TERMS AND CONDITIONS OF USE

 

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Sharon Ryan trading as Muddy Meadow (hereafter referred to as Muddy Meadow), the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Muddy Meadow and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Muddy Meadow and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Business details

Sharon Ryan trading as Muddy Meadow with VAT Number 359 6706 53

The registered address is The Coach House, Sutton Court, Stowey, Pensford, Bristol BS39 4DN

 Intellectual property and acceptable use

All copyright, design rights and intellectual property rights existing in our designs and products and in the images, test and design of our website are and will remain the property of Muddy Meadow. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. The copying, modification, distribution, reproduction or incorporation into any other work of part of all the material available on this website in any form is prohibited without permission.

Prohibited use

You may not use the Website for any of the following purposes: in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website; in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to other websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Muddy Meadow or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

Privacy Policy and Cookies Policy

Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please see below.

Availability of the Website and disclaimers

Muddy Meadow will endeavour to do everything in our power to correct any disruption to our service but cannot be held responsible for any disruptions to our services that are beyond our reasonable control. Any online facilities, tools, services or information Muddy Meadow makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults and while we will use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

Limitation of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control. To the maximum extent permitted by law Muddy Meadow accepts no liability for any of the following: any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; loss or corruption of any data, database or software; any special, indirect or consequential loss or damage.

Governing Law

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Privacy policy

This privacy policy applies between you, the User of this Website and Sharon Ryan, the owner and provider of this Website. We take the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.

Definitions and interpretation

In this privacy policy, the following definitions are used:

Data: collectively all information that you submit to us via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws.

Cookies: a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below.

Data Protection Laws: any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK.

GDPR: the General Data Protection Regulation (EU) 2016/679.

UK and EU Cookie Law: the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011.

User or you: any third party that accesses the Website and is not either (i) employed by Muddy Meadow and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Muddy Meadow and accessing the Website in connection with the provision of such services.

Scope of this privacy policy

This privacy policy applies only to the actions of Muddy Meadow and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites. For purposes of the applicable Data Protection Laws, Sharon Ryan is the "data controller". This means that Sharon Ryan determines the purposes for which, and the manner in which, your Data is processed.

Data collected

We may collect the following Data in each case, in accordance with this privacy policy, which includes personal Data, from you: name; contact Information such as email addresses and telephone numbers and purchase information;

in each case, in accordance with this privacy policy.

How we collect Data

We collect Data in for form of data is given to us by you and data is collected automatically.

Data that is given to us by you, for example, when you contact us through the Website, by telephone, post, e-mail or through any other means; when you make payments to us, through this Website or otherwise and when you elect to receive marketing communications from us.

Data that is collected automatically to the extent that you access the Website, we will collect your Data automatically, for example: we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content. We will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed "Cookies".

Our use of Data

Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons: internal record keeping; improvement of our products / services; transmission by email of marketing materials that may be of interest to you; contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Website.

We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed "Your rights" below).

For the delivery of direct marketing to you via e-mail, we'll need your consent, whether via an opt-in or soft-opt-in. Soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under "soft opt-in" consent, we will take your consent as given unless you opt-out. For other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we'll provide. If you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.

Who we share Data with

We may share your Data with the following groups of people for the following reasons: any of our group companies or affiliates - to ensure the proper administration of your website and business; our employees, agents and/or professional advisors - to enable marketing information to be collated and purchase information for sending of goods and third party payment providers who process payments made over the Website - to enable third party payment providers to process user payments and refunds.

Keeping Data secure

We will use technical and organisational measures to safeguard your Data, for example by storing your Data on secure servers. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorised access to your Data, please let us know immediately.

Data retention

Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.

Your rights

You have the following rights in relation to your Data:

a.    Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive." Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.

b.    Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.

c.    Right to erase - the right to request that we delete or remove your Data from our systems.

d.    Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.

e.    Right to data portability - the right to request that we move, copy or transfer your Data.

f.    Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.

To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner's Office (ICO). The ICO's contact details can be found on their website at https://ico.org.uk/. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.

Links to other websites

This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Cookies

This Website may place and access certain Cookies on your computer. Muddy Meadow uses Cookies to improve your experience of using the Website and to improve our range of products. We have carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Muddy Meadow to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.

This Website may place strictly necessary cookies that are required for the operation of our website and analytical/performance cookies that allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

General

You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected. This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts. Muddy Meadow reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.  
You may contact Muddy Meadow by email at getintouch@muddymeadow.co.uk.