinite period to preserve our database and to comply with various laws.
Surveys and Events: From time to time, we may ask members and guests to participate in surveys or provide opportunities to participate in events. They may be used to collect both personal and non-personal information about you. Participation in these activities is completely
voluntary, and you therefore have a choice whether or not to disclose your information. We will post any special rules that apply on our website, and if necessary, send you any supplemental terms and conditions or privacy provisions by email or post. To the extent there is a conflict between those privacy provisions and this policy, the privacy provisions for the specific event will apply.
Weblog Data: When you use our website, we automatically receive and record certain information from your computer (or other device) and your browser. This may include your IP address and domain name, the pages you visit, the date and time of your visit, the files that you
download, the URLs from the websites you visit before and after navigating to our website, your software and hardware attributes (including device IDs), your general geographic location, and certain cookie information. To obtain that information, we may use web logs or applications that recognise your computer and gather information about its online activity.
Web beacons: We also may use an application known as a “web beacon” (also known as a “clear gif” or a “web bug”). A web beacon is an electronic file that usually consists of a single-pixel image. It can be embedded in a web page or in an email to transmit information, which could include personal information. For example, it allows an email sender to determine whether a user has opened a particular email. We do not disclose to non-service-provider third parties any personal information that we collect in connection with web beacons. However, other websites that you may link to through our website also may use web beacons, so you should review other website operators’ privacy policies to determine the type and extent of tracking devices used, and the information shared.
Third-party online tracking and behavioural advertising: We also may partner with certain third parties to collect, analyse, and use some of the personal and non-personal information described above. For example, we may allow third parties to set cookies or use web beacons on
our website or in email communications. This information may be used for a variety of purposes, including online behavioural advertising (see “HOW WE SHARE INFORMATION WITH THIRD PARTIES”).
9B. HOW WE USE THE INFORMATION WE COLLECT ABOUT YOU
We use the information that we collect for a variety of purposes.
We may use personal information we have about you, for example: to respond to your questions or requests concerning our services or those of our partners; to fulfil the terms of any agreement you have with us; to fulfil your requests for our services or otherwise complete a transaction that you initiate; to send you information about our services and other topics that are likely to be ofinterest to you; to deliver confirmations, account information, notifications, and similar operational communications; to improve your user experience and the quality of our website and services; to comply with legal and/or regulatory requirements; and to manage our business.
We may use non-personal information we have about you, for example: to count and recognise users of our website; to analyse how users navigate our website and use various features; to improve our website and enhance user experience; to create new products and services or
improve our existing products and services; to enable additional website analytics and research concerning our website; and to manage our business.
We also may use the personal and non-personal information that we collect to send you promotional communications including emails or post about our products and services or those of our partners. Although we hope you will find our promotional mail of interest, you may opt out of receiving them in the future by following the unsubscribe instructions at the bottom of the email or email firstname.lastname@example.org
9C. HOW WE SHARE INFORMATION WITH THIRD PARTIES
We may share your personal and non-personal information with third parties for a variety of
Analytics and online behavioural advertising: We partner with certain third parties to collect non-personal information and to engage in analysis, auditing, research, and reporting. These third parties may use web logs or web beacons, and they may set or access cookies on your
Third-party service providers and business partners: We also use other third-party service providers to help us manage and improve our website and other services. These service providers may collect and/or use your personal or non-personal information to assist us in achieving the purposes set out in this policy. For example, we use third parties to host and manage our website, to help us target and implement our email communications and direct mailings, to help us process credit card and other payments, and to help us manage our relationships with the people and companies that use our services.
We also may share your personal or non-personal information with other third parties whennecessary to fulfil your requests for services; to complete a transaction that you initiate; to meet the terms of any agreement that you have with us or our partners; or to manage our business.
We may offer a list of helpful website links provided by others. We do not endorse or recommend, nor are we liable for, the products or services of any websites not owned or operated by us. When you visit other websites, you also will be subject to the privacy policies and terms of usage agreements, if any, of those website operators.
Direct sharing of information through third-party websites and services: Our website may enable you to share personal and other information through websites or online services operated by third parties. If you choose to use such features, you may disclose your personal information not just to those third-party websites and services, but also to their users and the public more generally. Because these third party websites and services are not operated by us, we are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your personal and non-personal information will be subject to the privacy policies of the third party websites or services, and not this policy.
Third-party marketing: If you agree to receive marketing emails from third-parties, we will provide your personal information to third parties, so that those third parties may directly contact you about products and services not offered by us. If you later decide to stop receiving
marketing emails from third parties, you will need to contact the third party directly and/or follow the instructions at the bottom of their marketing emails.
Legal purposes: We also may use or share your personal or non-personal information with third parties when we believe, in our sole discretion, that doing so is necessary:
• to comply with applicable law or a court order, or other legal process;
• to investigate, prevent, or take action regarding illegal activities, suspected fraud,
breaches of our business terms, or situations involving threats to our property or the
property of physical safety of any person or third party;
• to establish, protect, or exercise our legal rights or to defend against legal claims; or
• to facilitate the financing, securitisation, insuring, sale, assignment, liquidation, or other
disposal of all or part of our business or assets.
We require our employees to protect all information we may collect about you. Only employees with specific authorisation have access to databases containing personal information. We use commercially reasonable physical, electronic, and procedural safeguards to protect your personal information against loss or unauthorised access, use, modification, or deletion. However, no security program is fool proof and we cannot guarantee the absolute security of your personal or other information.
9E. REVIEWING AND UPDATING YOUR INFORMATION
If you want to learn more about the personal information that we hold about you, or you would like to update or change that information, please contact us by email at email@example.com
9F. INFORMATION FOR WEBSITE USERS FROM OUTSIDE THE UNITED KINGDOM
The personal and non-personal information that we collect through or in connection with our website is transferred and processed in the United Kingdom. We may subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United Kingdom or in other countries. The data protection laws in these countries may be different from, and less stringent than, those in your country of residence. By using our website or providing any personal or non-personal information to us, you expressly consent to such transfer and processing.
10. Third Party Advertising, Sites and Links
The Website may contain links to third party Websites which are controlled and operated by parties other than Positive Flow Creates Ltd. The links will let you leave the Website and Positive Flow Creates Ltd is not responsible for any content of any linked site or any link contained in a linked site. The inclusion of any link on the Website does not imply endorsement by Positive Flow Creates Ltd of the linked site. If you decide to access linked third party websites, you do so at your own risk.
The Website contains advertising submitted by third parties. Such third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations. We do not accept any responsibility for the content of any third party advertising.
You may link to our Website home page, provided that you do so in a way that is fair and legal and does not (in our opinion) damage our reputation or take advantage of it, but you must not establish a link in such a way so as to suggest any form of association, approval or endorsement on our part where none explicitly exists. You must not establish a link from any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than our home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all aspects with the content standards set out in our Acceptable Use Policy (clause 9E). If you wish to make any use of the Material other than set out above, please address your request to Positive Flow Creates Ltd.
11. Disclaimer and Limitation of Liability
Positive Flow Creates Ltd does not limit its liability for (i) death or personal injury to the extent only that it arises as a result of the negligence of Positive Flow Creates Ltd, its employees, or Positive Flow Creates Ltd contractors (ii) fraudulant misrepresentation and (iii) any other liability that we are not permitted to limit or exclude under applicable law. The remainder of this section shall not apply to such liability.
You acknowledge that Positive Flow Creates Ltd, its directors, contractors, agents and employees shall not be liable to you in contract, tort, or otherwise for: any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings); any loss of goodwill or reputation; any loss of data; or any special, indirect or consequential loss that may result to you or a third party arising from your use of the Website (unless expressly set out otherwise in these User Terms). You further acknowledge that Positive Flow Creates Ltd gives no warranties of any kind in relation to the Website or the Material, and the Website is made available to you on an ‘as is’ basis. These User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
Positive Flow Creates Ltd does not accept any liability for links on the Website to third party sites. If you decide to access linked third party sites you do so at your own risk. To the extent that Positive Flow Creates Ltd is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to the Website, Positive Flow Creates Ltd’s entire liability shall be limited to £1,000 for any one incident or series of related incidents and up to £2,000 for all incidents in any period of 12 months.
12. Variation to the User Terms
Positive Flow Creates Ltd reserves the right to vary the User Terms from time to time. Please check the User Terms regularly as your continued use of the Website following Positive Flow Creates Ltd’s posting of the amended User Terms will be regarded by Positive Flow Creates Ltd as your acceptance of such amended User Terms. You should regularly review these User Terms to keep up to date with any changes.
You may send a legal notice to Positive Flow Creates Ltd, or any questions you may have concerning these User Terms by email to firstname.lastname@example.org. Such notices will be effective three (3) days after sending. Positive Flow Creates Ltd may send you notice by general notice on the Website, by email to your email address on record with Positive Flow Creates Ltd, or by post to the geographical address on record with Positive Flow Creates Ltd. Such notice will be effective if sent by email or posted on the Website, one (1) day from the date it was sent or posted on the Website. If sent by regular post, it will be effective three (3) days after posting by Positive Flow Creates Ltd.
For the purposes of these User Terms together with any other specific terms published on the Website, Positive Flow Creates Ltd shall mean Positive Flow Creates Ltd Limited and/or any Positive Flow Creates Ltd group company (meaning an Positive Flow Creates Ltd subsidiary or holding company, or a subsidiary of that holding company all as defined by section 1159 of the Companies Act 2006 (“ Positive Flow Creates Ltd Group Company”).
These User Terms form the entire agreement between you and Positive Flow Creates Ltd and supersede any other oral or written communications, agreements or representations with respect to your use of the Website.
Nothing in these User Terms affects your statutory rights as a consumer.
If any part of these User Terms is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected. You acknowledge that Positive Flow Creates Ltd has entered into these User Terms for its own benefit and for the benefit of each Positive Flow Creates Ltd Group Company and these User Terms are intended to be enforceable by each Positive Flow Creates Ltd Group Company by virtue of the Contracts (Rights of Third Parties) Act 1999.
Other than an Positive Flow Creates Ltd Group Company, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Nothing in these User Terms shall be construed as creating a partnership, joint venture or agency relationship between you and Positive Flow Creates Ltd. If Positive Flow Creates Ltd or any contractor of Positive Flow Creates Ltd is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of Positive Flow Creates Ltd or the Positive Flow Creates Ltd contractor, neither Positive Flow Creates Ltd nor any Positive Flow Creates Ltd contractor will have any liability for that failure to perform.
No waiver by Positive Flow Creates Ltd of a breach of any provision of these User Terms shall be considered to be a waiver of any prior or subsequent breach of the same or any other provisions and no waiver shall be implied by Positive Flow Creates Ltd taking or failing to take any other action.
Your use of the Internet is solely at your risk and subject to all applicable laws, and Positive Flow Creates Ltd has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
Unless otherwise specified on the Website, the Material available on the Website is directed solely at those who access the Website from the United Kingdom. Positive Flow Creates Ltd makes no representation that any Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access the Website from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
These User Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales in relation to all matters arising out of or in connection with these User Terms (including non-contractual disputes or claims), although we reserve the right to bring proceedings against you for breach of these User Terms in your country of residence or any other relevant country.
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