Wedding and Event Terms & Conditions
Lizzie May Ltd
Event Terms and Conditions for Clients
These are the Events Terms and Conditions of Lizzie May Limited, a company registered in England and Wales, whose registered office is:
Lizzie May Ltd
The Grey House
36b Marsh Lane
Hemingford Grey
Cambs
PE28 9EN
United Kingdom
Company Number: 14573194
1 Application of these Terms and Conditions
1.1 These Terms and Conditions apply to and form part of the Contract between Lizzie May Ltd and the Client. They supersede any previously issued terms and conditions of purchase.
1.2 No terms or conditions endorsed on, delivered with, or contained in the Client’s purchase conditions or other document shall form part of the Contract except to the extent that Lizzie May Ltd agrees in writing.
1.3 No variation of these Terms and Conditions or to a Booking or to the Contract shall be binding unless expressly agreed in writing and executed by a duly authorised signatory on behalf of Lizzie May Ltd.
- 4 Lizzie May Ltd may accept or reject a Booking at its discretion. Confirmation and acceptance or rejection of the Booking will be sent to the Client by email.
1.5 A Booking shall not be accepted, and no binding obligation to supply any Event pursuant to a Booking shall arise, until Lizzie May Ltd written acceptance of the Booking has been communicated to the Client in accordance with 1.4.
1.6 Marketing and other promotional material relating to any Bookings are illustrative only and do not form part of the Contract unless expressly incorporated.
2 Price
2.1 The price for the Booking shall be as set out in the Booking or, in default of such provision, shall be calculated in accordance with Lizzie May Ltd scale of charges as advised by Lizzie May Ltd to the Client before the date the Booking is made (Price).
2.2 The Prices are exclusive of VAT (or equivalent sales tax). The Client shall pay any applicable VAT to Lizzie May Ltd on receipt of a valid VAT invoice.
2.3 Lizzie May Ltd may increase the Prices at any time by giving the Client notice in writing. If prices of items need to be bought change.
2.4 The Price shall include all and any costs and expenses including set up costs, travel (including international travel), accommodation costs and those costs specified or estimated in a Booking.
3 Lizzie May Ltd’s Responsibilities
3.1 Lizzie May Ltd agrees to use its reasonable endeavours to deliver the Event in conformity with the Booking and these terms and conditions.
3.2 Lizzie May Ltd will also comply with any additional customer requirements which is set out in the Schedule, if any.
4 International
4.1 Lizzie May Ltd will agree to put on Events outside the United Kingdom by special agreement. Where Events are held outside the United Kingdom the Client is responsible for the costs associated with bringing personnel and equipment into the Client’s country. Lizzie May Ltd will itemise those costs which will be added to the Price.
4.2 Lizzie May Ltd will use reasonable endeavours to comply with visa and customs requirements but shall not be held liable for any delay or cancellation of any Event caused by visa or customs difficulties beyond Lizzie May Ltd.’s reasonable control.
4.3 The Client shall be liable for:
4.3.1 Equipment and materials transportation costs;
4.3.2 Travel costs of staff and Artists including plane flights, transfer costs and taxi fares;
4.3.3 Accommodation costs; and
4.3.4 Food and drink.
5 Artist Availability
5.1 Lizzie May Ltd will use reasonable endeavours to ensure the availability of any Artist identified on the Booking.
5.2 Lizzie May Ltd will not be liable to the Client for any delay to or the failure in whole or part of an Event due to the non-availability of the Artist where the non-availability is beyond the reasonable control of Lizzie May Ltd.
6 Payment
6.1 For Bookings made within 30 Business Days of the Event, full payment must be made at the time of the Booking.
6.2 Apart from Bookings made under the terms of clause 6.1, Lizzie Mat Ltd shall invoice the Client upon acceptance by Lizzie May Ltd of the Booking for any deposit equal to 50% of the Price or £500 whichever is the greatest.
6.3 The Client shall pay all invoices in full without deduction or set-off, in cleared funds within 7 days of the date of each invoice. Final payment must be made 4 weeks before the event date.
6.4 Lizzie May Ltd may cancel without notice any Bookings not paid for in full before the start of the Event to which it relates.
6.5 The Deposit is non-refundable. Lizzie May Ltd may in its sole discretion refund some or all of the Deposit if the Client seeks to cancel the Booking after it has been accepted by Lizzie May Ltd.
6.6 The Client accepts that in putting on Events for Clients Lizzie May Ltd will have to expend money on materials and services, in paying deposits to artists and in creating branded or bespoke items (each of them being a “Non-refundable Item”) and that expenditure on such items cannot be refunded in any circumstances including in the event of cancellation by the Client or by Lizzie May Ltd or in the event of Force Majeure.
6.7 Where sums due under these Terms and Conditions are not paid in full by the due date Lizzie May Ltd may, without limiting its other rights, charge interest on such sums (including any period after the date of any judgment or decree against the Client), and late payment fees will fall due and be payable calculated upon the basis set out in the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).
7 Bookings
7.1 The Booking shall specify where the Event will take place.
8 Cancellation
8.1 In the event that the Client wishes to cancel the whole or part of a Booking the terms of clause 8.2 shall apply.
8.2 In relation to any Booking cancelled or part cancelled under clause 8.1, the Client shall pay:
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Where written notice of cancellation is received by Lizzie May Ltd 30 days or more before the date of the Event. |
An administration fee of 25% of the Price plus any payments made to Lizzie May Ltd to cover Non-refundable Items. |
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Where written notice of cancellation is received by LIZZIE MAY LTD less than 30 days before the date of the Event. |
100% of the Price. |
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8.3 Where the Client has paid a deposit the amount due from the Client under clause 8.2 shall be taken from the Deposit and the Client shall be liable to pay the difference between the Deposit and the amount required under clause 8.2. Lizzie May Ltd shall have sole discretion in identifying and quantifying Non-refundable Items.
9 Force Majeure
9.1 In the event that the Event is prevented or altered due to Force Majeure Lizzie May Ltd shall be entitled but not obliged (in its sole discretion) to either:
9.1.1 provide alternative facilities or venue for the Event; and/or
9.1.2 reschedule the Event; and
the Client shall not be entitled to object to such rearranged or rescheduled Event or have any right to claim any compensation.
9.2 In the event that the Event is prevented or altered due to Force Majeure and Lizzie May Ltd at its sole discretion does not offer the alternatives in clause 9.1, the Client shall be obliged to pay an amount as an administration charge equivalent to 25% per cent of the Price plus the actual cost incurred by Lizzie May Ltd on any Non-refundable Item.
9.3 Lizzie May Ltd shall not be liable for any delay in or failure of performance caused by Force Majeure. Lizzie May Ltd shall have the sole discretion in identifying and quantifying Non-refundable Items.
9.4 The Coronavirus (COVID-19) pandemic, client contracts, cancellation and refunds Only
Clients will be offered a refund less 25% of the total costs where:
- Lizzie May Ltd has cancelled a contract without providing any of the promised goods or services;
- No service is provided by Lizzie May Ltd for example because this is prevented by Government public health measures;
- The client cancels, or is prevented from receiving any services, because Government public health measures mean they are not allowed to use the services.
Limited exceptions to refunds
Sometimes, a client will already have received some of the services or is contracted for a bespoke build/service they would had paid for in advance. In those cases a refund would not apply.
Credits and re-booking
Clients can normally be offered credits, vouchers, re-booking or re-scheduling as an alternative to a refund.
10 Intellectual Property Rights and Image Rights
10.1 All IPR in the Creative Brief and in the Event belongs to and shall remain vested in Lizzie May Ltd or the relevant third party owner. Where third party IPR is part of the Creative Brief and the Event, Lizzie May Ltd will ensure that it has the right to use and licence such third party content for the benefit of the Client at the Event.
10.2 Save with the express written consent of Lizzie May Ltd the Client may not copy, transfer or otherwise make use of the IPR in the Creative Brief or in the Event and the Client may not make the IPR in the Creative Brief or in the Event available to any third party or make any commercial use of the IPR in the Creative Brief or in the Event beyond the Event itself.
10.3 The Client shall own all Client Created IPR.
10.4 The Client and each Attendee consents to such capture of audio-visual material containing the Client or any Attendee and agrees to release use of image rights to Lizzie May Ltd to publicise the Event of as publicity material for the use of Lizzie May Ltd after the Event.
11 Anti-bribery
11.1 For the purposes of this clause 11 the expressions ‘adequate procedures’ and ‘associated with’ shall be construed in accordance with the Bribery Act 2010 and legislation or guidance published under it.
11.2 Each party shall comply with applicable Bribery Laws including ensuring that it has in place adequate procedures to prevent bribery and use all reasonable endeavours to ensure that:
11.2.1 all of that party’s personnel; and
11.2.2 all others associated with that party;
involved in performing the Contract so comply.
11.3 Neither party shall make or receive any bribe (as defined in the Bribery Act 2010) or other improper payment, or allow any such to be made or received on its behalf, either in the United Kingdom or elsewhere, and shall implement and maintain adequate procedures to ensure that such bribes or payments are not made or received directly or indirectly on its behalf.
11.4 Each party shall immediately notify the other as soon as it becomes aware of a breach or possible breach of any of the requirements in this clause 11.
12 Liability
12.1 The extent of the parties’ liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 12.
12.2 Subject to clause 12.6, Lizzie May Ltd’s total liability shall not exceed 150% of the total amount paid pursuant to the Booking.
12.3 Subject to clause 12.6, Lizzie May Ltd shall not be liable for consequential, indirect or special losses.
12.4 Subject to 12.6 Lizzie May Ltd shall not be liable for distress or upset or disappointment or hurt to feelings.
12.5 Subject to clause 12.6, Lizzie May Ltd shall not be liable for any of the following: loss of profit, loss or corruption of data, loss of use, loss of production, loss of contract, loss of opportunity, loss of savings, discount or rebate (whether actual or anticipated) and harm to reputation or goodwill.
12.6 Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:
12.6.1 death or personal injury caused by negligence;
12.6.2 fraud or fraudulent misrepresentation;
12.6.3 any other losses which cannot be excluded or limited by applicable law;
12.6.4 any losses caused by wilful misconduct.
13 Personal Data
13.1 Each party shall comply with its respective obligations and may exercise its respective rights in accordance with Data Protection Laws.
13.2 Subject access requests can be made to the following address: lizziemayboiutiqueevents@gmail.com
14 Termination
14.1 Lizzie May Ltd may terminate the Contract or any other contract which it has with the Client at any time by giving notice in writing to the Client if the Client has failed to pay any amount due under the Contract on the due date.
14.2 Termination or expiry of the Contract shall not affect any accrued rights and liabilities of Lizzie May Ltd at any time up to the date of termination.
15 Notices
15.1 Any notice or other communication given by a party under these Terms and Conditions shall be in writing and in English, signed by, or on behalf of, the party giving it and be sent to the relevant party at the address set out in the Contract.
15.2 Notices may be given, and are deemed received:
15.2.1 by hand: on receipt of a signature at the time of delivery; or
15.2.2 by Royal Mail Recorded Signed For post: at 9.00 am on the second Business.
15.3 This clause does not apply to notices given in legal proceedings or arbitration.
16 Entire agreement
16.1 The parties agree that the Contract and any documents entered into pursuant to it constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
16.2 Each party acknowledges that it has not entered into the Contract in reliance on and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract or any documents entered into pursuant to it. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.
16.3 Nothing in these Terms and Conditions purport to limit or exclude any liability for fraud.
17 Assignment
17.1 The Client may not assign, subcontract or encumber any right or obligation under the Contract, in whole or in part, without Lizzie May Ltd s prior written consent, which it may withhold or delay at its absolute discretion.
18 Third party rights
18.1 A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.
19 Governing law
The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
20 Jurisdiction
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).
21 Definitions
21.1 In these Terms and Conditions the following definitions apply:
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Artist |
means a performance artist or celebrity or speaker or any individual or group of individuals important or crucial to an Event; |
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Attendee |
means an invitee or individual connected to the Client attending an Event; |
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Booking |
means the order for the Event placed by the Client which may include some or all of the following: the Creative Brief, budget plan, event details, contractor requirements and Event price quotation; |
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Bribery Laws |
means the Bribery Act 2010 and associated guidance published by the Secretary of State for Justice under the Bribery Act 2010 and all other applicable UK legislation or equivalent legislation in any other relevant jurisdiction; |
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Business Day |
means a day other than a Saturday, Sunday or bank or public holiday in England; |
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Contract |
means the agreement between LIZZIE MAY LTD and the Client for the supply and purchase of the Event incorporating these Conditions and the Booking; |
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Client or You |
means the person who makes the Booking from LIZZIE MAY LTD and whose details are set out in the Booking; |
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Client Created IPR |
means any IPR created by the Client solely for the Event or previously owned by the Client; |
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Creative Brief |
the conception or plan or synopsis for the Event created by LIZZIE MAY LTD; |
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Data Protection Laws |
means General Data Protection Regulation (GDPR) and Data Protection Act 2018; |
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Deposit |
means an advance payment made by the Client to LIZZIE MAY LTD being either a specified amount or a specified percentage of the Price; |
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Event |
means any event, exhibit or conference organised or managed by LIZZIE MAY LTD under these Terms as specified in the Booking; |
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Force Majeure |
means an event or sequence of events beyond a party’s reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of the Contract, strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving LIZZIE MAY LTD’s or its suppliers’ workforce, but excluding the Client’s inability to pay or circumstances resulting in the Client’s inability to pay; |
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Intellectual Property Rights (IPR) |
means copyright, including moral rights and performers rights, rights in inventions, rights in confidential information knowhow and trade secrets, service marks, trade marks and design rights, database rights, domain names, business names, patents and computer software; |
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LIZZIE MAY LTD, We or Us |
means Julia Charles Event Management Limited; |
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Non-refundable Item |
means materials and services paid for by LIZZIE MAY LTD prior to an Event the creation or purchase of branded or bespoke items for Clients and the payment of deposits of any sort which are not refundable to LIZZIE MAY LTD; |
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Price |
has the meaning set out in clause 2.1; |
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Schedule |
means the Schedule to this agreement containing agreed Client compliance. |
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VAT |
means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax. |
OVERVIEW
This website is
operated by Lizzie May Boutique Events Ltd. Throughout the site, the terms
“we”, “us” and “our” refer to Lizzie May. Lizzie May offers this website,
including all information, tools and services available from this site to you,
the user, conditioned upon your acceptance of all terms, conditions, policies
and notices stated here.
By visiting our site
and/ or purchasing something from us, you engage in our “Service” and agree to
be bound by the following terms and conditions (“Terms of Service”, “Terms”),
including those additional terms and conditions and policies referenced herein
and/or available by hyperlink. These Terms of Service apply to all users of the
site, including without limitation users who are browsers, vendors, customers,
merchants, and/ or contributors of content.
Please read these
Terms of Service carefully before accessing or using our website. By accessing
or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, then you
may not access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or
tools which are added to the current store shall also be subject to the Terms
of Service. You can review the most current version of the Terms of Service at
any time on this page. We reserve the right to update, change or replace any part
of these Terms of Service by posting updates and/or changes to our website. It
is your responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
Our store is hosted
on Shopify Inc. They provide us with the online e-commerce platform that allows
us to sell our products and services to you.
SECTION 1 - ONLINE
STORE TERMS
By agreeing to these
Terms of Service, you represent that you are at least the age of majority in
your state or province of residence, or that you are the age of majority in
your state or province of residence and you have given us your consent to allow
any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2 - GENERAL
CONDITIONS
We reserve the right
to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may
be transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during
transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or any
contact on the website through which the service is provided, without express
written permission by us.
The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms.
SECTION 3 -
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not
responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general
information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete or
more timely sources of information. Any reliance on the material on this site
is at your own risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 -
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our
products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any
part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS
OR SERVICES (if applicable)
Certain products or
services may be available exclusively online through the website. These
products or services may have limited quantities and are subject to return or
exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that your
computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products
or Services to any person, geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at anytime without notice, at
the sole discretion of us. We reserve the right to discontinue any product at
any time. Any offer for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
SECTION 6 - ACCURACY
OF BILLING AND ACCOUNT INFORMATION
We reserve the right
to refuse any order you place with us. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household or per order. These
restrictions may include orders placed by or under the same customer account,
the same credit card, and/or orders that use the same billing and/or shipping
address. In the event that we make a change to or cancel an order, we may
attempt to notify you by contacting the e‑mail and/or billing address/phone
number provided at the time the order was made. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide
current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact you as
needed.
For more detail,
please review our Returns Policy.
SECTION 7 - OPTIONAL
TOOLS
We may provide you
with access to third-party tools over which we neither monitor nor have any
control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your
own risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY
LINKS
Certain content,
products and services available via our Service may include materials from
third-parties.
Third-party links on this site may direct you to third-party websites that are
not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand them before
you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
SECTION 9 - USER
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request,
you send certain specific submissions (for example contest entries) or without
a request from us you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in
any medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation
for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of
the Service or any related website. You may not use a false e‑mail address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.
SECTION 10 -
PERSONAL INFORMATION
Your submission of
personal information through the store is governed by our Privacy Policy. To
view our Privacy Policy.
SECTION 11 - ERRORS,
INACCURACIES AND OMISSIONS
Occasionally there
may be information on our site or in the Service that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information in the Service
or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.
SECTION 12 -
PROHIBITED USES
In addition to other
prohibitions as set forth in the Terms of Service, you are prohibited from
using the site or its content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or
the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.
SECTION 13 -
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee,
represent or warrant that your use of our service will be uninterrupted,
timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at
your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided 'as is' and
'as available' for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness for
a particular purpose, durability, title, and non-infringement.
In no case shall Lizzie May Boutique Events Ltd, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers, service
providers or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based in contract,
tort (including negligence), strict liability or otherwise, arising from your
use of any of the service or any products procured using the service, or for
any other claim related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content, or any
loss or damage of any kind incurred as a result of the use of the service or
any content (or product) posted, transmitted, or otherwise made available via
the service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for consequential
or incidental damages, in such states or jurisdictions, our liability shall be
limited to the maximum extent permitted by law.
SECTION 14 -
INDEMNIFICATION
You agree to
indemnify, defend and hold harmless Lizzie May Boutique Events Ltd and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made
by any third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your violation of
any law or the rights of a third-party.
SECTION 15 -
SEVERABILITY
In the event that
any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.
SECTION 16 -
TERMINATION
The obligations and
liabilities of the parties incurred prior to the termination date shall survive
the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you
or us. You may terminate these Terms of Service at any time by notifying us
that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly may
deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE
AGREEMENT
The failure of us to
exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this
site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 18 -
GOVERNING LAW
These Terms of
Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of 8 Garner Avenue,
Timperley, WA15 6AG, United Kingdom.
SECTION 19 - CHANGES
TO TERMS OF SERVICE
You can review the
most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the posting
of any changes to these Terms of Service constitutes acceptance of those
changes.
SECTION 20 - CONTACT
INFORMATION
Questions about the Terms of Service should be sent to us at
lizziemayboutiqueevents@gmail.com