ROBERTA PLANS YOUR DAY, a business operating the website at www.robertaplansyourday.com (the ‘Site’) (‘RPYD’ ‘Us’, ‘Our’ or ‘We’) set out the following terms and conditions which govern use of the Site by a Customer (or a visitor as the case may be) (‘You’ or ‘Your’).

These terms incorporate all the applicable legal policies and statements made available on the Site by this reference and shall apply to You. By using the Site, You expressly agree to be bound by these terms. You should read the terms carefully and ensure that You understand their effect before proceeding to use the Site. If You disagree with any part of the terms, do not use the Site. If You violate these terms, We may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You.

  1. Permitted Use
    1. You may view pages, download pages for caching purposes only, and print pages (excluding images). You agree that You are only authorised to visit, view and to retain a copy of pages of this Site for Your own personal, non-commercial use (other than uses permitted by the terms) and that You shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than this.
    2. You may link to Our home page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.
    3. Without express permission in writing, You must not establish a link on, or to, the Site in such a way as to suggest any form of association, approval or endorsement. We reserve the right to withdraw linking permissions without notice.
    4. The content on this Site is Our property or the property of Our suppliers/ licensors and is protected by UK and international copyright laws.
  2. Changes to Our Site
    1. We may update the Site from time to time and may change the content and functionality at any time. We do not guarantee that the Site, or any content on it, will be free from errors or omissions or kept up-to-date at all times but We try Our very best.
  3. Changes to these terms
    1. We reserve the right to make reasonable modifications to these terms at any time without notice by posting the changes on this page. You agree that We will treat Your continued use of the Site as acceptance of these terms as may be amended from time to time.
  4. Prohibited use
    1. The following uses of the Site (and the material on it) are strictly prohibited:
      (a) Any sale, sub-licensing, rental, distribution, public exploitation and any republication (including republication on another website), posting, framing, reverse engineering or modification of, or creation of, derivative works from the Site (unless You own or control the relevant rights in the material). Notwithstanding this, You may redistribute Our newsletter in electronic form to any person.
      (b) You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
      (c) You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
      (d) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without Our express written consent.
      (e) You must not use the Site to transmit or send unsolicited commercial communications. You must not use the Site for any purposes related to marketing without Our express written consent.
      By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities.
  5. Intellectual Property
    1. Unless otherwise stated, We or Our licensors are the exclusive owners of the Intellectual Property Rights in the Site and the material on the Site which are copyright protected and reserved to Us. Under no circumstances should any part of the Services or materials be reproduced, copied, re-sold, edited, published, transmitted or uploaded or passed on for free use by You in any way without Our written permission. Except as expressly stated in the limited licence provision of these terms (or Your separate Customer Agreement), We do not grant any express or implied right to You under any of Our trademarks, copyrights or other proprietary information.
  6. IP Licence
    1. When using the Site and the Services, if You make use of a feature that allows You to publish any user-generated-content e.g. feedback, You automatically grant to Us, a worldwide, non-exclusive, royalty-free licence to use, access, reproduce, share and redistribute the user-generated-content to the extent permitted by the functionality of the Services and the Site and under these terms (‘IP Licence’).
  7. Data Protection
    1. These terms incorporate Our Customer Privacy Statement and Cookie Policy by this reference.
  8. General Disclaimer
    1. We do not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from its use or any content, search or link on it.
    2. The Site and its content are delivered on an ‘as-is’ and ‘as-available’ basis. We cannot ensure that files You download will be free of Viruses or contamination or destructive features.
    3. We will not be liable for losses of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. We disclaim any and all liability for the acts, omissions and conduct of any third-party users in connection with, or otherwise related to, Your use of the Site.
  9. Hyperlinks and Search Results
    1. The Site may contain hyperlinks or produce search results that reference or link to third party websites throughout the World Wide Web. These are provided for Your ease of reference only and We do not endorse such websites or accept any responsibility for the content of such websites and cannot therefore guarantee, represent or warrant that the content contained in them is accurate, legal and/or inoffensive or that they will not contain Viruses or otherwise impact Your computer. By using the Site to search for, or link to, another website, You agree and understand that You may not make any claim against Us for any Losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another website.
  10. Warranties
    1. We do not warrant or represent:
      (a) the completeness, validity or accuracy of the information published on the Site;
      (b) that the material on the Site is kept up-to-date; or
      (c) that the Site or any service on the Site will remain available. We reserve the right without liability to You, to discontinue or alter any or all of Our Services, and to stop publishing the Site, at any time in Our sole discretion without notice or explanation.
    2. To the extent permitted by law, We exclude all conditions, warranties (including also any implied warranties of merchantability and fitness for a particular purpose), representations or other terms which may apply to the Site or any content on it, whether express or implied.
  11. Limitation of Liability
    1. Nothing in these terms exclude or limit Our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
    2. The limitations and exclusions of liability set out in this Clause 11 govern all liabilities arising hereunder, including liabilities arising in contract, in tort (including negligence)
    3. To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied and we will not be liable to You for any losses (direct or indirect), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      (a) use of, or inability to use, the Site; or,
      (b) use of, or reliance on, any content displayed on the Site; or,
      (c) event or events beyond Our reasonable control;
      (d) a Virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Site or to Your downloading of any content from it, or on any website linked to it.
    4. We will not be liable to You in respect of any special, indirect or consequential loss or damage (including any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill).
  12. Enforceability
    1. If it turns out that a particular provision is not enforceable, this will not affect any other provision.
  13. Third Party Rights
    1. These terms govern the relationship between You and RPYD and do not create any third-party beneficiary rights.
  14. Law and Jurisdiction
    1. All these terms are governed by the law of England and Wales and any disputes arising in relation to these terms and/or the Site are subject to the exclusive jurisdiction of the courts in England and Wales.
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