Terms of Use

These Terms apply to all users of The Web Smith website. Nothing in these Terms grants you any legal rights in the website other than as necessary to enable you to access the website.

By accessing or using the website in any manner, including, but not limited to, visiting or browsing it or contributing content or other materials to it, you agree to be bound by these Terms, which are to be read and interpreted in conjunction with the Privacy Policy and the Affiliate Policy.

If there’s anything you don’t agree with, you should stop using the website. If you have any questions about the Terms, please contact me via this contact form.

Terms of Use at a Glance

1. Definitions

In these Terms, the capitalised words below have the following meanings:

Acceptable Use Policy: the policy set out below.

Affiliate Programme: the Affiliate Programme of The Web Smith.

Content: any text, images, logos, trademarks, graphics, files, computer code, designs, downloads, video, audio or other materials submitted to or on the website.

Cookie Policy: the policy which governs how we use cookies in the website;

Intellectual Property Rights: all rights to intellectual property including without limitation copyright, trademarks, domain names, design rights, database rights and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).

Me, us or our: The Web Smith, a trading name of Suzanne Smith. 

Privacy Policy: the privacy policywhich governs how we process any personal data collected from you.

Submission: any text, images, video, audio or other materials submitted by you or other users to the website.

Terms: these terms and conditions of use as updated from time to time.

You or your: the person using the website or its Content.

Your use of the website means that you must also comply with our Acceptable Use Policy, Privacy Policy, and Cookie Policy, where applicable.

2. Intellectual Property Rights

The website, its Content and all Intellectual Property Rights relating thereto are owned by us, with the exception of any content from others that we are lawfully permitted to use.

We reserve all of our rights in any Intellectual Property in connection with this website. This means, for example, that we remain owners or licensees of them and free to use them as we see fit.

You agree to respect our intellectual property rights, which means you agree not to copy, duplicate, steal, display, distribute, reproduce, post, create derivative works, sell, or license any part of the Content in any way to anyone, without our prior written consent. If you quote any Content from this website, you agree to acknowledge the source, and include a backlink to the relevant page without a “no follow” tag, unless the Content is subject to an Affiliate Programme.

You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it does not breach any Intellectual Property Rights.

3. Accuracy of information and availability of the website

While we try to make sure that the website is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the website will be fit or suitable for any purpose. Any reliance that you may place on the information on this website is at your own risk.

We may suspend or terminate operation of the Site at any time as we see fit.

Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

While we try to make sure that the website is available for your use as much as possible, we do not e do not promise that it will be available at all times nor do we promise the uninterrupted use by you of the website.

4. Hyperlinks and third party sites

This website contains hyperlinks and references to third party websites other than the website.

Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site will be governed by the terms and conditions of that third party site.

Click here for The Web Smith’s Affiliate Policy.

5. Acceptable Use Policy

It is a condition of your use of the website that you agree not to use the website for any of the following:

• for any purpose that is unlawful under any applicable law or prohibited by these Terms
• to commit any act of fraud
• to distribute viruses or malware or other similar harmful software code
• for purposes of promoting unsolicited advertising or sending spam
• to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’)
• to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’)
• in any manner that disrupts the operation of our website or business or the website or business of any other entity
• in any manner that harms minors
• to promote any unlawful activity
• to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing
• to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing
• to gain unauthorised access to or use of computers, data, systems, accounts or networks, and
• to attempt to circumvent password or user authentication methods.

6. Interactive services

We may make interactive services available on the website, for example areas where you can comment on Content. We are not obliged to monitor or moderate Submissions to our interactive services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.

We may remove, edit or refuse to post any Submissions to any of our interactive services whether they are moderated or not. Any Submission you make must comply with our Submission standards set out below.

Any Submission or communication to users of our website must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, you warrant that any Submission or communication is:

• your own original work and lawfully submitted
• factually accurate or your own genuinely held belief
• provided with the necessary consent of any third party
• not defamatory or likely to give rise to an allegation of defamation
• not offensive, inappropriate, obscene, sexually explicit, discriminatory or deceptive, and
• unlikely to cause offence, embarrassment or annoyance to others.

We reserve the right to remove or denial approval for any Submission she believes infringes the above.

7. Linking and framing

You may create a link to our website from another website without our prior written consent provided that the link does not:

• to attempt to circumvent password or user authentication methods
• create a frame or any other browser or border environment around the content of our website
• imply that we endorse your products or services or any of the products or services available through the website on which you place a link to our website
• imply that we endorse your products or services or any of the products or services available through the website on which you place a link to our website
• display any of the trademarks or logos used on our website without our permission
• appear on a website that itself does not meet the acceptable use requirements of this Policy.

We reserve the right to require you to immediately remove any link to the website at any time, and you shall immediately comply with any request by us to remove any such link.

8. Using The Web Smith name and logos

You may not use our trade marks, logos or trade names except in accordance with these Terms.

9. Miscellaneous

We shall apply these Terms in our absolute discretion. In the event of your breach of the Terms we may terminate or suspend your use of the website, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.

9.2 Limitation on our liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses that were not foreseeable to you and us when these Terms were formed, were not caused by any breach on our part, and  business losses.

9.3 Variation

These Terms are dated 20 June 2023.

No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

9.4 Disputes, governing law and jurisdiction

We will try to resolve any disputes with you quickly and efficiently and we expect that the parties will usually be able to find an amicable resolution to any disputes.

 If you are unhappy with us please contact us as soon as possible to let us know.

If a dispute arises out of or in connection with these Terms, you and we agree that we shall attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. This does not affect the freedom of either of us to commence legal proceedings to preserve any legal right or remedy or to protect any Intellectual Property Rights or trade secrets whether by way of injunctive relief or otherwise.

These Terms and any dispute arising out of or in connection with them are governed by the laws of England and Wales. Each of the parties submits to the exclusive jurisdiction of the courts in England and Wales.

Last updated: 20 June 2023