PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE. NOTE IN PARTICULAR THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN CLAUSE 8. IF THOSE LIMITATIONS AND EXCLUSIONS OF LIABILITY ARE NOT ACCEPTABLE TO YOU, YOU SHOULD NOT USE THIS WEBSITE.
VISIONS IN FOCUS S.L. WEBSITE TERMS AND CONDITIONS
Terms of Website use
These Website Terms set out the basis on which you can use our website at www.bethsusanne.com (Website); use includes accessing and browsing. We remain the owners of the Website at all times.
If you do not agree to the Website Terms, you must stop access and use of the Website.
We advise that you print a copy of the Website Terms for future reference. You can print the Website Terms via our Website.
We can change the Website Terms for a number of reasons, for example to reflect current business practice, to take account of increase or variation in the cost of providing the Website, to reflect new costs and/or prices charged, to deal with different services and products supplied via the Website, to take account of changes, enhancements, developments, modifications, error corrections, additions, translations, upgrades and/or updates in respect thereof from time to time issued by us in relation to the Website (Updates) and/or to comply with applicable law. We can also change the Website Terms for any reason. The up-to-date version of the Website Terms will available via the Website and you will be bound by those terms.
2. Changes to our Website
2.1 We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.
2.2 We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
3. Accessing our Website
3.1 Our Website is made available free of charge. We reserve the right to charge for access to the Website, but we will not exercise any such right without providing you with (a) prior notice and/or (b) a revised version of the Website Terms.
3.2 You are responsible for making all arrangements necessary for you to have access to our Website. In order to use the Website you may need to download other third-party software, on the terms specified by those third parties including any amounts payable. We do not accept any liability for third-party software and you are responsible for all associated costs.
3.3 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of the Website Terms and other applicable terms and conditions, and that they comply with them.
3.4 We may limit the availability of our Website or any service or product described on our Website to any person or geographic area at any time.
3.5 You may:
print off one copy of the Website for the purposes referred to below;
view, use, access and browse the Website for your personal, domestic or internal business purposes only and not for any resale purposes;
the above are the Permitted Purposes;
you must not use the Website for any purpose other than the Permitted Purpose.
3.6 We reserve all rights other than those expressly granted to you by the Website Terms. In particular, you agree:-
not to copy the Website (in whole or in part) save as expressly permitted by clause 3.6(d);
not to assign, rent, transfer, lease, sub-license, loan, translate, merge, adapt, convert, change, vary or modify Website (in whole or in part);
not to make alterations to, or modifications of, the whole or any part of the Website, or permit the Website or any part of it to be combined with, or become incorporated in, any other programs;
not to create any back up copy, disassemble, decode, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or attempt to do any such thing except to the extent that (by virtue of section 296A (1) of the Copyright Design and Patents Act 1988 (CDPA)) such actions cannot be prohibited and you comply with the conditions in s50B CDPA and provided that the information obtained by you during such activities:
is used only for the purpose of achieving inter-operability of the Website (in accordance with the Permitted Purpose) with another software program;
is not unnecessarily disclosed or communicated to any third party without our express prior written consent; and
is not used to create any software that is substantially similar to the Website;
not to enter, access or bypass our security systems (or attempt to do so) by any means whatsoever (including robots);
not to reproduce, store, modify, republish, upload, post, transmit or distribute in any manner and by any means all or any part of the Website;
to include our copyright notice on all entire and partial copies you make of the Website on any medium in accordance with the Website Terms and not to remove any copyright or similar notices on the Website;
not to operate the Website for the benefit of or on behalf of any 3rd party, including by way of “bulletin board”, network, online service or remote dial in, application service provider services, Internet service provider services, time-sharing arrangements, outsourcing services or bureau services;
not to provide or otherwise make available the Website in whole or in part (including object and/or source code), in any form to any person; and
to comply with all technology control, export laws and regulations that apply to the technology used or supported by the Website;
together Licence Restrictions.
3.7 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice for any reason, including maintenance, Updates or the like. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. We do not represent or warrant that the Website:-
will always be accessible and usable;
will not infringe the rights of third parties;
will not adversely affect any other software or equipment (Device) used by you;
will be free from all known viruses (as defined in clause 5.1(c));
will meet your requirements;
or its use will be uninterrupted or error free nor that any defects in the Website can be corrected.
3.8 It is your responsibility to:-
install and keep up to date virus-checking software for your Device and any other hardware and software systems;
ensure that your information technology is compatible with ours;
ensure that any Device or other hardware, software or communication link you may use is sufficient and appropriate.
3.9 We reserve the right to implement Updates in respect of the Website but are not obliged to do so.
4. Third-party Sites and Third-party Service Providers
4.1 The Website may contain links to and/or other details of other independent third-party websites (Third-party Sites) and/or third party service providers (e.g. lawyers, immigration advisors and the like) (Third-party Service Providers). We may also from time to time provide you with details of Third-party Sites and/or Third-party Service Providers.
4.2 Neither the Third-party Sites nor Third-party Service Providers are under our control, and we are not responsible for their content, products, services, advice or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with and/or use of any Third-party Sites and/or Third-party Service Providers, including the purchase and use of any products, services and/or advice accessible through and/or provided by them. In particular, we are not responsible for and do not give any guarantee, representation or warranty in connection with any products, services and/or advice supplied via a Third-party Site and/or by any Third-party Service Provider, including as to quality, delivery or accuracy. You will be responsible for all amounts payable in connection with any goods or services supplied via Third-party Sites and/or Third-party Service Providers.
4.3 Visions in Focus S.L. has financial relationships with some of the merchants mentioned on the Website. Visions in Focus S.L. may be compensated if consumers choose to utilize the links located throughout the content on this website and generate sales for the said merchant. Visions in Focus S.L. is compensated for certain paid links and advertisements on this blog. You are not obligated to click on any link or buy any products that are advertised. This website may be compensated by companies mentioned through advertising, affiliate programs, or otherwise. Any references to third party products, rates, or websites are subject to change without notice. Users must do appropriate research before participating in any third party offers.
4.4 Third-party Sites and Third-party Service Providers may have their own terms and conditions, privacy policies, cookie policies and the like; you will have to accept these if you use Third-party Sites and/or Third-party Service Providers and we are not responsible for them.
5. Acceptable Use Restrictions
5.1 You must not:
use the Website other than for the Permitted Purpose in accordance with the Website Terms and in accordance with the Licence Restrictions;
use the Website for any purpose, and/or for the transmission of any material, which is (in our opinion) illegal, defamatory, unlawful, immoral, offensive, harmful, threatening, harassing, racially or ethically offensive, abusive, obscene, discriminatory, fraudulent, dishonest, inappropriate, which depicts sexually explicit images, which promotes violence, discrimination based on race, gender, colour, religious belief, sexual orientation or disability or any other illegal activities or which is otherwise objectionable and/or a breach of the Website Terms;
act fraudulently or maliciously, hack into or insert malicious or technologically harmful code, including bugs, viruses, Trojans, worms, logic bombs or other harmful data or material (collectively viruses), into the Website or any operating system. 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. We are not liable if, despite our reasonable endeavours to prevent the same in respect of the Website, any of the foregoing are introduced by you or someone else into the Website and/or infect your Device or other computer equipment;
use the Website other than by your own direct personal use. In particular you must not use any artificial intelligence in connection with the Website, such as (without limitation) “robots” and/or any other computer generated program used to interact with the Website instead of you (Assistance Programs). We may take steps to detect and prevent use of such Assistance Programs by you. This might include examination of any software programs used by you on the Device and you must not attempt to bypass, interfere with or block any such steps;
infringe our intellectual property rights or those of any third party in relation to your use of the Website;
use the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
collect or harvest any information or data from any services offered via the Website or our systems or attempt to decipher any transmissions to or from the servers running any services offered via the Website;
delete, remove, obscure or tamper with copyright or other proprietary notices we have included on the Website;
together Acceptable Use Restrictions.
5.2 Whenever you make use of a feature that allows you to upload content (including pictures) to, or to make contact with other users of the Website or send messages via the Website, you must comply with the Website Terms in particular clause 5.1. You will be responsible for and must indemnify us against any loss or damage we suffer as a result of your breach of this obligation.
5.3 Any content you post on or upload to the Website (including pictures) or message you send via the Website will be considered non-confidential and non-proprietary. You retain ownership of your rights in your content, but we have the right to (and you grant us a licence to) use, store, copy, distribute and disclose to third parties any content or messages for any purpose. We have the right to remove any of the same that do not comply with the Website Terms.
5.4 We also have the right to disclose your identity to any third party who is claiming that your content or messages constitute a violation of their intellectual property rights or of their right to privacy or are otherwise in breach of the Website Terms. We have the right to remove any of your content or messages from the Website.
5.5 We will not be responsible, or liable to any third party, for the content or accuracy of any of your content or messages or those of any other user of the Website.
5.6 The views expressed by other users on the Website do not represent our views or values.
6. Intellectual Property Rights
6.1 You acknowledge that all intellectual property rights in the Website anywhere in the world belong to us or our licensors and that you have no rights in, or to, the Website other than in accordance with the Website Terms. In this clause intellectual property rights includes but is not limited to all patents, copyrights and related rights (including in design, text, graphics, images and photographs), rights to inventions, rights in trade dress or get-up, goodwill, rights to sue for passing off, unfair competition rights, design rights, trade marks, service marks, trade secrets, know-how, domain names, database rights, rights in computer software, algorithms, code, topography rights, rights in confidential information (including know how and trade secrets) and all other rights in the nature of intellectual property rights (whether registered or unregistered and whether or not capable of registration) and all applications for the same anywhere in the world and all similar and equivalent forms of protection in any part of the world, howsoever and whenever arising.
6.2 You acknowledge that:-
you have no right to have access to the Website in source-code form and that you have no rights in the source code;
the name ‘Visions in Focus S.L.’, ‘Beth Susanne‘ and all other names, trade marks and logos on or used by us in connection with the Website are the property of us or our licensors.
7. Data Protection
7.2 You agree that internet transmissions are never completely private or secure. You understand that any message you send or receive using the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted or confidential.
7.3 By using the Website, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for services that are internet-based or wireless to improve our products and services and to provide any services to you.
7.4 The Website may from time to time make use of location data sent from the Device. If this function is present, you can turn off this functionality at any time by turning off the location services settings for the Website on the Device. Subject to that, you consent to us and our affiliates’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on the Device.
8. Limitation and Exclusion of Liability
8.1 You acknowledge and agree that:-
that the Website has not been developed to meet your individual requirements and that it is your responsibility to ensure that the facilities and functions of the Website meet your requirements;
that the Website is supplied free of charge for personal, domestic and internal business use only. You agree not to use the Website for any resale purposes. We have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity;
the content on the Website is provided for general information only. It is not intended to amount to and is not legal or other advice. In particular, it is not legal or other advice on which you should rely or on which you should act. Any statements or comments in relation to the law are not and are not intended to constitute a definitive or complete statement of the law on any subject. We advise that you seek professional advice (from an appropriately qualified person) before acting on any content or information displayed on the Website and/or before you take any step in relation to immigration matters;
although we make 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. In particular, information displayed on the Website may (without our knowledge) become quickly out of date as a consequence of changes in the law and/or decisions of any court, tribunal or other competent authority. In some cases, such changes may not immediately be generally known. It is not reasonably practicable for the Website to be up to date in all respects at all times;
we have no liability to you, direct and/or indirect, arising out of any act or omission by you as a consequence of any content on the Website and/or any Third-party Site and/or any products, services and/or advice you may obtain from a Third-party Service Provider.
8.2 We confirm that we have the right to permit you to use the Website in accordance with the Website Terms.
8.3 We will use reasonable efforts to try to prevent viruses being introduced into the Website and/or transmitted from the Website into your Device.However, you must use your own virus protection software. We cannot guarantee that we can stop all viruses. We are not liable if despite our reasonable endeavours (in relation to the Website) to prevent the same any viruses are introduced by you or someone else into the Website and/or infect your Device or other computer equipment.
8.4 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of clauses 8.2 or 8.3 of the Website Terms or our negligence up to the limit specified in clause 8.5. This is subject to clause 9. In addition, we are not responsible for any other loss or damage or any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you entered into the Website Terms.
8.5 Our maximum aggregate liability under or in connection with the Website Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the higher of €500.00 (five hundred euros EUR) and the amount of any annual subscription fee (or the like) excluding VAT that you may from time to time pay us to use and access the Website. This is subject to clause 9 and does not apply to the types of loss set out in clause 8.6.
8.6 We do not limit or exclude our liability for:
death or personal injury resulting from our negligence;
fraud or fraudulent misrepresentation;
a legal remedy given by the law to you which the law prevents us from excluding. This could be, for example, rights of satisfactory quality, fitness for purpose, correspondence with description and our right to licence the Website to you on the Website Terms. For information about these rights contact your local Trading Standards Office or (Citizens Advice Bureau).
8.7 Apart from the matters in relation to which we do not limit or exclude liability (see clause 8.6), and to the extent permitted by applicable law, we exclude all other warranties, guarantees, undertakings and representations (save those expressly set out in these Website Terms) express and implied by statute or common law with respect to the Website, including as to uninterrupted provision or non-infringement,