By Using Our Site You Accept These Terms of Use
Please read these Terms of Use carefully and ensure that you understand them before using Our Site.
These Terms of Use, together with any other documents referred to herein (unless otherwise
stated), set out the terms of use governing your use of this website, https://memoryaromas.co.uk
(“Our Site”). It is recommended that you print a copy of these Terms of Use for your future reference.
These Terms of Use were last updated on 04/02/2024.
Your agreement to comply with these Terms of Use is indicated by your use of Our Site. If you do not agree to these Terms of Use, you must stop using Our Site immediately. You will also be required to accept these Terms of Use if you sign up for an Account.
The following documents may also apply to your use of Our Site:
· Our Privacy Policy, available at https://memoryaromas.co.uk/pages/privacy-policy.
This is also referred to below in Parts 3, 7, and 17.
· Our Cookie Policy, available at https://memoryaromas.co.uk/pages/cookie-policy
This is also referred to below in Part 17.
· If you purchase goods from Us, Our Terms of Sale, available at will apply to the sale.
These terms are also referred to below in Parts 13 and 14.
1. Definitions and Interpretation
1.1 In these Terms of Use, unless the context otherwise requires, the following
expressions have the following meanings:
“Account” means an account required to access certain features on
Our Site, as set out in Part 7;
“Contact Tools” means any online communications facility that We make
available on Our Site enabling you to contact Us including, but
not limited to, contact forms and live chat;
“Content” means any and all text, images, audio, video, scripts, code,
software, databases, and any other form of information
capable of being stored on a computer that appears on, or
forms part of, Our Site;
“User” means a user of Our Site;
“User Content” means reviews, comments and other permitted user shared
content, shared by Users on Our Site; and
“We/Us/Our” means Memory Aromas.
2. Information About Us
Our Site is operated by Memory Aromas and Our main trading address is
32 6th Avenue Hull HU6 9PR.
3. How to Contact Us and Your Use of Our Contact Tools
3.1 To contact Us by email, please email Us at info@memoryaromas.co.uk or to contact Us
by telephone, please call Us on 07801 091 901.
3.2 We provide the following Contact Tools for you to contact Us:
Contact Form, Phone or Email.
3.3 When using Our Contact Tools or contacting Us by any other means, the following
rules apply, and you must not communicate, submit, or otherwise do anything that:
submit, or otherwise do anything that:
· is sexually explicit;
· in any way sexualises minors (including, but not limited to, child sexual abuse
material);
· is obscene, deliberately offensive, hateful, or otherwise inflammatory;
· promotes violence;
· promotes, encourages, incites, or supports acts of terrorism;
· promotes or assists in any form of unlawful activity;
· is defamatory of another person;
· bullies, insults, intimidates, or humiliates another person;
· discriminates against, or is in any way defamatory of, any person, group, or
class of persons; race; nationality; gender; gender identity; sexual orientation;
religious or philosophical beliefs; disability; or age; is intended or otherwise
likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass
another person;
· is calculated or otherwise likely to deceive;
· is intended or otherwise likely to infringe (or threaten to infringe) another person’s right
to privacy or otherwise uses their personal information in a way that you do not have a
right to;
· misleadingly impersonates any person or otherwise misrepresents your identity or
affiliation in a way that is calculated to deceive (obvious parodies are not included in this
definition provided that they do not breach any of the other content standards in this
Part 3);
· implies any form of affiliation with Us or any other party where there is none;
· infringes, or assists in the infringement of, the intellectual property rights (including, but
not limited to, copyright, designs, patents, trade marks, and database rights) belonging
to Us or any other party;
· is in breach of any legal duty owed to another party including, but not limited to,
contractual duties and duties of confidence.
3.4 We may monitor any and all communications made using Our Contact Tools.
3.5 Any personal information sent to Us, whether via Our Contact Tools or otherwise (including,
but not limited to, your name and contact details) will be collected, used, and held in
accordance with your rights and Our obligations under data protection law, as set out in
Our Privacy Policy, available from https://memoryaromas.co.uk/pages/privacy-policy
4. Access to Our Site
4.1 Access to Our Site is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.
4.3 Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend
or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will
always be available or that access to it will be uninterrupted. If We suspend or discontinue
Our Site (or any part of it), We will try to give you reasonable notice of the suspension or
discontinuation.
5. Changes to Our Site
We may alter and update Our Site (or any part of it) at any time.
6. Changes to these Terms of Use
6.1 We may alter these Terms of Use at any time. If We do so, details of the changes will be
highlighted at. Any changes made to these Terms of Use will apply to your use of Our Site
the first time you use it after the changes have been implemented. You are advised to check
this page every time you use Our Site.
6.2 If any part of the current version of these Terms of Use conflicts with any previous
version(s), the current version shall prevail unless We explicitly state otherwise.
7. Accounts
7.1 Certain features on Our Site, including the ability to purchase goods from Us, may require
an Account.
7.2 Only Users aged 18 or over may create an Account.
7.3 When creating an Account, the information you provide must be accurate and complete. If
any of your information changes, it is your responsibility to ensure that your Account is kept
up to date.
7.4 We recommend that you choose a strong password for your Account.
7.5 It is your responsibility to keep your Account details safe. You must not share your Account
details with anyone else. If you believe your Account is being used by someone else without
your permission, please change your password immediately by logging into your account
or contact Us using the details above in Part 3.
7.6 You must not use another person’s Account without their permission.
7.7 All personal information provided by you in your Account will be collected, used, and held in
accordance with your rights and Our obligations under data protection law, as set out in Our
Privacy Policy, available from https://memoryaromas.co.uk/pages/privacy-policy.
7.8 If you wish to delete your Account, you may do so at any time. If you delete your Account,
you will no longer have access to the features on Our Site requiring an Account. Deleting
your Account will result in the removal of your information from Our Site. For further details
about the retention and deletion of personal data, please refer to Our Privacy Policy,
available from https://memoryaromas.co.uk/pages/privacy-policy
7.9 If you delete your Account, any User Content that you have shared on Our Site will also be
deleted.
7.10 We may disable your Account if, in Our reasonable opinion, you have breached these Terms
of Use (including, but not limited to, Our Acceptable Usage Policy).
8. International Users
Our Site is intended for users in the United Kingdom only. We do not warrant or represent that
Our Site or its Content are available in other locations or are suitable for use in other locations.
9. How You May Use Our Site and Content (Intellectual Property)
9.1 With the exception of User Content (please refer to Part 10), all Content included on Our
Site and the copyright and other intellectual property rights in that Content belongs to or
has been licensed by Us, unless specifically labelled otherwise. All Content (including User
Content) is protected by applicable United Kingdom and international intellectual property
laws and treaties.
9.2 Users retain the ownership of the copyright and all other intellectual property rights in their
User Content (with the exception of any part of any User Content which is owned by a third
party, in which case, Users must obtain express permission for such material to be used in
the User Content). For information on the use of User Content, please refer to Part 10.
9.3 You may access, view, and use Our Site in a web browser (including any web browsing
capability built into other types of software or app) and you may download Our Site (or any
part of it) for caching (this usually occurs automatically).
9.4 You may print one copy and download extracts of any page(s) from Our Site for personal
use only.
9.5 You may not otherwise modify the printed copies, downloaded extracts, or downloaded or
saved Content in any way. Images, video, audio, or any other Content downloaded from
Our Site must not be used separately from accompanying text.
9.6 You may not use any Content (including User Content) from Our Site for commercial
purposes without first obtaining a licence from Us, Our licensors, or the relevant User, as
applicable. This does not prevent the normal access, viewing, and use of Our Site for
general information purposes by business users or consumers.
9.7 Our status as the owner and author of the Content on Our Site (or that of identified licensors
or Users, as applicable) must always be acknowledged.
9.8 Nothing in these Terms of Use limits or excludes the provisions of Chapter III of the
Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’,
which provides exceptions allowing certain uses of copyright material including (but not
limited to) non-commercial research and private study; text and data mining for non-
commercial research; criticism, review, and reporting current events; teaching; accessibility;
time-shifting; and parody, caricature, and pastiche. Further information is available from the
UK Intellectual Property Office.
10. User Content
10.1 User Content on Our Site includes reviews, comments and other permitted shared user
content.
10.2 An Account is required for the submission of User Content to Our Site.
10.3 You warrant that you will comply with us and the content standards referred to. You will
be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach
of your warranty. You will be responsible for any loss or damage suffered by Us as a result
of such a breach.
10.4 We are not responsible for any loss of User Content submitted to Our Site. It is your sole
responsibility to secure and backup your User Content.
10.5 All User Content is considered non-confidential and non-proprietary.
10.6 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole
opinion, it violates Our Acceptable Usage Policy.
10.7 We have the right to disclose your identity to a third party if that third party claims that any
User Content submitted by you infringes their intellectual property rights (including, but not
limited to, copyright) or their right to privacy.
10.8 User Content is not approved or verified by Us before it is displayed on Our Site. The
opinions, views, and values expressed in User Content on Our Site are those of the relevant
Users and do not represent Our opinions, views, or values.
10.9 We do not store any terrorist content.
10.10 If you wish to make a complaint about any User Content, please contact Us using the
details provided above in Part 3.
10.11 If you wish to remove User Content, you may do so by contacting us as soon as is possible.
Please note that caching or references to your User Content may not be made unavailable
immediately and may not be made unavailable where they are outside of Our reasonable
control.
10.12 User Content on Our Site and the copyright and other intellectual property rights in that
User Content, unless specifically labelled otherwise, belongs to or has been licensed by
the User identified along with that User Content. All User Content is protected by applicable
United Kingdom and international intellectual property laws and treaties.
10.13 You (or your licensors, as appropriate) retain the ownership of your User Content and all
associated intellectual property rights. When you submit User Content to Our Site, you
grant Us an unconditional, non-exclusive, fully transferrable, royalty free, perpetual,
worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce,
distribute, prepare derivative works from, display, perform, and sub-licence your User
Content to the extent necessary to operate and promote Our Site.
10.14 In addition to the licence granted to Us under Part 10.13, by submitting User Content to
Our Site, Users grant each other the right to copy and quote their permission.
11. Links to Our Site
11.1 You may link to any page on Our Site.
11.2 Links to Our Site must be fair and lawful. You must not take unfair advantage of Our
reputation or attempt to damage Our reputation.
11.3 You must not link to Our Site in a manner that suggests any association with Us (where
there is none) or any endorsement or approval from Us (where there is none).
11.4 Your link should not use any logos or trade marks displayed on Our Site without Our
express written permission.
11.5 You must not frame or embed Our Site on another website without Our express written
permission.
11.6 You may not link to Our Site from another website the main content of which is unlawful;
obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or
otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes
intellectual property rights; or that We deem to be otherwise objectionable.
12. Links to Other Sites
12.1 Links to other websites may be included on Our Site. Unless expressly stated, these sites
are not under Our control. We accept no responsibility or liability for the content of third-
party websites.
12.2 The inclusion of a link to another website on Our Site is for information purposes only and
does not imply any endorsement of that website or of its owners, operators, or any other
parties involved with it.
13. Disclaimers
13.1 Nothing on Our Site constitutes professional advice on which you should rely. It is provided
for general information purposes only. Professional or specialist advice should always be
obtained before taking any action relating to choosing any of products.
13.2 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate,
and up to date, but to the extent permitted by law, We make no warranties, representations,
or guarantees (express or implied) that this will always be the case. Please note that this
does not apply to information concerning goods for sale through Our Site.
13.3 If you are a business user, We exclude all implied representations, warranties, conditions,
and other terms that may apply to Our Site and Content.
14. Our Liability
14.1 The provisions of this Part 14 apply only to the use of Our Site and not to the sale of goods.
The sale of goods is governed by Our Terms of Sale.
14.2 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent
misrepresentation, for death or personal injury resulting from negligence, or for any other
forms of liability which cannot be lawfully excluded or restricted.
14.3 If you are a business user (i.e. you are using Our Site in the course of business or for
commercial purposes), to the fullest extent permissible by law, We accept no liability for
any loss or damage, whether foreseeable or otherwise, in contract, tort (including
negligence), for breach of statutory duty, or otherwise, arising out of or in connection
with the use of (or inability to use) Our Site or the use of or reliance upon any Content
(including User Content) included on Our Site.
14.4 If you are a business user, We accept no liability for loss of profit, sales, business, or
revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings;
business interruption; or for any indirect or consequential loss or damage.
14.5 Our Site is intended for non-commercial use only. If you are a consumer, you agree that
you will not use Our Site for any commercial or business purposes and that We shall have
no liability to you for any business losses as set out above.
14.6 Subject to Part 14.7, if you are a consumer and Our Content (digital content) from Our Site
(that is not User Content) damages other digital content or a device belonging to you,
where that damage is caused by Our failure to use reasonable skill and care, We will
either compensate you or repair the damage.
14.7 Note that the right to compensation or repair in Part 14.6 will be lost if the damage in
question could have been avoided by following advice or instructions from Us to install
a free patch or update; if the damage resulted from your failure to follow instructions; or
if the minimum system requirements provided by Us for the digital content in question
were not met.
15. Viruses, Malware, and Security
15.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from
viruses and malware; however, We do not guarantee that this is the case.
15.2 You are responsible for protecting your hardware, software, data, and other material from
viruses, malware, and other internet security risks.
15.3 You must not deliberately introduce viruses or other malware, or any other material which
is malicious or technologically harmful either to or via Our Site.
15.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on
which Our Site is stored, or any other server, computer, or database connected to Our Site.
15.5 You must not attack Our Site by means of a denial-of-service attack, a distributed denial
of service attack, or by any other means.
15.6 By breaching the provisions of Parts 15.3 to 15.5, you may be committing a criminal
offence under the Computer Misuse Act 1990. Any and all such breaches will be reported
to the relevant law enforcement authorities, and We will cooperate fully with those
authorities by disclosing your identity to them. Your right to use Our Site will cease
immediately in the event of such a breach.
16. Acceptable Usage of Our Site
16.1 You may only use Our Site in a lawful manner.
a) You must ensure that you comply fully with any and all local, national, or international
laws and regulations that apply.
b) You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent.
c) You must not use Our Site to knowingly send, upload, or in any other way transmit data
that contains any form of virus or other malware, or any other code designed to
adversely affect computer hardware, software, or data of any kind.
16.2 If you fail to comply with the provisions of this Part 16 and/or Our Acceptable Usage Policy,
you will be in breach of these Terms of Use. We may take one or more of the following
actions in response:
a) Suspend or terminate your right to use Our Site.
b) Issue you with a written warning.
c) Take legal proceedings against you for reimbursement of any and all relevant costs
on an indemnity basis resulting from your breach.
d) Take further legal action against you, as appropriate.
e) Disclose such information to law enforcement authorities as required or as We deem
reasonably necessary; and/or
f) Any other actions which We deem reasonably appropriate (and lawful).
16.3 We hereby exclude any and all liability arising out of any actions that We may take
(including, but not limited to those set out above in Part 16.3) in response to your breach.
17. How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy Policy, available from
https://memoryaromas.co.uk/pages/privacy-policy and Our Cookie Policy, available from
https://memoryaromas.co.uk/pages/cookie-policy.
18. Communications from Us
18.1 If We have your contact details and/or if you have an Account, We may send you important
notices by email from time to time. Such notices may relate to matters including, but not
limited to, changes to Our Site or to these Terms of Use, or to your Account.
18.2 We will not send you marketing emails without your express consent. If you do consent to
marketing, you may opt out at any time. All marketing emails from Us include an
unsubscribe link. Email marketing options can also be changed in your account settings
or by contacting us. If you opt out of emails from Us, it may take up to 14 business working
days for your request to take effect and you may continue to receive emails during that
time.
18.3 For questions or complaints about communications from Us, please contact Us using the
details above in Part 3.
19. What Happens if We Transfer this Agreement to Another Party
We may transfer (assign) Our obligations and rights under these Terms of Use to a third party
(this may happen, for example, if We sell Our business). If this Occurs, We will inform you in
writing. Your rights under these Terms of Use will not be affected and Our obligations under
these Terms of Use will be transferred to the third party who will remain bound by them.
20. Law and Jurisdiction
20.1 These Terms of Use, and the relationship between you and Us (whether contractual or
otherwise) shall be governed by, and construed in accordance with, English law.
20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your
country of residence. Nothing in Part 20.1 takes away from or reduces your legal rights
as a consumer.
20.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and
Us relating to these Terms of Use or to the relationship between you and Us (whether
contractual or otherwise) shall be subject to the jurisdiction of the courts of England,
Wales, Scotland, or Northern Ireland, as determined by your residency.
20.4 If you are a business user, any dispute, controversy, proceedings, or claim between you
and Us relating to these Terms of Use or to the relationship between you and Us (whether
contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of
England and Wales.
Copyright © 2024 Memory Aromas - All Rights Reserved.