Terms of Service

This website is managed by Facely, referred to as “we,” “us,” or “our.” By accessing and using this site, you agree to comply with the Terms of Service outlined here. Please carefully read these terms before using our services. Your continued use of the website implies acceptance of any updates or changes to the Terms of Service. Our online store, hosted on WordPress, provides a platform for selling products and services. The following sections outline the conditions and rules governing the use of our services.

1. Online Store Terms
   1. We reserve the right to refuse service to anyone at any time. Please note that your content, excluding credit card information, may be transferred unencrypted. It is your responsibility not to use our products for any unauthorised or illegal purposes.
2. General Conditions
   1. Similar to Section 1, we reserve the right to refuse service. Your content may be transferred unencrypted (excluding credit card information), and you agree not to reproduce, duplicate, or exploit our services without our written permission.
3. Products or Services
   1. Certain products or services may be available exclusively online. We make efforts to display accurate colours and images, but we do not guarantee monitor accuracy. We reserve the right to limit sales and discontinue products.
   2. We cannot warrant that the products, services, information, or other materials you purchase or obtain from us will meet your expectations, and we do not assure that any errors in the service will be rectified.
4. Modifications:
   1. Prices may change without notice,
   2. The Service may be modified or discontinued at any time
   3. Any and all modifications are without liability you or any third party.
5. Accuracy of Information
   1. We strive to provide accurate information, but we are not responsible for inaccuracies. Users should consult several sources for decision-making purposes. relying on information provided on our site is at your own risk.
6. Account Information
   1. We may refuse any order at our discretion. You agree to provide accurate purchase and account information.
7. Third-Party Links
   1. Certain content, products, and services accessible through our Service may incorporate materials from third parties.
   2. Third-party links provided on this site may guide you to websites not affiliated with us. We do no accept responsibility for scrutinising or assessing the content or accuracy
   3. We do not guarantee or accept liability for any third-party materials or websites, or for any other materials, products, or services provided by third parties.
   4. We are not accountable for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions associated with third-party websites. Prior to engaging in any transaction, carefully review the policies and practices of the third party and ensure your understanding.
   5. Concerns, claims, complaints, or questions about third-party products should be directed to the respective third party.
8. Optional Tools
   1. We may provide third-party tools without monitoring or control. Users access these tools at their own risk.
9. User Submissions
   1. If, upon our request, you submit specific entries (such as contest submissions), or
   2. If, without any request from us, you provide creative ideas, suggestions, proposals, plans, or other materials, whether through online means, email, postal mail, or any other medium (collectively referred to as ‘comments’),
   3. you hereby agree that we may, at any time, without constraints, edit, copy, publish, distribute, translate, and utilise in any medium any comments forwarded to us.
   4. We are not obligated
      1. to maintain any comments in confidence;
      2. to provide compensation for any comments; or
      3. to respond to any comments.
   5. We may, at our discretion but with no obligation, monitor, edit, or remove content that we, in our sole discretion, deem unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service.
   6. You agree that your comments will not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or include any computer virus or other malware that could impact the operation of the Service or any related website. Using a false email address, pretending to be someone other than yourself, or misleading us or third parties regarding the origin of any comments is not permitted. You are solely responsible for the accuracy of any comments you make. We disclaim responsibility and assume no liability for any comments posted by you or any third party.
10. Personal Information
    1. DATA COLLECTION: when you make purchases through our online store, we request essential information, including your name, address, contact telephone number, email address, and credit/debit card details. This information is necessary to fulfil your purchase order via our e-commerce partner, WooCommerce. It is utilised for processing payment and delivering the product to the provided address. If any alterations to these details occur post-sale, kindly notify us promptly via email for necessary adjustments.
    2. ENSURING LEGAL DATA USE: We commit to using your personal data only when there’s a lawful basis. Your data is employed for contract performance or as expected in running our business, ensuring minimal impact on your rights. For instance, we might use your purchase history for personalised offers or to identify trends for product development. Contact us for more details on this usage. In cases of fraudulent or unlawful activity, we may have a legal obligation to provide data.
    3. CONSENT: Your consent, obtained through our Facely online platform, is a prerequisite for sales, services, or general terms and conditions. While you have the right to withhold consent, it will hinder us from providing services or products. If you have concerns about given consent, you can request to be “forgotten,” removing non-transactional data while retaining information essential for legitimate business practices.
    4. DATA RETENTION: We retain your data for the duration legally mandated by HMRC. Despite this, your rights persist, allowing you to request modifications, removals, or changes to specific information at any point.
11. Errors, Inaccuracies, and Omissions:
    1. From time to time, there might be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We retain the right to rectify any errors, inaccuracies, or omissions and to modify or update information or cancel orders if any details in the Service or on any associated website are found to be inaccurate, without prior notice (even after you have submitted your order).
    2. We do not commit to updating, amending, or clarifying information in the Service or on any associated website, including, but not limited to, pricing information, unless required by law. The absence of a specified update or refresh date in the Service or on any related website should not be interpreted as an indication that all information in the Service or on any related website has been altered or updated.
12. Prohibited Uses:
    1. Apart from the restrictions outlined in the Terms of Service, you are not allowed to utilise the site or its content for:
       1. any unlawful purpose;
       2. soliciting others to perform or participate in unlawful acts;
       3. violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
       4. infringing upon or violating our intellectual property rights or those of others;
       5. engaging in harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
       6. submitting false or misleading information;
       7. uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service or any related website, other websites, or the Internet;
       8. collecting or tracking the personal information of others;
       9. engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping;
       10. pursuing any obscene or immoral purpose; or
       11. interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet.
    2. We retain the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.
13. Warranties Disclaimer; Limitation of Liability
    1. We cannot guarantee, affirm, or assure that your use of our service will be continuous, timely, secure, or free from errors. The results obtained from using the service may not be accurate or reliable. You acknowledge that we may, at times, suspend the service indefinitely or terminate it without notice.
    2. You explicitly agree that your utilisation or inability to utilise the service is solely at your own risk. The service and all products and services provided to you through it are, unless expressly stated otherwise by us, offered “as is” and “as available” without any representation, warranties, or conditions, whether express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    3. Under no circumstances shall Facely, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise. This liability arises from your use of the service or any products obtained through it, or any other claim related to your use of the service or any product. This encompasses errors or omissions in any content or any loss or damage incurred as a result of using the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of the possibility of such damages. As certain states or jurisdictions may not permit the exclusion or limitation of liability for consequential or incidental damages, our liability in such cases shall be limited to the maximum extent permitted by law.
14. Changes to Terms of Service: You have the option to review the latest version of the Terms of Service at any time on this page. We retain the right, at our sole discretion, to update, modify, or substitute any portion of these Terms of Service by publishing updates and revisions on our website. It is your responsibility to regularly check our website for any alterations. Your ongoing use or access to our website or the Service after the posting of any modifications to these Terms of Service signifies your acceptance of those changes.
15. Termination
    1. The responsibilities and liabilities of the parties that arise before the termination date will persist even after the termination of this agreement for all intents and purposes.
    2. These Terms of Service remain in effect unless and until either you or we terminate them. You have the option to terminate these Terms of Service at any time by informing us that you no longer wish to use our services or by discontinuing the use of our site.
    3. If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or if we suspect such failure, we reserve the right to terminate this agreement at any time without notice. In such cases, you will remain responsible for all amounts due up to and including the date of termination. Additionally, we may deny you access to our services or any part thereof.
16. Indemnification: You consent to indemnify, defend, and hold harmless Facely, as well as our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, initiated by any third party due to or arising from your violation of these Terms of Service or the documents they integrate by reference, or your infringement of any law or the rights of a third party.
17. Entire Agreement:
    1. Our failure to exercise or enforce any right or provision of these Terms of Service does not waive that right or provision.
    2. These Terms of Service, along with any policies or operating rules posted by us on this site or concerning the Service, establish the complete agreement and understanding between you and us. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).
    3. Any ambiguities in the interpretation of these Terms of Service should not be construed against the drafting party.
18. Severability: If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, it shall still be enforceable to the fullest extent allowed by applicable law. The unenforceable portion will be considered severed from these Terms of Service, and such a determination will not impact the validity and enforceability of any other remaining provisions.
19. Governing Law: These Terms of Service, along with any distinct agreements through which we deliver services to you, will be subject to and interpreted in accordance with the laws of the United Kingdom.
20. Contact Information: Questions can be directed to hello@facely.co.uk