Terms and Conditions
Back to Home Page : Back to Organic Gems
Welcome to the
www.maggiecp.com website (the ãSiteä).Ê
Maggie
Campbell Pedersen (ãMCPä) provides the products and services available on the Site.
Your use of the Site is governed by the ÎTerms and Conditionsâ set out below
(the ãTermsä). By using any part of this Site and/or by completing your
customer registration in order to subscribe to and access the online reference source and periodical
ÎOrganic Gemsâ (the ãPeriodicalä), which is available on the Site, you agree to
be bound by the Terms which form a contract between you and MCP.
General
terms
1.
About MCP and her business
The Site is operated by or on behalf of MCP in her capacity as a
sole trader. MCP is the primary editor/author of the Periodical. You can contact
MCP by email on info@maggiecp.com
and by postal mail at PO Box 57927, London W4 5PW, England.
MCP will endeavour to ensure that the availability of
the Site will be uninterrupted and that transmissions using it will be
error-free.Ê However, due to the nature of the internet, this cannot be
guaranteed.Ê Also, your access to the Site or parts of it may occasionally be
suspended or restricted to allow for repairs, updates, maintenance or the introduction
of new facilities.
You may access some areas of the Site without registering your
details with MCP, but access to certain areas of the Site is restricted to
users who have registered their details with MCP and/or subscribed to the Periodical.Ê
Each registration is for a single user only. You are not permitted to share
your user name and password with any other person nor with multiple users on a
network. If you register with MCP you must treat your password as confidential
and you must not disclose it to any third party. Full details of the additional
terms applicable to you if you subscribe to the Periodical can be found at sections
12 to 18. Ê
4.
Use of the Site
4.1.
For the purposes of these Terms:
ãContentä includes, but is not limited to, all or part of any
text, graphics, layout, logos, images, audio material, films or other moving
images, product details and/or software published or otherwise available on the
Site from time to time (including, without limitation, anything made available
for download); and
ãTrade Marksä means the trade marks, logos and service marks
(whether or not registered) displayed on the Site.
4.3.
While accessing, browsing and/or using the Site
you must:
4.3.1.
comply with all applicable laws, regulations and
codes;
4.3.2.
not impersonate another person or use a false
name, address, telephone number or email address;
4.3.3.
not deep-link to and/or frame or use framing
techniques to enclose the Site or any part of the Site without our prior
written consent;
4.3.4.
not create any hypertext link to any part or
parts of the Site;
4.3.5.
not use any meta tags or any other ãhidden textä
utilising MCPâs name, any content or the Trade marks without MCPâs express
consent;
4.3.6.
not use any software robots, spiders, crawlers
or similar data gathering and extraction tools, or take any other action that
may impose an unreasonable burden or load on our infrastructure;
4.3.7.
not modify or attempt to modify all or any part
of the Content or the Site;
4.3.8.
not gain or attempt to gain unauthorised access
to the Site, the server on which the Site is stored or any server, computer or
database connected to the Site;
4.3.9.
not make any use of the Site, the products
depicted or made available by means of the Site or the Content other than for
personal, non-commercial use;
4.3.10.
not collect information for the benefit of a
third party;
4.3.11.
not post, transmit, submit, refer to, make
available or link to or from (or authorise or permit any other person to do the
same) any material which:
a)
is untrue, fraudulent, inaccurate or incomplete;
and/or
b)
is obscene, threatening, menacing, offensive,
defamatory, abusive, causes annoyance, inconvenience or needless anxiety, is in
breach of confidence, is in breach of any intellectual property right (including,
without limitation, copyright) or otherwise is in breach of or violates any
applicable law or regulation or code; and/or
c)
makes excessive demands for bandwidth; and/or
d)
constitutes advertising (unless approved or
otherwise authorised by MCP); and/or
e)
which contains any virus or other harmful code,
or which may otherwise impair or harm the Site or MCPâs computer systems or any
third party computer system,
and MCP shall have sole discretion as to whether any material is in
breach of this section.
4.4.
Except as set out in the limited licence in
section 4.2 above (or as required under any applicable law), the Content, Trade
Marks and/or any other part of the Site (including the Periodical) may not be
used, reproduced, duplicated, copied, sold, resold, accessed, modified, or
otherwise exploited, in full or in part, for any purpose without MCPâs prior
written consent. ÊIn particular, you are not permitted to republish any part of
the Site (including the Content) on another website, in any other medium (print,
electronic or otherwise) or as part of any service without MCPâs prior written
permission.Ê If you require any further information on permitted use, or a
licence to republish any part of the Site (or any Content), please email MCP at
info@maggiecp.com.
4.5.1.
terminate, suspend or deny your access to the Site
(whether in whole or in part); and/or
4.5.2.
terminate, suspend or deny your access to the Periodical
and other areas accessible on subscription and/or your password referred to in
section 4 above; and/or
4.5.3.
remove or edit any Content on the Site
(including any Periodical) at any time, and
in such circumstances all liability of MCP for any loss whatsoever
arising from her removing or editing Content (including any Periodical) and/or your
limited use of or inability to use and/or review the Site (either in whole or
in part), Periodical and/or password is excluded, insofar as it is possible to
do so in law.
4.6.
Without prejudice to any other remedy provided
by applicable law:
4.6.1.
any use by you of the Site which is unauthorised
or contrary to or in breach of these Terms terminates the limited licence set
forth in 4.2;
4.6.2.
you must not use the Site in any way that
causes, or is likely to cause, the Site or access to it to be interrupted,
damaged or impaired in any way; and
4.6.3.
you must not use the Site for fraudulent
purposes, or in connection with a criminal offence or other unlawful activity.
5.
Data Protection and Privacy
Full details of the way in which cookies are used on the Site and
how information from which it is possible to identify you or any third party is
held and processed are set out in the Privacy and Cookie Policy.
6.
Third party links
The Site may contain hypertext links to third party websites.Ê MCP
is not responsible for, nor endorses in any way such third party websites or
their content.Ê If you decide to access any of the third party websites linked
to the Site, you do so entirely at your own risk. You should carefully review
the terms and conditions of all third party websites that you visit.
7.
Advertising and Sponsorship
Parts of the Site may contain advertising and sponsorship.Ê
Advertisers and sponsors are responsible for ensuring that material submitted
for inclusion on the Site complies with all legal and regulatory requirements
and does not contain any material which is objectionable including, without
limit, information which is defamatory, obscene, threatening or untrue.Ê MCP is
not responsible for any such material or any error or inaccuracy contained in
such material and any issues which you may have should be raised directly with
the relevant advertiser or sponsor.
8.
Exclusions and limitations of liability
8.1.
All information and/or data on the Site
(including any Periodical) is provided on an ãas isä basis.Ê Save to the extent
required by law, no representations, warranties or terms of any kind are made
(or shall be implied by statute or otherwise) in respect of the Site or the
Content (including any Periodical), including, without limitation, warranties
of satisfactory quality, conformity to contract, accuracy, adequacy, conformity
to description or fitness for any particular purpose.Ê
8.2.
MCP does not give any warranty or guarantee
relating to availability of the Site or that your use of the Site and/or the
Content (including any Periodical) will be uninterrupted or that any or all of
the Site, her operation of it, the Content or the server that makes the Site
available are error or virus free or free of other harmful components.
8.3.1.
interruption of business; or
8.3.2.
access or other delays, terminations, suspensions,
denials or access interruptions to the Site (including any Periodical); or
8.3.3.
data non-delivery, data misdelivery, data
corruption, destruction of data or other modification of data; or
8.3.4.
third party website links on the Site; or
8.3.5.
reliance on the information contained on the Site
(including any Periodical); or
8.3.6.
computer viruses, system failures or
malfunctions which may occur in connection with your use of the Site; or
8.3.7.
any inaccuracies, omissions or misleading, false
or deceptive statement in the Content (including any Periodical); or
8.3.8.
events beyond MCPâs reasonable control.
8.4.1.
death or personal injury caused by her
negligence or that of any of her employees or agents; or
8.4.2.
fraudulent misrepresentation; or
8.4.3.
any liability which it is not lawful to exclude
either now or in the future.
9.
Indemnity
You agree to defend and indemnify MCP and hold her harmless for any
loss, damages or costs, including reasonable legal fees, resulting from any
third party claim, action or demand arising directly or indirectly as a result
of:
9.1.
any breach of these Terms by you; or
9.2.
your fault, negligence or breach of statutory
duty; or
9.3.
your use of software robots, spiders, crawlers,
or similar data gathering and extraction tools, or any other action you take
that imposes an unreasonable burden or load on MCPâs infrastructure (whether
owned by, leased or licensed to her) or that of any of her Suppliers.
MCP reserves the right to change these Terms at any time and she
encourages you to revisit these Terms periodically to ensure that you are at
all times fully aware of them.Ê Any changes are effective immediately upon
posting to the Site.Ê Your continued use of the Site constitutes your agreement
to all such Terms.
11.
General
11.1.
Any contractual or legal relationship between
you and MCP will be concluded in English.
11.2.
All notices shall be given by e-mail to MCP at info@maggiecp.com or, to you at either the e-mail or postal address you provide
during the registration process (if any). Notice will be deemed received 24
hours after e-mail is sent or 3 days after the date of posting.
11.3.
These Terms (together with any variations to
them pursuant to section 3) form the entire agreement between the MCP
and you concerning your access to, browsing and/or use of the Site and
supersede all prior agreements, arrangements, understandings and
representations made between you and MCP (whether written or oral) concerning
the Site.Ê
11.4.
The licence granted in section 4.2 above is
personal to you and may not be assigned, transferred or sub-licensed (in whole
or in part) without MCPâs prior written consent.Ê
11.5.
Nothing in these Terms is intended to or shall
operate to create a partnership or joint venture of any kind between you and
MCP or to authorise either you or MCP to act as agent for the other, and
neither of you or MCP shall have authority to act in the name or on behalf of
or otherwise to bind the other in any way (including but not limited to the
making of any representation or warranty, the assumption of any obligation or
liability and the exercise of any right or power).
11.6.
If the whole or any
part of any provision of these Terms is or becomes invalid, void or
unenforceable for any reason the same shall, to the extent required, be severed
from these Terms and rendered ineffective so far as is possible without
modifying the remaining provisions of these Terms and shall in no way affect
the validity or enforceability of any other provisions.
11.7.
No waiver by MCP of any breach of these Terms shall
constitute a waiver of any other prior or subsequent breach and MCP shall not
be affected by any delay, failure or omission to enforce or express forbearance
granted in respect of any of your obligations.
11.8.
The rights and remedies of MCP under these Terms
are independent, cumulative and without prejudice to her rights under the law.
11.9.
These Terms are not intended to create and shall
not create any rights, entitlements, claims or benefits enforceable by any
third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
11.10.
These Terms and/or your use of the Site shall be
governed by and construed in accordance with English law and the English Courts
shall have exclusive jurisdiction over any dispute which may arise.
Additional
terms and conditions applicable when subscribing to the Periodical
12.1ÊÊÊ To be
eligible to register your details with MCP and subscribe to the Periodical and
to lawfully enter into and form contracts on the Site under English law you
must be 18 years old or older and be the holder of a valid debit/credit card.
12.2ÊÊÊ When
submitting your personal information you are warranting that the personal
information which you are required to provide (and do provide) when you
register is true, accurate and current in all respects. If your personal
information changes then please notify MCP immediately by updating your information
through the prompts on the Site.
12.3ÊÊÊ You
agree not to impersonate any other person or entity or to use a false name or a
name that you are not authorised to use.Ê
13.
Payment
13.1.
The price for one subscription to the Periodical
is £27. (or £22 for members of the Gemmological Association of Great Britain, Gem-A).Payment can be made by any of the methods specified on the
Site. You confirm that any credit or debit card that you use to make this
payment is yours.
13.2.
All payments will be processed by a third party payment
service provider and will be subject to their terms and conditions. You will be
taken to the relevant terms and conditions and should read them carefully prior
to making payment as by making the payment you will be deemed to have accepted
those terms and conditions.
13.3.
Once your payment has been authorised you will
receive a password which, in conjunction with your chosen user name, will give
you online access to the Periodical;
14.
Access to the Periodical
The Periodical will only be
accessible to those who have subscribed and paid through section 13, with a
user name and password (ãSubscription Membersä).
15.
Use of the Periodical
The Periodical is protected by national and international copyright
law. The downloading of the Periodical is permitted for your personal,
non-commercial purposes only. Except for your personal use, any copying,
reproduction, lending or hiring, public performance, broadcasting or any other
form of distribution of the Periodical is prohibited and reserved to MCP, and
will constitute a copyright infringement.
16.
Cancellation
Once your payment has been authorised and you have become a
Subscription Member, articles in the Periodical will be available for you to
access and download in accordance with section 14. You are not able to cancel
any subscription to the Periodical after you have confirmed payment, save to
the extent required to be permitted by law.
17.
Back issues of the Periodical
The Periodical will be archived and will be
accessible free through your subscription, by following the links online.
18.
Material that you submit to the Site
18.1.
If you are a Subscription Member, you may send emails
to MCP for potential publication in the subscribers forum of the Periodical.Ê
When you send any materials to MCP for publication on the Site, you do so in
accordance with these Terms including, in particular, the following:
18.1.1.
you grant MCP a royalty free, worldwide,
perpetual and non-exclusive licence to revise, amend, use, copy, distribute,
publish, syndicate, sub-license and transmit the whole or any part of such
material (including without limitation any of the information, details, ideas,
concepts and/or formats contained within it) in any manner and in any format
and/or media whether known now or coming into existence in the future
(including, without limit, archiving and making such material available on the
Site);
18.1.2.
publication of any material you submit to MCP
will be at her sole discretion and MCP reserves the right to edit or otherwise
howsoever amend in whole or in part such material prior to publication;
18.1.3.
you agree that MCP may (at her discretion)
disclose your identity to any third party who is claiming that any material sent
by you to the Site is defamatory, is in breach of confidence, in breach of any
intellectual property right (including, without limitation, copyright), in
breach of any of the warranties set out in sections 18.1.4 or 18.1.5 below or
otherwise is in breach of or violates any applicable law or regulation or code;
18.1.6.
you acknowledge that any breach of the
warranties set out in sections 18.1.4 or 18.1.5 above may cause MCP damage or
loss and you agree to indemnify MCP in full and permanently on demand against
any third party liabilities, claims, costs, loss or damage MCP incurs as a
result of publishing material you submit to her, including consequential
losses.
18.2.
MCP reserves the right to monitor any
communications that are made via the Site and you now consent to any such
monitoring.