Legal

By Using Our Site You Accept These Terms and Conditions

Please read these Terms and Conditions carefully and ensure that you understand them before using Our Site. These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of this website, www.melior-design.co.uk (“Our Site”). It is recommended that you print a copy of these Terms and Conditions for your future reference.

These Terms and Conditions were last updated on 09/11/22.

The following documents also apply to your use of Our Site:
· Our Privacy Policy, available at melior-design.co.uk/legal. This is also referred to below in Part 15.
· Our Cookie Policy, available at melior-design.co.uk/legal. This is also referred to below in Part 15.
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1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
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‍“Content”means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
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‍“We/Us/Our”means Melior Design.

2. Information About Us

2. Our Site is operated by Melior Design. A trading style of a limited liability partnership registered in England and Wales under company number OC426164. Our registered address is 20-22 Wenlock Road, London, England, N1 7GU1

2.3 We are a digital design solutions company.

3. Access to Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make the arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted. [If We suspend or discontinue Our Site (or any part of it), We will try to give you reasonable notice of the suspension or discontinuation.

4. Changes to Our Site

We may alter and update Our Site (or any part of it) at any time to improve the experience of our users. If We make any significant alterations to Our Site (or any part of it), We will try to give you reasonable notice of the alterations.

5. Changes to these Terms and Conditions

5.1 We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.

5.2 If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

6. International Users

Our Site is intended for users in the United Kingdom only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.

7. How You May Use Our Site and Content (Intellectual Property Rights)

7.1 All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

7.2 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).

7.3 You may print one copy and download extracts of any page(s) from Our Site for personal use only.

7.4 You may not modify the printed copies or downloaded extracts in any way. Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.

7.5 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.

7.6 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as applicable). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.

8. Links to Our Site

8.1 You may only link to the homepage of Our Site, www.melior-design.co.uk. Linking to other pages on Our Site requires our express written permission.

8.2 Links to Our Site must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.

8.3 You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).

8.4 Your link should not use any logos or trademarks displayed on Our Site without Our express written permission.

8.5 You must not frame or embed Our Site on another website without Our express written permission.

8.6 You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.

9. Links to Other Sites

9.1 Links to other websites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.

9.2 The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.

10. Disclaimers

10.1 Nothing on Our Site constitutes professional advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be obtained before taking any action relating to your companies’ digital design, presence, image or activities.

10.2 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.

10.3 If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.

11. Our Liability

11.1 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.

11.2 If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

11.3 If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

11.4 If you are a consumer and digital content from Our Site damages other digital content or a device belonging to you, where that damage is caused by Our failure to use reasonable skill and care, We will either compensate you or repair the damage.

11.5 Note that the right to compensation or repair in Part

12.5 will be lost if the damage in question could have been avoided by following advice or instructions from Us to install a free patch or update; if the damage resulted from your failure to follow instructions; or if the minimum system requirements provided by Us for the digital content in question were not met.

12. Viruses, Malware, and Security

12.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, we do not guarantee that this is the case.

12.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

12.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

12.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

12.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

12.6 By breaching the provisions of Parts 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

13. Acceptable Usage of Our Site

13.1 You may only use Our Site in a lawful manner:
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a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
b) You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
c) You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.

13.2 If you fail to comply with the provisions of this Part 14, you will be in breach of these Terms and Conditions. We may take one or more of the following actions in response:
a) Suspend or terminate your right to use Our Site;
b) Issue you with a written warning;
c) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
d) Take further legal action against you, as appropriate;
e) Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/orf) Any other actions which We deem reasonably appropriate (and lawful).

13.3 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 14.2) in response to your breach.

14. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy.

15. Communications from Us

15.1 If We have your contact details, We may send you important notices by email from time to time. Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions.

15.2 We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 48 hours for your request to take effect and you may continue to receive emails during that time.

15.3 For questions or complaints about communications from Us, please contact Us using the details above in Part 3.

16. Law and Jurisdiction

16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

16.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 16.1 takes away from or reduces your legal rights as a consumer.

16.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

16.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Background:
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Melior Design understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits the website, www.melior-design.co.uk (“Our Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

‍1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:
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“Account”means an account required to access and/or use certain areas and features of Our Site.
“Cookie”means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in Part 14, below.
‍“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003.
“the Data Protection Legislation” UK GDPR and the Data Protection Act 2018.
‍“the TPS” The Telephone Preference Service
‍“the CTPS” The Corporate Telephone Preference Service
‍“the MPS” The Mailing Preference Service
‍“EEA” European Economic Area

2. Information About Us

Our Site is owned and operated by Burchers LLP, a limited company registered in England under company number OC426164.

‍Registered address: 20-22 Wenlock Road, London, England, N1 7GU

‍Data Protection Officer:
Name: Arron Burcher
Email address: arron@melior-design.co.uk
Telephone number: 07900 923284

Postal address: Burchers LLP, 20-22 Wenlock Road, London, England, N1 7GU

‍3. What Does This Policy Cover?

‍3.1. This Privacy Policy applies only to your use of Our Site.

3.2. Our Site may contain links to other websites - please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

‍4. What Is Personal Data?

‍4.1. Personal data is defined by the Data Protection Legislation as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

4.2. Personal data is, in simpler terms, any information about you that enables you to be identified.

4.3. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

‍5. What Are My Rights?

‍5.1. Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:· The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 15.

· The right to access the personal data we hold about you. Part 13 will tell you how to do this.
· The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.
· The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 15 to find out more.
· The right to restrict (i.e. prevent) the processing of your personal data.
· The right to object to us using your personal data for a particular purpose or purposes.
· The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
· The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
· Rights relating to automated decision-making and profiling.
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5.2. For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 15.

5.3. It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.

5.4. Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

5.5. If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 15.

‍6. What Data Do You Collect and How?

‍6.1. Depending upon your use of Our Site, we may collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table.

6.2. Please also see Part 14 for more information about our use of Cookies and similar technologies and our Cookie Policy below.

6.3. We do not collect any ‘special category’ or ‘sensitive’ personal data AND/OR personal data relating to children AND/OR data relating to criminal convictions and/or offences.
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‍Data Collected
How We Collect the Data

Name via our contact forms. Email address via our contact forms.

‍7. How Do You Use My Personal Data?

‍7.1. Under the Data Protection Legislation, we must always have a lawful basis for using personal data.

7.2. The following table describes how we may use your personal data, and our lawful bases for doing so:

‍What We Do
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Our Lawful Basis. Supplying you with information by email AND/OR that you have opted-in-to (you may opt-out at any time by emailing "UNSUBSCRIBE" to studio@melior-design.co.uk.

7.3. With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email AND/OR telephone AND/OR text message AND/OR post with information, news, and offers on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. Wewill always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.

7.4. Third Parties whose content appears on Our Site may use third-party Cookies, as detailed below in Part 14. Please refer to Part 14 for more information on controlling cookies. Please note that we do not control the activities of such third parties, nor the data that they collect and use themselves, and we advise you to check the privacy policies of any such third parties.

7.5. We use the following automated systems for carrying out certain kinds of decision-making. If at any point you wish to query any action that we take on the basis of this or wish to request ‘human intervention’ (i.e. have someone review the action themselves, rather than relying only on the automated method), the Data Protection Legislation gives you the right to do so. Please contact us to find out more using the details in Part 15.

‍We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 15.

7.7. If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.

7.8. In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights. 8. How Long Will You Keep My Personal Data?

‍8.1. We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected.

8.2. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

‍Type of Data

How Long We Keep It

Identity Information including name. Which will be kept for 1 year.‍

‍9. How and Where Do You Store or Transfer My Personal Data?

‍9.1. When we store your personal data:-

· In the UK, it will be fully protected under the Data Protection Legislation.

· Within the EEA your personal data will be fully protected under the EU GDPR and/or to equivalent standards by law. Transfers of personal data to the EEA from the UK are permitted without additional safeguards.

· In countries outside of the UK. These are known as “third countries”. We will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation as follows:

9.2. If we store or transfer personal data, we will only do so to the countries that are deemed to provide an adequate level of protection for personal data. For further information about adequacy decisions and adequacy regulations, please refer to the Information Commissioner’s Office.

‍9.3. The security of your personal data is essential to us, and to protect your data, we I take a number of important measures, including the following:

· limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;
· procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so;

‍10. Do You Share My Personal Data?

10.1. We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions.· If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party.
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· Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.

10.2. In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

10.3. We may share your personal data with other companies in our group. This includes subsidiaries AND/OR our holding company and its subsidiaries.

10.4. We may sometimes contract with third parties to supply certain services

10.5. If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 9.

10.6. If any personal data is transferred outside of the UK, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 9.

10.7. If sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Policy.

10.8. In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

11. How Can I Control My Personal Data?

‍11.1. In addition to your rights under the Data Protection Legislation, set out in Part 5, when you submit personal data via Our Site, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails OR at the point of providing your details and by managing your Account).

11.2. You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

‍12. Can I Withhold Information?

‍12.1. You may access certain areas of Our Site without providing any personal data at all.

12.2. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.

12.3. You may restrict our use of Cookies. For more information, see Part 14 and our OR Cookie Policy.

‍13. How Can I Access My Personal Data?

‍13.1. If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

13.2. All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.

13.3. There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

13.4. We will respond to your subject access request within 28 days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

‍15. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please communicate with the Data Protection Officer described in clause 2 of this Privacy Notice.

‍16. Changes to this Privacy Policy

‍16.1. We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we our business in a way that affects personal data protection.

16.2. Any changes will be posted on Our Site as soon as is reasonably possible and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations.

16.3. We recommend that you check this page regularly to keep up-to-date. This Privacy Policy was last updated on on 09/11/22

We do not use cookie data as of 10/11/22

Contact

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