Welcome & thank you for being here.

It's important that we're both legally protected while you're visiting my little slice of the internet, hence the unfluffy Terms & Conditions below, which covers our respect for one another, such as:

  • Valuing each other's work, products & services and not copying it or using it illegally, inappropriately or without permission.
  • How we communicate with each other, including Posting Guidelines - please have fun, be polite & professional.
  • Our rights and expectations of one another - look out for Refunds & Cancellation Policy in purple text.
  • How important your Privacy is to us - VERY.
  • We're adults - if you're under 18 and here on purpose, that's cool you're so eager to be the next big entrepreneur, but I'm afraid I must be a bad host and refuse you. So get on outta here and go play basketball or something!

 

Sharing my content

So you'd like to link to or share any of my content? Thank you - I'm flattered!

Please include a source credit, for example:

Social Media: Please include my name and/or account handle, eg @jedapearl.

Other Media {blog, video, ezine, etc}: Please include my name, Jeda Pearl, and link back to the original post or webpage.

Thank you.

Full T&Cs below in my native British English.

 

As per the EU Directive, we have a full Privacy Policy {link in the T&Cs too}.
If you've already read the T&Cs, you can check a specific clause using the T&Cs  Menu at the bottom of the page.

TERMS AND CONDITIONS

BY VISITING JEDAPEARL.COM, THECOPYSPA.COM, AND/OR NURTUREYOURAUDIENCE.COM (INCLUDING .CO.UK DOMAINS AND SUBDOMAINS), YOU ARE CONSENTING TO THE FOLLOWING TERMS AND CONDITIONS.

OVERVIEW:

The terms “we,” “us,” and “our” refer to JEDA PEARL CREATIVE. The terms "Website" and “Site” refers to JEDAPEARL.COM, THECOPYSPA.COM, AND/OR NURTUREYOURAUDIENCE.COM (INCLUDING .CO.UK DOMAINS AND SUBDOMAINS). The terms “User,” “You,” and “Your” refer to Site visitors, customers, and any other users of the Site.

The Website provides a "Service" where Users can read articles related to writing, marketing, small business management and business development; and may purchase services, including but not limited to consultancy, digital products, physical products, online classes, workshops, events, membership areas; and may opt-in to an email newsletter.

Use of the Website, including all materials presented herein and all online services provided by JEDA PEARL CREATIVE, is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of the Site.

This agreement applies as between You, the User of this Website and JEDA PEARL CREATIVE, the owner(s) of this Website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon Your first use of the Website.

By using the Website or Service, You agree to these Terms and Conditions, without modification, and acknowledge reading them. If You do not agree to be bound by these Terms and Conditions, You should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a dispatch email to You indicating that Your order has been fulfilled and is on its way to You.

 

  1. Definitions and Interpretation 

In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

"Content" means any text, media, graphics, logos, icons, images, audio clips, video clips, documents, coursework, materials, data compilations, software and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Service” means collectively any online facilities, tools, digital and physical products, digital and physical services, consultancy services, memberships or information that JEDA PEARL CREATIVE makes available through the Website either now or in the future;

“Services” means the services available to You through this Website, including but not limited to: a place where Users can read articles related to writing, marketing, small business management and business development; and may purchase services, including but not limited to copywriting and editing services, marketing and strategy consultancy, digital products, physical products, online classes, workshops, event tickets, memberships, membership areas; and may opt-in to email newsletters;

“Payment Information” means any details required for the purchase of Services from this Website.  This includes, but is not limited to, Your name and address, and the name and address of any gift recipients, and Payment Methods, such as credit / debit card numbers, bank account numbers and sort codes (please note: we do NOT collect any of your financial details on this website - we use secure payment processors, like PayPal, to do that for us);

“Purchase Information” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;

“Premises” means Our place(s) of business located at 68 Cornhill Terrace, Edinburgh, EH6 8EL, Scotland, UK;

“System” means any online communications infrastructure that JEDA PEARL CREATIVE makes available through the Website either now or in the future.  This includes, but is not limited to, Web-based email, message boards, live chat facilities and email links;

“User / Users / You / Your" means any third party that accesses the Website and is not employed by JEDA PEARL CREATIVE and acting in the course of their employment;

“Client” means any third party who has bought copywriting, editing, marketing and / or  business consultancy Services;

"Member / Members" means any third party User who has an account to log-in to this website, who has bought a paid membership, bought a product or service which includes a member’s account, or received a gift membership for JEDA PEARL CREATIVE's Services and accesses the Website and is not employed by JEDA PEARL CREATIVE and acting in the course of their employment;

“Website / Site" means the Website that You are currently using (JEDAPEARL.COM, THECOPYSPA.COM, AND/OR NURTUREYOURAUDIENCE.COM - INCLUDING .CO.UK DOMAINS) and any sub-domains of this Site, unless expressly excluded by their own terms and conditions; and

“We / Us / Our / Writer” means JEDA PEARL CREATIVE.

 

  1. Age Restrictions

To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.Disclaimers

 

  1. Disclaimers

3.1 JEDA PEARL CREATIVE makes no warranty or representation that the Website will meet Your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.

3.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this website will be accurate and up to date, JEDA PEARL CREATIVE makes no warranty or representation that that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. JEDA PEARL CREATIVE disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

3.3 JEDA PEARL CREATIVE make no guarantee of any specific results from the use of Our Service or Services or the service(s) provided thereby. JEDA PEARL CREATIVE neither warrants, represents nor implies that you will derive any benefit, financial or otherwise, from your use of this website or the service(s) provided thereby.

3.4 Results derived from the use of this website or the service(s) provided thereby will vary from one user to another and will depend upon a user’s own input, efforts, circumstances, knowledge and experience.

3.5 No guarantee is given of successful results from the use of this website or the service(s) provided thereby. This website and the service(s) provided thereby merely provide the possibility that users may experience some benefit if the information and facilities provided are applied correctly.

3.6 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

3.7 No part of this Website is intended to constitute a contractual offer capable of acceptance.

3.8 Whilst JEDA PEARL CREATIVE uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

 

  1. Lawful Purposes

You may use the Website and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

 

  1. Intellectual Property

5.1 Copyright Notice: © JEDA PEARL CREATIVE, All Rights Reserved. The content of this website is protected by the copyright laws of Scotland and by international laws and conventions.

5.2 Subject to the exceptions in Clause 9 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, media, graphics, logos, icons, images, audio clips, video clips, documents, coursework, materials, data compilations, page layout, underlying code and software are the property of JEDA PEARL CREATIVE, Our affiliates or other relevant third parties. By continuing to use the Website You acknowledge that such material is protected by applicable Scottish, United Kingdom and international intellectual property and other laws.

5.3 Subject to Clauses 5.4, 5.5 and 6 You may not reproduce, copy, revise, distribute, gift, sell, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by JEDA PEARL CREATIVE.

5.4 Unless specified within an individual product or service description or client contract, ONLY Clients of JEDA PEARL CREATIVE’s copywriting and editing Services are granted the following Permission of Commercial Use Licence:
5.4.1 As per international standards, Writer retains full global copyright of original content produced. Upon completion of the project, once fees have been paid in full and subject to the following exclusions within this Clause, Writer grants Client a Permission of Commercial Use Licence for the unlimited use of Writer's provided copywriting and editing Services content: in any print media, in any language, in media now known or may in future come into existence including, without limitation, in CD-ROM and DVD format, in storage, archival and/or information retrieval systems, by way of electronic, digital media, interactive or online channels, for archival purposes and internet distribution, with no additional payment to Writer.

5.4.1.1 Exclusion A: Writer's provided content is to be used only for the purpose(s) it was commissioned for, however Client may use excerpts in related content, only for Client's own business purposes. For example, Sales Page copy excerpts may be used in Client's social media posts and email newsletters, promotional materials, sales copy, press releases related to the Sales Page content.

5.4.1.2 Exclusion B: Transfer, gift or sale of the provided content to any third party is only allowed where expressed written permission of Writer has been given. Writer reserves the right to include a new contract, licence and/or remuneration agreement signed by Writer, Client and all third parties involved, as part of Writer's permission. For example, Client may transfer provided content to staff and hired contractors (such as web developers, assistants, managers, PR service providers, journalists) for use in related content described in Exclusion A, but not give or sell content to a business partner or person who may profit from provided content without expressed written permission of Writer.

5.4.2 Client grants Writer the right to reference this project, with excerpts and/or samples, and name Client in Writer's portfolio, marketing materials and all print and digital publicity.

5.5 Unless specified within an individual product or service description or client contract, certain Service materials, such as digital course handouts and subscriber gifts are granted the following Permission of Personal Use Licence:
5.5.1 JEDA PEARL CREATIVE grants You non-exclusive and limited-use permission to download and store and / or print and use ONE personal copy.
5.5.2 You may not reproduce, copy, revise, distribute, gift, or sell or in any other fashion re-use the material unless otherwise indicated on the Website or unless given express written permission to do so by JEDA PEARL CREATIVE.

5.6 Fair Use of Our Intellectual Property: Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply {eg non-commercial archival or educational temporary copies; or public journalism, criticism or review accompanied by a sufficient acknowledgement - please refer to the legislation}.

  1. Copywriting, Editing and Consulting Services – Client Confidentiality

6.1 JEDA PEARL CREATIVE acknowledges they may be furnished or otherwise receive or have access to information which relates to the Client’s past, present or future products and services; creative works; personal information; marketing strategies; pending projects and proposals; Clients customers, affiliates or subsidiaries; and other proprietary information which gives the Client an opportunity to acquire an advantage over its competitors. JEDA PEARL CREATIVE agrees to preserve and protect the confidentiality of the proprietary information of the Client and all physical forms thereof, whether disclosed to JEDA PEARL CREATIVE before this Agreement is signed or afterward. JEDA PEARL CREATIVE shall be prohibited from discussing the Client or the work with a representative of the press, media or third party without the Client’s prior written approval.

6.2 JEDA PEARL CREATIVE’s Staff and Contractors operating under Jeda Pearl Creative are only permitted to work on Client’s projects when they have signed JEDA PEARL CREATIVE’s Company Non-Disclosure Agreement.

6.3 Such confidential information, for the purposes of this agreement, shall include any and all software, policies, client lists, customer data, articles or other information relating to Client's processing, research and development, trade secrets or business affairs, but excludes information available to the public or information that is or becomes available to JEDA PEARL CREATIVE from third parties who in making such disclosure breach no confidentiality obligation to Client.

 

  1. Material You Submit to the Website

You shall not upload, post or otherwise make available on the Website any artwork, photographs, writings, data or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with You. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by You to the Website, You automatically represent or warrant that You have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

 

  1. Intellectual Property Rights to Your Materials

8.1 We claim no intellectual property rights over the material You supply to JEDA PEARL CREATIVE. You retain copyright and any other rights You may rightfully hold in any content that You submit through the Website or Service. Content You submit to JEDA PEARL CREATIVE remains yours to the extent that you have any legal claims therein.

8.2 You agree to hold JEDA PEARL CREATIVE harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against You.

8.3 By posting material on the Website, you grant us a worldwide, royalty-free, nonexclusive, irrevocable license to use the material for informational, promotional, business development, and marketing purposes.

 

  1. Third Party Intellectual Property

9.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

9.2 Subject to Clause 10 You may not reproduce, copy, distribute, sell, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant owner, manufacturer or supplier.

9.3 If you believe that material located on or linked to by JEDA PEARL CREATIVE violates your copyright, you are encouraged to notify Us in accordance with the World Intellectual Property Organization (WIPO) Copyright Treaty. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

 

  1. Links to Other Websites

This Website may contain links to other Sites.  Unless expressly stated, these Sites are not under the control of JEDA PEARL CREATIVE or that of Our affiliates.  We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another Site on this Website does not imply any endorsement of the Sites themselves or of those in control of them.

 

  1. Affiliate Disclaimer

JEDA PEARL CREATIVE participates in affiliate relationships. We may be compensated when you purchase from an affiliate provider. Such goods and services are sold by providers we know and trust. We only act as an affiliate for goods and services that We believe will benefit You, however Our recommendation in no way provides any guarantee of your experience with recommended products and or services. JEDA PEARL CREATIVE assumes no liability for the recommendation of affiliate products and/or services.

 

  1. Links to this Website

Those wishing to place a link to this Website may do so only if accompanied by a sufficient acknowledgement: citing "Jeda Pearl" AND providing a link to either the homepage or the specific page referred to within JEDA PEARL CREATIVE's Website. We appreciate requests for permission of use. Contact us by email: jeda@jedapearl.com.

 

  1. Use of Communications Facilities and Posting Guidelines (repeated in Clause 13 of Privacy & Cookies Policy)

13.1 When using the enquiry form, blog comments form or any other System on the Website You should do so in accordance with the following rules:
13.1.1 You must not use obscene or vulgar language;
13.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
13.1.3 You must not submit Content that is intended to promote or incite violence;
13.1.4 You must not submit advertisements or promote Your business, products or services without the written permission of JEDA PEARL CREATIVE;
13.1.5 It is advised that submissions referring to or containing material, including but not limited to text, quotes, images, designs, which does not belong to You or is not Your intellectual property must be accompanied by a sufficient acknowledgement of the intellectual property owner;
13.1.6 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
13.1.7 The means by which You identify Yourself must not violate these Terms and Conditions or any applicable laws;
13.1.8 You must not impersonate other people, particularly employees and representatives of JEDA PEARL CREATIVE or Our affiliates; and
13.1.9 You must not use Our System for unauthorised mass-communication such as “spam”, "phishing" or “junk mail”.

13.2 You acknowledge that JEDA PEARL CREATIVE reserves the right to modify, monitor, moderate, unapprove, remove or delete any and all communications made to us or using Our System.

13.3 You acknowledge that JEDA PEARL CREATIVE may retain copies of any and all communications made to us or using Our System.

13.4 You acknowledge that any information post on the public blog and/or public forums will be viewable by the general public on the website.

13.5 Once posted, you cannot change or remove any comments you have submitted on our website pages and/or posts. However, if you would like to have this information removed, please contact us: jeda@jedapearl.com and we will do this for you.

 

  1. Privacy

Use of the Website is also governed by Our Privacy and Cookies Policy which is incorporated into these terms and conditions by this reference.  To view the Privacy and Cookies Policy, which incorporates Our use of Your Data We collect, please click on the link above.

 

  1. Accounts

15.1 In order to procure Services on this Website and to use certain facilities You may be required to create an Account and/or provide Payment Information (please note: we do NOT collect any of your financial details on this website - we use secure payment processors, like PayPal, to do that for us).
15.1.1 Your Account will contain certain personal details including your name, email address, username and password;
15.1.2 Your Payment Information may vary based upon Your use of the Website as We may not require payment information until You wish to make a purchase. Payment Information may include your name and address and the name and address of any gift recipients and Your Payment Method;
15.1.3 Your chosen Payment Method will be processed securely by a suitable third Party, such as PayPal.

Please refer to our Privacy Policy which includes details on the Data we collect and Cookies.

15.2 By continuing to use this Website You represent and warrant that:
15.2.1 all information You submit is accurate and truthful;
15.2.2 You have permission to submit Payment Information where permission may be required; and
15.2.3 You will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of Your representation and warranty.

15.3 It is recommended that You do not share Your Account details, particularly Your Username and password. JEDA PEARL CREATIVE accepts no liability for any losses or damages incurred as a result of Your Account details being shared by You.  If You use a shared computer, it is recommended that You do not save Your Account details in Your internet browser.

15.4 If You have reason to believe that Your Account details have been obtained by another without consent, You should contact JEDA PEARL CREATIVE immediately to suspend Your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced.  In the event that an unauthorised provision commences prior to Your notifying us of the unauthorised nature of the order or payment, JEDA PEARL CREATIVE accepts no liability or responsibility and You should make contact with the third party service provider detailed in the Purchase Information.

15.5 When choosing Your Username You are required to adhere to the terms set out above in Clause 13. Any failure to do so could result in the suspension and/or deletion of Your Account.

 

  1. Order Confirmation

16.1 JEDA PEARL CREATIVE will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

16.2 If You have a month-to-month subscription or instalment plan with JEDA PEARL CREATIVE, the subscription or instalment plan renews automatically and your credit/debit card will be charged the fees stated at the time of purchase (or the introductory rate during the introductory period).

 

  1. Payment

17.1 Any and all monies are due for payment on completion of the order or on the dates, or intervals specified in that order as may be appropriate, unless alternative arrangements are agreed between the Purchaser and JEDA PEARL CREATIVE.

17.2 JEDA PEARL CREATIVE will absorb processing fees at their end, such as PayPal's payment request fees, transaction fees and currency conversion fees, but cannot be held liable to any additional associated PayPal or bank fees, or bank charges due to insufficient funds, charged to Purchaser at their respective end.

17.3 JEDA PEARL CREATIVE are not liable for bank charges due to insufficient funds. Interest on late fees will be charged on a monthly basis, commercial interest at 2% per month.

 

  1. Refunds, Returns, Cancellation and Termination

18.1 Refund PolicyUnless specified within an individual product or service description or client contract, refunds will be given as follows:

18.1.1 All orders and payments for our copywriting, copyediting or consulting services are 100% refundable up to 14 days before the date service is scheduled to begin; copywriting or consulting services cancelled within 14 days of start date will be charged a £300 kill fee, with the outstanding balance refunded.

18.1.2 All orders and payments for our Rapid Rescue editing service are 100% refundable up to 2 working days before the customer's selected start date; thereafter no refunds will be issued.

18.1.3 Generally, refunds will not be given for digital products, downloadable upon purchase confirmation.

18.1.4 Refunds will be given within the first 10 days of commencement of live courses, classes, trainings and workshops. Thereafter, no refunds will be given.

18.1.5 You may cancel Your monthly subscription(s) at any time. Refunds will not be given for that current month of cancellation. You will not be charge from the following month onwards.

18.1.6 If no refund policy is defined, cancellations and any refund disputes will be settled on a case by case basis.

18.2 JEDA PEARL CREATIVE reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Website or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

18.3 Either JEDA PEARL CREATIVE or You may terminate Your Account. If JEDA PEARL CREATIVE terminates Your Account, You will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

18.4 If JEDA PEARL CREATIVE terminates Your Account, any current or pending orders or payments on Your Account will be cancelled and provision of Services will not commence.

18.5 JEDA PEARL CREATIVE reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision, in which case, You will be refunded any monies paid in relation to those purchases.

18.6 If You terminate Your Account any non-completed orders or payments will be cancelled and You will be refunded any monies paid in relation to those orders.

 

  1. Services, Pricing and Availability

19.1 Whilst every effort has been made to ensure that all descriptions of Services available from JEDA PEARL CREATIVE correspond to the actual Services, JEDA PEARL CREATIVE is not responsible for any variations from these descriptions. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether.  Please refer to sub-Clause 20.4 for incorrect Services.

19.2 Where appropriate, You may be required to select the required Services.

19.3 JEDA PEARL CREATIVE does not represent or warrant that such Services will be available. Availability indications are provided on the Website, however these may not take into account orders that have taken place during Your vest to the website.

19.4 All pricing information on the Website is correct at the time of going online. JEDA PEARL CREATIVE reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

19.5 In the event that prices are changed during the period between an order being placed for Services and JEDA PEARL CREATIVE processing that order and taking payment, provision of Services shall commence as per Your order and You will be charged the original price.

19.6 All prices on the Website do not include VAT. JEDA PEARL CREATIVE is not VAT registered at present.

19.7 All prices are charged in GBP. Other currencies quoted are estimations. Please refer to a reliable currency converter.

 

  1. Provision of Services

20.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

20.2 JEDA PEARL CREATIVE shall use its best endeavours to provide the Services with reasonable skill and care.

20.3 Provision of all Services shall be subject to the Terms and Conditions pertaining directly to those Services.

20.4 In the event that Services are provided that are not in conformity with Your order and thus incorrect, You should contact us immediately or within 5 days to inform us of the mistake. JEDA PEARL CREATIVE will ensure that any necessary corrections to the Services provided are made within 7 working days.

20.5 JEDA PEARL CREATIVE reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 20. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

20.5.1 Any use or enjoyment that You may have already derived from the Services;

20.5.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of JEDA PEARL CREATIVE.

Such discretion to be exercised only within the confines of the law.

 

  1. Changes to the Service and these Terms and Conditions

JEDA PEARL CREATIVE reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time You use the Website following the changes.  If JEDA PEARL CREATIVE is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by You in the future.

 

  1. Availability of the Website

22.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

22.2 JEDA PEARL CREATIVE accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

 

  1. LIMITATION OF LIABILITY

23.1 To the maximum extent permitted by law, JEDA PEARL CREATIVE accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, Punitive, exemplary or any other damages arising from the use of the Website or any information contained therein.

23.2 Additionally, JEDA PEARL CREATIVE is not liable for damages in connection with:
23.2.1 Any failure of performance, error, omission, denial or service, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure;
23.2.2 Loss of revenue, anticipated profits, business, savings, goodwill or data; and
23.2.3 Third party theft of, destruction of, unauthorised access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort or any other theory of legal liability.

23.3 Users should be aware that they use the Website and its Content at their own risk.

23.4 Nothing in these Terms and Conditions excludes or restricts JEDA PEARL CREATIVE’s liability for death or personal injury resulting from any negligence or fraud on the part of JEDA PEARL CREATIVE.

23.5 The foregoing applies even if JEDA PEARL CREATIVE has been advised or would have foreseen the damages. In those states or countries that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law, In no event shall JEDA PEARL CREATIVE’S cumulative liability to You exceed the total purchase price of the Service You have purchased from JEDA PEARL CREATIVE and if no purchase has been made by You, JEDA PEARL CREATIVE's to You shall not exceed £100.

23.6 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

 

  1. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

  1. Indemnification

You shall indemnify and hold JEDA PEARL CREATIVE harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by You of any of these Terms and Conditions, or any use by You of the Site or Service(s). You shall provide Us with such assistance, without charge, as We may request in connection with any such defence, including, without limitation, providing Us with such information, documents, records, and reasonable access to You, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

 

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

  1. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between You and JEDA PEARL CREATIVE.

 

  1. Law and Jurisdiction

These Terms and Conditions and the relationship between You and JEDA PEARL CREATIVE shall be governed by and construed in accordance with the Law of Scotland, United Kingdom and JEDA PEARL CREATIVE and You agree to submit to the exclusive jurisdiction of the Courts of Scotland, United Kingdom.

 

  1. Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

  1. Communications

30.1 All notices / communications shall be given to us either by post to Our Premises (see address above) or, preferably by email to jeda@jedapearl.com. Such notice will be deemed received 3 working days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

30.2 JEDA PEARL CREATIVE may from time to time send You information about Our products and/or services. If You do not wish to receive such information, please click on the "Unsubscribe" link within the email.