Cookies
1. introduction
1.1 We are committed to safeguarding the privacy of our website visitors and service users.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.3 By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.
1.4 In this policy, “we”, “us” and “our” refer to Georgina Newall Landscape Design. For more information about us, see Section 12.
2. How we use your personal data
2.1 In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) the purposes for which we may process personal data; and
(c) the legal bases of the processing.
2.2 We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics and our server logs. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
2.3 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.
2.4 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.
2.5 We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
2.6 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.7 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
2.8 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.9 Please do not supply any other person’s personal data to us, unless we prompt you to do so.
3. Intellectual Property
Intellectual property rights in all drawings, documents and other materials prepared by the Designer in performing the Services for you (the ‘Design Materials’). Shall be owned by the Designer. You may copy and se the Design Materials to specify and/or construct the garden on the site to which it relates (and to allow consultants and contractors to do the same) but may not make any material chances to the Design Materials or use them for any other purpose without the written permission of the Designer. The Designer asserts their right to be identifies as the author of the Design Materials.
4. CONFIDENTIALITY
Each party shall keep all information relating to other party which is at any time confidential (including know-how, market opportunities and financial or trading information) strictly confidential.
5. Limitations of Liability
The Designer’s liability to you in respect of any claim for breach of contract, negligence, breach of statutory duty or otherwise shall be limited to a maximum of the price paid or payable by you under the Proposal for the work carried out up to the date of the claim, except in respect of any claim for personal injury or death caused by the Designer’s negligence where no limit shall apply. The Designer does not have any responsibility for carrying out the construction of the garden to which the Design Materials relate or for monitoring that construction (unless you enter into a separate contract with them to do so). The Designer shall not be responsible for you acts or omissions or those of your contract in constructing the garden.
In recovering against the Designer for any loss or damage suffered or incurred by you, loss of profits, loss of business and indirect or consequential losses or damages shall not be included as recoverable losses.
The only warranties given by the Designer are set out in clause 1. No other warranties, express or implied, are given and all such warranties are hereby excluded to the extent possible under the applicable law.
6. Termination
1. This agreement shall continue for the period set out in the Proposal (or on earlier completion of the Services by the Designer) unless you agree with the Designer to extend the term in which event the terms of this Agreement shall also apply to such extension.
2. Either party may terminate this Agreement immediately by giving written notice to the other in any of the following events:
2.1. if the other party commits any breach of any of the terms of this agreement and fails to remedy that breach (if capable of remedy) within 30 days after notice from the other party giving full particulars of breach; or
2.2. if the other party takes, or there is taken in respect of the other party, any step, action, application or proceedings for a voluntary arrangement or composition or reconstruction of its debts; or winding up, dissolution, bankruptcy, administration or receivership (administrative or otherwise).
3. In addition, either party may terminated this Agreement by giving the other 4 weeks written notice unless otherwise specified in the Proposal.4. The provisions of clauses 3, 4, 5, and 7 will survive any termination or expiration of this Agreement.
7. GENERAL
1. The Designer shall not be liable to you for any delay in or failure to perform the Services as a result of a Force Majeure Event. ‘Force Majeure Event’ means any event affecting the performance by the Designer of the Designer’s obligations arising from any act, events, omissions, happenings or non happenings beyond the Designer’s reasonable control.
2. These terms and conditions and the Proposal comprise the entire agreement between the parties in relation to the provision of the design services (though construction monitoring services may be dealt with under a separate contract). You acknowledge that you have not relied up on any representation not recorded in this Agreement. In the event of any inconsistency between the Proposal and these terms and conditions, the Proposal shall prevail.
3. This Agreement shall be governed by and construed in accordance with English law. If any dispute or difference shall arise out of or in relation to this Agreement, the parties shall attempt to resolve it by good faith discussions and otherwise through mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both parties shall refuse to initiate the procedure within 14 days of the dispute having arisen or if the parties fail to agree terms or settlement within 60 days of the initiation of the procedure, the matter shall be finally settled by the English courts. stration or receivership (administrative or otherwise).