PLEASE READ ALL THESE TERMS AND CONDITIONS CAREFULLY AS USE OF THIS WEBSITE
For purposes of this document, “Kerry J Donovan” (“us”, “we”, “our” etc) shall include Kerry J Donovan and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents, and representatives, and any third-party providers or sources of information or data.
All terms and conditions listed on this website are governed by and construed in accordance with the laws of Brittany, France and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Brittany, France. If any provision of the terms and conditions listed on our website is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms and conditions, which will continue in full force and effect. If you access this website in a jurisdiction other than Brittany, France, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.Kerry J Donovan makes no representations that the content of this website complies with the laws of any state or country outside Brittany, France.
All terms and conditions listed on this website may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of this website following such amendment of the terms and conditions will represent an agreement by you to be bound by the amended terms and conditions. Where your access to this website is terminated, all disclaimers and limitations of liability set out in the terms and conditions listed on our website will survive. Reference to the “website” includes the whole or any part of the web pages located under the domain name of www.kerryjdonovan.com (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
If any part of the terms and conditions listed on this website are found to be void, invalid, unlawful, or unenforceable then that provision or part will be deemed to be severed from the terms and conditions listed on this website and the remaining terms and provisions of the terms and conditions listed on this website will remain in force and constitute the agreement between you and Kerry J Donovan.
If Kerry J Donovan merges, sells, or otherwise change control of its business or this website to a third-party, Kerry J Donovan reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content, and rights that Kerry J Donovan has collected from you and any agreements it has made with you.
The failure by Kerry J Donovan to exercise or enforce any right or provision under the terms and conditions listed on the website will not constitute a waiver of such right or provision. Any waiver of any provision under the terms and conditions listed on this website will only be effective if it is in writing and signed by Kerry J Donovan.
Use of Material on the Kerry J Donovan Website
The information, artwork, logos, text, video, audio, or pictures (collectively, “Materials”) contained on this website are protected by copyright laws. You acknowledge that any intellectual property rights of these Materials are owned by Kerry J Donovan or applicable third parties, and that they remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by French and international laws and nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. Kerry J Donovan makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
You may view the Kerry J Donovan website for personal and non commercial use only and subject to the French Intellectual Property Code and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website, or create derivative works from any part of this website, or commercialise any information obtained from any part of this website without the prior written consent of Kerry J Donovan or, in the case of third party material, from the owner of the copyright of that material. You may not link directly to any file located on the Kerry J Donovan website, and you should not attempt to utilise any of Kerry J Donovan’s content as your own work.
You agree that you will not engage in any activity that interferes with this website or the servers that host this website. You agree not to circumvent, disable, or otherwise interfere with security-related features of this website. You understand and agree that any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.
Kerry J Donovan appreciates any suggestions (or “unsolicited ideas”) you may have regarding any aspect of this website or our products and services. If you communicate with Kerry J Donovan in any manner including but not limited to verbally, website contact form, or social media, your communications will not be regarded as confidential and will become the property of Kerry J Donovan. You automatically grant an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to Kerry J Donovan to use, copy, display, and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content without restriction or any obligation to compensate you. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products and services.
Sites Linked from the Kerry J Donovan Website
The Kerry J Donovan website may also feature or display third party advertising or content. Kerry J Donovan does not intend the featuring or displaying of such advertising or content links on this website to be referrals or endorsements of the content and the content is provided for user convenience only. Kerry J Donovan may promote, advertise, or sponsor events, competitions, or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Kerry J Donovan does not accept any responsibility in connection with your participation in activities conducted by any other party.
Kerry J Donovan reserves the right to prevent third parties from linking to this website.
The services, information, or data (collectively, “Information”) made available at the Kerry J Donovan website are provided “AS IS”, without warranties or guarantees of any kind, express or implied. Photographs are for illustrative purposes only and may vary from goods depicted or described. Images of goods published in this website without any advertised price beside that image are not offered for sale. Kerry J Donovan expressly disclaims any representations and warranties or guarantees, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Kerry J Donovan shall have absolutely no liability in connection with the services including but not limited to; any liability for damage to your computer hardware, data, information, Materials and business resulting from the Information or the lack of information available on the Kerry J Donovan website.
The use of this website is at your sole risk. Kerry J Donovan shall have no liability for:
- any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;
- any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
- any decision made or action taken or not taken in reliance upon the Information furnished hereunder.
Kerry J Donovan may at any time add or remove Material or Information from this website without notice. Kerry J Donovan makes no warranty, representation, or guarantee as to the content, sequence, accuracy, timeliness, or completeness of the Information or that the Information may be relied upon for any reason. Kerry J Donovan makes no warranty, representation, or guarantee that the Information will be uninterrupted or error free or that any defects can be corrected. Neither Kerry J Donovan nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold Kerry J Donovan liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
Kerry J Donovan may in its sole discretion limit or restrict your access to this website and without prior notice to you. If Kerry J Donovan does this, you may be prevented from accessing all or parts of the website, your account details, or other content contained in your account. Kerry J Donovan will not be liable to you or any third party for doing so. Further, for security, technical, maintenance, legal, or regulatory reasons, or due to any breach of these terms, Kerry J Donovan may withdraw this website, or change or remove website functionality at any time without notice to you.
You agree to indemnify Kerry J Donovan and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses, and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website, or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, and trade mark infringement.
Although Kerry J Donovan uses its best endeavours to confirm the accuracy of any information published on this website, you agree that Kerry J Donovan cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Kerry J Donovan by third parties or third parties changing product specifications without notice to Kerry J Donovan. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
Information published on this website is provided as a recommendation and for general information purposes only and current at the time of first publication. It is not legal, medical, or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality, and relevance of any Information provided and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission via our online contact form.
Given the nature of the internet, Kerry J Donovan cannot guarantee that any data transmission is totally secure, free from viruses, or other conditions which could damage or interfere with your computer systems and Kerry J Donovan does not warrant that your access to the website will be uninterrupted, error free, or that any defects will be corrected. Whilst Kerry J Donovan takes precautions to protect information, Kerry J Donovan does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. If you become aware of any problems with the security of the website, please contact us immediately.
You must also take your own precautions to ensure that your access the website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. Kerry J Donovan will not accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
Limitation of Liability
Under no circumstances shall Kerry J Donovan be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use of the Internet generally.
Kerry J Donovan will not be liable for any delay in performing any of our obligations if such delay is caused by circumstances beyond our reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems, or postal deliveries.
At Kerry J Donovan we aim for the highest level of client service and satisfaction and to comply with the Data Protection Act, the Postal and Electronic Communications Code, and similar legislation. As such we have stringent policies in place to ensure the utmost respect for your online as well as offline security and privacy. To adhere to our policies we will never trade your information. Our only purposes for storing your information are:
- identification and correspondence between Kerry J Donovan and its authorised representatives and you; and
- assessment of our websites.
Kerry J Donovan does not collect personally identifying information about any individual at any of its websites, except when knowingly provided by such individual. This is done via voluntary submission and you always have the option not to provide the information we request. There is no obligation for you to provide us with any of your personal information but if you choose not to, we may not be able to provide the information, goods or services that you require.
Depending on the exact nature of our relationship with you, we may request that you provide some or all of the following information:
- personally identifying information including but not limited to your name, home address, date of birth, driver’s licence;
- contact information including but not limited to your phone number/s, email address, mailing address; and
- product or services preference information.
We may collect this information in varying ways:
- directly from you in person or over the phone;
- when you interact with the Kerry J Donovan website in any way including but not limited to placing an order; or
- from other third party sources.
Wherever possible, we will collect personal information directly from the relevant individual to whom that information relates. You represent and warrant to us that where you provide personal information to us, you are authorised to provide the information to us, and the information provided is your personal information only.
Use of Your Information and Material
When supplying Kerry J Donovan with personal information, you are sharing that information, when necessary, with Kerry J Donovan as well as third parties providing other services for Kerry J Donovan. If you do not want your information to be shared, you can choose not to allow the transfer of your information by not using that particular service. Kerry J Donovan appreciates any suggestions (or “unsolicited ideas”) you may have regarding any aspect of this website or our products and services. If you communicate with Kerry J Donovan in any manner including but not limited to verbally, website contact form, or social media, your communications will not be regarded as confidential and will become the property of Kerry J Donovan. You automatically grant an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to Kerry J Donovan to use, copy, display, and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content without restriction or any obligation to compensate you. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products and services.
Kerry J Donovan may use your personal information for many legitimate reasons, including but not limited to:
- creating and maintaining a client account with Kerry J Donovan;
- offering and providing products or services to you;
- facilitating and processing your orders and payments;
- responding to your queries or requests, managing customer complaints, or requesting feedback;
- providing to third party suppliers or deliverers of our goods or services as required;
- providing to third party banking, fraud protection, or medical providers as required;
- sending a regular newsletter about our products or services;
- sending information about an event, sponsorship, or special offer on our products or services or those of our third party service providers;
- preventing fraud or other criminal activities;
- assisting us to improve our products and services including but not limited to staff training, record keeping, debt collection, product and services development , planning and research; and
- complying with our legal obligations and providing to regulatory bodies or law enforcement agents for legal and security purposes.
Browser Level Information & Cookies
Kerry J Donovan web servers automatically collect information about a site user’s IP address, browser type and referrer. This information is provided by every user’s browser and is automatically logged by most websites. We collected this information in a database and it is used in an aggregated and anonymous manner in our internal analysis of traffic patterns within our websites.
We use this data on a totally anonymous basis and we do not correlate this information with personal data of any user. Most internet browsers automatically accept cookies, but you can usually change your browser settings to display a warning before accepting a cookie, or to refuse all cookies. However, if you choose to disable the receipt of cookies from our website, you may not be able to use certain features.
We may send emails to those receiving one of our services and/or those registered at our website. These emails may be regarding things such as service status, new products and services, and promotions etc. You can always choose to opt-out of such lists at any time by sending an unsubscribe email in reply to the email you received or contacting us via this website.
Removal of Personal Data
Upon request, Kerry J Donovan will endeavour to remove all personal data gathered about you, including but not limited to: name, email address, and comments. Subject to local and international laws, some data may be retained for legal purposes, including but not limited to: continuing service provision and taxation requirements.
If you have any queries or concerns about this legal statement, you can contact us as below:
Kerry J Donovan