Fusia Creative | Terms and Conditions

Terms and Conditions

Last updated: 29/11/2024

Thank you for visiting our site. Please read these Terms of Use carefully before using www.fusiacreative.co.uk (our “site”) as these will apply to your use of our site. This Terms of Use document (together with the documents referred to in it) apply to your use of www.fusiacreative.co.uk (our site), whether you are a guest or a registered user. Our site includes accessing, browsing, contacting us (including contacting us via a website form) and registering for any features or services we offer. By accessing or using our site, you confirm that you have read, understood, and agree to accept these Terms of Use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

In these terms, "Client", "you", or "your" refers to you, the person accessing our site (www.fusiacreative.co.uk). "The Company", "we", "us", or "our" refers to Fusia Creative Ltd, registered in England and Wales under company number 13868702.

By using our website, you:

confirm you are legally able to enter into binding contracts,
confirm you are 18 years old or older,
agree to the terms of this Terms of Use Policy (together with the documents referred to in it).

Contents

Section 1: Information About Us

Section 2: Terms of Website Use Introduction

Section 3: Entire Agreement Clause

Section 4: Other Applicable Terms

Section 4.1: Privacy Policy and Cookies Policy

Section 5: Changes to These Terms

Section 6: Changes to Our Site

Section 7: Modification of Services

Section 8: Accessing Our Site

Section 8.1: Accessing Our Site from Outside the United Kingdom

Section 9: Children’s Privacy and Access

Section 10: User Responsibilities and Conduct

Section 11: Acceptable Use Policy

Section 11.1: Prohibited Uses

Section 11.2: Interactive Services

Section 11.3: Content Standards

Section 11.4: Suspension and Termination

Section 12: Uploading Content To Our Site/User Generated Content

Section 13: Rights You License

Section 14: User Accounts, User Data and Account/Password Security

Section 15: Linking to Our Site

Section 16: Termination of Use

Section 17: Intellectual Property Rights

Section 18: No Reliance on Information

Section 19: Limitation of Our Liability

Section 20: Limitation of Liability for Digital Products or Services

Section 21: Viruses

Section 22: Third Party Links and Resources in Our Site

Section 23: Indemnification Clause

Section 24: Disclaimer of Warranties

Section 25: Severability Clause

Section 26: Dispute Resolution

Section 27: Jurisdiction and Governing Law

Section 28: Compliance with Laws

Section 29: Force Majeure

Section 30: Contact Us

Section 1: Information About Us

1(a). www.fusiacreative.co.uk is a site operated by Fusia Creative Ltd ("We"). We are registered in England and Wales under the company number 13868702. We are a limited company.

Section 2: Terms of Website Use Introduction

2(a). This Terms of Use document (together with the documents referred to in it) apply to your use of www.fusiacreative.co.uk (our site), whether you are a guest or a registered user. Our site includes accessing, browsing, contacting us (including contacting us via a website form) and registering for any features or services we offer.

2(b). Please read these Terms of Use carefully, along with the documents referred to in it, before you start to use our site, as these will apply to your use of our site. By using our site, you confirm that you have read, understood, and agree to accept these Terms of Use (together with the documents referred to in it) and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our site.

2(c). Your use of our site means that you accept, and agree to abide by, all the policies in this Terms of Use Policy, including the policies referenced in ‘Section 4: Other Applicable Terms’.

2(d). By using our website, you:

confirm you are legally able to enter into binding contracts,
confirm you are 18 years old or older,
agree to the terms of this Terms of Use policy.

Section 3: Entire Agreement Clause

3(a). These Terms of Use, together with our Privacy Policy (which includes our Cookie Policy), Acceptable Use Policy (found in Section 11 in this Terms of Use Policy), and any additional agreements you enter into with Fusia Creative Ltd, constitute the entire agreement between you and us regarding your use of our site. They supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to your use of this site.

3(b). If any provision in these Terms of Use Policy is found to be unlawful, void, or unenforceable, that provision will be deemed severable from the Terms of Use Policy and will not affect the validity and enforceability of the remaining provisions. The remaining Terms of Use Policy will remain in full force and effect.

Section 4: Other Applicable Terms

4(a). These Terms of Use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy (www.fusiacreative.co.uk/privacypolicy) sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Cookie Policy sets out information about the cookies on our site and is found in Section 9 of our Privacy Policy (www.fusiacreative.co.uk/privacypolicy).

Our Acceptable Use Policy, which can be found in ‘Section 11: Acceptable Use Policy’ within this Terms of Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

Design Service Terms and Conditions (www.fusiacreative.co.uk/design-service-termsandconditions) will apply to products and services.

Section 4.1: Privacy Policy and Cookies Policy

4.1(a). Your privacy is important to us. Please refer to our Privacy Policy (www.fusiacreative.co.uk/privacypolicy) for details on how we handle your data, and also our Cookie Policy in Section 9 of our Privacy Policy (www.fusiacreative.co.uk/privacypolicy) to learn about our cookie practices.

We are committed to safeguarding your personal information. Any personal data you provide to us is processed in accordance with our Privacy Policy and Cookies Policy. You have rights concerning your personal data, including the right to access, correct, or request deletion of your data. For further details, please refer to our Privacy Policy (www.fusiacreative.co.uk/privacypolicy).

Section 5: Changes to These Terms

5(a). We reserve the right to modify these Terms of Use at any time. We may revise these Terms of Use at any time by amending this page. If changes are made, we will update the effective date. Any changes are effective immediately, and your continued use of the site confirms your acceptance. It is your responsibility to check this page periodically to stay informed of any changes. Please check regularly for updates to take notice of any changes, as they are binding on you.

Section 6: Changes to Our Site

6(a). We reserve the right to modify or remove content without notice. We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Section 7: Modification of Services

7(a). We reserve the right to modify, suspend, or discontinue any feature, product, or service offered on our site at any time without prior notice. We will not be liable if any part of our site or any service becomes unavailable, inaccessible, or is otherwise altered. These changes are intended to improve the quality of our site and our services and products, and we encourage you to check our site periodically for any updates to our offerings.

Section 8: Accessing Our Site

8(a). Our site is free to use; however, you are responsible for making all arrangements necessary for you to have access to our site. You are responsible for ensuring you have the necessary equipment and internet access to connect to and use our site. We are not liable for any costs you incur while accessing our site, including but not limited to charges for mobile data, internet service, or any other fees imposed by your service provider. By using our site, you acknowledge and accept that these costs are your responsibility. We recommend that you check with your service provider for details of any potential charges before accessing our site.

8(b). You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

8(c). We do not guarantee that our site, or any content on it, will always be available or be uninterrupted or that access will be error-free or free of omissions. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

Section 8.1: Accessing Our Site from Outside the United Kingdom

8.1(a). Availability outside the UK: While we strive to provide uninterrupted access to our site, we make no guarantee that our site, or its content made available on or through our site, will be available or appropriate in other geographic locations outside the United Kingdom. We reserve the right to restrict or limit access to our site or specific services in other locations at our discretion. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

8.1(b). Primary audience: Our site is primarily intended for residents of the United Kingdom. While users from other regions may access our site, we make no representations regarding the availability, appropriateness, suitability or compliance of our site, content or services with laws outside the UK. If you choose to access our site from outside the United Kingdom, you do so at your own risk and are responsible for ensuring compliance with local laws and regulations. You agree to indemnify and hold Fusia Creative Ltd harmless from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) that arise from your use of our site, breach of these terms, or any unlawful activity conducted on the site. This includes claims arising from content you upload, post, or otherwise make available through our site.

8.1(c) Compliance with UK GDPR: If you access our site from outside the United Kingdom, your personal data will be processed in accordance with the UK GDPR. This includes data transfers to and from regions outside the UK. For more information, please refer to our Privacy Policy (www.fusiacreative.co.uk/privacypolicy)

Refer to our Privacy Policy for more information on International Data Transfers at www.fusiacreative.co.uk/privacypolicy

Section 9: Children’s Privacy and Access

9(a). Our site and services are intended for use by individuals aged 18 and over. We do not knowingly collect or process data from children under 18. If we become aware that we have inadvertently collected data from a child under this age, we will promptly delete it. Parents or guardians are encouraged to monitor their children's online activities to help enforce this policy. We can not control who chooses to engage in online activities and transactions. You acknowledge and accept the inherent security risks of internet use and agree not to hold Fusia Creative Ltd liable for any potential security breaches or for any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or in connection with the use of, or inability to use, the Website or its Content. You shall defend, indemnify, save and hold harmless Fusia Creative Ltd from any and all damages, liabilities, costs, losses or expenses (including reasonable legal fees) arising from or in connection with a breach of this term of use.

Should a concern or difficulty arise you can contact jess@fusiacreative.co.uk. Any action required under this section will be processed within one month. For more complex matters, we may require additional time to investigate, in which case we will notify you and provide an estimated timeframe for resolution.

You can find more information from our Privacy Policy at www.fusiacreative.co.uk/privacypolicy

Section 10: User Responsibilities and Conduct

10(a). When using our site, you must not engage in any activities that could harm the site, our business, or other users. As a user of our site, you agree not to engage in any unlawful, harmful, or abusive behaviour, including but not limited to fraud, harassment, impersonation, uploading harmful or obscene content, spamming, unauthorised automated or disruptive activity, using automated systems (such as bots) to access the site, or activities that could damage our site’s reputation or functionality. You must not use our site in any manner that could disable, overburden, damage, or impair it or interfere with any other party's use of the site. You also agree not to conduct commercial activities, unauthorised advertising (for example phishing or misleading promotions), or any behaviour that could damage or disable our site. Violations of these responsibilities may lead to restricted access, termination, suspension of your account or potential legal action.

10(b). You agree not to:

Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or Content without express written permission from us.
Use the Website in a way that could damage, disable, overburden, or impair the Website or interfere with another party’s use of the Website.
Use any automated system, software, or device including harmful bots, scrapers, or crawlers, to access the Website for any purpose, including to monitor or copy any Content.
Engage in any conduct that, in our opinion, restricts or inhibits anyone’s use or enjoyment of the Website or may harm us or users of the Website.

See ‘Section 11: Acceptable Use Policy’ for additional information.

Section 11: Acceptable Use Policy

11(a). This Acceptable Use Policy sets out the terms between you and us under which you may access our website www.fusiacreative.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms of Use Policy and other applicable terms/policies. Refer to ‘Section 4: Other Applicable Terms’.

11(b) We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

Section 11.1: Prohibited Uses

11.1(a). You may use our site only for lawful purposes. You may not use our site:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is illegal, harmful, unlawful or fraudulent, or has any connection to an illegal, harmful, unlawful or fraudulent purpose, activity and/or effect.
In any way that causes, or may cause, damage to the website or impairment of any kind including availability or accessibility or functionality.
In any way that causes alteration in the visual appearance of the website or the content displayed on the website. This includes unauthorised attempts to alter, manipulate, or deface the site’s design or content.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (please refer to ‘Section 11.3: Content Standards’).
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To transmit unlawful material or material that is defamatory, threatening, discriminatory, extremist or which has the potential to radicalise themselves or others.
To transmit material that infringes the intellectual property rights or privacy rights of a third party, or that is in breach of a legal duty owed to another party.
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to use, reproduce, duplicate, copy, modify or re-sell (of any nature) any part of our site or the material/content found on our site.
Not to access without authority, interfere with, damage or disrupt: any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
Not to use any automated systems, such as bots, scrapers, or crawlers, to access or interact with our site without prior written permission from Fusia Creative Ltd. The use of automated technology to interact with our site can disrupt the experience for other users, compromise the integrity of our systems, and violate our security policies. Unauthorised use of automated systems may lead to suspension or termination of access to the site, and in some cases, further legal action.

Section 11.2: Interactive Services

11.2(a). We may from time to time provide interactive services on our site, for example, without limitation, blogs. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

11.2(b). The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any claim, loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Users of our website should be over 18 years of age as stated in ‘Section 2: Terms of Website Use Introduction’.

11.2(c). Users should report inappropriate content to maintain clarity and user safety. Should a concern or difficulty arise you can contact jess@fusiacreative.co.uk.

Section 11.3: Content Standards

11.3(a). These Content Standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

11.3(b). Contributions must:

Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.

11.3(c). Contributions must not:

Contain any material which is defamatory of any person. For example, content that misrepresents facts or includes slurs.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person or third party.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Be illegal or promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as, by way of example only, copyright infringement or computer misuse.

Section 11.4: Suspension and Termination

11.4(a). We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

11.4(b). Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Use (www.fusiacreative.co.uk/termsandconditions) upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

11.4(c). We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

11.4(d). We will not be liable for any loss of data or disruption to services resulting from suspension or termination.

Section 12: Uploading Content To Our Site/User Generated Content

12(a). Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy in Section 11 of this Terms of Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

12(b). We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

12(c). We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

12(d). We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy in Section 11 of this Terms of Use Policy.

12(e). The views expressed by other users on our site do not represent our views or values.

12(f). You are solely responsible for securing and backing up your content.

12(g). We have the right to remove any content posted or uploaded by you to our site if the contribution doesn’t comply with the Content Standards set out in ‘Section 11: Acceptable Use Policy’. We also have the right to remove any content posted or uploaded by you for any other reason not outlined in our Acceptable Use Policy.

12(h). Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in ’12(i)’ and also ’Section 13: Rights You Licence’.

12(i). If you submit or upload any content (including text, images, or designs) to the Website, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display that content. You represent and warrant that:

You own or control all rights to the content.
The content does not infringe any third party’s rights.
The content does not contain any material that is unlawful, offensive, or otherwise inappropriate.
This license includes the right to sublicense such content to trusted partners or third parties for purposes consistent with providing and promoting our services, and operation and promotion of our website.

Section 13: Rights You License

13(a). When you upload or post content to our site, you grant the following licenses:

A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the services provided by our site and across different media and to promote the site or services; and

A worldwide, non-exclusive, royalty-free, transferable licence to allow third parties to use the content for their purposes.

Section 14: User Accounts, User Data and Account/Password Security

14(a). If you register an account on our site, you agree to keep your login credentials, passwords and account details secure and confidential. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are solely responsible for any activities conducted under your account. Fusia Creative Ltd will not be liable for any loss or damage arising from a user’s failure to comply with this responsibility or failing to keep your account information secure. You must notify us immediately of any unauthorised use or security breach. We reserve the right to suspend or terminate accounts, and restrict access, if we suspect any misuse or violation of these terms. Please ensure that you meet any age and residency requirements before creating an account. You must be 18 years old or older to use our website.

14(b). While we strive to protect your personal information, we cannot guarantee the security of any data you choose to share. By engaging in online activities and transactions, you acknowledge and accept the inherent security risks of internet use and agree not to hold us liable for any potential security breaches arising from or in connection with your use of our site. You can find more information on our Privacy Policy (www.fusiacreative.co.uk/privacypolicy) and Cookies Policy (in Section 9 of our Privacy Policy www.fusiacreative.co.uk/privacypolicy) which sets out information about your privacy and the cookies on our site.

Refer to our Privacy Policy for more information at www.fusiacreative.co.uk/privacypolicy

14(c) If you know or suspect that anyone other than you knows your user identification code or password, or you suspect any other type of unauthorised use or security breach, you must promptly notify us at jess@fusiacreative.co.uk

Section 15: Linking to Our Site

15(a). You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

15(b). You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

15(c). You must not establish a link to our site in any website that is not owned by you.

15(d). Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

15(e). We reserve the right to withdraw linking permission without notice. If we withdraw linking permission, you must remove any links immediately.

15(f). The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy in Section 11 of this Terms of Use Policy.

Section 16: Termination of Use

16(a). We reserve the right, at our sole discretion, to suspend or terminate or restrict your access to our site, including any accounts you may have, at any time and for any reason, including but not limited to a violation of these Terms of Use or any other applicable term (see ‘Section 4: Other Applicable Terms’). We may also remove or delete any content or data you have uploaded in connection with your account. If your access is terminated, you agree to immediately cease all use of our site and acknowledge that we may delete your account and related data and/or content. Any obligations and liabilities you have incurred prior to termination, including any warranties or indemnification clauses, will remain in effect.

User data may be deleted upon termination. We retain your personal information only as long as necessary to fulfil the purposes outlined in our Privacy Policy (www.fusiacreative.co.uk/privacypolicy) unless a longer retention period is required by law or for legitimate business purpose. Once your data is no longer needed, we will securely delete or anonymise it.

You can find further information on how we process your data in our Privacy Policy at www.fusiacreative.co.uk/privacypolicy.

Section 17: Intellectual Property Rights

17(a). We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. All intellectual property rights in our site, including but not limited to its design, content, text, graphics, and other materials (collectively, “Content”), are owned by or licensed to Fusia Creative Ltd, or owned by the properly attributed party.

17(b). You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You may not download or copy materials for competitive or unlawful purposes. You must destroy any copies of the materials and cease from using our intellectual property if these terms have been breached.

17(c). Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not assert ownership of any material and/or intellectual property on this website.

17(d). You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors and you agree not to use the Content for any unlawful purpose or in a way that violates these Terms of Use.

17(e) If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Section 18: No Reliance on Information

18(a). The content on our site is provided for general information only. It is not intended to amount to professional advice or advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

18(b). Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Section 19: Limitation of Our Liability

19(a). Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, our fraud or fraudulent misrepresentation, breach of your statutory rights under the Consumer Rights Act 2015 including rights relating to the quality, fitness for purpose, and description of digital content or services or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, liability, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. However, this does not affect your statutory rights as a consumer.

19(b). To the extent permitted by law, we will not be liable to any user for any loss or damage (including without limitation, any direct, indirect, or consequential loss or damage), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of, under or in connection with:

use of, or inability to use, our site;
the unavailability of our site at any time;
use of or reliance on any content displayed on our site;
If you are a business user, or any other user, please note that in particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation;
any indirect or consequential loss or damage; or
punitive damages.

19(c). If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Nothing in this clause affects your statutory rights as a consumer, including your rights to remedies for defective digital content or services under the Consumer Rights Act 2015.

19(d). We will not be liable for any loss or damage caused by technological issues such as a virus, distributed denial-of-service (DDos) attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. Users are advised to have appropriate security software. It is your responsibility to ensure appropriate security measures are in place when accessing our site. You are responsible for configuring your own technology to protect against threats such as viruses, and you agree to use updated antivirus and security software when accessing our site.

19(e). We assume no responsibility for third-party content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Users access such links at their own risk, are advised to exercise discretion, and should review the terms and policies of third-party sites before engaging with them.

19(f). Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Design Service Terms and Conditions (www.fusiacreative.co.uk/design-service-termsandconditions).

19(g). We will not be liable for how you access our site and if a cost, of any kind, is incurred when doing so, including network charges. Our site is free to use; however, you are responsible for making all arrangements necessary for you to have access to our site. You are responsible for ensuring you have the necessary equipment and internet access to connect to and use our site. We are not liable for any costs you incur while accessing our site, including but not limited to charges for mobile data, internet service, or any other fees imposed by your service provider. By using our site, you acknowledge and accept that these costs are your responsibility. We recommend that you check with your service provider for details of any potential charges before accessing our site. Refer to ‘Section 8: Accessing Our Site’ for further information.

19(h). While we strive to protect your personal information, we cannot guarantee the security of any data you choose to share. By engaging in online activities and transactions, you acknowledge and accept the inherent security risks of internet use and agree not to hold us liable for any potential security breaches arising from or in connection with your use of our site. You can find more information on our Privacy Policy (www.fusiacreative.co.uk/privacypolicy) and Cookies Policy (in Section 9 of our Privacy Policy www.fusiacreative.co.uk/privacypolicy) which sets out information about your privacy and the cookies on our site.

Section 20: Limitation of Liability for Digital Products or Services

20(a). We make all reasonable efforts to ensure that any digital products or services offered on our site function as intended, however, we cannot guarantee compatibility with all devices or uninterrupted service. It is the user’s responsibility to ensure that their device meets the necessary technical specifications. We will not be liable for any issues or damages arising from the use or inability to use a digital product due to device incompatibility or other technical difficulties out of our control.

However, if a digital product or service fails to comply with your statutory rights, you are entitled to remedies under the Consumer Rights Act 2015, which may include repair, replacement, or a price reduction.

Section 21: Viruses

21(a). We do not guarantee that our site will be secure or free from bugs or viruses. 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. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. You are advised to have appropriate security software.

21(b). You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not 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. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Section 22: Third Party Links and Resources in Our Site

22(a). Our site may contain links to external websites and resources that are not operated by Fusia Creative Ltd. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information and convenience only. We have no control over the content, practices, resources, cookies or tracking of any third-party site and we cannot accept any liability for the third-party’s compliance with its legal obligations. We do not endorse, guarantee, or take responsibility for any third-party content or policies including website content, privacy policies and terms of use policies. Users acknowledge that accessing third-party sites through links on our site is at their own risk, and Fusia Creative Ltd will not be liable for any damage or loss caused by third-party sites or services.

You can find more information on our Privacy Policy (www.fusiacreative.co.uk/privacypolicy) and Cookies Policy (in Section 9 of our Privacy Policy www.fusiacreative.co.uk/privacypolicy) which sets out information about your privacy, the cookies on our site and data sharing with third-parties.

22(b). By clicking on third-party links or enabling those connections may allow third parties to collect or share data about you. Please note that third-parties may also use cookies, over which we have no control and therefore we cannot accept any liability for the third-party’s compliance with its legal obligations. We have no responsibility or liability for any of the policies, content and activities of these linked sites. When you leave our website, we encourage you to read the Terms of Use and Privacy Policy of every website you visit. Please refer to their Privacy Policies if you have concerns about data collection on external sites.

22(c). We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. You access third-party websites linked from our Website at your own risk.

You can find more information about our liability regarding links on our site in ‘Section 19: Limitation of our liability’.

Section 22.1: Data Sharing with Third Parties

You can find information on how we may share your data with third-parties in ‘Section 5.1: Data Sharing with Third Parties’ in our Privacy Policy (www.fusiacreative.co.uk/privacypolicy). If you have concerns about how your data is handled by a third party engaged through our website or services, please contact us at jess@fusiacreative.co.uk, and we will do our best to assist you in addressing the issue.

Section 23: Indemnification Clause

By accessing or using our site, you confirm that you have read, understood, and agree to accept these Terms of Use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site. Therefore, to the extent permitted by law, you agree to indemnify, defend, and hold harmless Fusia Creative Ltd from and against any and all warranties, claims, demands, liabilities, damages, losses, costs or expenses (including reasonable legal fees), including but not limited to direct, indirect, incidental, consequential, or punitive damages, arising out of or in connection with your use of our Website, inability to use our site, violation of these Terms or any unlawful activity conducted on the site.

This indemnification obligation does not apply to claims or losses resulting from our own negligence, fraud, misrepresentation, nor does it affect your statutory rights as a consumer under the Consumer Rights Act 2015.

This indemnity obligation will survive the termination or expiration of these Terms of Use and your use of our website or services.

Section 24: Disclaimer of Warranties

24(a). The content, services, and materials provided on this website are offered on an "as is" and "as available" basis. To the fullest extent permitted by law, we do not make any warranties, representations, or guarantees, whether express or implied, that:

the content on our site is accurate, complete, or up-to-date;
the website will meet your requirements or expectations;
the site will be free from errors, interruptions, or harmful components, including viruses; or
any specific results or outcomes will arise from your use of the site or its content.

24(b). To the extent permitted by law, we disclaim all warranties, conditions, and representations, whether express or implied, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, and compatibility.

24(c). Nothing in this clause affects your statutory rights as a consumer under the Consumer Rights Act 2015 or any other applicable laws in England and Wales. If you are a consumer, digital content and services provided through this website must conform to their description, be fit for purpose, and of satisfactory quality.

24(d). While we take reasonable steps to ensure that the site operates securely and efficiently, we make no warranty that the site or any material available for download will be free of viruses or other harmful software. It is your responsibility to implement appropriate safeguards (such as up-to-date antivirus software) before downloading any material from our site.

24(e). The website may contain links to third-party websites or services, which are not operated or controlled by us. We do not endorse, guarantee, or take responsibility for any third-party websites, their content, their policies, or any products or services offered through them.

24(f). This clause does not exclude or limit any warranty that cannot be excluded or limited by law, including liability for death or personal injury arising from our negligence or for fraud or fraudulent misrepresentation.

Section 25: Severability Clause

25(a). If any provision in these Terms of Use Policy is found to be unlawful, void, or unenforceable, that provision will be deemed severable from the Terms of Use Policy and will not affect the validity and enforceability of the remaining provisions. The remaining Terms of Use Policy will remain in full force and effect.

Section 26: Dispute Resolution

26(a). In the event of a dispute arising from or relating to these Terms of Use, you agree to first attempt to resolve the matter informally by contacting us directly before seeking formal legal resolution. Should an informal resolution not be possible, any unresolved disputes will be subject to the exclusive jurisdiction of the courts of England and Wales. By using our site, you agree that any claim or dispute will be resolved by the courts of England and Wales and according to English law, unless another mandatory law of your jurisdiction applies and cannot be overridden under UK conflict-of-law principles.

26(b) If you raise a dispute or concern under these Terms of Use, we will acknowledge your request within three (3) business days and aim to provide a substantive response within fourteen (14) business days. For more complex matters, we may require additional time to investigate, in which case we will notify you and provide an estimated timeframe for resolution.

Section 27: Jurisdiction and Governing Law

27(a). These Terms are governed by and construed in accordance with the laws of England and Wales. Users (you) agree that the courts of England and Wales will have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising from or related to these Terms of Use, other applicable terms, or your use of our website, except where mandatory laws of your jurisdiction apply and cannot be overridden under UK conflict-of-law principles.

Section 28: Compliance with Laws

28(a). By using our site, you agree to comply with all relevant local, national, and international laws, regulations, and rules, including but not limited to compliance with applicable copyright laws, data protection regulations, and anti-harassment laws. Any conduct that violates these laws may result in suspension of your access to our site and potential legal repercussions.

Section 29: Force Majeure

29(a). Fusia Creative Ltd shall not be held liable for any failure to perform, delay in performing, or interruption of any obligations under these Terms of Use where such failure, delay, or interruption arises from events or circumstances beyond our reasonable control (each a "Force Majeure Event"). These events include, but are not limited to:

Acts of God, such as natural disasters, floods, earthquakes, or extreme weather conditions;
Fire, explosion, or accidents;
War, armed conflict, acts of terrorism, or civil unrest;
Industrial actions, strikes, lockouts, or labour disputes (whether involving our workforce or others);
Governmental actions, regulations, or restrictions, including those related to public health or trade;
Failures or delays by utility providers, internet service providers, or other external infrastructure failures;
Epidemics, pandemics, or other public health emergencies; and
Any other event or circumstance that is beyond our reasonable control.

29(b). If a Force Majeure Event occurs, we will:

a. Take reasonable steps to minimise the effects of the event on our performance;

b. Notify you as soon as practicable if the event materially affects our ability to provide our services or maintain the website; and

c. Be entitled to suspend, delay, or modify our obligations under these Terms for the duration of the Force Majeure Event.

29(c). Force Majeure does not excuse your obligation to pay for any completed services or to comply with these Terms of Use unless such obligations are also directly affected by the Force Majeure Event.

Section 30: Contact Us

29(a). If you have questions or need assistance, contact us by email: jess@fusiacreative.co.uk

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