1. Definitions
In these Terms of Service (the “Terms”):
- “GoodChildDesign”, “we”, “us” or “our” means the operator of the website located at https://www.goodchild-design.co.uk.
- “Site” means the website at https://www.goodchild-design.co.uk, including all pages, content, features and services made available through it.
- “User”, “you” or “your” means any visitor or user of the Site.
- “Content” means any text, images, graphics, audio, video, software, code, data or other materials appearing on or made available through the Site.
- “Services” means the informational resources and any online functionalities provided through the Site. Any professional design services are subject to separate written agreements.
2. Acceptance of These Terms
By accessing or using the Site, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use the Site. If you use the Site on behalf of a company or other legal entity, you represent and warrant that you are authorised to accept these Terms on its behalf, and that entity accepts these Terms.
3. Changes to These Terms
We may update these Terms from time to time to reflect changes to our Site, our practices or for legal, regulatory or security reasons. Changes take effect when posted on the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review the Terms periodically.
4. Eligibility and Accounts
The Site is intended for persons aged 18 or over. If you create any account on the Site, you must provide accurate information, keep your credentials confidential, and are responsible for all activity under your account. We may suspend or terminate any account or access to the Site if you breach these Terms or if we are required to do so by law.
5. Permitted Use
We grant you a revocable, non-exclusive, non-transferable, limited licence to access and use the Site for your personal or internal business purposes, strictly in accordance with these Terms and applicable law.
You must not:
- Copy, reproduce, modify, adapt, translate, create derivative works of, or publicly display any part of the Site or Content except as strictly necessary for normal browsing.
- Use the Site for any unlawful purpose or in a way that infringes any rights of others.
- Introduce or transmit viruses, malware or other harmful code, or attempt to gain unauthorised access to the Site or related systems.
- Scrape, crawl, harvest, index or otherwise automate access to the Site, unless such activity is permitted by applicable law and does not impose an unreasonable burden on our infrastructure.
- Remove, obscure or alter any copyright, trade mark or other proprietary notices on the Site or Content.
- Use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other user’s access or use.
6. Intellectual Property
The Site and all Content are owned by or licensed to GoodChildDesign and are protected by copyright, trade mark and other intellectual property laws. All rights not expressly granted are reserved.
You may view and, where technically enabled by the Site, download or print copies of Content for your personal or internal business use only, provided that you do not remove any proprietary notices. You must not use any Content for commercial purposes without our prior written permission or the prior written permission of the relevant rights holder.
Names, logos and marks displayed on the Site may be trade marks of GoodChildDesign or third parties. No licence or right is granted to use any trade mark without the owner’s prior written permission.
7. User Submissions and Feedback
If you provide comments, feedback, ideas or other materials to us (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use, reproduce, modify and adapt the Feedback for any purpose, including improving the Site and our services, without obligation to you. You represent and warrant that you have the right to provide any Feedback and that it does not infringe any third party rights or contain unlawful content.
8. Third-Party Links and Resources
The Site may contain links to third-party websites or resources. These are provided for information only. We have no control over and are not responsible for the content, products, services or policies of third parties. Accessing third-party sites is at your own risk, and you should review their terms and privacy practices.
9. Availability and Changes to the Site
We aim to keep the Site available and up to date, but we do not guarantee that the Site or any Content will always be available, uninterrupted, timely, secure or error-free. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if, for any reason, the Site is unavailable at any time or for any period.
10. No Reliance on Information
The Content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of any Content.
11. Warranties and Disclaimers
To the maximum extent permitted by law, the Site and Content are provided “as is” and “as available” without warranties, representations or guarantees of any kind, whether express or implied, including implied warranties of satisfactory quality, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Site will be free from defects, errors or harmful components.
12. Liability
12.1 Nothing limits or excludes liability that cannot be limited or excluded by law
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
12.2 If you are a consumer
If you are using the Site as a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable, for losses not caused by our breach or negligence, or for business losses (including loss of profit, loss of business, business interruption or loss of business opportunity). Your legal rights are not affected.
12.3 If you are a business user
If you are using the Site in the course of business, then to the fullest extent permitted by law: (a) we exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any Content; and (b) we will not be liable for any indirect or consequential loss, or for any loss of profit, revenue, goodwill, data, business or anticipated savings, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
13. Indemnity (business users)
If you use the Site in the course of business, you will indemnify and hold harmless GoodChildDesign from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms or your misuse of the Site.
14. Personal Data and Cookies
14.1 Controller
GoodChildDesign is the controller of personal data processed through the Site.
14.2 What we collect
We may process personal data that you provide to us (such as your name, contact details and communications) and data generated by your use of the Site (such as IP address, device and browser characteristics, pages viewed, and time stamps). The Site may use cookies and similar technologies to operate, measure usage and enhance functionality.
14.3 Purposes and legal bases
- Operating, maintaining and securing the Site (legitimate interests in running our website and preventing fraud or misuse).
- Responding to enquiries and providing customer support (consent or steps taken at your request prior to entering into a contract, and legitimate interests).
- Analytics to understand Site performance and improve Content (consent where required, otherwise legitimate interests).
- Compliance with legal obligations (legal obligation).
14.4 Sharing and transfers
We may share personal data with service providers who act on our instructions to support the Site (for example, hosting, analytics, security). Where personal data is transferred outside the UK, we will ensure appropriate safeguards are in place, such as standard contractual clauses or equivalent measures recognised by UK data protection law.
14.5 Retention
We keep personal data only for as long as necessary for the purposes set out above, taking into account the nature of the data, the purposes of processing, legal and regulatory requirements, and our legitimate interests. Typically, enquiry correspondence is retained for up to six years to address queries and potential complaints; analytics data may be kept for shorter periods consistent with its purpose.
14.6 Your rights
Subject to legal conditions and exemptions, you have the rights to access, rectification, erasure, restriction, objection, and data portability. Where processing is based on consent, you may withdraw your consent at any time without affecting the lawfulness of processing prior to withdrawal. You also have the right to lodge a complaint with the UK Information Commissioner’s Office.
14.7 How to contact us about personal data
To exercise your rights or ask questions about our data practices, please contact us via the contact page on the GoodChildDesign website. We may need to verify your identity before responding.
14.8 Cookies
Cookies are small files placed on your device that help the Site function and collect information about your use. You can manage cookies through your browser settings, including blocking or deleting them; however, some features of the Site may not function properly without certain cookies.
15. Security
We implement reasonable technical and organisational measures designed to protect personal data and the integrity of the Site. However, no internet transmission or storage system can be guaranteed to be completely secure.
16. Compliance and International Use
The Site is controlled from the United Kingdom. We do not represent that Content is appropriate or available in other locations. If you access the Site from outside the UK, you are responsible for compliance with local laws where they apply.
17. Suspension and Termination
We may suspend or terminate your access to the Site immediately if you materially breach these Terms, if required by law, or if your use poses a security or operational risk. Upon termination, all rights granted to you under these Terms will cease. Sections that by their nature should survive termination will continue to apply, including Sections 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 18 and 19.
18. Miscellaneous
- Severability: If any provision of these Terms is found invalid or unenforceable, the remainder will remain in full force.
- No waiver: A failure or delay to enforce any provision is not a waiver of that or any other provision.
- Entire agreement: These Terms constitute the entire agreement between you and us regarding the Site and supersede all prior understandings relating to the Site.
- Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations in connection with a business transfer or for legitimate operational reasons.
- Interpretation: Headings are for convenience only and do not affect interpretation.
19. Governing Law and Jurisdiction
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, are governed by the laws of England and Wales.
If you are a business user, the courts of England and Wales have exclusive jurisdiction. If you are a consumer resident in England or Wales, you may bring legal proceedings in the courts of England and Wales. If you are a consumer resident in Scotland, you may bring proceedings in either the Scottish courts or the courts of England and Wales. If you are a consumer resident in Northern Ireland, you may bring proceedings in either the Northern Irish courts or the courts of England and Wales. You may also benefit from mandatory protections under the laws of your country of residence.
20. Contact
Questions about these Terms or the Site can be sent to us via the contact page on the GoodChildDesign website. We aim to respond within a reasonable time.