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Terms of use

INFORMATION ABOUT US

www.ellisjamesdesigns.com is a site operated by Ellis James Designs a trading name of IHR Innovation Group Ltd, a company registered in England and Wales under company number 10705771, which has its registered office at 7 Hever Close, Northampton, NN5 4WN (Ellis James Designs).

TERMS OF WEBSITE USE

These terms of use (together with the documents referred to) (Terms) tell you the terms of use on which you may make use of Ellis James Designs’s website www.ellisjamesdesigns.com (Website) and support centre www.ellisjamesdesigns.london (Website)
Please read the Terms carefully before you start to use the Website. Anyone who visits the website is constituted a user.
However you use the Website, Ellis James Designs recommends that you print a copy of the Terms for future reference.
By using the Website, you confirm that you accept the Terms and that you agree to comply with them. If you do not agree to the Terms, you must not use the Website.

 

OTHER APPLICABLE TERMS

The Terms refer to the following additional terms, which also apply to your use of the Website:

  • Ellis James Designs’ Privacy Policy and Cookie Policy, which sets out the terms on which Ellis James Designs processes any personal data it collects from you, or that you provide to it, and also sets out information about cookies on the Website. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate; and
  • Ellis James Designs’ Copyright Policy, which sets out information about Ellis James Designs’s approach to the maintenance and protection of copyright in the Website.

CHANGES TO THE TERMS

Ellis James Designs may revise the Terms at any time by amending this page.
Please check this page from time to time to take notice of any changes Ellis James Designs has made, as they are binding on you.

CHANGES TO THE WEBSITE

Ellis James Designs may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time and Ellis James Designs is under no obligation to update it.
Ellis James Designs does not guarantee that the Website, or any content on it, will be free from errors or omissions.

ACCESSING THE WEBSITE

The Website is made available free of charge. Ellis James Designs does not guarantee that the Website, or any content on it, will always be available or be uninterrupted.
Access to the Website is always permitted on a temporary basis, for all Users. Ellis James Designs may suspend, withdraw, discontinue or change all or any part of the Website without notice. Ellis James Designs will not be liable to you if for any reason the Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Website.
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms and other applicable terms and conditions, and that they comply with them.
The Website is directed to people residing Globally. Ellis James Designs may limit the availability of the Website to any person or geographic area at any time.

ADVERTISING

Ellis James Designs’ advertising does not constitute an offer to sell a service to you. It is an invitation to you to place an order. Your order is therefore your offer to buy a service from Ellis James Designs and it may accept or refuse your order in its absolute discretion and without giving any reason.
Even if you receive an acknowledgement or confirmation of order from Ellis James Designs with other details, such as an order reference number, this will not constitute an acceptance of your offer.

YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a username, password or any other piece of information as part of Ellis James Designs’ security procedures, you must treat such information as confidential. You must not disclose it to any third party.

Ellis James Designs has the right to disable any username or password, whether chosen by you or allocated by Ellis James Designs, at any time, if in Ellis James Designs’ reasonable opinion you have failed to comply with any of the provisions of the Terms.

If you know or suspect that anyone other than you knows your username or password, you must promptly notify Ellis James Designs at hello@ellisjamesdesigns.com.

FORCE MAJEURE

For the purposes of the Terms, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of Ellis James Designs or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

Ellis James Designs shall not be liable to the customer as a result of any delay or failure to perform its obligations under the Terms as a result of a Force Majeure Event.

 

INTELLECTUAL PROPERTY RIGHTS

Ellis James Designs is the owner, or the licensee, of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Ellis James Designs’ status (and that of any identified Members or Contributors) as the authors of content on the Website must always be acknowledged.

You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from Ellis James Designs or its licensors.

If you print off, copy or download any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at Ellis James Designs’ option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

Although Ellis James Designs makes reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.

LIMITATION OF LIABILITY

Nothing in the Terms excludes or limits Ellis James Designs’ liability for death or personal injury arising from its negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, Ellis James Designs excludes all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

Ellis James Designs will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Website; or
  • use of, or reliance on, any content displayed on the Website.

If you are a business user, please note that in particular, Ellis James Designs will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that Ellis James Designs only provides the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and Ellis James Designs has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Ellis James Designs will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

Ellis James Designs assumes no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by Ellis James Designs of those linked websites. Ellis James Designs will not be liable for any loss or damage that may arise from your use of them.

 

VIRUSES

Ellis James Designs does not guarantee that the Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Ellis James Designs will report any such breach to the relevant law enforcement authorities and it will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

LINKING TO THE WEBSITE

You may link to the Website’s home page, provided you do so in a way that is fair and legal and does not damage Ellis James Designs’ reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Ellis James Designs’s part where none exists.

You must not establish a link to the Website in any website that is not owned by you.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.

Ellis James Designs reserves the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out below.

If you wish to make any use of content on the Website other than as set out above, please contact hello@ellisjamesdesigns.com

THIRD PARTY LINKS AND RESOURCES IN THE WEBSITE

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

Ellis James Designs has no control over the content of those sites or resources.

APPLICABLE LAW

If you are a consumer, please note that the Terms, their subject matter and their formation, are governed by English law. You and Ellis James Designs both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. You and Ellis James Designs both agree to the exclusive jurisdiction of the courts of England and Wales.

TRADE MARKS

Ellis James Designs is a UK registered trademark of IHR Innovation Group Ltd.

PROHIBITED USES

You may use the Website only for lawful purposes. You may not use the Website:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of the Terms; or
  • not to access without authority, interfere with, damage or disrupt:
    • any part of the Website;
    • any equipment or network on which the Website is stored;
    • any software used in the provision of the Website; or
    • any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

Ellis James Designs may from time to time provide interactive services on the Website, including, without limitation:

  • chat rooms;
  • comments sections on WordPress, Disqus; or
  • bulletin boards.

(together the Interactive Services).

Where Ellis James Designs provides any Interactive Service, it will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

Ellis James Designs take reasonable steps to assess any possible risks for Users (and in particular, for children) from third parties when they use any Interactive Service provided on the Website, and it will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.

However, Ellis James Designs is under no obligation to oversee, monitor or moderate any Interactive Service it provides on the Website, and Ellis James Designs expressly excludes its liability for any loss or damage arising from the use of any Interactive Service by a User in contravention of its content standards, whether the service is moderated or not.

The use of any of Ellis James Designs’s Interactive Services by a minor is subject to the consent of their parent or guardian. Ellis James Designs advises parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any Interactive Service should be made aware of the potential risks to them.
Where Ellis James Designs moderates an Interactive Service, it will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to the Website (Contributions), and to any Interactive Services associated with it. For the avoidance of doubt, Contributions include the accurate representation of yourself through your User profile.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.
Contributions must:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions); and
  • comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from Ellis James Designs, if this is not the case; or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Users of the Website may report any other User to Ellis James Designs if they suspect they have breached any of the above standards. Ellis James Designs reserves the right to suspend a User’s profile and restrict access to the Website in the event of a report.

SUSPENSION AND TERMINATION

Ellis James Designs will determine, in its discretion, whether there has been a breach of the Terms through your use of the Website. When a breach of the Terms has occurred, Ellis James Designs may take such action as it deems appropriate.

Failure to comply with the Terms constitutes a material breach and may result in Ellis James Designs taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use the Website;
  • immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
  • issuing of a warning to you;
  • issuing legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • issuing further legal action against you; or
  • disclosing such information to law enforcement authorities as Ellis James Designs reasonably feels is necessary.

Ellis James Designs excludes liability for actions taken in response to breaches of the Terms. The responses described in this policy are not limited and Ellis James Designs may take any other action it reasonably deems appropriate.

UPLOADING CONTENT TO THE WEBSITE

Whenever you upload content to the Website, or make contact with other Users, you must comply with the content standards set out in the provisions above.

You warrant that any Contributions comply with those standards and you will be liable to Ellis James Designs and indemnify Ellis James Designs for any breach of that warranty.

If you are a consumer user, this means you will be responsible for any loss or damage Ellis James Designs suffers as a result of your breach of warranty.

Any content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content but you are required to grant Ellis James Designs a limited licence to use, store and copy that content and to distribute and make it available to third parties.

Ellis James Designs also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

Ellis James Designs will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website.

Ellis James Designs has the right to remove any posting you make on the Website if, in its opinion, your post does not comply with the content standards set out above.

The views expressed by Members or Contributors on the Website do not represent Ellis James Designs’ views or values.
You are solely responsible for securing and backing up your content.

GENERAL

Assignment and other dealings.

  • Ellis James Designs may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights and may subcontract or delegate in any manner any or all of its obligations to any third party or agent.
  • The Member shall not, without the prior written consent of Ellis James Designs, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations.

Severance. If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms.

Waiver. A waiver of any right under the Terms or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

No partnership or agency. Nothing in the Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

CONTACT

To contact Ellis James Designs, please email hello@ellisjamesdesigns.com

Thank you for visiting the Website.


 

COPYRIGHT POLICY STATEMENT

The board of Ellis James Designs a trading name of IHR Innovation Group Ltd (Ellis James Designs) recognises that copyright is a valuable part of its intellectual property portfolio.

To ensure that Ellis James Designs is able to prove the subsistence of copyright in all original work generated by its staff (see paragraph 2 below) and consultants and is at all times able to maintain, protect and exploit its copyright, Ellis James Designs expects all members of, and visitors to, the website www.ellisjamesdesigns.com (Website) and www.ellisjamesdesigns.london (Website) to comply with this policy.

This policy may be amended at any time.

Any breach of this policy will be taken seriously and may result in disciplinary action.

WHO IS COVERED BY THE POLICY?

This policy covers all individuals working for Ellis James Designs at all levels and grades, including senior managers, officers, directors, employees, consultants, contractors, trainees, homeworkers, part-time and fixed-term employees, casual and agency staff (collectively referred to as staff in this policy), as well as all members of, and visitors to, the Website.

WHAT IS COVERED BY THE POLICY?

This policy covers all original work generated and commissioned by Ellis James Designs, and its staff, and any members of the Website.

 

ESTABLISHING COPYRIGHT PROTECTION

At the time of creation the author or creator shall mark all original work, whether draft, interim or final versions, with the following wording:
“This original work was created by [NAME][POSITION OR STATUS], on [DATE].”

Where possible, each item of original work should be signed by the author or creator.

An archive shall be established for the safe storage and easy retrieval of copyright records. The recordal system and archive shall be maintained by Ellis James Designs.

The following documents will be filed in the archive by Ellis James Designs:

  • notes setting out the key stages in the development process together with the names of the staff or members involved in the relevant stages;
  • all interim and draft designs, workings or prototypes that demonstrate the evolution of the work;
  • e-mails, letters, records of meetings, attendance notes and other internal or external documents relating to the development of the work;
  • the date of completion of each item;
  • in the case of published work, the date of first publication or marketing; and
  • the name and position or status of the author or creator.

USE OF COPYRIGHT NOTICE

In the case of original work that is to be published and/or distributed to third parties a copyright notice should be used in the following form:
“Copyright © [name of copyright owner] [year of first publication].”

If a work is amended or updated, both the original date and date of the amendment or update should be referenced in the copyright notice.

USE OF ADDITIONAL COPYRIGHT WARNING

Each member, contributor or guest content provider (Guest Bloggers) of the Website should consider whether a copyright warning should be added to some or all of the materials/works.

THIRD-PARTY COPYRIGHT

Ellis James Designs and each member of, and visitor to, the Website will respect third-party copyright when carrying out its, or their, duties.

Ellis James Designs and each member of, and visitor to, the Website will consider whether third-party copyright applies to any material, whether in hard copy or electronic form, used by it, or them, and will not use any materials unless certain that the use would not constitute infringement of any third-party right.

NOTIFYING COPYRIGHT INFRINGEMENT

If a member of, or visitor to, the Website suspects or becomes aware of infringement of any copyright (or any other intellectual property right) by Ellis James Designs, any other member of, or visitor to, the Website, or any third party, he should immediately notify Ellis James Designs with full details of the nature of the infringement.

Ellis James Designs will keep full records of suspected or actual instances of infringement.

HANDLING REQUESTS TO USE OR REPRODUCE COMPANY’S WORKS

Ellis James Designs shall keep full records of requests, and any consequent assignments, licences or other forms of consent, to use or reproduce any of Ellis James Designs’s materials.

MONITORING AND REVIEWING THIS POLICY

Ellis James Designs shall be responsible for reviewing this policy yearly to ensure that it continues to meet legal requirements and reflect best practice.

Members of, and visitors to, the Website are invited to comment on this policy and suggest ways in which it might be improved by contacting Ellis James Designs.

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