TERMS OF USE
The Gallery Candles (www.gallerycandles.co.uk) is owned and operated by Cathedral Gallery Ltd.
(“Gallery Candles “, “we” or “us”) websites (inclusive of other applications and online services that can be accessed via various desktop, tablet, and mobile web browsers) (collectively, “website(s)”) subject to your compliance with our Terms of Use.
PLEASE READ THESE TERMS OF USE THOROUGHLY BEFORE CONTINUING TO USE THIS WEBSITE.
The terms of use that have been detailed, constitute a formal agreement between you and Gallery Candles. We advise that you, the customer, print out a hard copy of these terms of use (Please note that they may also be subject to periodic change).
By using the gallery candles web Site, you verify that you are capable and competent to agree to and comply with these terms of use. If for any reason whatever, you do not agree to these terms of use or if you believe that you are not legally competent to agree to the terms of use and then you are not permitted to use the gallery candles website.
Please be aware that the terms of use have provisions that dictate the terms of any resolution of any claims between you and Cathedral Gallery Ltd. Please see the Indemnity, Disclaimer of Warranties, Limitation of Liability and Legal Disputes sections for complete details.
Privacy & Security
Please read our Privacy Policy, which has been incorporated into these terms of use and also dictates your use of the candle gallery website. This applies to the extent that should a conflict between the terms of the Privacy Policy and these terms of use, the terms of use are the reference to follow.
The security of customer’s information is of the highest importance to Cathedral Gallery. We have established sufficient and appropriate physical, electronic and managerial safeguards to protect the information that we are required to obtain from or about our customers and our users. Please note that Cathedral Gallery reserves the right at all times to disclose any and all information, as Cathedral Gallery deems it legally necessary to comply with any applicable law, regulation, legal process or governmental request.
Please be aware that Cathedral Gallery reserves at all times the right to change these terms of use, our Privacy Policy and/or the website at any point. Your use of the gallery candles website following any such change will de facto constitute your agreement to be bound by and capitulate to the terms of use and/or Privacy Policy as it has been revised. The newly revised terms of use and/or Privacy Policy will at that point supersede and void all of the previous versions, notices or statements regarding the gallery candles website.
We will update you of any changes that have been made to the terms of use by updating the “Last Updated” date at the top of this page.
All personal information will be treated strictly in terms of the Data Protection Act 1998. This means that confidentiality will be respected and that all appropriate security measures will be taken to prevent unauthorised disclosure. Personal information is used for stated purposes only and you will be advised of any changes.
Some of the personal information processed by Cathedral Gallery is classed as “sensitive” data under the 1998 Act. Appropriate security will be in place to ensure that information is held by Cathedral Gallery confidentially and kept no longer than is necessary for the purposes it was intended. You are entitled to have access to and/or request a copy of the information held about you to ensure that it is accurate and that it is being dealt with properly.
Intellectual Property Rights
The gallery candles website contains within it, valuable service marks and trademarks that are owned and used by Cathedral Gallery, including but are not limited to, The gallery candles and the gallery candles logo. Any use of Cathedral Gallery trademarks without the prior, explicit, written permission of Cathedral Gallery is strictly prohibited. The websites arrangement and layout, including but not limited to, the trademarks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content/material is the exclusive property of Cathedral Gallery.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED WITHOUT THE EXPRESS CONSENT OF Cathedral Gallery.
Cathedral Gallery uses a number of different content and product suppliers, logistical suppliers and other third parties to supply some of the products and content have seen on the Cathedral Gallery websites. All trademarks, service marks, product names, package designs and company names/logos that are associated with these products and content, distributors and all other third parties that are not directly owned by Cathedral Gallery but appear on the Cathedral Gallery websites are the property of their owners.
User-Generated Content
Periodically, the gallery candles website gives users the permission to submit content, such as comments and product reviews, that would be generated by you and others users.
You will be individually responsible for the content you create and as a result, the consequences of posting or publishing said content. Any material, information or views that are submitted by you and are posted or published on the candle gallery website is not in any way confidential and non-proprietary.
By submitting content, you represent to Cathedral Gallery the following:
i. The content that you submit does not, in any way, violate any copyright, trademark, trade secret, patent or any other kind of intellectual property right, any right of privacy or publicity of a third party or any applicable law.
ii. You have the right (in law) to use, and in turn, authorize Cathedral Gallery to use your content, including written consent to use of any product or the name, voice, likeness or any other rights of each identifiable person featured or referenced in your User Content.
iii. The content does not in any way violate Cathedral Gallery’s Acceptable Use Policy that has been outlined below.
As between you and Cathedral Gallery, you will retain all of your ownership rights to your content. By submitting any content to Cathedral Gallery, you hereby confer to Cathedral Gallery a perpetual, global, non-exclusive, royalty-free and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise make use of (including but not limited to over the Internet, broadcast television or any other uses or media). You also bestow upon each user of the candle gallery website a non-exclusive license to access your content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use.
Cathedral Gallery does not in any way endorse any Content expressed therein. Cathedral Gallery reserves the right but is not under any obligation to police any content or other content sent to or via the gallery candles website. We have the right to refuse or remove all content and/or to terminate any user’s access to the Cathedral Gallery websites if Cathedral Gallery deems, in its absolute discretion, that such content or user violates or has violated these Terms of Use. Cathedral Gallery takes no responsibility for any liability in connection with user content.
Acceptable Use Policy
By submitting content and otherwise using the gallery candles website, you agree to the following:
(i) Submitting of any Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights), unless you own or have permission from the owner of such rights to post said content and to grant Cathedral Gallery all of the rights granted herein;
(ii) Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable;
(iii) Use the Sites to harm any person or entity, including Cathedral Gallery;
(iv) Impersonate any person or entity, including but not limited to, a representative of Cathedral Gallery, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(v) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites;
(vi) Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation;
(vii) Upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or Telecommunications equipment;
Order Acceptance
The receipt of contact from Cathedral Gallery does not in any way constitute the acceptance of an order or a confirmation of an offer to sell a product or a service. Cathedral Gallery reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer without explanation or reason. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the candle gallery website can be subject to change with no notice. Errors will be corrected only when discovered and Cathedral Gallery reserves the right to revoke any offer and/or to correct any error or inaccuracy. Cathedral Gallery reserves the right, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Cathedral Gallery’s sole discretion without further explanation.
Links to Other Websites
The candle gallery website may contain some links to third-party websites that are not under the control of Cathedral Gallery. As a result of this, Cathedral Gallery makes no claim and accepts no responsibility regarding the quality, content, nature or reliability of the other sites that are accessible by hyperlinks from the gallery candles website or link to the sites. Cathedral Gallery also provides these links to you as a convenience and the inclusion of any link does not imply endorsement by Cathedral Gallery. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.
Mobile Devices and Mobile Applications
Your access to the gallery candles website via any mobile device or the use of a mobile application constitutes confirmation of your agreement to our Terms of Use.
You agree that you alone are solely responsible for the entire message and all of the data charges that apply when using your mobile device to access the gallery candles website or use of mobile applications. All such charges will be billed by and payable to your mobile service provider. Please contact your mobile service provider for details of your pricing plan and other such details.
Indemnity
You agree to indemnify and hold Cathedral Gallery, any of its agents and licensors free from any claim, including any legal fees, made by a third party arising out of:
You using of the gallery candles website, including any content you submit, post to or transmit via the gallery candles website
Your violation of the terms of use as outlined
Your violation of any of the rights, legal or otherwise, of another candle gallery website user.
Limitation of Liability
IN NO EVENT WILL CATHEDRAL GALLERY OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO FACE TO FACE CONTACT, TELEPHONE OR EMAIL, BE LIABLE TO ANY USER OF THE CANDLE GALLERY WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, OR OTHERWISE, EVEN IF CATHEDRAL GALLERY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge and accept that the limitation on liability applies to all content, merchandise, and services that are available through the candle gallery website.
Termination
Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Use, although the termination can be at the discretion of Cathedral Gallery. You agree that Cathedral Gallery, in its sole discretion, may terminate your account and your use of the sites, as well as remove and delete your user content if Cathedral Gallery believes that you have violated or acted inconsistently with these terms of use or for any other reason. Cathedral Gallery also may in its sole discretion discontinue providing the websites, or any part of the website, with or without notice. You agree that any termination of your access to the sites may be effected without prior notice and you acknowledge and agree that Cathedral Gallery may bar any further access to the Sites. Further, you agree that BigLiving will not be liable to you or any third-party for any termination of access to the Sites.
You may terminate your account by sending a letter stating your intention to 17 Rangemore Hall Mews, Rangemore DE13 9RE.
The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.
Outages
Cathedral Gallery periodically schedules system downtime for the gallery candles website in order to perform vital maintenance. Unplanned system outages, however unlikely, may still occur. You agree that Cathedral Gallery has no responsibility and is not liable for:
The unavailability of the candle gallery website;
Any loss of data or information caused by such a system outage;
Any potential resulting delay, delivery issues or undelivered data and information caused by such a system outage;
Any outages caused as a result of activity on the part of a third party,
Violations
Please report any violations of these Terms of Use to Cathedral Gallery.