Terms of Use

Thanks for visiting the Elly MacDonald Design website.  Our website is operated by Elly MacDonald Design PTE LTD (“Elly MacDonald Design”), a Singapore private limited company.  IF YOU ACCESS THIS WEBSITE, IT MEANS YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE (the “Terms”).  These Terms form a binding legal agreement between you and Elly MacDonald Design. If you don’t agree to these Terms, you are not allowed to access our website.  We may change these Terms from time to time.  If you continue to use the website, then you are agreeing to the revised Terms.

  1. How you can use our website

We’re excited that you want to visit our website.  Please remember that all of the content on our website (the “Content”), including text, photographs, logos, graphics, audio and video clips, and software code, is owned or licensed by Elly MacDonald Design unless otherwise noted.  This includes Content on both our main site, and on our Caribbean Living blog, which is also governed by these Terms.

When you visit our website and agree to these Terms, we give you a limited right to access, copy, download, and print the Content for your personal and non-commercial use, provided that you don’t modify or delete any copyright, trademark or other legal notice that appears within the Content.

We reserve the right to block anyone’s access to our website at any time.

When you use our website, you agree that you will never

–       use Content for unauthorized purposes;

–       frame our Content or make our Content display next to someone else’s name, logo, trademark, or trade dress;

–       scrape our Content;

–       try to interrupt, delay, or intercept data transmissions from our website, so that others’ ability to access our website is diminished; and

–       use any name or trademark of Elly MacDonald Design in any metatag, hidden text, or other similar technique without our consent.

  1. Sponsored Activities and Links to Other Websites.

We often write about products and services that we believe our readers are interested in, including through posts on our Caribbean Living blog or through other social media outlets on which Elly MacDonald Design has an account. In some cases, we receive free products or a payment to encourage us to review or write about others’ products or services.  Whenever this is the case, we will make a statement in our review or post to indicate that we received the product or service from that other company, or that we were asked to write about the product or service.  This indicates that we have received something free or have received a payment.

We provide links to other websites that we believe you will find interesting and useful.  We don’t own those sites and we can’t control what content is on those sites.

We work with business partners through affiliate programs.  That means that if you purchase a product or service through a link on our website, we may receive a small payment or commission because we directed you to that affiliate.  Nevertheless, we are not responsible or liable for anything you do on any other website (or for any loss or damage that you suffer), even if you reached that other website through a link on our website.  If you have a problem with a product or service that you purchase from someone else, you must contact that seller, not Elly MacDonald Design.

You should review the terms of use for any website that you visit through Elly MacDonald Design.  Those terms apply to your use of that other website.

  1. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, Elly MacDonald Design PROVIDES THIS WEBSITE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Elly MacDonald Design DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Elly MacDonald Design DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL Elly MacDonald Design, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE Elly MacDonald Design PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), OR YOUR USE OF SERVICES PROVIDED BY Elly MacDonald Design, EVEN IF THE Elly MacDonald Design PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE Elly MacDonald Design PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITE, FOR YOUR USE OF THE WEBSITE, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITE OR OTHERWISE RELATING TO THE WEBSITE.

  1. Indemnification.

You agree to indemnify and hold harmless the Elly MacDonald Design Parties (defined above) from and against any and all loss, costs, expenses, and damages, including without limitation attorneys fees, resulting, whether directly or indirectly, from (a) your violation of these Terms; (b) your use of the Website; or (c) any materials that you submit to our website or otherwise make available to Elly MacDonald Design.

  1. Privacy Policy.

Elly MacDonald Design is committed to handling your personal information with appropriate care and security.  We recommend that you review our Privacy Policy below.

  1. Trademarks, Copyright.

Trademarks, logos and service marks displayed on this Website are registered and unregistered trademarks of Elly MacDonald Design, PTE LTD, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this website or in these Terms shall be construed as granting any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission.  This website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected, including as a compilation, under the copyright laws of Singapore and other countries.

  1. Miscellaneous Terms.

If any provision of these Terms is held to be invalid or unenforceable by virtue of any law or regulation or by the final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions, which shall be modified to give effect to the original intent of the parties. These Terms shall be governed by and construed according to the Singapore Copyright Act and the laws of Singapore, exclusive of its choice of law provisions. The parties agree that any disputes or proceedings between them concerning the Website or these Terms shall be brought in a court of competent jurisdiction sitting in Singapore, and the parties hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver or ongoing waiver of any provision or right. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Elly MacDonald Design as a result of these Terms or your use of our website. These Terms constitute the entire agreement between you and us relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms) between you and us. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Privacy Policy

We at Elly MacDonald Design PTE LTD  (“Elly MacDonald Design“), are very careful about how we collect, use, and take care of your personal information (that is, anything that could be used to identify you personally).  We also want you to be aware of some non-personal information that we collect to track how people use our website.  Please review this policy.  We may need to update it from time to time as our business grows or circumstances change.  When you use our website, you’re agreeing that you accept what we do with your personal information.

Although our website includes links to other websites, remember that we don’t control what other websites do, or how they use your personal information.  We also can’t control a site that links to Elly MacDonald Design.  Check out the privacy policies and terms of use for other websites that you visit.

Personal Information That We Collect

We may collect personal information at several places on our website, such as:

  • when you send us an email or sign up to receive a newsletter or notification;
  • when you subscribe to an email discussion list or register as a user of our website;
  • when you participate in an online activity that requires you to identify yourself; and
  • when you provide personal information in connection with your participation in any forums or by posting a comment.

The information we collect may include your name, email address, contact information such as your telephone number, your age, and information (such as names) about family members or friends associated with events that you discuss on the Elly MacDonald Design website.  We may also collect photographs of you or your friends or family members, if you decide to submit them.

We do not collect financial information (such as credit card numbers) on our website.

How We Use Personal Information

We use the personal information you provide to us in order to communicate with you about Elly MacDonald Design projects or website activities and to inform you about things that we think you’ll find interesting.  For example, we may contact you to reply to a question that you’ve emailed to us.  Or, if you enter a contest, we may send you information about another contest that you might want to enter.

You always have the option of asking that we remove your personal information from our records.  Anytime you do that, we will use commercially reasonable ways to remove your personal information so that you are not contacted again.

On occasion, we may share your personal information with our business partners that we believe may have products or services that you would find interesting.  We always work to ensure that our business partners are reputable and have adequate safeguards to protect your personal information.

We may also need to share your personal information with our contractors and service providers in order to maintain, enhance, or add to the functionality of our website.  In that case, we work hard to ensure that our contractual relationship prevents any further use of your personal information by the contractor or service provider, and that personal information is destroyed or deleted by the contractor or service provider after working with Elly MacDonald Design.

Finally, we may have to disclose your personal information if we feel that doing so is reasonably necessary to (a) prevent or deal with suspected illegal activities; (b) enforce the Terms of Use of the Website; (c) comply with legal process, such as a search warrant, subpoena, statute, or court order; or (d) protect our rights, reputation, and property, or that of others.

Security of Personal Information

Elly MacDonald Design has implemented reasonable security measures to prevent unauthorized access to personal information that we’ve collected.  However, no website and no security measures can fully eliminate security risks or the possibility of data breaches.

In the event of any unauthorized access to your personal information, we will make a commercially reasonable effort to notify you regarding the nature and extent of the breach, and we will comply with all applicable laws and regulations related to the breach.

Non-Personal Browsing Information That We Collect

When you use our website, our servers or those of third-parties that help us provide service to you, those servers may collect non-personal information (indirectly and automatically) about your activities while visiting our website.  This type of data may include your IP address and the type of browser you are using.  We may collect this information via standard reporting from web browsers and network infrastructure components, or via technologies designed to help us identify statistical information about the use of the Website, such as cookies, transparent images, or similar technologies.

We collect this information to help us manage our website.  We don’t try to link this non-personal browsing information with any personal information that we may have collected from you.  We don’t use behavioural advertising.  We also do not share non-personal browsing information except in aggregated form.

Reorganization or Merger

If Elly MacDonald Design PTE LTD is ever acquired by another person or company or is otherwise is subject to a reorganization of its business structure, we may transfer some or all of your personal and/or non-personal browsing information to a third party.  If that happens, the privacy policy of another entity may apply to your personal information.

Children’s Information

We provide interior design and styling services, but we note particularly that our website is not directed at children under the age of 13. We will never knowingly request or collect personal information from anyone under the age of 13 without requiring parental consent.

Effective Date: September 1, 2015