Terms of use


These terms of website use (the “Terms of Use”) apply to the entire contents of this website. (the “Website”) and to any correspondence by email between you and the Business. Please read the Terms of Use carefully before using the Website. By using the Website, you indicate that you accept the Terms of Use and that you agree to abide by them. If you do not agree to the Terms of Use, please refrain from using the Website immediately.




The Website is operated by Eximia Garden Design (the “Business”)




2.1 Access to the Website is permitted on a temporary basis, and the Business  reserves the right to withdraw or amend the service provided on the Website without notice at any time. The Business will not be liable if for any reason the Website is unavailable at any time or for any period.


2.2 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.


2.3 You may only use our Website for lawful purposes.




3.1 Unless otherwise stated, the copyright and all other intellectual property rights in the material published on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. These works are protected by copyright laws and treaties around the world.


3.2 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.


3.3 Any rights not expressly granted in these terms are reserved.




4.1 The content on the Website is provided on an “as is” basis and is subject to change at any time at the Business’s sole discretion. If the need arises, the Business may suspend access to the Website, or close it indefinitely. The Business does not make any warranty, representation or guarantee as to the availability of the Website.


4.2 The content on the website is not intended to amount to advice on which reliance should be placed. The Business therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website or by anyone who may be informed of any of its contents.


4.3 The content on the Website is provided without any guarantees, conditions or warranties as to its accuracy. Any of the material on the Website may be out of date at any given time, and the Business is under no obligation to update such material. To the extent permitted by law the Business hereby expressly exclude:


4.3.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.


4.3.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for: a) loss of income or revenue; b) loss of business; c) loss of profits or contracts; d) loss of anticipated savings; e) loss of data; f) loss of goodwill; g) wasted management or office time; and h) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable.


4.4 This does not affect the Business’s liability for death or personal injury arising from the Company’s negligence, nor the Company’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.




5.1 The Company processes information about you in accordance with its Privacy Policy.


5.2 By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.


5.3 The Company is committed to protecting your privacy and observing its obligations under the Data Protection Act 1998.


5.4 By making an enquiry via email you may provide personal information such as your name and email address or other personal information to third parties without your consent except to its authorized service provider or unless it is in the public interest to do so. The Company will take all reasonable measures to collect, record and store your personal information timely accurately and securely.


5.5 This website currently uses cookies to track user behaviour in the form of google analytics, please refrain from using the website if you do not wish the data to be collected.




6.1 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our site is stored or any server, computer or database connected to our site. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.


6.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.


6.3 The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.




7.1 If you would like to link to the Website, you may do so subject to the following conditions:


7.1.1 You link only to the home page of the Website and do so in a manner that is fair and legal and which does not replicate the Website in any way;


7.1.2 You do not remove, distort or otherwise alter the size or appearance of  any content on the Website;


7.1.3 You do not create a frame or any other browser or border environment around the Website;


7.1.4 You do not in any way imply that the Company is endorsing any products or services other than its own;


7.1.5 You do not misrepresent your relationship with the Company nor present any other false information about the Company;


7.1.6 You do not otherwise use any trade marks displayed on this website without express written permission from the Company;


7.1.7 You do not link from a website that is not owned by you; and


7.1.8 Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.


7.1.9 You represent and warrant that your website or the server that hosts your website is free from viruses or other forms of harmful computer code and that you have taken all reasonable steps to ensure that this is the case.


7.2 The Business expressly reserves the right to revoke the linking permission granted in clause 7.1 without notice and to take any action it deems appropriate.


7.3 You shall fully indemnify the Company for any loss or damage suffered by the Business for breach of this clause 7.




Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. The Business has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.




9.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although the Company retains the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.


9.2 These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.




The Business may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the Business makes, as your continued use of the Website will constitute deemed acceptance of any updated or amended terms. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Website.




If any court or competent authority finds that any provision of these  terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions shall not be affected. If any invalid, unenforceable or illegal provision  would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.




If you have any concerns about material which appears on our site, please contact: info@eximiagardendesign.co.uk

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