Tell Jane terms and conditions
By accessing this page and continuing to access our website (“Our Site”) and/or use our services you agree to abide by the terms and conditions (“Terms”) we set out below. If you do not agree to comply with and be bound by these Terms, you must stop using Our Site immediately.
1) Who we are
- Tell Jane is a trading name for services provided by The Little Workshop Company Ltd., Company No. 09318081 registered in England at 18 St. Cross Street, London, EC1N 8UN, described or referred to in these Terms as “Us”, “We” “Our” “Ours” as the context requires. Our VAT No. is 212597610. Any party accessing our website or any of our services (“Services”) is referred to as “You”, “Your”, “Yours” as the context requires.
- Our Services are not exclusive. We are and remain at liberty to provide our Services to any third parties and We reserve the right to decline to provide any of our Services at any time, even if We have previously provided them to You.
2) Services fees and payment
- We provide the Services described in our Website on the basis of these Terms and, unless We agree otherwise with You in writing, for the fees shown and which You agree to pay without deduction or set off.
- We carry out our Services with all reasonable skill and care and it is Your responsibility to afford Us with all information and relevant material together with access to and cooperation with staff, employees and any contractors in order to properly perform Services.
- All fees shown are before VAT is added, which will be calculated at the time the Service is provided.
- If any sum You owe to Us is outstanding We reserve the right to suspend provision of our Services and after 45 days to charge interest and compensation pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 and Regulations, together with any costs and charges of recovery.
3) Liabilities, warranties and indemnities
- We expressly exclude liability for consequential loss or damage, loss of profit, business, revenue, goodwill or anticipated savings, or any liability for innocent or negligent misrepresentation arising out of the provision of our Services and/or our Site.
- We do not exclude or limit liability for death or personal injury, nor do these Terms exclude or restrict Our liability for fraud or fraudulent misrepresentation, or for any other forms of liability which cannot be excluded or restricted by law. For consumers, full details of consumers’ legal rights, including those relating to digital content, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.
- You warrant to Us that in contracting for our Services, You shall not by yourself or any agent contractor or employee be in breach of any contract or other obligation and will be and remain in compliance with all applicable laws and regulations.
- We may terminate the provision of our Services to You on reasonable notice at any time.
- Any rights or obligations of a continuing nature shall survive termination of any agreement between You and Us.
5) Force majeure
If We are obstructed in performing any of Our by an event outside Our reasonable control, then performance to the extent obstructed is suspended for so long as the obstruction continues. Whilst performance is suspended and has been so for more than 30 days, We may terminate the provision of our Services by immediate written notice.
Any obligation of confidentiality in Our legal relationship with you applies mutually; both We and You agree that any confidential information disclosed by either party shall be secret. Neither party may use or take advantage of any such confidential information without the discloser’s consent, even after Our provision of Services has ended, however this obligation does not apply to (i) information known to the receiver before disclosure by the other party, or (ii) information which becomes public knowledge without fault on the part of the receiver, or (iii) disclosures made to the extent required by a proper authority, or any applicable legal or regulatory requirement.
7) Terms for accessing and use of our website
- Access to our site
- Access to our Site is free of charge.
- It is Your responsibility to make any and all arrangements necessary in order to access our Site.
- Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to You in any way if our Site (or any part of it) is unavailable at any time and for any period.
- Intellectual property rights
- “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site. Any Content included on our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
- Subject to sub-Clauses 7.2.3 ) and 7.2.6) in this clause 7.2) You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from our Site unless given express written permission to do so by Us.
- Subject to clause iv) You may:
- Access, view and use our Site in a web browser (including any web browsing capability built into other types of software or app);
- Download our Site (or any part of it) for caching;
- Print pages from our Site;
- Download extracts from pages on our Site; and
- Save pages from our Site for later and/or offline viewing.
- Our status as the owner and author of the Content on our Site (or that of identified licensors, as appropriate) must always be acknowledged.
- You may not use any Content saved or downloaded from our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of our Site for general information purposes whether by business users or consumers.
- Nothing in these Terms limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
- Links to our site
- You may link to our Site provided that You do so in a fair and legal manner, You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists, You do not use any logos or trade marks displayed on our Site without Our express written permission, and You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
- Deep-linking, framing or embedding of our Site on other websites is not permitted without Our express written permission.
- You may not link to our Site from any other site the main content of which contains material that:
- is sexually explicit or obscene, deliberately offensive, hateful or otherwise inflammatory;
- promotes violence or promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
- is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive another person;
- is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
- misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.3.3);
- implies any form of affiliation with Us where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
- is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- Links to other sites
- Links to other sites may be included on our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
- Other than the provision of our Services You have chosen to purchase, nothing on our Site constitutes advice on which You should rely.
- Insofar as is permitted by law, We make no representation, warranty, or guarantee that our Site will meet Your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
- We make reasonable efforts (but with no express or implied representations, warranties or guarantees (whether) to ensure that the Content on our Site is complete, accurate, and up-to-date.
- We make reasonable efforts to ensure that any and all pricing information shown on our Site is correct at the time of going online. We reserve the right to change prices at any time and may add or remove special offers and promotions from time to time. All pricing information is reviewed and updated regularly.
- Our liability
- We accept no liability to You or any other user of our Site for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content included on our Site.
- We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our Site or any Content included on our Site.
- We exercise all reasonable skill and care to ensure that our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect Your hardware, software, data or other material that occurs as a result of your use of our Site (including the downloading of any Content from it) or any other site referred to on our Site.
- We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
- Viruses, malware and security
- We exercise all reasonable skill and care to ensure that our Site is secure and free from viruses and other malware.
- You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
- You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Site.
- You must not attempt to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer, or database connected to our Site.
- You must not attack our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
- By breaching the provisions of sub-Clauses 7.7.3) to 7.7.5) You may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Site will cease immediately in the event of such a breach.
- Acceptable usage policy
- You may only use our Site in a manner that is lawful. Specifically:
- You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
- You must not use our Site in any way, or for any purpose, that is unlawful or fraudulent;
- You must not use our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
- You must not use our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
- We reserve the right to suspend or terminate Your access to our Site if you materially breach the provisions of this Clause 7) or any of the other provisions of these Terms. Specifically, We may take one or more of the following actions:
- suspend, whether temporarily or permanently, Your right to access our Site;
- issue you with a written warning;
- take legal proceedings against You for reimbursement of any and all relevant costs on an indemnity basis resulting from Your breach;
- take further legal action against You as appropriate;
- disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
- any other actions which We deem reasonably appropriate (and lawful).
- We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms.
- You may only use our Site in a manner that is lawful. Specifically:
9. Privacy and Cookies
- Use of our Site is also governed by our Privacy and Cookies Policy.
- Scope – What does this policy cover?
- What data do we collect?
- Name and gender;
- date of birth;
- business/company name, job title;
- contact information such as email addresses and telephone numbers;
- IP address (automatically collected);
- web browser type and version (automatically collected);
- operating system (automatically collected).
- How do we use your data?
- All personal data is stored securely in accordance with the principles of the Data Protection Act 1998. We use your data to provide the best possible Services to You. This includes managing your account and access to our Site, supplying our Services to You, responding to communications from You, and analysing Your use of our Site and gathering feedback to enable Us to continually improve our Site and Your user experience.
- We will not send You any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect Your rights and comply with Our obligations under the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015, and the EU General Data Protection Regulation (GDPR) 2016.
- Your activity is monitored using Cookies, as detailed below in section (188.8.131.52). You can control and limit your data used in this way by adjusting Your web browser’s privacy settings.
- How and where do we store your data?
- We only keep Your data for as long as We need to in order to use it as described in these Terms, and/or for as long as We have Your permission to keep it.
- Your data will only be stored within the UK and the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein).
- Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our Site, however it is important to remember that the transmission of data via the internet may not be completely secure and that You are advised to take suitable precautions when transmitting to Us data via the internet.
- Do we share your data?
- We may sometimes contract with third parties to supply Our Services to You on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of Your data. Where any of Your data is required for such a purpose, We will take all reasonable steps to ensure that Your data will be handled safely, securely, and in accordance with Your rights, Our obligations, and the obligations of the third party under the law.
- In certain circumstances We may be legally required to share certain data held by Us, which may include Your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from You in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.
- How can you control your data?
- When You submit information via our Site, You may be given options to restrict Our use of Your data. In particular, We aim to give You strong controls on Our use of Your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which You may do by unsubscribing using the links provided in Our emails AND/OR by managing Your Account).
- You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
- How can you access your data?
- You have the legal right to ask for a copy of any of Your personal data held by Us (where such data is held) on payment of a small fee which presently will not exceed £10. Please contact Us for more details.
- Changes to our Privacy and Cookies Policy.
- We may change this Privacy and Cookies Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on our Site and You will be deemed to have accepted the terms of the Privacy and Cookies Policy on Your first use of our Site following the alterations. We recommend that You check this page regularly to keep up-to-date.
- Data protection
- Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
- We may use your personal information to: reply to any communications You send to Us, or to send you important notices, as detailed in Clause 9) Notices.
- We will not pass on Your personal information to any third parties.
- Scope – What does this policy cover?
8) Changes to these Terms including Our Website and Privacy and Cookies Policy
- We may change these Terms including our Website and Privacy and Cookies Policy as we may deem necessary from time to time, or as may be required by law.
- Any changes will be immediately posted on our Site and You will be deemed to have accepted the updated Terms including our Website and Privacy and Cookies Policy on Your first use of our Site following the alterations. We recommend that You check this page regularly to keep up-to-date.
- In the event of any conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Any notice to be given by either party to the other shall be in writing and may be sent by email, text/SMS or similar electronic service to the email address or electronic service address usually used by the parties, or by ordinary mail to the address of the other party. Service shall be deemed immediately where there is no message failure report or in the case of posting shall be deemed to be served 2 days following the date of posting.
10) Law and jurisdiction
These terms are governed by the laws of England and Wales and the courts of England shall have sole jurisdiction in relation to all matters arising.