Introduction

 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

This website is owned and operated by Bebhinn Gallagher, herein known as “Pantonal Creations”. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors descriptions of our services; who we are, photographs and other such media relating to our work; products and services for sale, access to ticketed events, member’s areas and information about the work we carry out.  

 

In order to use our website and/or receive our services, you must be at least 18years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our Pantonal Creations’ use of cookies in accordance with the terms of Pantonal Creations’ privacy policy.

 

License to use website

 

Unless otherwise stated, Pantonal Creations and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

 

• republish material from this website (including republication on another website);

• sell, rent or sub-license material from the website;

• show any material from the website in public;

• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

• edit or otherwise modify any material on the website; or

• redistribute material from this website except for content specifically and expressly made available for redistribution.

 

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

 

Acceptable use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Pantonal Creations’ express written consent.

 

You must not use this website to transmit or send unsolicited commercial communications.

 

You must not use this website for any purposes related to marketing without Pantonal Creations’ express written consent.

 

Restricted access

 

Access to certain areas of this website is restricted.  Pantonal Creations reserves the right to restrict access to other areas of this website, or indeed this entire website, at Pantonal Creations’ discretion.

 

If Pantonal Creations provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

 

Pantonal Creations may disable your user ID and password in Pantonal Creations’ sole discretion without notice or explanation.

 

User content

 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

You grant to Pantonal Creations a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Pantonal Creations the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Pantonal Creations or a third party (in each case under any applicable law). 

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

Pantonal Creations reserves the right to edit or remove any material submitted to this website, or stored on Pantonal Creations’ servers, or hosted or published upon this website.

 

Notwithstanding Pantonal Creations’ rights under these terms and conditions in relation to user content, Pantontal Creations does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

 

Key Commercial Terms

 

When buying an item, you agree that:

1. you are responsible for reading the full item listing before making a commitment to buy it:

(ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

 

The prices we charge for using our services or for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  Pantonal Creations makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 

Without prejudice to the generality of the foregoing paragraph, Pantonal Creations does not warrant that:

 

• this website will be constantly available, or available at all; or

• the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

 

Limitations of liability

 

Pantonal Creations will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

• to the extent that the website is provided free-of-charge, for any direct loss;

• for any indirect, special or consequential loss; or

• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Pantonal Creations has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Pantonal Creations’ liability in respect of any:

 

• death or personal injury caused by Pantonal Creations’ negligence;

• fraud or fraudulent misrepresentation on the part of Pantonal Creations; or

• matter which it would be illegal or unlawful for Pantonal Creations to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

You accept that, as a sole trader, Pantonal Creations has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Pantonal Creations’ officers or employees in respect of any losses you suffer in connection with the website.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Pantonal Creations’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Pantonal Creations.

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify Pantonal Creations and undertake to keep Pantonal Creations indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Pantonal Creations to a third party in settlement of a claim or dispute on the advice of Pantonal Creations legal advisers) incurred or suffered by Pantonal Creations arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

 

Without prejudice to Pantonal Creations’ other rights under these terms and conditions, if you breach these terms and conditions in any way, Pantonal Creations may take such action as Pantonal Creations deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

 

Pantonal Creations may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

 

Pantonal Creations may transfer, sub-contract or otherwise deal with Pantonal Creations rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

 

These terms and conditions, together with the Shop Privacy Policy; the Services Privacy Policy, the Events Privacy policy; the Shop Refund, Return and Cancellation policy; the Services Refund and Cancellation Policy; the Events Refund and Cancellation Policy and the Shipping, Fulfillment and delivery policy, constitute the entire agreement between you and Pantonal Creations in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction

 

These terms and conditions will be governed by and construed in accordance with Scottish Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Scotland.