The Legal Stuff - My Bespoke Room

MY BESPOKE ROOM SERVICE TERMS

MY BESPOKE ROOM LIMITED, a company registered in England and Wales under company number 08804168, whose registered office is at 4th Floor, 86-90 Paul Street, London, EC2A 4NE, hereinafter referred to as 'MBR' or 'We' set out the following terms and conditions upon which MBR provides You, herein referred to as 'You', 'Your', 'MBR Member' or 'MBR User' a non-exclusive, non-transferable licence to use www.mybespokeroom.com (the 'Site') and the MBR Interactive Services (the 'Terms'). These Terms incorporate the Privacy Policy and the Cookie Policy by this reference (collectively called the 'Licence').

1. DEFINITIONS

The definitions to be read with the Licence being granted are set out in full at Clause 22.

2. GENERAL

2.1 By using any of the MBR Interactive Services and the Site, You expressly agree to be bound by these Terms and all applicable laws and regulations governing the Site and the MBR Interactive Services. These Terms form a legally binding agreement between You and MBR in relation to Your use of the MBR Interactive Services and applies to all MBR Members of the Site and the MBR Interactive Services as applicable. To the extent permitted by the functionality of the MBR Interactive Services and under these Terms, UGC can be uploaded and posted by a MBR Member to the Site.

2.2 As a host advertiser and provider of affordable and accessible interior design services and solutions, MBR is dedicated to facilitating an online venue whereupon MBR Members can interact with MBR and avail of an interactive, bespoke and personal service which will produce tailored and inspirational interior design options and recommendations in accordance with Your individual taste.

2.3 Subject at all times to the MBR Member not being in breach of any of these Terms, MBR offers You a number of features, including but not limited to:

  • (a) the chance to register to become an MBR Member with a MBR Login;
  • (b) the chance to have access to a MBR Account accessible via a MBR Login where You can store and access your MBR Portfolio Items;
  • (c) the ability to fill out a pre-determined online MBR Brief and submit it to MBR for MBR to create a MBR Mood Board tailored to Your MBR Brief which shall be sent to You by email;
  • (d) avail of discussion and advice in respect of Your MBR Mood Board via telephone or skype as can be arranged in advance between the parties;
  • (e) avail of any resources posted by our interior design experts such as know-how by way of guides, tools, information and links;
  • (f) benefit from the 'one-stop-shop' retail resource provided by hyperlinks on the Site which enable You to purchase the Products which appear on Your MBR Mood Board direct from Third Party Retailers via the MBR eStore; and,
  • (g) any other features that MBR may add from time to time. (the 'Interactive Services')

2.4 You should read these Terms carefully and ensure that You understand the effect before proceeding to use the Site and/ or the MBR Interactive Services. If You disagree with any part of these Terms, do not use the Site for the purpose of the MBR Interactive Services. If You violate these Terms, MBR may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You.

2.5 MBR reserves the right to change these Terms at any time without notice, effective immediately upon posting on the Site. Please check this page of the Site periodically. You agree that MBR will treat Your use of the Site and/ or the MBR Interactive Services as acceptance of these Terms including Your continued use subsequent to any changes being posted on the Site.

2.6 Words denoting an obligation on a MBR Member to do any act, matter or thing includes an obligation to procure that it be done and words placing a MBR Member under an obligation or a restriction include an obligation not to permit or allow infringement of the obligation or restriction.

3. IP LICENCE

3.1 When using the Interactive Services, if You publish any UGC via the Site by way of inputting information in to Your MBR Brief or otherwise by way of uploading text, photos, images, Links or videos, You automatically grant to MBR and any affiliates of MBR, a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the Site and the Interactive Services, including without limitation, the promotion and redistribution of all or part of Your UCG (and derivative works thereof) in any media formats and through any media channels. This IP Licence refers to that UGC that is intended by MBR to be available to MBR via the Site (save for that UGC which can be accessed indirectly via the worldwideweb search engines by virtue of You sharing Your UGC in other ways with parties other than MBR). ('IP Licence')

3.2 Unless terminated (or suspended) for reasons such as those set out in these Terms or unless MBR is no longer providing the Interactive Services to You by way of the Site, the above IP Licence granted by You shall terminate where Your Licence terminates for whatever reason, or where Your UGC is deleted off the Site by You or MBR and Your MBR Login is denied access and Your MBR Account is terminated. You can freely delete UGC from the Site by, once logged in to Your MBR Account, clicking on the account deletion function available.

3.3 You understand and acknowledge that You have no ownership rights in Your MBR Account and that if You cancel Your MBR Account or Your MBR Account is terminated, all Your information including but not limited to Your MBR Portfolio Items will be deleted from Your MBR Account and will be further deleted from any MBR archives.

3.4 You acknowledge that email messages sent over the internet are not encrypted and are not secure. Despite efforts to protect Your Data, We cannot ensure or warrant the security of any Data You transmit to us, via, to, or from our Site. MBR does not guarantee any confidentiality with respect to UGC and You understand and agree that You are solely responsible for Your own UGC and the consequences of posting or publishing it. You transmit all such Data at Your own risk.

3.5 MBR does not claim ownership of the UGC You submit or make available for inclusion on the Site. You retain all of Your ownership rights in Your UGC but You grant the limited IP Licence set out in Clause 3.1.

4. REGISTERING ON THE SITE FOR A MBR ACCOUNT

4.1 By using the Site, You warrant that You are legally capable of entering into binding contracts and that You are eighteen (18) years old or above, otherwise Your actions must be led and supervised by a suitable guardian who meets this criteria.

4.2 To make optimum use of the Site and the MBR Interactive Services, MBR Users can register for MBR Membership and avail of a MBR Account which shall be accessible by way of a MBR Login.

4.3 If You are registering on behalf of a business entity, You represent and warrant that You have authority to bind the entity to these Terms. Without prejudice to Your warranty, We reserve the right to ask You for written authority from the business entity before registering any business entity.

4.4 To make use of the Site and the Interactive Services, You are required to fill out certain Registration Information via a MBR Registration Form. The Data that You provide must be true, accurate and complete at all times. MBR reserves the right to decline any application in its entire sole discretion.

4.5 Once registered as a MBR Member Your email and password will represent Your MBR Login which You can use to access Your MBR Account via the Site in accordance with these Terms.

4.6 You will keep Your MBR Login relevant to the Site and the Interactive Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your MBR Login. We do not have the means to check the identities of MBR Members using the Site and will not be liable where Your MBR Login is unlawfully used by another. You agree to notify MBR immediately by email at theteam@mybespokeroom.com of any unauthorised use of Your MBR Login or Your MBR Account of which You become aware (with "IMPORTANT" in the subject line). You will not create additional MBR Accounts for the purpose of abusing the functionality of the Site or other registered MBR Members or for any other reason in breach of these Terms.

4.7 You can cancel Your relationship with MBR at any time by requesting that MBR deactivates Your MBR Account and terminates Your MBR Membership by sending an email request to theteam@mybespokeroom.com with "URGENT – TERMINATION REQUEST" in the subject line. This process will take around forty-eight (48) hours to complete during Working Hours only.

4.8 Although MBR cannot monitor the conduct of MBR Members off the Site, it is a violation to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any MBR Member without their prior explicit consent.

4.9 You may not transfer ownership or sell Your MBR Account or Your MBR Membership to a third party.

4.10 Where MBR has reason to believe that You have breached any provision of the Licence, MBR reserves the right to disable Your MBR Login, suspend Your access to the Site and MBR Membership privileges and/or terminate Your MBR Account. This includes all MBR Memberships and MBR Accounts by virtue of association with or without notice or cause and at MBR's sole discretion.

4.11 For the avoidance of doubt, You shall have no access to most of the functionality offered by the Site and the Interactive Services if You choose not to register.

5. USING THE MBR INTERACTIVE SERVICES & THE MBR eSTORE

5.1 Once You become a registered MBR Member, it is easy to make optimum use of what MBR has to offer. You simply need to fill out the online MBR Brief and submit it to MBR via the Site and our expert interior designers will do the rest!

5.2 Upon receipt of Your MBR Brief, We will put our interior design experts to work in researching and collating various options and recommendations for incorporation in to Your MBR Mood Board in line with Your MBR Brief. Your MBR Mood Board will provide You with various options to complete Your interior design project.

5.3 Once completed to our satisfaction, We aim to provide You with Your MBR Mood Board within ten (10) Working Days of Your submission to us, however We spare no time and expertise in getting a job done right so if We feel Your MBR Mood Board requires extra special attention, MBR reserve the right to take up to twenty (20) Working Days.

5.4 Our MBR Mood Boards provide You with access to the MBR eStore whereby each Product featured as an option or recommendation will feature an embedded link which if clicked on, will transport You to the relevant Third Party Retailer Site. All Products on the MBR eStore are owned or licensed to our Third Party Retailers and all purchases of such Products shall take place off the Site on the Third Party Retailer Site and are subject to the Third Party Retailer Terms wherein the respective obligations of You as the buyer and the Third Party Retailer as the seller including information on refunds, cancellations, returns and exchanges are set out in full or by way of enquiry.

5.5 You must satisfy Yourself as to the acceptability of such Third Party Retailer Terms prior to making a purchase. Consequently, You release MBR (and our agents and employees) from any Claims asserted against, or Losses suffered by, You (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Product You may purchase from a Third Party Retailer and any Third Party Retailer Site and Third party Retailer Terms notwithstanding the fact that You first viewed the Product on the MBR Mood Board and clicked on the link embedded therein and originating from within the MBR Mood Board before being transferred to the Third Party Retailer Site to complete the purchase.

5.6 MBR cannot make any guarantees to You as to the quality or merchantability of a Product or that the picture of the Product or the Product Details are accurate in all respects and are not false nor misleading which is a Third Party Retailer's sole responsibility.

6. COMPLAINTS

MBR tries to meet the highest standards when providing the Site and the Interactive Services. We take any Complaints We receive about this very seriously. We encourage people to bring any Complaints to our attention and We welcome any suggestions for improving our procedures. We will try and solve any disagreements quickly and efficiently. If You are not happy with the way MBR deals with any Complaint and You wish to take court proceedings, You must do this within England. Relevant English law will apply to this Licence in accordance with Clause 21.

7. MBR FEES

7.1 Once You fill out Your MBR Brief, You will be invited to pay the MBR Fees which can be found on the Site here. You authorise MBR to charge and collect the full amount of the MBR Fees in consideration for the services it performs under this Agreement. Where MBR Fees are stated as exclusive of VAT, it shall be paid in addition by You.

7.2 All MBR Fees are reviewable by MBR and any revised fees and charges shall take immediate effect on written notice to Client.

7.3 No refund shall be given once the Interactive Services are deemed to have commenced which shall be the time when You submit Your MBR Brief to MBR via the Site.

8. CONTENT ON THE SITE

With the exception of UGC submitted to the Site by You, all other content and the selection and arrangement of such content on the Site is either proprietary and is owned by or licensed to MBR ('MBR Content'), and is subject to copyright, trade mark rights, and other intellectual property rights of MBR and MBR licensors. This includes but is not limited to products, graphics, user interface, audio clips, editorial content and software Such MBR Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on MBR Content not uploaded or posted by You are trade or service marks of their respective owners. Such MBR Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of MBR or, where applicable, MBR licensors. MBR and its licensors reserve all rights not expressly granted in and to the MBR Content.

9. COPYRIGHT

We will terminate the privileges of any MBR User who uses this Site to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. In particular, MBR Members who submit UGC to this Site must ensure that the UGC they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the MBR Member that they have used this Site as an instrument of unlawful infringement, We will terminate the infringing MBR Member's rights to use and/or access this Site.

10. GENERAL RESTRICTIONS ON USE

Subject to the following express restrictions, MBR grants You permission to access and use the Site and the MBR Interactive Services. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for Your own personal, non-commercial use. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of these Terms on Your part. You agree:

  • (a) not to sell, license, rent, distribute or otherwise exploit any UGC or MBR Content for any other purposes without the prior written consent of MBR or the respective licensors of the UGC or the MBR Content;
  • (b) not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of the Site or the MBR Interactive Services, including but not limited to any UGC or MBR Content, in any medium without MBR's prior written authorisation, unless MBR makes available the means for such activity through the functionality offered by the MBR Interactive Services;
  • (c) not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
  • (d) not to establish a link to our Site in any website that is not owned by You;
  • (e) not to alter or modify any part of the Site or any of the MBR Interactive Services or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • (f) not to access UGC or MBR Content through any technology or means other than the Site itself or such other means as MBR may explicitly designate for this purpose;
  • (g) not to access or attempt to use the MBR Code or MBR Login of other MBR Users or penetrate or attempt to penetrate MBR's security measures;
  • (h) not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or the MBR Interactive Services or features that (i) prevent or restrict use or copying of UGC or MBR Content; or, (ii) enforce limitations on the use of the MBR Interactive Services or the accessible UGC or MBR Content.
  • (i) not to use any area of the Site or the MBR Interactive Services for any commercial purposes other than to sell and bid on the specific MBR Listing per se. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Site and barring anyone breaching this provision from future use of the Site and the MBR Interactive Services. We reserve the right to block access to this Site with respect to any MBR User who is known or reasonably believed to be (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching these terms, or infringing MBR's rights. Breaching any terms on the Site will be deemed to be a breach of the Licence.
  • (j) not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, viruses, trojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;
  • (k) not to attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;
  • (l) not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any MBR User of the Site or the MBR Interactive Services;
  • (m) not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching certain provisions above, 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 by disclosing Your identity to them. In the event of such a breach, Your right to use our Site will cease immediately. You are responsible for configuring Your information technology, computer programmes and platform in order to access our Site. You should use Your own virus protection software.

11. PROHIBITED CONTENT

The following is a partial list of content which is illegal or prohibited on the Site. You agree that You will not submit any UGC to the Site that:

  • (a) is patently offensive, such that it promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • (b) could be harmful to minors or vulnerable adults;
  • (c) could be seen to incite abusive behaviour another person;
  • (d) constitutes Inappropriate Content;
  • (e) harasses or advocates harassment of another person;
  • (f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • (g) promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • (h) promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • (i) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • (j) displays pornographic or sexually explicit material of any kind;
  • (k) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits Data from anyone under 18;
  • (l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • (m) solicits passwords or personal identifying information for commercial or unlawful purposes from other MBR Members; and,
  • (n) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.

12. PRIVACY AND CONFIDENTIALITY

MBR Members hereby agree that by releasing any Data on or via the Site, You acknowledge that You are wilfully providing the same. As a MBR Member, You understand that by accepting the terms of the Licence that by releasing Your personal details or by initiating contact on the Site, You do so at Your own risk and by doing so it is understood that You will forfeit Your privacy and anonymity to the extent necessary to utilise the Interactive Services. These Terms incorporate our Privacy Policy and Cookie Policy by this reference which applies in full to Your use of the Site and the Interactive Services.

13. AVAILABILITY AND SECURITY OF THE SITE

MBR does not warrant the validity and accuracy of information on the Site, the Interactive Services, Third party Retailer Sites or that the Site is kept up-to-date. The Site and its content and the Interactive Services are delivered on an "as-is" and "as-available" basis. You acknowledge that the Site is provided to You over the internet and relies on unrelated third parties such as Site hosting providers, network providers etc the activities of which are outside of MBR's reasonable control. MBR shall use reasonable efforts to ensure that the Site, the Interactive Services and any information it holds on You are kept secure. However, due to the nature of the internet, MBR does not represent or warrant to You that:

  • (a) Your use of the Site and/ or the Interactive Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any UGC or MBR Content, search or link on it;
  • (b) any information obtained or downloaded by You as a result of Your use of the Interactive Services (including Third Party Retailer Site links) will be accurate, reliable or free of viruses or contamination or destructive features;
  • (c) Your shared UGC will not be used by a third party in various ways on or off the Site; and
  • (d) there will not be any defects in the operation or functionality of any software provided to You as part of the Site.

14. THIRD PARTY LINKS, THIRD PARTY CONTENT AND SEARCH RESULTS

The Site may enable access to third party websites and services by way of hyperlinks or produce search results that reference or link to third party content on websites throughout the World Wide Web. These are provided for Your ease of reference only and MBR does 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 the websites are accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your Device. Such third party links may require You to accept additional terms. By using the Site to search for or link to a website, You agree and understand that You may not make any claim against MBR for any damages or losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to a website. MBR advises You to read the terms and conditions of any website that You are transferred to. You agree to use third party links at Your sole risk and that neither MBR nor its agents shall have any liability to You for content that may be found to be Inappropriate Content.

15. TERM, SUSPENSION AND TERMINATION

15.1 This Licence shall remain in full force and effect to the extent that a MBR User (whether registered as a MBR Member or not) makes use of the Site and/ or the MBR Interactive Services (including during which any UGC remains displayed on, or stored by, the Site) unless terminated by You or by MBR in accordance with the Terms herein or where MBR no longer provides You with the Interactive Services or when You no longer use the Site.

15.2 If You fail, or MBR has strong grounds to believe that You have failed, to comply with any of the provisions of this Licence, MBR, at its sole discretion, without notice to You may terminate this Licence and/or Your MBR Membership and delete Your MBR Account.

15.3 You acknowledge that MBR has no obligation to monitor any UGC or other MBR Content provided by MBR Members or Third Party Retailers. You further understand and agree that in MBR's sole discretion, and without prior notice, MBR may terminate the Licence with You and may therefore choose to suspend or terminate Your access to the Site and the Interactive Services at any time or exercise any other remedy available and modify or delete any unauthorised UGC, if MBR believes that the UGC You have provided is inconsistent with this Licence or has violated the rights of MBR or a MBR Member. You are solely responsible for and bear the legal risk associated with such UGC anywhere in the world.

15.4 MBR may release MBR Member information if required by law, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.

15.5 You agree that monetary damages may not provide a sufficient remedy to MBR for violations of this Licence and You consent to injunctive or other equitable relief for such violations.

15.6 You acknowledge and agree that to improve the Site and/ or the Interactive Services, MBR may stop (permanently or temporarily) providing the Interactive Services (or any features within the Interactive Services) to You generally at MBR's sole discretion, without prior notice to You.

16. WARRANTIES AND INDEMNITIES

16.1 MBR cannot make any guarantees to MBR Members with regards to those things outside of MBR's control. For the avoidance of doubt, MBR:

  • (a) has no control over the quality, morality, safety or legality of a Product featuring in the eStore in accordance with Clause 5;
  • (b) is not legally privy to any purchase contract that may ensue between MBR Members and a Third Party Retailer outside of the Site in accordance with Clause 5;
  • (c) does not guarantee that Your use of the Interactive Services via the Site will meet Your personal requirements; and,
  • (d) does not warrant availability or security of the Site in accordance with Clause 13.

16.2 MBR Members warrant, represent and undertake to MBR that You:

  • (a) have (and will continue to have whilst the UGC remains posted on the Site) all necessary licences, rights, consents, and permissions which are required to enable MBR to use or display Your UGC in the manner contemplated by the IP Licence granted in Clause 3;
  • (b) will comply with all applicable laws, Codes of Practice and Legislation;
  • (c) will comply with any guidelines provided or reasonable instructions issued by us from time to time in respect of Your use of the Site;
  • (d) are solely responsible for any breach of Your obligations under the Licence due to Your act, omission, default or Your failure to comply with any of Your obligations under this Licence and for the consequences of any such breach or failure;
  • (e) will comply with any Third Party Retailer Terms in the event You purchase a Product from a Third Party Retailer Site via the MBR eStore;
  • (f) will not post nor upload any UGC which contains material which is unlawful for You to possess, or which it would be unlawful for MBR to use or possess in connection with the provision of the Interactive Services;
  • (g) ensure all information provided to MBR in respect of itself (when applying to become a MBR Member or at any time thereafter) and in respect of the Site is true and accurate in all respects;
  • (h) will comply in particular at all times with Clauses 5, 10, 11 and 12 of this Licence relating to the MBR eStore, General Restrictions on Use, Prohibited Content and Privacy and Confidentiality; and,
  • (i) will keep Your MBR Login details secure and confidential.

16.3 As the context permits, We make no warranty, and hereby expressly disclaim any liability to You and You agree that You have no Claims against MBR in connection with any Losses incurred or suffered by You:

  • (a) due to the acts, omissions and conduct of any third party users in connection with or otherwise related to Your use of the Site and/ or the Interactive Services;
  • (b) because the Registration Information You input into Your MBR Registration Form is inaccurate or incomplete;
  • (c) due to Your failure or inability to download, install, access or use the Interactive Services or any Site functionality at any point in time, or, where the Site is unavailable at any time for any period;
  • (d) caused by a virus or other technologically harmful material that may infect Your device due to Your use of the Site;
  • (e) connected to any linked third party website or any statements, information, content, products or services that are published on, or may be accessible from, any linked third party website including any third party customer/ client facing policies/ contractual terms;
  • (f) due to any changes which MBR may make to the Interactive Services, or for any permanent or temporary cessation in the provision of the Interactive Services (or any features within the Interactive Services);
  • (g) the deletion of, corruption of, or failure to store, any UGC and other communications data maintained or transmitted by or through Your use of the Site;
  • (h) due to any errors or omissions in our Site;
  • (i) due to any unauthorised access or loss of Data that is beyond our control; and,
  • (j) the availability of third party sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, content, products (including Products) or other materials on, or available from, such websites or resources.

16.4 A MBR Member shall indemnify and hold harmless MBR on demand, and shall keep MBR fully and effectively indemnified against any and all Losses incurred by or asserted against MBR, arising out of or in connection with:

  • (a) any breach of the Licence by a MBR Member or the acts or omissions of a MBR Member (other than and to the extent that any losses arise directly from breach of these Terms by MBR or by MBR' negligence);
  • (b) any action or claim that any part of the UGC uploaded by a MBR Member to the Site is infringing the Intellectual Property Rights of a third party or is deemed Inappropriate Content;
  • (c) any breach by a third party arising out of Your use of the Site and/ or the Interactive Services.

16.5 Subject to Clause 16.6, We shall in no circumstances be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or the Interactive Services. Our liability to You whether in contract, tort or otherwise shall be limited to the MBR Fees paid by You to MBR.

16.6 Nothing in these Terms is intended nor shall it be construed as an attempt by any party to exclude or limit any liability for:

  • (a) fraudulent misrepresentations;
  • (b) any liability where the law does not permit such exclusion of liability; and,
  • (c) death or personal injury arising from negligence.

16.7 Except as expressly set out in this Licence, MBR gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.

17. ENTIRE TERMS/SEVERABILITY

These Terms incorporate the Privacy Policy and Cookie Policy which together constitute the entire agreement between You and MBR in relation to Your use of the Site and/ or the MBR Interactive Services and supersedes any prior representations, inducements or agreements relating to its subject matter. Should the courts strike-out as invalid or unenforceable or otherwise alter any part of these Terms, the remaining terms shall remain valid and in force.

18. ASSIGNMENT

These Terms shall be personal to You and You may not assign, transfer or delegate all or any of Your rights and obligations, without MBR's prior written consent. MBR reserves the right to assign or transfer all or any of its rights and obligations under these Terms to any companies in the same group as MBR or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.

19. NO WAIVER

Failure by either MBR or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

20. THIRD PARTY RIGHTS

You may enforce these Terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the "Act"). Except as provided above, these Terms do not create any right enforceable by any person who is not a party to it under the Act, but do not affect any right or remedy that a third party has which exists or is available apart from that Act.

21. LAW AND JURISDICTION

All of these Terms are governed by English Law and any disputes arising in relation to these Terms and/or the Site are subject to the exclusive jurisdiction of the English Courts.

22. DEFINITIONS

In this Licence (except where the context otherwise requires) the following words shall have the following meanings:

  • Business Day: any day (other than a Saturday or Sunday) when banks are generally open for normal business in the UK.
  • Claims: means all demands, claims and liability (actual and consequential and direct and indirect and whether known and unknown, suspected and unsuspected, disclosed and undisclosed, criminal or civil, in contract, tort or otherwise for all Losses including any other expenses of any nature whatsoever.
  • Codes of Practice: refers to all legal and regulatory codes (including for these purposes ancillary rules of procedure, guidance notes, directions, policies and advice) published by regulatory authorities or other industry professional bodies including without limitation the Advertising Standards Authority (specifically, the 12th edition of the UK Code of Non-Broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code)), Trading Standards, the Office of Fair Trading, the Direct Marketing Association, the Information Commissioners Office, DBERR and other trade bodies, to be construed as to include any and all references to any amendments, modifications or consolidations constituting the most up-to-date versions thereof.
  • Complaint: means any dissatisfaction expressed by a MBR Member as against MBR in connection with the provision of the Interactive Services.
  • Data: shall mean for the purposes of this Licence 'Personal Data' as defined in the Data Protection Legislation as well as all financial data.
  • Data Protection Legislation: the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all Applicable laws and regulations relating to the processing of Data and privacy, including where Applicable the guidance and codes of practice issued by the Information Commissioner.
  • Inappropriate Content: means any material of any nature which is or which contains material which: (a) is in contravention of any law, statute, regulation, directive and/or subordinate legislation; and/or (b) is defamatory, libellous, obscene, unlawful or which would, if published, be in contempt of court; and/or (c) material which infringes the Intellectual Property Rights of a third party; and/or (d) is a virus.
  • Intellectual Property Rights: database rights, patents, user interface rights, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
  • Interactive Services: refers to those services listed in in Clause 2.3 as may be added to or amended from time to time.
  • Legislation: all Applicable laws, Acts of Parliament and Treaties and all orders, regulations, directives, conventions and subordinate legislation made pursuant to such an Act or Treaty or otherwise having the force of law relating to this industry and off and virtual activity (including where Applicable, technologically neutral legislation) including but not limited to the Electronic Commerce (EC Directive) Regulations 2002; the Provision of Services Regulations (2009); Consumer Protection (Distance Selling) Regulations 2000; the Unfair Terms in Consumer Contracts Regulations 1999; the Consumer Protection from Unfair Trading Regulations (2008); the Business Protection from Misleading Marketing Regulations (2008) and laws of contempt of court, obscenity, racial hatred and defamation, to be construed as including references to any amendment, modification, consolidation or re-enactment for the time being in force.
  • Losses: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
  • MBR Account: means the secure account created upon registration from where a MBR Member can access the Site and the Interactive Services via their MBR Login.
  • MBR eStore: refers to the virtual embedded links in the Products forming part of the MBR Mood Board which can be clicked on in order to be transported to the relevant Third Party Retailer Site.
  • MBR Fees: refers to the fees charged by MBR in respect of the production of the MBR Mood Board as referred to at Clause 7.
  • MBR Login: refers to the username and unique password a registered MBR Member uses to access their MBR Account.
  • MBR Member(s): refers to a registered user who has valid MBR Membership who is likely to be a parent, guardian, carer or other responsible adult.
  • MBR Membership: refers to the membership required to access the Site and to avail of the Interactive Services generally.
  • MBR Mood Board: refers to what We create for You in line with your MBR Brief which includes various options and recommendations put together by our Expert interior designers inclusive of embedded links to the Sites of our Third Party Retailers.
  • MBR Portfolio Items: refers to the material and information stored in, and accessible in, Your MBR Account including but not limited to Your MBR Brief(s) and MBR Mood Board(s).
  • MBR Registration Form: refers to the registration form required to be filled in by a user to complete MBR Membership.
  • MBR User: includes anyone who uses the Site (whether registered or not) including a MBR Visitor and an MBR Member.
  • MBR Visitor: refers to the person who visits the Site but does not progress to verification and registration for MBR Membership.
  • Product: refers to the product available for purchase via the eStore.
  • Product Details: refers to the details pertaining to the Product.
  • Third Party Retailer: refers to a third party who is authorised by MBR to sell Products in the MBR eStore.
  • Third Party Retailer Terms: refers to the purchase terms governing the sale and purchase of a Product via the eStore owned and operated by the Third Party Retailer.
  • Third Party Retailer Site: refers to the website owned or operated by a Third Party Retailer access to which may be provided on the Site by way of a Hyperlink.
  • Registration Information: refers to the registration information collected by MBR in the MBR Registration Form as further detailed in the Privacy Policy.
  • UGC: means content provided/ generated by a MBR Member, uploaded, embedded or otherwise displayed and/ or stored on the Site which may include but is not limited to text, articles, images, Listings, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site for use by MBR and MBR Members where applicable (including the information provided by You for insertion in to the MBR Brief).
  • VAT: means value added tax chargeable under English law for the time being and any similar additional tax.
  • Working Hours: Monday to Friday 9am – 5pm during Business Days.

MY BESPOKE ROOM PRIVACY POLICY

MY BESPOKE ROOM LIMITED, a company registered in England and Wales under company number 08804168, whose registered office is at 4th Floor, 86-90 Paul Street, London, EC2A 4NE, hereinafter referred to as 'MBR' or 'We' have created this privacy statement ('Statement') in order to demonstrate our firm commitment to the privacy of the details that You provide to us when using www.mybespokeroom.com (the 'Site') and the MBR Interactive Services. In this Statement, references to 'You' and 'Your' are references to the MBR User. When You use the MBR Interactive Services, You are consenting to the practices set forth in this Statement.

Unless otherwise indicated, all definitions used in the My Bespoke Room Service Terms shall apply to this Statement.

We know that Your privacy is very important to You which makes it very important to us. We aim to be as clear as possible in this Statement in respect of Your Data. This Statement applies inter alia to Your Data that We collect about You when You use the Site, how and when it is used, how We protect it and who has access to it. This Statement incorporates the Cookie Policy and the MBR Service Terms by this reference (together the 'Licence').

1. YOUR ACCEPTANCE OF THE STATEMENT

This Statement governs Your use of the MBR Interactive Services, including any dispute concerning privacy. By using the MBR Interactive Services, You accept this Statement in full. You should read the Statement carefully and ensure that You understand its effect before proceeding to use the Site and the MBR Interactive Services. We reserve the right to modify this Statement at any time without notice by posting the changes on this page. Your continued use of any portion of the Site following the posting of the updated Statement will constitute Your acceptance of the changes.

2. WHAT INFORMATION IS COLLECTED & HOW?

A. PERSONAL DATA (OTHER THAN FINANCIAL AND AS DEFINED IN THE DATA PROTECTION LEGISLATION)

2.1 The Site asks You to provide various types of Data to enhance the quality of the MBR Interactive Services We can provide to You and the more accurate the information You provide, the better We are able to respond to Your requirements! As part of the process of using the Site and the MBR Interactive Services, We may collect the following types of Data about You (as applicable):

  • Your email for the verification process;
  • Your Registration Information for the MBR Registration Form;
  • Your Payment Details i.e. Your bank name, account number and sort code;
  • Your visits to the Site and the MBR Content that You download; and,
  • Your UGC that You may upload or submit to the Site by way of e.g. Your MBR Brief.

B. FINANCIAL DATA

2.2 When You are paying the MBR Fees, We use PayPal as a third party partner to process payments ('Payment Processor'). You will be required to provide the Payment Processor with Financial Data (i.e. Your banking details) in order to authorise payments and to receive payments. When You purchase our services to create a MBR Mood Board for You, Your consent is given to provide Your Data to the Payment Processor directly as a necessary part of using the Interactive Services. The policies of the Payment Processor will be applicable as between You and them. Except as provided here, We will not share Financial Data with third parties without Your prior consent.

C. OTHER DATA

2.3 Other de-personalised data which does not record Data as such, rather information such as the date of Your visit to the Site, the path taken, the browser used, the IP address etc is used primarily to aid the technical administration of the Site, to better understand how the Site is functioning for MBR Users and to draw conclusions upon demographic information.

3. HOW IS THE INFORMATION USED?

3.1 Your Data may need to be passed on to third party companies or service providers for the sole purpose of fulfilling the MBR Interactive Services only and not for the purposes of making marketing communications, unless You have expressly consented to this being undertaken by a third party. You are under no obligation to provide such Data to us, however, if You choose not to, some of the MBR Interactive Services may not be available to You.

3.2 You acknowledge that Your Data may be used by MBR to contact a MBR Member by post, phone or by electronic mail when necessary in connection with Your use of the Site and the MBR Interactive Services. MBR reserves the right to contact a MBR Member in respect of a MBR Membership, an MBR Account or otherwise related thereto.

3.3 From time to time, MBR may contact You by electronic mail by way of sending You one or more of the following:

  • (a) a MBR Mood Board;
  • (b) an invoice; or,
  • (c) any other newsletter or information or offers regarding upcoming promotions, MBR Blogs, MBR Interactive Services or customer surveys. When You register to become a MBR Member, You give us Your consent to do this. If You change Your mind, You can opt out of receiving some but not all of this in accordance with this Statement. For example, to the extent that You request the MBR Interactive Services, You cannot opt out of receiving (a) to (c) as these are a necessary part of receiving the MBR Interactive Services. You can however opt out of receiving direct marketing communications from MBR as described below.

3.4 Your Data is used solely by MBR for the sole purpose of enabling MBR to act as a service provider to You and is not shared with any person or company without Your express consent.

3.5 Any Data that is held with MBR shall be retained in accordance with the Data Protection Act 1998 and related Data Protection Legislation and/ or our retention and destruction policy culminating in its permanent deletion.

3.6 If Data has been passed to third parties with Your consent, You may need to contact them separately if You change Your mind in relation to their use of Your Data.

OPTING OUT: If You do not wish to be contacted by MBR in respect of future marketing communications (excluding Clause 3.3 (a) – (c) which cannot be opted out of), We will give You the opportunity to unsubscribe to the receipt of such communications through a link to an unsubscribe checkbox in every electronic mail communication that We send to You. Alternatively and additionally, You can contact MBR by sending an email to theteam@mybespokeroom.com with "URGENT – UNSUBSCRIBE REQUEST" in the subject line or send Your request by post to MBR at the contact address below.

4. WHO HAS ACCESS TO YOUR DATA?

4.1 To minimise the risk of unauthorised access to Your Data, We use some of Your Data to authenticate You when using the Site and the MBR Interactive Services.

4.2 For our daily operations, We may use the services of third parties to provide some of our business and operational functions. Consequently, We may need to disclose Your information to them to provide You with the MBR Interactive Services.

4.3 Disclosure of Your Data in Compliance with Laws

You should be aware that We may release Your Data when We believe it is necessary to comply with laws or regulations, to assist law enforcement, to enforce the terms under which You transact or communicate with or via MBR, or to protect the rights, property or safety of MBR, MBR Users or third parties.

4.4 Transfer of Your Data outside of the EEA

From time to time, We may transfer Your Data to a related company, agent or contractor in order to improve our MBR Interactive Services or to assist our security, credit risk or fraud protection activities. Such companies may be located outside of the EEA and You consent to the transfer of Your Data to such companies for the purposes set out here in accordance with this Statement and as permitted by the Data Protection Legislation from time to time.

4.5 Transfer of Data in the Event of the Sale of My Bespoke Room Limited or its Assets

In the event that My Bespoke Room Limited is sold or transfers some of its assets to another party, Your Data could be one of the transferred assets. If Your Data is transferred, its use will remain subject to this Statement. Your Data will be passed on to a successor in interest in the event of a liquidation or administration of MBR.

4.6 Other Sites and their Privacy Policies and Cookie Policies

The Site may contain links to other websites. MBR is not responsible for the privacy practices or the content of such websites or for the privacy policies, cookie policies and practices of other third parties, so You should be careful to read and understand those website policies independently.

5. HOW DO WE PROTECT YOUR DATA & FOR HOW LONG?

5.1 The privacy and protection of Your Data is important to us. In addition, any MBR User statistics that We may provide to prospective partners regarding Your usage of the MBR Interactive Services are provided in the aggregate only and do not include any individually identifiable data.

5.2 You acknowledge that email messages sent over the internet are not encrypted and are not secure. Despite efforts to protect Your Data, We cannot ensure or warrant the security of any Data You transmit to us, via, to, or from our Site. You accept that MBR cannot be held liable for any breaches of confidentiality that may occur as a result of the use of email. If there is any sensitive or confidential Data which You do not wish to communicate by email, please contact MBR by telephone or post to arrange an alternative method of communication. You transmit all Your Data at Your own risk.

5.3 Once Your Data is submitted, We have security procedures in place to protect the loss, misuse and alteration of the Data under their control. 128 bit industry standard Secure Server Software (SSL) is used as a minimum standard which encrypts all of Your Data in respect of a Your payment details including Your name, and address, so that it cannot be read as it travels over the Internet.

5.4 How long We keep Your Data collected through our Site depends on the context in which You provide it and the purpose for which We use it. We will only retain it for as long as is necessary for such purposes. We will keep records of any purchasing activities for up to six (6) years. We may send You direct marketing communications for as long as You do not unsubscribe from receiving the same from MBR.

5.5 You understand and acknowledge that You have no ownership rights in Your MBR Account and that if You cancel the same, the same will be terminated and all Your information will be deleted from Your MBR Account and will be further deleted from any MBR archives in accordance with Clause 5.4. Your Data may continue to be retained by authorised third parties such as the relevant Payment Processor for limited purposes only.

5.6 Telephone calls: If You call any of the customer service telephone numbers quoted on this Site, We may record Your call. These recordings are used for training and quality control to ensure that We continuously monitor and improve our customer service standards.

6. COOKIES

For information about cookies and how they are used on this Site, please visit our Cookie Policy.

7. COMPLAINTS OR QUERIES

MBR tries to meet the highest standards when collecting and using Data. For this reason, We take any complaints We receive about this very seriously. We encourage You to bring it to our attention if You think that our collection or use of Your Data is unfair, misleading or inappropriate. We would also welcome any suggestions for improving our procedures. This Statement does not provide exhaustive detail of all aspects of MBR's collection and use of Data. However, We are happy to provide any additional information or explanation needed. Any requests for this should be sent to the address below. If You are not happy with the way in which Your Data is being handled by MBR, You can complain to the Information Commissioner whose details can be found at: http://www.ico.org.uk/

8. ACCESS TO YOUR DATA

MBR tries to be as open as it can be in terms of giving people access to their Data. Individuals can find out if We hold any Data by making a 'subject access request' under the Data Protection Act 1998. If We do hold Data about You, We will let You have a copy of that Data. To make a request to MBR for any Data that We may hold, You need to put the request in writing addressing it to the address provided below. They may be an administrative charge applied in accordance with the applicable legislation.

9. HOW TO CONTACT US

Requests for information about our Statement or a 'subject access request' can be emailed to theteam@mybespokeroom.com or by writing to:

My Bespoke Room Limited
(Internal Compliance Department)
4th Floor
86-90 Paul Street,
London
EC2A 4NE

10. CHANGES TO THIS STATEMENT

We keep our Statement under regular review. This Statement was last updated on 21 January 2014.

MY BESPOKE ROOM COOKIE POLICY

Our website uses cookies or similar technologies. MY BESPOKE ROOM LIMITED, a company registered in England and Wales under company number 08804168, whose registered office is at 4th Floor, 86-90 Paul Street, London, EC2A 4NE, herein after referred to as 'MBR' or 'We' have created this cookie policy ('Cookie Policy') in order to demonstrate our firm commitment to disclosing to You the data that We collect about You online emanating from Your use of our Site at www.mybespokeroom.com. By using our Site and agreeing to this Cookie Policy, You consent to our use of cookies in accordance with the terms of this Cookie Policy. In this Cookie Policy, references to 'You' and 'Your' are references to a MBR User (whether registered as a MBR Member or not).

Unless otherwise indicated, all definitions used in the My Bespoke Room Service Terms shall apply to this Cookie Policy.

We ask You to consent to our use of cookies in accordance with the terms of this Cookie Policy when you first visit our Site. When You use the Site, You agree that this Cookie Policy applies to that use in addition to any other terms and conditions which may apply including those contained in the Privacy Policy and the Service Terms, which are incorporated by these references. MBR reserves the right to change this Cookie Policy at any time without notice, effective immediately upon posting on the Site. Please check this page of the Site periodically. Read it carefully and ensure that You understand its effect before proceeding to use the Site. Your continued use of the Site is taken as meaning that You agree to such changes or updates.

1. WHAT IS A COOKIE?

A cookie is a small text file that some websites store via the browser on Your computer's hard drive when You visit them. Cookies are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the Site. Some expire at the end of Your session on the Site, others will remain on Your computer for a little longer. When You return to websites or visit websites that use the same cookies, these cookies and therefore Your browsing device, are recognised. Cookies do lots of different and useful jobs like letting You navigate between pages efficiently, remembering Your preferences and generally improving Your browsing experience. Cookies can also be used to customise areas of content online to be more relevant to You and Your interests. We use cookies on our Site to make Your browsing experience better. By using this Site, You accept our use of cookies.

2. FIRST PARTY COOKIES

First-party cookies are cookies set by the specific website You visit i.e. the website displayed in the URL window.

3. THIRD PARTY COOKIES

Third party cookies are set by third party services that appear on our pages. They are set by the operators of that service and are not in our control. They are set by e.g. Twitter, Facebook and other advertisers or file sharing platforms. They may use the information they obtain from Your use of their cookies to track Your browser across multiple websites; to build a profile of your web surfing; or, to target advertisements which may be of particular interest to You.

4. COOKIE CATEGORIES

The type of cookies used on websites can be put into 1 of 4 categories, based on the International Chamber of Commerce guide to cookie categories.

  • A. Strictly Necessary Cookies: These cookies are essential, as they enable You to move around a website and use its features, such as accessing secure areas. Without these cookies, the Services You have asked for (such as access to secure areas) cannot be provided. These cookies don't gather information about You that could be used for marketing or remembering where You have been on the internet. These cannot be restricted or blocked.
  • B. Performance Cookies: These cookies collect information about how You use a website, for example which pages You go to most often and if You get any error messages from certain pages. These cookies do not gather information that identifies You. All information these cookies collect is anonymous and is only used to improve how a website works. These cookies are not used to target You with online advertising. Without these cookies we cannot learn how our Site is performing and make relevant improvements that could better Your browsing experience. These can be restricted or blocked.
  • C. Functionality & Profile Cookies: These cookies allow a website to remember choices You make (such as Your user name, language or the region You are in) and tailor the website to provide enhanced features and content for You. For instance, they remember Your login details and allow You to watch videos. They also ensure the onsite marketing and experience is relevant to You. These cookies can also be used to remember changes You have made to text size, font and other parts of pages that You can customise. The information these cookies collect may be anonymous and they cannot track Your browsing activity on other websites. Without these cookies, a website cannot remember choices You have previously made or personalise Your browsing experience. These can be restricted or blocked.
  • D. Targeting Cookies: These cookies gather information about Your browsing habits. They remember that You have visited a website and share this information with other organisations such as advertisers. They do this in order to provide You with adverts that are more relevant to You and Your interests. Although these cookies can track Your visits to other websites, they do not usually know who You are. Without these cookies, online advertisements You encounter will be less relevant to You and Your interests. These can be restricted or blocked.

5. MBR'S ONLINE USE OF COOKIES

Our Site doesn't use or need third party cookies or scripts for advertising and tracking, we only use local cookies for navigation.

6. HOW DO I MANAGE COOKIES?

By using our Site, You agree that We can place cookies on Your device, however, if You would like to restrict or block cookies used on our Site (or on any website), You will need to change the browser settings in each browser You use and on each device You use to access the internet. Click here to see full instructions for all browsers

Please be aware that some of our Services will not function if Your browser does not accept the cookies.

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