Welcome to the www.maggiecp.com website (the 'Site').

Maggie Campbell Pedersen ('MCP') provides the products and services available on the Site. Your use of the Site is governed by the 'Terms and Conditions' set out below (the 'Terms'). 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 'Organic Gems' (the 'Periodical'), 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.

2.                   About the Site

MCP will endeavour to ensure that the availability of the Site will be uninterrupted and that transmissions using it will be error-free. However, due to the nature of the internet, this cannot be guaranteed. 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.

3.                   Registration

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

4.                   Use of the Site

4.1.             For the purposes of these Terms:

'Content' 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

'Trade Marks' means the trade marks, logos and service marks (whether or not registered) displayed on the Site.

4.2.             MCP is the owner or the licensee of all intellectual property rights in the Site, the Content and the Trade Marks. Subject to these Terms, MCP grants you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Site (including the Content and Trade Marks) for your personal and non-commercial use only.

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 hidden text utilising MCP's 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 MCP's prior written consent. In 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. 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.             At any time and without giving you any advance notice, MCP may permanently or temporarily and for any reason:

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. MCP is not responsible for, nor endorses in any way such third party websites or their content. 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. 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. 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 as is basis. 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.

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.             You agree that MCP will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:

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 MCP's reasonable control.

8.4.             Notwithstanding any provision of these Terms, MCP does not exclude or limit her liability for:

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 MCP's infrastructure (whether owned by, leased or licensed to her) or that of any of her Suppliers.

 

10.               Changes to these Terms

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. Any changes are effective immediately upon posting to the Site. 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 by you 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.

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 MCP's prior written consent.

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.

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© 2007 Maggie Campbell Pedersen All rights reserved.

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