WEBSITE TERMS OF USE

1.    Introduction and Definitions
1.1    This page and the documents it refers to tells you the terms of use on which you may use or browse our website www.studiowallander either as a guest or registered user (if applicable). 
1.2    For the purposes of these Website Terms of Use and of the Data Protection Act 1998 (the Act), the data controller is Studio Wallander. Studio Wallander www.studiowallander is owned and operated by Sara Wallander-Ross (sole trader).
1.3    The data processor is Wix.com.
1.4    From henceforth ‘SW’, ‘we’, ‘us’, ‘our’ shall refer to Studio Wallander,  ‘The Site’, ‘website’ shall refer to www.studiowallander.com. ‘Services’ shall refer to the services or products rendered through this site to the individual user. ‘User’, ‘Consumer’, ‘Customer’, ‘You’ and ‘Yours’ refer to the individual site user. ‘Terms ‘ refers on this page to these Website Terms of Use (‘Terms of Use’).  ‘Content’ means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of our Site. 
1.5    The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. By visiting, browsing, making a purchase, submitting any forms or otherwise interacting with The Site, you are accepting and consenting to the practices described in these Terms, together with any additional terms presented on this Site, referenced within these Terms or made available by hyperlink, such as Terms and Conditions and Privacy Policy. This comes into force upon your first use of the Site. By agreeing to these Terms, it shall be assumed that you have read, understood and agreed with the Privacy Policy and any other relevant terms, such as the Terms and Conditions.
1.6    If you do not read, understand or agree with these Terms and all aforementioned Terms and Policies, you must cease to browse, interact or otherwise use The Site, and discontinue use of the Site and Services. These Terms apply to all users, customers, browsers, visitors without exception. The headings used in this agreement are included for clarity and convenience only and will not limit, change or affect these Terms.
1.7    You cannot transfer your rights and obligations under these Terms to any another person without our written approval. No other third person shall have any rights to enforce any terms. Use of our Site is also governed by our Privacy Policy and Terms and Conditions, which is incorporated into these Website Terms of Use by this reference. You can view our Privacy Policy here, and the Terms and Conditions here.
1.8    It is your responsibility to make any and all arrangements necessary in order to access our site. Access to our site is free of charge. Access is provided ‘as is’  and ‘as available’ basis. We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict, suspend, or change our site at any time and without notice. We will not be liable if for any reason our site (or part thereof) is unavailable at any time or for any period or if the content is changed or out of date.
1.9    You must treat as confidential any user identification code, password or other security feature in relation to our site. If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time.
1.10    It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.
1.11    You must be over 18 years of age to use our virtual design service or to order other services or products via our Site.
1.12    These Terms were written in English. If a translated (non-English) version of these Terms should in any way conflict with its English version, the provisions of the English version shall prevail.
1.13    Contact: Sara Wallander-Ross. Name of Legal Entity: Sole trader Sara Wallander-Ross trading as Studio Wallander.  Email: contact@studiowallander.com
           Postal Address: Studio A, The Lion Brewery, St Thomas’ Street, OXFORD OX11JG

2.    Intellectual Property and Copyright
2.1    Any and all copyrightable materials (content) published on this website (unless specified as owned by Wix in their Terms of Use, such as themes and specific code etc., or any stock photos such as imagery from Unsplash, which is free to use with a commercial licence) including:
2.1.1    trade names and other proprietary identifiers and any derivations thereof, whether or not registered
2.1.2     images and photos of persons, artworks and any other subjects, historical or current
2.1.3     any and all written content, including but not limited to descriptions, blog posts and informative text
2.1.4     Logos
2.1.5     Videos
2.1.6     Any design material, such as sketches, mood boards, drawings etc
are owned or has been licenced by Studio Wallander with Sara Wallander-Ross as sole owner.
2.2    All of the above material is protected by Intellectual Property Rights, Laws and Treaties. All such rights are reserved.  
2.3    Under no circumstances is any person(s) allowed to download, publish, copy, broadcast, plagiarise (whether it be text or imagery, or the specific brand ‘look’), reproduce (in any form), duplicate, exploit, distort, sell, resell, pass of as their own material, distribute, display, commercially exploit or transmit this material, including on another website or social media for commercial us without express, written permission (licence) from Studio Wallander.
2.4    Any transgressions of the provisions in clause 2.3 as deemed by us, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made. Should any copyright laws have been breached by you, we will take legal action as we see fit and as is permitted by law.
2.5    You may however access, view and use our Site in a web browser (including any web browsing capability built into other types of software or app), print pages from the Site; download extracts from pages on the Site; and save pages from our Site for later and/or offline viewing, all solely for personal, non-commercial, lawful use.
2.6     You must always acknowledge SW’s status as the owner and author of the Content on the Site (or that of identified licensors, as appropriate). 
2.7    You may not use any Content saved or downloaded from our Site for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of our Site for general information purposes, whether by business users or consumers.  

3    Links to Our Site
3.1    You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice. 
3.2    You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3.3    Our Site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
3.4    If you wish to make use of material on our site other than set out in this clause 3, please address your request to info@studiowallander.com
3.5    You may link to our Site with our permission provided that:
3.5.1     You do so in a fair and legal manner;
3.5.2     You do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;
3.5.3     You do not use any logos or trademarks displayed on our Site without our express written permission; and
3.5.4     You do not do so in a way that is intended to damage our reputation or to take unfair advantage of it.
3.5.5     Our site is not be framed on any other site, nor may you create a link to any part of our site other than the home page.
3.6    Framing or embedding of our Site on other websites is not permitted without our express written permission.  You may not link to our Site from any other site, the main content of which contains material that:
3.6.1     is obscene, deliberately offensive, hateful or otherwise inflammatory;
3.6.2     promotes violence;
3.6.3     promotes or assists in any form of unlawful activity;
3.6.4     discriminates against, or is in any way defamatory towards, any person or group of people;
3.6.5     is intended or is otherwise likely to threaten, harass, annoy, inconvenience, upset or embarrass another person;
3.6.6     is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
3.6.7     misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
3.6.8     infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
3.6.9     is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
3.7    The above restrictions in clause 3.6 do not apply to content submitted to sites by other users, provided that the primary purpose of the site meets with the provisions of doing so in a fair and legal manner etc.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post obscene, offensive and other content that nature.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users. 
4    Uploading material to our Site (if applicable)
4.1    When you upload material to our site, or make contact with other users of our site, you must comply with our Acceptable Use Policy. If you upload material in breach of our Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss. 
4.2    Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. Please see clause 5.7 for further information on uploading.
4.3    We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
4.4    We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

5    Acceptable Use Policy/Prohibited and Unlawful Uses
5.1    Your use of the Site shall be for lawful purposes only, complying with any and all local, national, or international applicable laws and/or regulations.
5.2    You must not use our Site in any way, or for any purpose that is unlawful or fraudulent.
5.3    We exercise all reasonable skill and care to ensure that our Site is secure and free from viruses and malware.
5.4    You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
5.5    You agree not to copy, modify, derive, download for any other purposes as stated under clause 2.5, adapt, rent, lease, loan, sell, imitate or translate the Site in full or parts thereof, or any content therein, or otherwise use the content in any other way than for purposes such as browsing, contacting SW and purchasing products. 
5.6    You shall not transgress upon or violate our intellectual properties or the intellectual properties of others; trace or seek to trace another User; harvest or collect the personal information of other Users; violate others’ right to privacy, attempt to disassemble the Site; use or attempt to use the Site to sell or promote any wares, either physical, digital or intellectual, not endorsed, expressly allowed by or connected to SW;  attack our Site by means of a distributed denial of service attack; provide false information; engage in any kind of manipulation or deceit, either of persons or technology such as ‘hacking’, ‘phishing’, ‘spamming’; engage in ‘personal impersonation’, either of SW, related persons or any other individuals or groups; gain unauthorised access to any parts of the Site or Server not lawfully accessible by you, including but not limited to personal accounts not belonging to you, by either disabling, bypassing, circumventing or by other prohibited means avoiding security measures put in place. 
5.7    You agree not to upload or attempt to upload, insert or otherwise make available any malicious, unlawful, defamatory, vulgar or obscene content, including but not limited to content of a sexual, offensive or violent nature; submit, upload or transmit any virus, worm, Trojan Horse, bug, spy-, stalker-, or malware, or any other computer code, file or program, script or Artificial Intelligence that may or is intended to damage, crawl, scrape, disturb or affect the functionality and/or operation of the Site and/or any hardware and/or software of the Site or any related website, any other sites, or any other actually or potentially harmful code or component.
5.8    You agree to not in any way use the Site for harassment, abuse, threat, insult, libel, intimidation, harm, defamation or slander of any person(s) for any reasons, such as race and ethnicity, religion, sexual orientation, age, disability etc.; commit fraud or express unlawful sentiments; use obscene, vulgar, offensive or rude language in any setting or by any means of communication; promote or incite violence; solicit or convince others to partake in unlawful activities; violate any international, national, federal, provincial or state regulations, rules and laws.
5.9    Should you transgress, attempt to transgress, or otherwise fail to comply with any of the SW Terms or any laws or requirements applicable to your use of the Services, your access to the Services shall be immediately and either temporarily or permanently revoked and your personal account (if applicable ) suspended or terminated, together with written warning. 
5.10    Should transgression involve any unlawful acts, our response will also include:
5.10.1     full disclosure of information, including your identity, to the relevant authorities as we deem reasonably necessary, just and are required to by Law, 
5.10.2     as well as legal proceedings, including for potential intentional tort, as we see fit and are advised, for reimbursement of all costs, including administrative, legal and any other justifiable costs, 
5.10.3     further legal action as appropriate,
5.10.4     and any other actions we deem reasonably appropriate and lawful. 
5.11    SW accepts no liability at any point and for any reason for any transgressions or violations of the above by individuals using the Site. Should you become aware of any unlawful activities by other Users, please inform the relevant authorities.
6    Modification, Withdrawal or Termination of Site, Service or Content
We reserve the right to change Service and Product prices at any time without prior notice. We also, at our sole discretion, may change, replace, modify, withdraw or terminate, either temporarily or permanently, this Site or any parts thereof at any time, with or without notice to you. This includes but is not limited to content, Services offered, Products sold (individual products, type or amount) layout, colour scheme, or brand ‘look’ and ‘feel’ of the Site. You agree that we shall at no point and for no reason be liable to you or third party for any modification or discontinuation of Products, Service or Site in part or in full. 
7    Accuracy of Information, including Pricing
7.1    Occasionally, and unintentionally there may occur typographical errors, omissions and/or inaccuracies on the Site. These may relate to descriptions of Services and Products, including but not limited to in item appearance, general information and provenance, pricing, promotions, competitions, offers (temporary or permanent), discounts and sales, delivery fees and times and services and/or product availability. 
7.2    SW has no obligation to amend, update or clarify any details presented on the Site, other than as required by Law, and any partial amendment or update does not imply a full and complete amendment of the Site. SW reserves the right to change, add to or remove any information presented on the Site at any time without prior notice. Should the price of a Service or Product be changed, this does not affect the price of already confirmed orders. Please see clause X in Terms and Conditions for further information. 
8    Third parties and Links to other Sites
8.1    Our Site may contain links to Third Parties. We only act as an intermediary between you and such Third Parties, and do not examine, validate, endorse or vouch for the accuracy or the availability of such links/sites or those in control of them, nor do we monitor or take responsibility or liability for any interaction or transaction you engage in with any relevant Third Parties. Such sites are not under our control. 
8.2    Clicking on any links may take you to Third Parties not affiliated with SW, so be aware that you are leaving Studio Wallander. By doing so you are no longer governed by the SW Website Terms of Use, Terms and Conditions or Privacy Policy and you access such links at your own risk. Please make sure that you read and inform yourself of any terms and policies in force by any Third Party, and that you are satisfied with any such Policies. 
8.3    We take care to keep your details safe in so far it is in our power to do so, but excluding negligence on our part, we are not liable for any losses or other negative consequences arising from a third party accessing any information provided by you when using this Site.
8.4    SW takes no responsibility, nor are we, in any situation, liable for any material, such as advertising, written content, practices (practical, ethical, religious, cultural or amoral), offers, products, goods, services, imagery, graphics or malicious hardware or software you may encounter. 
8.5    We exclude all liability that may arise in connection with, or as a result of, any such external material (imagery or written content) or any cookies placed on your device, as well as any damage (mental, physical or material), costs (direct or indirect), offence, injury or loss (financial, personal, anticipated or actual of any kind).  
9    Personal Information 
9.1 For information on how, why and when we collect, store and disclose your Personal Information, please see our Privacy Policy.

10       Disclaimers
10.1 The Site is provided for your general information only.
10.1    Nothing on our Site constitutes advice on which you should rely.
10.2    The Site, the Products and Services are provided on an "as is", ‘with all faults’, and "as available" basis without any representation or endorsement made. 
10.3    You agree that the use of the Site and Services is at your own risk and that you fully understand such risks. 
10.3.1    The Site and any related Services/Products are provided, insofar permitted by law, without any warranties, representations or guarantees of any kind, whether express or implied, in relation to the Site, or any transaction that may be conducted on or via the Site including but not limited to:
10.3.1.1     implied warranties of non-infringement of third parties, 
10.3.1.2    compatibility with devices, operating systems, browsers, software or tools, security, accuracy, state of completeness, durability, merchantability, fitness for a particular purpose, implied or otherwise. 
10.4    While SW will reasonably endeavour to verify the accuracy and correctness of any information and details we present on the Site, we make no warranties, whether express or implied, in relation to its accuracy.  
10.5    We do not warrant that the Site or its Services will be uninterrupted, timely or error-free, and that the Site will meet your requirements, that defects will be corrected, or that the Site or server on which it is available are free of viruses, bugs or other malicious software, nor do we warrant the full functionality, accuracy, reliability of the Site, the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. 
10.6    We will not be responsible nor liable to you for any loss of content or material of any kind uploaded or transmitted through the Site. 

11.   Limitations of Liability
11.1    The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, we hereby expressly exclude liability to any User for:
11.1.1  All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
11.1.2  Any liability for any direct, indirect or consequential loss or damage incurred by any user (consumer or business) without limitation in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), or reliance upon any Content published on the Site, including:
loss of income or revenue;
11.1.2.1     loss of business or interruption to business;
11.1.2.2   loss of profits, sales, business, revenue or contracts;
11.1.2.3    loss of business opportunity
11.1.2.4    loss of anticipated savings;
11.1.2.5    loss of data;
11.1.2.6    loss of goodwill or reputation;
11.1.2.7    wasted management or office time; and
11.1.2.8   for any other indirect  or consequential loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, statutory duty or otherwise, even if foreseeable. This does not affect any liability which cannot be excluded or limited under applicable law.
11.2    We exercise all reasonable skill and care to ensure that our Site is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Site (including the downloading of any Content from it) or any other site referred to on our Site.
If you are a consumer visiting our Site, please contact your local Citizens’ Advice Bureau or Trading Standards Office for full details of your legal rights, including those relating to digital content.

12    Limitation of Liability
12.2 Our liability does not exclude or limit in any way:
12.1.4     fraud or fraudulent misrepresentation; 
12.1.5    death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
12.1.6    defective products under the Consumer Protection Act 1987;
12.1.7    breach of the terms of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples);
12.1.8    breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).
13    Waiver
No waiver we present shall in no way represent a waiver of any proceeding or succeeding breach of any provision of these Terms. Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults. 
14    Severance 
Should any part or parts of the Terms be deemed unlawful, void or unenforceable, such a portion of the Terms shall be deemed severed from the remainder of the Terms. Such a determination does not affect the validity or enforceability of any other remaining provisions of the Terms, which shall remain in force without exception. Each provision of the Terms shall be construed as separately applying and surviving in any circumstances, even if for any reason, one or more of the other provisions is deemed inapplicable or unenforceable.
15    Force Majeur/Circumstances Beyond SWs Control
We will not be liable nor responsible for any failure or delay in providing access, full or limited, to the Site where that failure or delay results from any cause that is beyond our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism or war, governmental action, pandemic, epidemic or other natural disaster, or any other event that is beyond our control.

16    Entire Agreement
These Terms and any policies or rules presented by SW here regarding this Site or any aspect of the Service constitute the entire agreement between SW and the User. These Terms overrule any previous, alternative or contemporaneous versions or any other separate agreements, promises, assurances, warranties understandings or representations (excluding fraudulent misrepresentations), as well as any agreements or agreement modifications proposed by the User, whether orally or in writing, and govern the User’s use of the Site and the Service. 
17    Governing Law
20.1 This entire agreement and any other agreements entered into separately (whether contractual or otherwise), shall be governed by the Laws of England & Wales, and you submit wholly to the exclusive jurisdiction of the courts of England and Wales. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. 
20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing above takes away or reduces your rights as a consumer to rely on those provisions. Any dispute, controversy, proceedings or claim between you and us relating to these Website Terms of Use, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland as determined by your residency.
20.3 If you are a business, any disputes concerning these Website Terms of Use, the relationship between you and us, or any matters arising from them or associated with them (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England 
18    Changes to Website Terms of Use
We reserve the right to change, update, modify or terminate these Terms at any time without prior notice. All changes to these Terms shall be posted here, and it is the responsibility of the individual User to keep up to date and inform themselves of any such changes and updates, replacements and modifications. The current version can be reviewed on this page. Any new features, tools or facilities on the site shall be subject to these Terms, and your continued use of the Site and its Services following your first use after a change to the Term shall constitute your acceptance of such modifications and changes. SW shall not be liable to you or any related parties for any of the above mentioned actions.
19    Contact
To contact us, please email us on contact@studiowallander.com or use any of the contact methods on our website. 

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