Inspire Your Dreams

Website Terms of Use

1. Introduction

1.1. These terms and conditions (Terms of Use) govern your use of our website, www.evacandles.co.uk.
1.2. By using our website, you accept these Terms of Use in full; accordingly, if you disagree with these Terms of Use or any part of these Terms of Use, you must not use our website.
1.3. You must be at least 18 years of age to use our website; by using our website or agreeing to these Terms of Use, you warrant and represent to us that you are at least 18 years of age.

2. Copyright, trade marks and other intellectual property rights

2.1. Copyright (c) 2018 E&VA Candles Ltd.
2.2. Subject to the express provisions of these Terms of Use:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
2.3. E&Va, E&VA Candles, our logos and our other trade marks are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
2.4. The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless expressly stated otherwise in these Terms of Use or on our website, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
2.5. Nothing in these Terms or Use shall operate to transfer any intellectual property rights from us to you. Any goodwill derived from the use by you of our intellectual property rights shall accrue to us.

3. Licence to use website

3.1. You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these Terms of Use.
3.2. Except as expressly permitted by clause 3.1 or the other provisions of these Terms of Use, you must not download any material from our website or save any such material to your computer.
3.3. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4. Except as expressly permitted by these Terms of Use, you must not edit or otherwise modify any material on our website.
3.5. Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6. Notwithstanding clause 3.5 of these Terms of Use, you may redistribute our newsletter in print and electronic form to any person.
3.7. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1. You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Your content: licence

5.1. In these Terms of Use, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
5.2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
5.3. You grant to us the right to sub-license the rights licensed under clause 5.2 of these Terms of Use.
5.4. You grant to us the right to bring an action for infringement of the rights licensed under clause 5.2 of these Terms of Use.
5.5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
5.6. You may edit your content to the extent permitted using the editing functionality made available on our website.
5.7. Without prejudice to our other rights under these Terms of Use, if you breach any provision of these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may delete, unpublish or edit any or all of your content.

6. Your content: rules

6.1. You warrant and represent that your content will comply with these Terms of Use.
6.2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
6.3. Your content, and the use of your content by us in accordance with these Terms of Use, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.

7. Limited warranties

7.1. We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
7.2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms of Use, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
7.3. To the maximum extent permitted by applicable law and subject to clause 8.1 of these Terms of Use, we exclude all representations and warranties relating to the subject matter of these Terms of Use, our website and the use of our website.

8. Limitations and exclusions of liability

8.1. Nothing in these Terms of Use will limit or exclude any liability for death or personal injury resulting from negligence; limit or exclude any liability for fraud or fraudulent misrepresentation; limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law.
8.2. The limitations and exclusions of liability set out in this clause 8 and elsewhere in these Terms of Use: are subject to clause 8.1; and govern all liabilities arising under these Terms of Use or relating to the subject matter of these Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms of Use.
8.3. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
8.4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
8.5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
8.6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
8.7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

9. Breaches of these Terms of Use

9.1. Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website; or
(f) commence legal action against you, whether for breach of contract or otherwise.
9.2. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

10. Variation

We may revise these Terms of Use from time to time. The revised Terms of Use shall apply to the use of our website from the date of publication of the revised Terms of Use on the website.

11. Severability

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these Terms of Use would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

12. Law and jurisdiction

These Terms of Use shall be governed by and construed in accordance with English law. Any disputes relating to these Terms of Use shall be subject to the non-exclusive jurisdiction of the courts of England.

13. Our details

13.1. This website is owned and operated by E&VA Candles Ltd. a company incorporated and registered in England and Wales with company number [number] and whose registered office is at 21 Montague Road, SW19 1TB, London, United Kingdom. Our VAT number is 11672529.
13.2. You can contact us:
(a) using our website contact form at https://evacandles.co.uk/pages/contact-us;
(b) by email at info@evacandles.co.uk; or
(c) by post, using the postal address given above.