Welcome to [www.nadiaandkatia.com] (the “Website”). The Website is operated by [Nadia Narain Limited] (a company incorporated in England and Wales with company number , registered address at [14 Princess Road, Top Floor, London, NW1 8JJ]) and/or its group companies (together, referred to as us, we or our).
These terms and conditions (the “Terms”) set out the terms on which you make use of the Website and apply to every page of the Website. By using the Website you confirm that you accept the Terms and that you agree to comply with them.
If you have any questions or would like to get in touch, please email us at [[email protected]].
CHANGES TO THE TERMS AND/OR THE WEBSITE
The Terms may be revised at any time by amending this page. Please check this page from time to time to take notice of any changes made, as they are binding on you. The Terms were last updated on [Nadia & Katia 2020].
The content on the Website is provided for general information only. It is not intended to amount to any medical, psychological, nutritional or other advice on which you should rely. While we will always try and ensure the Website is kept up-to-date, we cannot warrant the completeness or accuracy of any of the information.
We cannot accept any liability or responsibility for any loss which may arise from reliance on material on the Website.
LIMITATION OF LIABILITY
To the extent permitted by law, all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied, are excluded. Nothing in the Terms excludes or limits liability for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, liability 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 the use of, or inability to use, the Website or the use or reliance on any content displayed on the Website is excluded.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms, including any contract between you and us concluded via the Website, such as, but not limited to, a contract for the sale of services to you, that is caused by events outside our reasonable control (a “Force Majeure”). A Force Majeure may include, without limitation: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable commercial endeavours to bring the Force Majeure to a close or to find a solution by which our obligations under any contract may be performed despite the Force Majeure occurring.
The Terms, any contract in respect of a transaction carried out through or via the Website, and any non-contractual obligations arising in connection with either the Terms of such transactions, will be governed by English law. The English courts will have exclusive jurisdiction over any dispute between us.
All prices stated on the Website are inclusive of UK VAT.
RIGHT TO CANCEL
Under UK law, you have the right to cancel your order within 14 days following the date you place your order for any services. Refunds for orders cancelled under the provisions of the Consumer (Information, Cancellation and Additional Payments) Regulations 2013 will be processed in accordance with your legal rights. You will receive a full refund in respect of that Service. Refunds will be made to the original payment method.
This is not intended to be a full statement of all your rights under the Consumer Contracts Regulations. Full details of your rights under the Consumer Contracts Regulations are available from your local Citizens' Advice Bureau or your Local Authority's Trading Standards Office.
To arrange a cancellation, please email us at [nadiaandkatia.com] as soon as possible once you have decided you would like to cancel your order (you can do this before or up to 14 days after you place the order). Please quote your order number in your email and the Service you would like to return.
INTELLECTUAL PROPERTY OWNERSHIP AND USE
Unless we expressly state otherwise, all intellectual property rights in the Website, including all copyrights, images, software, designs, text, sound, logos, artwork, look and feel of the Website, devices, branding, trademarks, product selection, arrangement, product names, and other content included in or supplied as part of the Website and coordination of such content on the Website (together referred to as the “Intellectual Property”), is owned by or licensed to us or one of our group companies. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may access and use the Intellectual Property on the Website for your own personal and non-commercial use and for the purpose of placing orders with us. Except with our written permission and provided you acknowledge us as the authors of the Intellectual Property, you may not modify, copy, reproduce, upload, or distribute, by any means, any material or information on or downloaded from the Website. By accessing the Website, you acknowledge and agree that all Intellectual Property shall at all times remain our property and/or shall at all times be vested in us or our related entities or third party licensors.
SOCIAL MEDIA CONTENT
We may provide you with access to non-public social media accounts or groups as part of the services we provide to you. We may, subject to the following provisions, use user-generated images, videos, reviews, testimonials, or stories posted to social media sites (“User Generated Content” or “UGC”). You can provide us with permission to use your UGC by tagging us in your post or by emailing us your UGC. In addition, we may, but have no obligation, to contact you via your social media profile to receive your consent to use your UGC. We will use reasonable endeavours to credit you if we use any of your UGC. By providing you permission to use your UGC:
- You agree that we may, at our discretion, use, copy, distribute, edit, publish, and disclose to third parties your UGC (including your name, if given) for any purpose, including for advertising and promotional purposes, on a worldwide basis, for the duration of any copyright subsisting in your UGC, without payment of any fee, royalty, or other compensation;
- To the fullest extent allowed by law, you waive your moral rights in your UGC throughout the world;
- You represent and warrant that you own all intellectual property rights and other rights in your UGC, including but not limited to copyright and image rights;
- You acknowledge that our use of your UGC will not constitute infringement of any of your rights, including copyright, defamation, privacy, publicity rights, or the equivalent rights of any third party (including anyone whose likeness is included in your UGC);
- You agree that, if requested, you will sign or will use all reasonable endeavours to procure that any third party will sign any documents necessary to transfer the copyright or any other rights in your UGC to us;
- Subject always to our Limitation of Liability statement, you release us from any and all claims, liabilities, or damages arising from our use of the UGC (including in relation to privacy and image rights); and
- Your UGC will be considered non-confidential and non-proprietary. You agree that we may disclose your details to any third party which is claiming that your UGC is a violation of their intellectual property rights or other legal rights.
Any personal data you provide will be processed in accordance with applicable law.
To the extent permitted by law, we exclude all liability for any third party claims, losses, and/or direct and indirect damages, arising out of or in connection with the use of your UGC. You agree to indemnity, defend and hold us, our officers, directors, employees, agents and suppliers, harmless from and against all claims, liability, damages, losses, and properly and reasonably incurred costs and expenses arising out of or in connection with our use of your UGC.
If you believe your work has been copied in a way which infringes your intellectual property rights, please contact us at [nadiaandkatia.com].
If you do not agree to this section of the Terms, please do not tag us in your social media posts.